Common use of Discharge of Trust Indenture Clause in Contracts

Discharge of Trust Indenture. The Owner Participant agrees that, at Lessee's expense (including, without limitation, reasonable attorneys' fees and other out-of-pocket expenses of the Owner Trustee and Owner Participant), upon request of Lessee, the Owner Participant will negotiate promptly in good faith with respect to any arrangements pursuant to which the Trust Indenture may be satisfied and discharged in respect of the Certificates in accordance with subsection (ii) or (iii) of Section 10.01(a) of the Trust Indenture, and the Owner Trustee agrees to act upon the instructions of the Owner Participant in connection therewith; provided, however, that the determination whether to so satisfy and discharge the Certificates shall be in the Owner Participant's sole discretion. The Owner Trustee agrees that it will not, and the Owner Participant agrees that during such time as a Lease Event of Default has not occurred it will not cause the Owner Trustee to, take any action to effect such satisfaction and discharge except upon the request of Lessee made pursuant to this Section 8(y).

Appears in 4 contracts

Samples: Participation Agreement (Southwest Airlines Co), Participation Agreement (Southwest Airlines Co), Participation Agreement (Southwest Airlines Co)

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Discharge of Trust Indenture. The Owner Participant agrees that, at Lessee's expense (including, without limitation, reasonable attorneys' fees and other out-of-pocket expenses of the Owner Trustee and Owner Participant), upon request of Lessee, the Owner Participant will negotiate promptly in good faith with respect to any arrangements pursuant to which the Trust Indenture may be satisfied and discharged in respect of the Certificates in accordance with subsection (ii) or (iii) of Section 10.01(a) of the Trust Indenture, and the Owner Trustee agrees to act upon the instructions of the Owner Participant in connection therewith; provided, however, that the determination whether to so satisfy and discharge the Certificates shall be in the Owner Participant's sole discretion. The Owner Trustee agrees that during such time as a Lease Event of Default has not occurred it will not, and the Owner Participant agrees that during such time as a Lease Event of Default has not occurred it will not cause the Owner Trustee to, take any action to effect such satisfaction and discharge except upon the request of Lessee made pursuant to this Section 8(y).

Appears in 2 contracts

Samples: Participation Agreement (Southwest Airlines Co), Participation Agreement (Southwest Airlines Co)

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