Common use of Avoidance Drawings Clause in Contracts

Avoidance Drawings. If at any time the Trustee shall have actual knowledge of the issuance of any Final Order, the Trustee shall promptly give notice thereof to the Liquidity Provider and the Policy Provider. The Trustee shall thereupon calculate the relevant Avoided Payments resulting therefrom and shall promptly: (a) send to the Securityholders a Written Notice of such amounts and (b) prior to the expiration of the Policy, deliver to the Policy Provider or its fiscal agent a Notice of Avoided Payment under the Policy, together with a copy of the documentation required by the Policy with respect thereto, requesting a Policy Drawing thereunder (for payment to the receiver, conservator, debtor-in-possession, trustee in bankruptcy or the Trustee (for deposit into the Policy Account), as applicable) in an amount equal to the amount of relevant Avoided Payment. To the extent that any portion of such Avoided Payment is to be paid to the Trustee, such Written Notice shall also set the date for the distribution of such portion of the proceeds of such Policy Drawing which date shall constitute a Distribution Date and shall be the earlier of three Business Days after the date of the expiration of the Policy and the Business Day that immediately follows the 25th day after the date of such Written Notice. Upon receipt, the Trustee shall pay the proceeds of the specified Policy Drawing under the Policy to the Securityholders or the Liquidity Provider, as applicable on such Distribution Date.

Appears in 2 contracts

Samples: Security Agreement (Continental Airlines Inc /De/), Continental Airlines Inc /De/

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Avoidance Drawings. If at any time the Trustee Drawing Agent shall have actual knowledge of the issuance of any Final Order, the Trustee Drawing Agent shall promptly give notice thereof to the Liquidity Provider Trustee, the Guarantor Trustee, the Cash Manager and the Policy Provider. The Trustee Cash Manager shall thereupon calculate determine the relevant Avoided Payments Payment with respect to the Certificates resulting therefrom and shall promptly: (ai) send to the Securityholders Drawing Agent a Written Notice of such amounts amount and (bii) prior to the expiration of the Policy, instruct the Drawing Agent to, and the Drawing Agent shall, deliver to the Policy Provider or its fiscal agent a Notice of Avoided Payment under the Policy, together with a copy of the documentation required by the Policy with respect thereto, requesting a Policy Drawing (each, an "Avoidance Drawing") thereunder (for payment to the receiver, conservator, debtor-in-possession, trustee in bankruptcy or the Trustee Drawing Agent (for deposit into the Policy Certificate Account), as applicable) ), in an amount equal to the amount of the relevant Avoided Payment. To the extent that any portion of such Avoided Payment Avoidance Drawing is to be paid to the Trustee, Drawing Agent such Written Notice shall also set the date for the distribution of such portion of the proceeds of such Policy Drawing which date shall constitute a Special Distribution Date and shall be the earlier of three Business Days after the date of the expiration of the Policy and the third Business Day that immediately follows the 25th day after following the date of such Written NoticeNotice referred to in clause (b) above. Upon receipt, the Trustee Drawing Agent shall pay the proceeds of the specified Policy Drawing under the Policy to the Securityholders or Certificate Account and the Liquidity Provider, as applicable on Pass Through Trustee shall direct the payment of such Distribution Dateamount in the Certificate Account to the holders of the Certificates.

Appears in 2 contracts

Samples: Trust Indenture (Aircastle LTD), Trust Indenture (Aircastle LTD)

Avoidance Drawings. If at any time a Responsible Officer of the Trustee shall have actual knowledge of the issuance of any Final Order, the Trustee shall promptly give notice thereof to the Liquidity Policy Provider and the Policy ProviderCash Manager. The Trustee Cash Manager shall thereupon calculate determine the relevant Avoided Payments in respect of the Class G-1 Notes resulting therefrom and shall promptly: (ai) send to the Securityholders Holders of the Notes a Written Notice of such amounts and (bii) prior to the expiration of the Policy, deliver to the Trustee a Written Notice instructing the Trustee to, and the Trustee shall immediately, deliver to the Policy Provider or its fiscal agent a Notice of Avoided Payment under the Policy, together with a copy of the documentation required by the Policy with respect thereto, requesting a Policy Drawing (each, an “Avoidance Drawing”) thereunder (for payment to the receiver, conservator, debtor-in-possession, trustee in bankruptcy or bankruptcy, and/or the Trustee (for deposit into the Policy related Note Account), as applicable) in an amount equal to the amount of the relevant Avoided Payment. To the extent that any portion of such Avoided Payment Avoidance Drawing is to be paid to the TrusteeTrustee in respect of the Class G-1 Notes, such Written Notice shall also set the date for the distribution of such portion of the proceeds of such Policy Drawing which date shall constitute a Special Distribution Date and shall be the earlier of three third Business Days after Day following the date of the expiration of the Policy and Provider has received the Business Day that immediately follows the 25th day after the date of such Written Noticedocumentation referred to in clause (ii) above. Upon receipt, the Trustee Cash Manager shall pay the proceeds of the specified Policy Drawing under the Policy to the Securityholders or Trustee for payment to the Liquidity Provider, as applicable on such Distribution DateHolders of the Class G-1 Notes.

