Common use of Delivery of Documents; Delivery Dates Clause in Contracts

Delivery of Documents; Delivery Dates. (a) The Trustee is hereby directed (i) to execute and deliver, on or prior to the Issuance Date, the Intercreditor Agreement, the Escrow Agreement, each Participation Agreement relating to an Aircraft that is not a Prefunded Aircraft, and the Note Purchase Agreement, each in the form delivered to the Trustee by the Company, and (ii) subject to the respective terms thereof, to perform its obligations thereunder. On the Issuance Date, the Trustee shall duly execute, deliver, authenticate, issue and sell Applicable Certificates in authorized denominations equaling in the aggregate the amount set forth, with respect to the Applicable Trust, in Schedule I to the Placement Agreement, which Applicable Certificates shall evidence the entire ownership interest in the Applicable Trust and which amount equals the aggregate principal amount of Equipment Notes purchased by the Trustee on the date hereof and to be purchased by the Trustee pursuant to the Note Purchase Agreement. Except as provided in Sections 3.03, 3.04, 3.05 and 3.06 of the Basic Agreement or upon exchange of the Initial Certificates for Exchange Certificates, the Trustee shall not execute, authenticate or deliver Applicable Certificates in excess of the aggregate amount specified in this paragraph. The provisions of this Section 3.02(a) supersede and replace the first sentence of Section 3.02(a) of the Basic Agreement, with respect to the Applicable Trust.

Delivery of Documents; Delivery Dates. (a) The Trustee is hereby directed (i) to execute and deliverdeliver the Intercreditor Agreement, the Escrow Agreement and the Note Purchase Agreement on or prior to the Issuance Date, the Intercreditor Agreement, the Escrow Agreement, each Participation Agreement relating to an Aircraft that is not a Prefunded Aircraft, and the Note Purchase Agreement, each in the form delivered to the Trustee by the Company, Company and (ii) subject to the respective terms thereof, to perform its obligations thereunder. On Upon request of the Issuance DateCompany and the satisfaction or waiver of the closing conditions specified in the Placement Agreement, the Trustee shall duly execute, deliver, authenticate, issue and sell Applicable Certificates in authorized denominations equaling in the aggregate the amount set forth, with respect to the Applicable Trust, in Schedule I II to the Placement Agreement, which Applicable Certificates shall evidence Agreement evidencing the entire ownership interest in the Applicable Trust and Trust, which amount equals the maximum aggregate principal amount of Equipment Notes purchased by the Trustee on the date hereof and to which may be purchased by the Trustee pursuant to the Note Purchase Agreement. Except as provided in Sections 3.03, 3.04, 3.05 3.04 and 3.06 3.07 of the Basic Agreement or upon exchange of the Initial Certificates for Exchange Certificatesthis Agreement, the Trustee shall not execute, authenticate or deliver Applicable Certificates in excess of the aggregate amount specified in this paragraph. The provisions of this Section 3.02(a) supersede and replace purchase the first sentence of Section 3.02(a) applicable Equipment Notes with the proceeds of the Basic withdrawals of one or more Deposits made on the Applicable Delivery Date in accordance with the terms of the Deposit Agreement and the Escrow Agreement, with respect . The purchase price of such Equipment Notes shall equal the principal amount of such Equipment Notes. Amounts withdrawn from such Deposit or Deposits in excess of the purchase price of the Equipment Notes or to the extent not applied on the Applicable TrustDelivery Date to the purchase price of the Equipment Notes, shall be re-deposited by the Trustee with the Depositary on the Applicable Delivery Date in accordance with the terms of the Deposit Agreement.

