Extension of the Expiry Date; Non-Extension Advance. At any time during the period no later than the 25th day and no earlier than the 60th day prior to the then-effective Expiry Date, the Borrower may provide notice to the Liquidity Provider and the Liquidity Provider may provide notice to the Borrower of the then-effective Expiry Date. If the Expiry Date is prior to the date that is 15 days after the Final Legal Distribution Date for the Class C Certificates, by written agreement between the Borrower and the Liquidity Provider, entered into at any time prior to the 25th day prior to the then-effective Expiry Date, the then-effective Expiry Date may be extended, effective on such 25th day, to the earlier of (i) the date that is 15 days after the Final Legal Distribution Date for the Class C Certificates and (ii) the date that is the last day of the 364 day period immediately following such then-effective Expiry Date (unless in either case the obligations of the Liquidity Provider are earlier terminated in accordance with the terms hereof). If the Borrower and the Liquidity Provider do not so agree to extend the then-effective Expiry Date prior to such 25th day (and if the Liquidity Provider shall not have been replaced in accordance with Section 3.06(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after such 25th day (but prior to such Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.06(d) of the Intercreditor Agreement.
Appears in 2 contracts
Samples: Revolving Credit Agreement (American Airlines Inc), Revolving Credit Agreement (American Airlines Inc)
Extension of the Expiry Date; Non-Extension Advance. At any time during the period no later than the 25th day and no No earlier than the 60th day and no later than the 40th day prior to the then-then effective Expiry Date, the Borrower may provide notice to the Liquidity Provider and the Liquidity Provider may provide notice to the Borrower of the then-effective Expiry Date. If the Date (unless such Expiry Date is prior to on or after the date that is 15 days after the Final Legal Distribution Date for the Class C Certificates), by written agreement between the Borrower and shall request that the Liquidity Provider, entered into at any time prior to Provider extend the 25th day prior to the then-effective Expiry Date, the then-effective Expiry Date may be extended, effective on such 25th day, to the earlier for a period of (i) the date that is 15 364 days after the Final Legal Distribution Date for the Class C Certificates and (ii) the date that is the last day of the 364 day period immediately following such then-then effective Expiry Date (unless in either case the obligations of the Liquidity Provider are earlier terminated in accordance with the terms hereof). If The Liquidity Provider may advise the Borrower Borrower, no earlier than 40 days and no later than 25 days prior to the then effective Expiry Date that it agrees to so extend the Expiry Date but in any event, without the necessity of any action on the part of the Liquidity Provider do not so agree to extend the then-effective Expiry Date shall automatically be so extended, unless the Liquidity Provider advises the Borrower on or before the 25th day prior to the Expiry Date then in effect that such 25th day Expiry Date shall not be so extended in which event (and if the Liquidity Provider shall not have been replaced in accordance with Section 3.06(e3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after such 25th day (but prior to such the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.06(d3.6(d) of the Intercreditor Agreement.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Us Airways Inc), Revolving Credit Agreement (Us Airways Inc)
Extension of the Expiry Date; Non-Extension Advance. At any time during the period no later than the 25th day and no earlier than the 60th day prior to the then-effective Expiry Date, the Borrower may provide notice to the Liquidity Provider and the Liquidity Provider may provide notice to the Borrower of the then-effective Expiry Date. If the Expiry Date is prior to the date that is 15 days after the Final Legal Distribution Date for the Class C B Certificates, by written agreement between the Borrower and the Liquidity Provider, entered into at any time prior to the 25th day prior to the then-effective Expiry Date, the then-effective Expiry Date may be extended, effective on such 25th day, to the earlier of (i) the date that is 15 days after the Final Legal Distribution Date for the Class C B Certificates and (ii) the date that is the last day of the 364 day period immediately following such then-effective Expiry Date (unless in either case the obligations of the Liquidity Provider are earlier terminated in accordance with the terms hereof). If the Borrower and the Liquidity Provider do not so agree to extend the then-effective Expiry Date prior to such 25th day (and if the Liquidity Provider shall not have been replaced in accordance with Section 3.06(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after such 25th day (but prior to such Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.06(d) of the Intercreditor Agreement.
