Common use of Bankruptcy of Trust Estate Clause in Contracts

Bankruptcy of Trust Estate. If (a) all or any part of the Trust Estate becomes the property of a debtor subject to the reorganization provisions of Title 11 of the United States Code, as amended from time to time, (b) pursuant to such reorganization provisions the Owner Participant is required, by reason of the Owner Participant being held to have recourse liability to the debtor or the trustee of the debtor directly or indirectly, to make payment on account of any amount payable as principal or interest on the Lessor Notes, and (c) the Lease Indenture Trustee actually receives any Excess Amount, as defined below, which reflects any payment by the Owner Participant on account of Section 18.3(b), the Lease Indenture Trustee shall promptly refund to the Owner Participant such Excess Amount. For purposes of this Section 18.3, “Excess Amount” means the amount by which such payment exceeds the amount which would have been received by the Lease Indenture Trustee if the Owner Participant had not become subject to the recourse liability referred to in Section 18.3(b). Nothing contained in this Section 18.3 shall prevent the Lease Indenture Trustee from enforcing any personal recourse obligations (and retaining the proceeds thereof) of the Owner Participant as contemplated by this Agreement (other than referred to Section 18.3(b)).

Bankruptcy of Trust Estate. If (ai) all or any part of the Trust Estate becomes the property of a debtor subject to the reorganization provisions of Title 11 of the United States Code, as amended from time to time, (bii) pursuant to such reorganization provisions the Owner Participant is required, by reason of the Owner Participant being held to have recourse liability to the debtor or the trustee of the debtor directly or indirectly, to make payment on account of any amount payable as principal or interest on the Lessor Notes, and (ciii) the Lease Indenture Trustee actually receives any Excess Amount, as defined below, which reflects any payment by the Owner Participant on account of Section 18.3(b)clause (ii) above, the Lease Indenture Trustee shall promptly refund to the Owner Participant such Excess Amount. For purposes of this Section SECTION 18.3, “Excess Amount” "EXCESS AMOUNT" means the amount by which such payment exceeds the amount which would have been received by the Lease Indenture Trustee if the Owner Participant had not become subject to the recourse liability referred to in Section 18.3(b)clause (ii) above. Nothing contained in this Section SECTION 18.3 shall prevent the Lease Indenture Trustee from enforcing any personal recourse obligations (and retaining the proceeds thereof) of the Owner Participant as contemplated by this Agreement (other than referred to Section 18.3(bin clause (ii)).

Bankruptcy of Trust Estate. If (ai) all or any part of the Trust Estate becomes the property of a debtor subject to the reorganization provisions of Title 11 of the United States Code, as amended from time to time, (bii) pursuant to such reorganization provisions the Owner Participant is required, by reason of the Owner Participant being held to have recourse liability to the debtor or the trustee of the debtor directly or indirectly, to make payment on account of any amount payable as principal or interest on the Lessor NotesLoan Certificates, and (ciii) the Lease Indenture Trustee Lender actually receives any Excess Amount, as defined below, which reflects any payment by the Owner Participant on account of Section 18.3(b)clause (ii) above, the Lease Indenture Trustee Lender shall promptly refund to the Owner Participant such Excess Amount. For purposes of this Section 18.313.2, “"Excess Amount” " means the amount by which such payment exceeds the amount which would have been received by the Lease Indenture Trustee Lender if the Owner Participant had not become subject to the recourse liability referred to in Section 18.3(b)clause (ii) above. Nothing contained in this Section 18.3 13.2 shall prevent the Lease Indenture Trustee Lender from enforcing any personal recourse obligations (and retaining the proceeds thereof) of the Owner Participant as contemplated by this Participation Agreement (other than referred to Section 18.3(bin clause (ii)).

Bankruptcy of Trust Estate. If (ai) all or any part of the Trust Estate becomes the property of a debtor subject to the reorganization provisions of Title 11 of the United States Code, as amended from time to time, (bii) pursuant to such reorganization provisions the Owner Participant is required, by reason of the Owner Participant being held to have recourse liability to the debtor or the trustee of the debtor directly or indirectly, to make payment on account of any amount payable as principal or interest on the Lessor Notes, and (ciii) the Lease Indenture Trustee Holder Representative actually receives any Excess Amount, as defined below, which reflects any payment by the Owner Participant on account of Section 18.3(b)clause (ii) above, the Lease Indenture Trustee Holder Representative shall promptly refund to the Owner Participant such Excess Amount. For purposes of this Section 18.3SECTION 22.3, “Excess Amount” "EXCESS AMOUNT" means the amount by which such payment exceeds the amount which would have been received by the Lease Indenture Trustee Holder Representative if the Owner Participant had not become subject to the recourse liability referred to in Section 18.3(b)clause (ii) above. Nothing contained in this Section 18.3 SECTION 22.3 shall prevent the Lease Indenture Trustee Holder Representative from enforcing any personal recourse obligations (and retaining the proceeds thereof) of the Owner Participant as contemplated by this Agreement (other than referred to Section 18.3(bin clause (ii)).

Bankruptcy of Trust Estate. If (ai) all or any part of the Trust Estate becomes the property of a debtor subject to the reorganization provisions of Title 11 of the United States Code, as amended from time to time, (bii) pursuant to such reorganization provisions the Owner Participant is required, by reason of the Owner Participant being held to have recourse liability to the debtor or the trustee of the debtor directly or indirectly, to make payment on account of any amount payable as principal or interest on the Lessor NotesLoan Certificates, and (ciii) the Lease Indenture Trustee Lender actually receives any Excess Amount, as defined below, which reflects any payment by the Owner Participant on account of Section 18.3(b)clause (ii) above, the Lease Indenture Trustee Lender shall promptly refund to the Owner Participant such Excess Amount. For purposes of this Section 18.312.2, “"Excess Amount” " means the amount by which such payment exceeds the amount which would have been received by the Lease Indenture Trustee Lender if the Owner Participant had not become subject to the recourse liability referred to in Section 18.3(b)clause (ii) above. Nothing contained in this Section 18.3 12.2 shall prevent the Lease Indenture Trustee Lender from enforcing any personal recourse obligations (and retaining the proceeds thereof) of the Owner Participant as contemplated by this Participation Agreement (other than referred to Section 18.3(bin clause (ii)).

Bankruptcy of Trust Estate. If (ai) all or any part of the Trust Estate becomes the property of a debtor subject to the reorganization provisions of Title 11 of the United States Code, as amended from time to time, (bii) pursuant to such reorganization provisions the Owner Participant is required, by reason of the Owner Participant being held to have recourse liability to the debtor or the trustee of the debtor directly or indirectly, to make payment on account of any amount payable as principal or interest on the Lessor NotesLoan Certificate, and (ciii) the Lease Indenture Trustee Lender actually receives any Excess Amount, as defined below, which reflects any payment by the Owner Participant on account of Section 18.3(b)clause (ii) above, the Lease Indenture Trustee Lender shall promptly refund to the Owner Participant such Excess Amount. For purposes of this Section 18.318.2, “"Excess Amount” " means the amount by which such payment exceeds the amount which would have been received by the Lease Indenture Trustee Lender if the Owner Participant had not become subject to the recourse liability referred to in Section 18.3(b)clause (ii) above. Nothing contained in this Section 18.3 18.2 shall prevent the Lease Indenture Trustee Lender from enforcing any personal recourse obligations (and retaining the proceeds thereof) of the Owner Participant as contemplated by this Participation Agreement (other than referred to Section 18.3(bin clause (ii)).