Delivery of Documents; Delivery Dates. (a) The Trustee is hereby directed (i) to execute and deliver, deliver on or prior to the Issuance Date, Date the Intercreditor AgreementSecond Refunding Amendment, the Escrow Agreement, each Participation Agreement relating to an Aircraft that is not a Prefunded Aircraftthe Class D Refunding Agreement, and the Second Amendment dated as of the date hereof to the Note Purchase Agreement, each in the form delivered to the Trustee by the Company, and (ii) subject to the respective terms thereof, to perform its obligations thereunder. On the Issuance Date, the Trustee shall duly execute, deliver, authenticate, issue and sell Applicable Certificates in authorized denominations equaling in the aggregate the amount set forth, with respect to the Applicable Trust, in Schedule I to the Placement Agreement, which Applicable Certificates shall evidence the entire ownership interest in the Applicable Trust and which amount equals the aggregate principal amount of Equipment Notes purchased by the Trustee on the date hereof and to be purchased by the Trustee pursuant to the Note Purchase Agreement. Except as provided in Sections 3.03, 3.04, 3.05 and 3.06 of the Basic Agreement or upon exchange of the Initial Certificates for Exchange Certificates, the Trustee shall not execute, authenticate or deliver Applicable Certificates in excess of the aggregate amount specified in this paragraph. The provisions of this Section 3.02(a) supersede and replace the first sentence of Section 3.02(a) of the Basic Agreement, with respect to the Applicable Trust.

Delivery of Documents; Delivery Dates. (a) The Trustee is hereby directed (i) to execute and deliver, deliver on or prior to the Issuance Date, Date the Refunding Amendment to the Intercreditor Agreement, the Escrow Agreement, each Participation Agreement relating to an Aircraft that is not a Prefunded Aircraftthe Class C Refunding Agreement, and the First Amendment dated as of the date hereof to the Note Purchase Agreement, each in the form delivered to the Trustee by the Company, and (ii) subject to the respective terms thereof, to perform its obligations thereunder. On the Issuance Date, the Trustee shall duly execute, deliver, authenticate, issue and sell Applicable Certificates in authorized denominations equaling in the aggregate the amount set forth, with respect to the Applicable Trust, in Schedule I to the Placement Agreement, which Applicable Certificates shall evidence the entire ownership interest in the Applicable Trust and which amount equals the aggregate principal amount of Equipment Notes purchased by the Trustee on the date hereof and to be purchased by the Trustee pursuant to the Note Purchase Agreement. Except as provided in Sections 3.03, 3.04, 3.05 and 3.06 of the Basic Agreement or upon exchange of the Initial Certificates for Exchange Certificates, the Trustee shall not execute, authenticate or deliver Applicable Certificates in excess of the aggregate amount specified in this paragraph. The provisions of this Section 3.02(a) supersede and replace the first sentence of Section 3.02(a) of the Basic Agreement, with respect to the Applicable Trust.

Delivery of Documents; Delivery Dates. (a) The Trustee is hereby directed (i) to execute and deliver, on or prior to the Issuance Date, deliver the Intercreditor Agreement, the Escrow Agreement, each Participation Agreement relating to an Aircraft that is not a Prefunded Aircraft, and the Note Purchase Agreement, the Participation Agreements relating to the Delivered Aircraft and the Registration Agreement on or prior to the Issuance Date, each in the form delivered to the Trustee by the Company, Company and (ii) subject to the respective terms thereof, to perform its obligations thereunder. On Upon request of the Issuance DateCompany and the satisfaction or waiver of the closing conditions specified in the Class C Certificate Purchase Agreement, the Trustee shall duly execute, deliver, authenticate, issue and sell Applicable Certificates in authorized denominations equaling in the aggregate the amount set forth, with respect to the Applicable Trust, in Schedule I to the Placement Agreement, which Applicable Certificates shall evidence Class C Certificate Purchase Agreement evidencing the entire ownership interest in the Applicable Trust and Trust, which amount equals the maximum aggregate principal amount of Equipment Notes purchased by the Trustee on the date hereof and to which may be purchased by the Trustee pursuant to the Note Purchase AgreementAgreement and the Participation Agreements. Except as