Common use of Availability of Funds for Payments Clause in Contracts

Availability of Funds for Payments. Notwithstanding any provisions contained in this Escrow Agreement to the contrary, HVF shall not, and shall not be obligated to, pay any amount pursuant to this Escrow Agreement unless HVF has funds which are not required to repay any Notes Outstanding when due. Prior to the commencement of an insolvency proceeding by or against HVF, any amount which HVF does not pay pursuant to the operation of the preceding sentence shall not constitute a claim (as defined in § 101 of the Bankruptcy Code) against or obligation of HVF for any such insufficiency unless and until HVF satisfies the provisions of such preceding sentence.

Availability of Funds for Payments. Notwithstanding any provisions contained in this Escrow Agreement to the contrary, HVF shall not, and shall not be obligated to, to pay any amount pursuant to this Escrow Agreement unless HVF has funds which that are not required to repay any Series of Notes Indenture Outstanding when due. Prior to the commencement of an insolvency proceeding by or against HVF, any amount which that HVF does not pay pursuant to the operation of the preceding sentence shall not constitute a claim (as defined in § 101 of the Bankruptcy Code) against or obligation of HVF for any such insufficiency unless and until HVF satisfies the provisions of such preceding sentence.

Availability of Funds for Payments. Notwithstanding any provisions contained in this Escrow Agreement to the contrary, HVF shall not, and shall not be obligated to, to pay any amount pursuant to this Escrow Agreement unless HVF has funds which are not required to repay any Series of Notes Indenture Outstanding when due. Prior to the commencement of an insolvency proceeding by or against HVF, any amount which HVF does not pay pursuant to the operation of the preceding sentence shall not constitute a claim (as defined in § 101 of the Bankruptcy Code) against or obligation of HVF for any such insufficiency unless and until HVF satisfies the provisions of such preceding sentence.. (signature page follows)

Availability of Funds for Payments. Notwithstanding any provisions contained in this Escrow Agreement to the contrary, HVF shall not, and shall not be obligated to, to pay any amount pursuant to this Escrow Agreement unless HVF has funds which that are not required to repay any Series of Notes Indenture Outstanding when due. Prior to the commencement of an insolvency proceeding by or against HVF, any amount which that HVF does not pay pursuant to the operation of the preceding sentence shall not constitute a claim (as defined in § 101 of the Bankruptcy Code) against or obligation of HVF for any such insufficiency unless and until HVF satisfies the provisions of such preceding sentence.. (signature page follows)

Availability of Funds for Payments. Notwithstanding any provisions contained in this Escrow Agreement to the contrary, HVF shall not, and shall not be obligated to, to pay any amount pursuant to this Escrow Agreement unless HVF has funds which are not required to repay any Series of Notes Indenture Outstanding when due. Prior to the commencement of an insolvency proceeding by or against HVF, any amount which HVF does not pay pursuant to the operation of the preceding sentence shall not constitute a claim (as defined in § 101 of the Bankruptcy Code) against or obligation of HVF for any such insufficiency unless and until HVF satisfies the provisions of such preceding sentence.