Appears in 2 contracts

Samples: Trust Indenture (Babcock & Brown Air LTD), Trust Indenture (Genesis Lease LTD)

Avoidance Drawings. If at any time the Trustee Drawing Agent shall have actual knowledge of the issuance of any Final Order, the Trustee Drawing Agent shall promptly give notice thereof to the Liquidity Provider Trustee, the Guarantor Trustee, the Cash Manager and the Policy Provider. The Trustee Cash Manager shall thereupon calculate determine the relevant Avoided Payments Payment with respect to the Certificates resulting therefrom and shall promptly: (ai) send to the Securityholders Drawing Agent a Written Notice of such amounts amount and (bii) prior to the expiration of the Policy, instruct the Drawing Agent to, and the Drawing Agent shall, deliver to the Policy Provider or its fiscal agent a Notice of Avoided Payment under the Policy, together with a copy of the documentation required by the Policy with respect thereto, requesting a Policy Drawing (each, an “Avoidance Drawing”) thereunder (for payment to the receiver, conservator, debtor-in-possession, trustee in bankruptcy or the Trustee Drawing Agent (for deposit into the Policy Certificate Account), as applicable) ), in an amount equal to the amount of the relevant Avoided Payment. To the extent that any portion of such Avoided Payment Avoidance Drawing is to be paid to the Trustee, Drawing Agent such Written Notice shall also set the date for the distribution of such portion of the proceeds of such Policy Drawing which date shall constitute a Special Distribution Date and shall be the earlier of three Business Days after the date of the expiration of the Policy and the third Business Day that immediately follows the 25th day after following the date of such Written NoticeNotice referred to in clause (b) above. Upon receipt, the Trustee Drawing Agent shall pay the proceeds of the specified Policy Drawing under the Policy to the Securityholders or Certificate Account and the Liquidity Provider, as applicable on Pass Through Trustee shall direct the payment of such Distribution Dateamount in the Certificate Account to the holders of the Certificates.

Appears in 2 contracts

Samples: Trust Indenture (Aircastle LTD), Trust Indenture (Aircastle LTD)

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Avoidance Drawings. If at any time a Responsible Officer of the Trustee shall have actual knowledge received written notice of the issuance of any Final Order, the Trustee shall promptly give notice thereof to the Liquidity Policy Provider and the Policy ProviderCash Manager. The Trustee Cash Manager shall thereupon calculate determine the relevant Avoided Payments in respect of the Class G-3 Notes resulting therefrom and shall promptly: (a) send to the Securityholders Holders of the Class G-3 Notes a Written Notice of such amounts and (b) prior to the expiration of the Policy, deliver to the Trustee a Written Notice instructing the Trustee to, and the Trustee shall immediately, deliver to the Policy Provider or its fiscal agent a Notice of Avoided Payment under the Policy, together with a copy of the documentation required by the Policy with respect thereto, requesting a Policy Drawing (each, an “Avoidance Drawing”) thereunder (for payment to the receiver, conservator, debtor-in-possession, trustee in bankruptcy or bankruptcy, and/or the Trustee (for deposit into the Policy related Note Account), as applicable) in an amount equal to the amount of relevant Avoided Payment. To the extent any portion of such Avoided Payment is to be paid to a receiver, conservator, debtor-in-possession or trustee in bankruptcy, the Trustee shall pay such portion to such Person. To the extent that any portion of such Avoided Payment is to be paid to the TrusteeTrustee in respect of the Class G-3 Notes, such Written Notice shall also set the date for the distribution of such portion of the proceeds of such Policy Drawing which date shall constitute a Special Distribution Date and shall be the earlier of three third Business Days after Day following the date of the expiration of the Policy and Provider has received the Business Day that immediately follows the 25th day after the date of such Written Noticedocumentation referred to in clause (b) above. Upon receipt, the Trustee shall pay the proceeds portion of such Avoided Payment paid to the Trustee to the Holders of the specified Policy Drawing under the Policy to the Securityholders or the Liquidity Provider, as applicable on such Distribution DateClass G-3 Notes.

Appears in 1 contract

Samples: Trust Indenture (AerCap Holdings N.V.)

Avoidance Drawings. If at any time the Trustee Subordination Agent shall have actual knowledge of the issuance of any Final Order, the Trustee Subordination Agent shall promptly give notice thereof to the each Trustee, each Primary Liquidity Provider and the Policy Provider. The Trustee Subordination Agent shall thereupon calculate the relevant Avoided Payments Preference Amounts resulting therefrom and shall promptly: (a) send to the Securityholders Class G-1 Trustee and the Class G-2 Trustee a Written Notice of such amounts and (b) prior to the expiration of the related Policy, deliver to the Policy Provider or its fiscal agent a Notice of Avoided Payment under the such Policy, together with a copy of the documentation required by the such Policy with respect thereto, requesting a Policy Drawing thereunder (for payment to the receiver, conservator, debtor-in-possession, trustee in bankruptcy or the Trustee Subordination Agent, as applicable (for deposit into the applicable Policy Account), as applicable) in an amount equal to the amount of relevant Avoided PaymentPreference Amount. To the extent that any portion of such Avoided Payment Preference Amount is to be paid to the TrusteeSubordination Agent, such Written Notice shall also set the date for the distribution of such portion of the proceeds of such Policy Drawing which date shall constitute a Special Distribution Date and shall be the earlier of three Business Days after the date of the expiration of the related Policy and the Business Day that immediately follows the 25th day after the date of such Written Notice. Upon receipt, the Trustee Subordination Agent shall pay the proceeds of the specified Policy Drawing under the related Policy to the Securityholders or Class G-1 Trustee and the Liquidity ProviderClass G-2 Trustee, as applicable on such Distribution Dateapplicable.

Appears in 1 contract

Samples: Intercreditor Agreement (Continental Airlines Inc /De/)

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