provided in Sections 3.03, 3.04, 3.05 and 3.06 of the Basic Agreement or upon exchange of the Initial Certificates for Exchange CertificatesAgreement, the Trustee shall not execute, authenticate or deliver Applicable Certificates in excess of the aggregate amount specified in this paragraph. (b) On or after the Issuance Date the Company may deliver from time to time to the Trustee a Delivery Notice relating to one or more Equipment Notes. After receipt of a Delivery Notice and in any case no later than one Business Day prior to a Delivery Date as to which such Delivery Notice relates (the "Applicable Delivery Date"), the Trustee shall (as and when specified in the Delivery Notice) instruct the Escrow Agent to provide a Notice of Purchase Withdrawal to the Depositary requesting (A) the withdrawal of one or more Deposits on the Applicable Delivery Date in accordance with and to the extent permitted by the terms of the Escrow Agreement and the Deposit Agreement and (B) the payment of all, or a portion, of such Deposit or Deposits in an amount equal in the aggregate to the purchase price of such Equipment Notes to or on behalf of the Owner Trustee or the Company, as the case may be, issuing such Equipment Notes, all as shall be described in the Delivery Notice. The Trustee shall (as and when specified in such Delivery Notice), subject to the conditions set forth in Section 3 of the Note Purchase Agreement, enter into and perform its obligations under the Participation Agreement specified in such Delivery Notice (the "Applicable Participation Agreement") and cause such certificates, documents and legal opinions relating to the Trustee to be duly delivered as required by the Applicable Participation Agreement. If at any time prior to the Applicable Delivery Date, the Trustee receives a notice of postponement pursuant to Section 2(e) or 2(f) of the Note Purchase Agreement, then the Trustee shall give the Depositary (with a copy to the Escrow Agent) a notice of cancellation of such Notice of Purchase Withdrawal relating to such Deposit or Deposits on such Applicable Delivery Date. Upon satisfaction of the conditions specified in the Note Purchase Agreement and the Applicable Participation Agreement, the Trustee shall purchase the applicable Equipment Notes with the proceeds of the withdrawals of one or more Deposits made on the Applicable Delivery Date in accordance with the terms of the Deposit Agreement and the Escrow Agreement. The purchase price of such Equipment Notes shall equal the principal amount of such Equipment Notes. Amounts withdrawn from such Deposit or Deposits in excess of the purchase price of the Equipment Notes or to the extent not applied on the Applicable Delivery Date to the purchase price of the Equipment Notes, shall be re-deposited by the Trustee with the Depositary on the Applicable Delivery Date in accordance with the terms of the Deposit Agreement. The provisions of this Section 3.02(a5.01(b) shall not apply to the Delivered Aircraft Equipment Notes. The provisions of this Section 5.01(b) and Section 5.01(c) hereof supersede and replace the first sentence provisions of Section 3.02(a2.02 of the Basic Agreement (which are inapplicable to the Trust), and all provisions of the Basic Agreement relating to Postponed Notes and Section 2.02 of the Basic Agreement shall not apply to the Applicable Trust, provided that (i) the reference in Section 2.03 of the Basic Agreement to "Section 2.02 hereof" shall apply to the Applicable Trust and shall be deemed to refer to Section 5.01(c) of this Trust Supplement and (ii) for purposes of Section 4.02(c) of the Basic Agreement, the reference to (x) "Postponed Notes" shall apply to the Applicable Trust and such term shall have the meaning specified herein and (y) "Section 2.02" shall apply to the Applicable Trust and shall be deemed a reference to Section 5.01(c) of this Trust Supplement. (c) The Trustee shall purchase, pursuant to the terms and conditions of the Participation Agreements relating to the Delivered Aircraft, the Delivered Aircraft Equipment Notes on the Issuance Date or on December 15, 1998, as specified in Exhibit F hereto. In the case of (x) the Delivered Aircraft Equipment Notes having a scheduled Transfer Date of December 15, 1998 and (y) any Delivered Aircraft Equipment Notes with respect to which the Company shall deliver to the Trustee a Postponement Notice, the Trustee shall deposit into an escrow account (the "Postponed Notes Escrow Account") to be maintained as part of the Trust an amount equal to the purchase price of such Postponed Notes (the "Postponed Notes Escrowed