Collateral Coverage Ratio. (a) Parent will not permit at any time following the Closing Date the Collateral Coverage Ratio to be less than 1.67 to 1.0; provided, that if, (A) upon delivery of an Appraisal pursuant to Section 5.07 or otherwise pursuant to this Agreement (except pursuant to Section 5.07(2) or 5.07(3) or any Appraisal delivered to the Administrative Agent in connection with the designation of Additional Collateral solely to evidence compliance with the requirements of this Section 6.09(a)) and (B) solely with respect to determining compliance with this Section as a result thereof, it is determined that Parent shall not be in compliance with this Section 6.09(a), Parent shall, within forty-five (45) days (or, in the case of an Appraisal delivered pursuant to Section 5.07(4) within thirty (30) days) of the date of such Appraisal (or, in the case of an Appraisal required under Section 5.07(1) or 5.07(4) not delivered by the deadline thereunder, the date such Appraisal was due thereunder) designate Additional Collateral as additional Eligible Collateral and comply with Section 5.12 and/or prepay or cause to be prepaid the Loans in accordance with Section 2.12(b), collectively, in an amount sufficient to enable Parent to comply with this Section 6.09(a).
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Continental Airlines, Inc.), Credit and Guaranty Agreement (United Air Lines Inc)
Collateral Coverage Ratio. (a) The Parent will not permit at any time following on or after the Closing Date dates on which (i) Collateral is first pledged to secure the Obligations, (ii) the Lenders make the initial Loans and (iii) the Issuing Lenders issue the initial Letters of Credit, the Collateral Coverage Ratio to be less than 1.67 1.0 to 1.0; provided, that if, (A) upon delivery of an Appraisal Appraisal, pursuant to Section 5.07 5.07(a) or otherwise pursuant to this Agreement (except pursuant to Section 5.07(25.07(a)(B) or 5.07(35.07(a)(C) or any Appraisal delivered to the Administrative Agent in connection with the designation of Additional Collateral solely to evidence compliance with the requirements of this Section 6.09(a)) and (B) solely with respect to determining compliance with this Section as a result thereof, it is determined that the Parent shall not be in compliance with this Section 6.09(a), the Parent shall, within forty-five (45) days (or, in the case of an Appraisal delivered pursuant to Section 5.07(4) within thirty (30) days) of the date of such Appraisal (or, in the case of an Appraisal required under Section 5.07(15.07(a)(A) or 5.07(4) that is not delivered by the deadline thereunder, the date such Appraisal was due thereunder) designate Additional Collateral as additional Eligible Collateral and comply with Section 5.12 and/or prepay or cause to be prepaid the Loans in accordance with Section 2.12(b), collectively, in an amount sufficient to enable the Parent to comply with this Section 6.09(a).
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Hawaiian Holdings Inc)
Collateral Coverage Ratio. (a) Parent The Borrower will not permit at any time following the Closing Date the Collateral Coverage Ratio to be less than 1.67 1.0 to 1.0; provided, that if, (A) upon delivery of an Appraisal pursuant to Section 5.07 or otherwise pursuant to this Agreement (except pursuant to Section 5.07(2) or 5.07(3) or any Appraisal delivered to the Administrative Agent in connection with the designation of Additional Collateral solely to evidence compliance with the requirements of this Section 6.09(a)) and (B) solely with respect to determining compliance with this Section as a result thereof, it is determined that Parent the Borrower shall not be in compliance with this Section 6.09(a), Parent the Borrower shall, within forty-five (45) days (or, in the case of an Appraisal delivered pursuant to Section 5.07(4) within thirty (30) days) of the date of such Appraisal (or, in the case of an Appraisal required under Section 5.07(1) or 5.07(4) not delivered by the deadline thereunder, the date such Appraisal was due thereunder) designate Additional Collateral as additional Eligible Collateral and comply with Section 5.12 and/or prepay or cause to be prepaid the Loans in accordance with Section 2.12(b), collectively, in an amount sufficient to enable Parent the Borrower to comply with this Section 6.09(a).
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Jetblue Airways Corp)
Collateral Coverage Ratio. (a) The Parent will not permit at any time following on or after the Closing Date dates on which (i) Collateral is first pledged to secure the Obligations, (ii) the Lenders make the initial Loans and (iii) the Issuing Lenders issue the initial Letters of Credit, the Collateral Coverage Ratio to be less than 1.67 1.0 to 1.0; provided, that if, (A) upon delivery of an Appraisal Appraisal, pursuant to Section 5.07 5.07(a) or otherwise pursuant to this Agreement (except pursuant to Section 5.07(25.07(a)(2) or 5.07(35.07(a)(3) or any Appraisal delivered to the Administrative Agent in connection with the designation of Additional Collateral solely to evidence compliance with the requirements of this Section 6.09(a)) and (B) solely with respect to determining compliance with this Section as a result thereof, it is determined that the Parent shall not be in compliance with this Section 6.09(a), the Parent shall, within forty-five (45) days (or, in the case of an Appraisal delivered pursuant to Section 5.07(4) within thirty (30) days) of the date of such Appraisal (or, in the case of an Appraisal required under Section 5.07(1) or 5.07(4) 5.07(a)(1), not delivered by the deadline thereunder, the date such Appraisal was due thereunder) designate Additional Collateral as additional Eligible Collateral and comply with Section 5.12 and/or prepay or cause to be prepaid the Loans in accordance with Section 2.12(b), collectively, in an amount sufficient to enable the Parent to comply with this Section 6.09(a).