Funds"). The Postponed Notes Escrowed Funds so deposited shall be invested by the Trustee at the written direction of the Company in Specified Investments (i) maturing no later than any scheduled Transfer Date relating to the Postponed Notes or (ii) if no such Transfer Date has been scheduled, maturing on the next Business Day, or (iii) if the Company has given notice to the Trustee that any Postponed Notes will not be issued, with respect to the portion of the Postponed Notes Escrowed Funds relating to such Postponed Notes, maturing on the next applicable Special Distribution Date, if such investments are reasonably available for purchase. The Trustee shall make withdrawals from the Postponed Notes Escrow Account only as provided in this Agreement. Upon request of the Company on one or more occasions and the satisfaction of the closing conditions specified in the applicable Participation Agreements on or prior to the Postponement Cut-off Date, the Trustee shall purchase the applicable Postponed Notes with the Postponed Notes Escrowed Funds withdrawn from the Postponed Notes Escrow Account. The purchase price shall equal the principal amount of such Postponed Notes. The Trustee shall hold all Specified Investments until the maturity thereof and will not sell or otherwise transfer Specified Investments. If Specified Investments held in a Postponed Notes Escrow Account mature prior to any applicable Transfer Date, any proceeds received on the maturity of such Specified Investments (other than any earnings thereon) shall be reinvested by the Trustee at the written direction of the Company in Specified Investments maturing as provided in the preceding paragraph. Any earnings or Specified Investments received from time to time by the Trustee shall be promptly distributed to the Company. The Company shall pay to the Trustee for deposit to the Postponed Notes Escrow Account an amount equal to any losses on such Specified Investments as incurred. On the January 30, 1999 Regular Distribution Date, the Company will pay (in immediately available funds) to the Trustee an amount equal to the interest that would have accrued on any Postponed Notes, if any, purchased after the Issuance Date if such Postponed Notes had been purchased on the Issuance Date, from the Issuance Date to, but not including, the date of the purchase of such Postponed Notes by the Trustee. If the Company notifies the Trustee prior to the Postponement Cut-off Date that any Postponed Notes will not be issued on or prior to the Postponement Cut-off Date for any reason, on the next Special Distribution Date occurring less than 15 days following the date of such notice (i) the Company shall pay to the Trustee for deposit in the Special Payments Account, in immediately available funds, an amount equal to the interest that would have accrued on the Postponed Notes designated in such notice at a rate equal to the interest rate applicable to the Certificates from the Issuance Date to, but not including, such Special Distribution Date and (ii) the Trustee shall transfer an amount equal to that amount of Postponed Notes Escrowed Funds that would have been used to purchase the Postponed Notes designated in such notice and the amount paid by the Company pursuant to the immediately preceding clause (i) to the related Special Payments Account for distribution as a Special Payment in accordance with the provisions hereof. If, on the Postponement Cut-off Date, an amount equal to less than all of the Postponed Notes Escrowed Funds (other than Postponed Notes Escrowed Funds referred to in the immediately preceding paragraph) has been used to purchase Postponed Notes, on the next Special Distribution Date occurring less than 15 days following the Postponement Cut-off Date (i) the Company shall pay to the Trustee for deposit in the Special Payments Account, in immediately available funds, an amount equal to the interest that would have accrued on such Postponed Notes contemplated to be purchased with such unused Postponed Notes Escrowed Funds (other than Postponed Notes Escrowed Funds referred to in the immediately preceding paragraph) but not so purchased at a rate equal to the interest rate applicable to the Applicable TrustCertificates from the Issuance Date to, but not including, such Special Distribution Date and (ii) the Trustee shall transfer such unused Postponed Notes Escrowed Funds and the amount paid by the Company pursuant to the immediately preceding clause (i) to such Special Payments Account for distribution as a Special Payment in accordance with the provisions hereof. Section 5.02.