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Hawaiian Holdings Inc)
Collateral Coverage Ratio. (a) Parent The Borrower will not permit at any time following on or after the Closing Date date on which Collateral is first pledged to secure the Obligations, the Collateral Coverage Ratio to be less than 1.67 1.0 to 1.0; 129 provided, that if, (A) upon delivery of an Appraisal pursuant to Section 5.07 or otherwise pursuant to this Agreement (except pursuant to Section 5.07(2) or 5.07(3) or any Appraisal delivered to the Administrative Agent in connection with the designation of Additional Collateral solely to evidence compliance with the requirements of this Section 6.09(a)) and (B) solely with respect to determining compliance with this Section as a result thereof, it is determined that Parent the Borrower shall not be in compliance with this Section 6.09(a), Parent the Borrower shall, within forty-five (45) days (or, in the case of an Appraisal delivered pursuant to Section 5.07(4) within thirty (30) days) of the date of such Appraisal (or, in the case of an Appraisal required under Section 5.07(1) or 5.07(4) not delivered by the deadline thereunder, the date such Appraisal was due thereunder) designate Additional Collateral as additional Eligible Collateral and comply with Section 5.12 and/or prepay or cause to be prepaid the Loans in accordance with Section 2.12(b), collectively, in an amount sufficient to enable Parent the Borrower to comply with this Section 6.09(a).
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Republic Airways Holdings Inc)
Collateral Coverage Ratio. (a) The Parent will not permit at any time following the Closing Date the Collateral Coverage Ratio to be less than 1.67 1.0 to 1.0; provided, that if, (A) upon delivery of an Appraisal Appraisal, pursuant to Section 5.07 5.07(a) or otherwise pursuant to this Agreement (except pursuant to Section 5.07(25.07(a)(2) or 5.07(35.07(a)(3) or any Appraisal delivered to the Administrative Agent in connection with the designation of Additional Collateral solely to evidence compliance with the requirements of this Section 6.09(a)) and (B) solely with respect to determining compliance with this Section as a result thereof, it is determined that the Parent shall not be in compliance with this Section 6.09(a), the Parent shall, within forty-five (45) days (or, in the case of an Appraisal delivered pursuant to Section 5.07(4) within thirty (30) days) of the date of such Appraisal (or, in the case of an Appraisal required under Section 5.07(1) or 5.07(4) 5.07(a)(1), not delivered by the deadline thereunder, the date such Appraisal was due thereunder) designate Additional Collateral as additional Eligible Collateral and comply with Section 5.12 and/or prepay or cause to be prepaid the Loans in accordance with Section 2.12(b), collectively, in an amount sufficient to enable the Parent to comply with this Section 6.09(a).
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Hawaiian Holdings Inc)
Collateral Coverage Ratio. (a) Parent The Borrower will not permit at any time following the Closing Date the Collateral Coverage Ratio to be less than 1.67 1.6 to 1.0; provided, that if, (A) upon delivery of an Appraisal pursuant to Section 5.07 or otherwise pursuant to this Agreement (except pursuant to Section 5.07(2) or 5.07(3) or any Appraisal delivered to the Administrative Agent in connection with the designation of Additional Collateral solely to evidence compliance with the requirements of this Section 6.09(a)) and (B) solely with respect to determining compliance with this Section as a result thereof, it is determined that Parent the Borrower shall not be in compliance with this Section 6.09(a), Parent the Borrower shall, within forty-five (45) days (or, in the case of an Appraisal delivered pursuant to Section 5.07(4) within thirty (30) days) of the date of such Appraisal (or, in the case of an Appraisal required under Section 5.07(1) or 5.07(4) not delivered by the deadline thereunder, the date such Appraisal was due thereunder) designate Additional Collateral as additional Eligible Collateral and comply with Section 5.12 and/or prepay or cause to be prepaid the Term Loans in accordance with Section 2.12(b), collectively, in an amount sufficient to enable Parent the Borrower to comply with this Section 6.09(a).
Appears in 1 contract
Collateral Coverage Ratio. (a) Parent The Borrower will not permit at any time following the Closing Restatement Effective Date the Collateral Coverage Ratio to be less than 1.67 1.0 to 1.0; provided, that if, (A) upon delivery of an Appraisal pursuant to Section 5.07 or otherwise pursuant to this Agreement (except pursuant to Section 5.07(2) or 5.07(3) or any Appraisal delivered to the Administrative Agent in connection with the designation of Additional Collateral solely to evidence compliance with the requirements of this Section 6.09(a)) and (B) solely with respect to determining compliance with this Section as a result thereof, it is determined that Parent the Borrower shall not be in compliance with this Section 6.09(a), Parent the Borrower shall, within forty-five (45) days (or, in the case of an Appraisal delivered pursuant to Section 5.07(4) within thirty (30) days) of the date of such Appraisal (or, in the case of an Appraisal required under Section 5.07(1) or 5.07(4) not delivered by the deadline thereunder, the date such Appraisal was due thereunder) designate Additional Collateral as additional Eligible Collateral and comply with Section 5.12 and/or prepay or cause to be prepaid the Loans in accordance with Section 2.12(b), collectively, in an amount sufficient to enable Parent the Borrower to comply with this Section 6.09(a).
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Jetblue Airways Corp)