Appears in 2 contracts
Samples: Revolving Credit Agreement (American Airlines Inc), Revolving Credit Agreement (American Airlines Inc)
Extension of the Expiry Date; Non-Extension Advance. At any time during the period no later than the 25th day and no earlier than the 60th day prior to the then-effective Expiry Date, the Borrower may provide notice to the Liquidity Provider and the Liquidity Provider may provide notice to the Borrower of the then-effective Expiry Date. If the Expiry Date is prior to the date that is 15 days after the Final Legal Distribution Date for the Class C A-1 Certificates, by written agreement between the Borrower and the Liquidity Provider, entered into at any time prior to the 25th day prior to the then-effective Expiry Date, the then-effective Expiry Date may be extended, effective on such 25th day, to the earlier of (i) the date that is 15 days after the Final Legal Distribution Date for the Class C A-1 Certificates and (ii) the date that is the last day of the 364 day period immediately following such then-effective Expiry Date (unless in either case the obligations of the Liquidity Provider are earlier terminated in accordance with the terms hereof). If the Borrower and the Liquidity Provider do not so agree to extend the then-effective Expiry Date prior to such 25th day (and if the Liquidity Provider shall not have been replaced in accordance with Section 3.06(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after such 25th day (but prior to such Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.06(d) of the Intercreditor Agreement.
Appears in 2 contracts
Samples: Revolving Credit Agreement (American Airlines Inc), Revolving Credit Agreement (American Airlines Inc)
Extension of the Expiry Date; Non-Extension Advance. At any time during the period no later than the 25th day and no earlier than the 60th day prior to the then-effective Expiry Date, the Borrower may provide notice to the Liquidity Provider and the Liquidity Provider may provide notice to the Borrower of the then-effective Expiry Date. If the Expiry Date is prior to the date that is 15 days after the Final Legal Distribution Date for the Class C A-2 Certificates, by written agreement between the Borrower and the Liquidity Provider, entered into at any time prior to the 25th day prior to the then-effective Expiry Date, the then-effective Expiry Date may be extended, effective on such 25th day, to the earlier of (i) the date that is 15 days after the Final Legal Distribution Date for the Class C A-2 Certificates and (ii) the date that is the last day of the 364 day period immediately following such then-effective Expiry Date (unless in either case the obligations of the Liquidity Provider are earlier terminated in accordance with the terms hereof). If the Borrower and the Liquidity Provider do not so agree to extend the then-effective Expiry Date prior to such 25th day (and if the Liquidity Provider shall not have been replaced in accordance with Section 3.06(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after such 25th day (but prior to such Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.06(d) of the Intercreditor Agreement.
Appears in 2 contracts
Samples: Revolving Credit Agreement (American Airlines Inc), Revolving Credit Agreement (American Airlines Inc)
Extension of the Expiry Date; Non-Extension Advance. At any time during the period no later than the 25th day and no No earlier than the 60th day and no later than the 40th day prior to the then-then effective Expiry Date, the Borrower may provide notice to the Liquidity Provider and the Liquidity Provider may provide notice to the Borrower of the then-effective Expiry Date. If the Date (unless such Expiry Date is prior to on or after the date that is 15 days after the Final Legal Distribution Date for the Class C A Certificates), by written agreement between the Borrower and shall request that the Liquidity Provider, entered into at any time prior to Provider extend the 25th day prior to the then-effective Expiry Date, the then-effective Expiry Date may be extended, effective on such 25th day, to the earlier for a period of (i) the date that is 15 364 days after the Final Legal Distribution Date for the Class C Certificates and (ii) the date that is the last day of the 364 day period immediately following such then-then effective Expiry Date (unless in either case the obligations of the Liquidity Provider are earlier terminated in accordance with the terms hereof). The Liquidity Provider shall advise the Borrower, no earlier than 40 days and no later than 25 days prior to the then effective Expiry Date, whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Borrower and the Liquidity Provider do not so agree advises the Borrower on or before the 25th day prior to extend the then-effective Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the 25th day prior to the Expiry Date then in effect that such 25th day Expiry Date shall be so extended (and and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.06(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after such 25th day (but prior to such Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.06(d) of the Intercreditor Agreement.with
Appears in 1 contract
Extension of the Expiry Date; Non-Extension Advance. At any time during the period no later than the 25th day and no No earlier than the 60th day and no later than the 40th day prior to the then-then effective Expiry Date, the Borrower may provide notice to the Liquidity Provider and the Liquidity Provider may provide notice to the Borrower of the then-effective Expiry Date. If the Date (unless such Expiry Date is prior to on or after the date that is 15 days after the Final Legal Distribution Date for the Class C B Certificates), by written agreement between the Borrower and shall request that the Liquidity Provider, entered into at any time prior to Provider extend the 25th day prior to the then-effective Expiry Date, the then-effective Expiry Date may be extended, effective on such 25th day, to the earlier for a period of (i) the date that is 15 364 days after the Final Legal Distribution Date for the Class C Certificates and (ii) the date that is the last day of the 364 day period immediately following such then-then effective Expiry Date (unless in either case the obligations of the Liquidity Provider are earlier terminated in accordance with the terms hereof). If The Liquidity Provider may advise the Borrower Borrower, no earlier than 40 days and no later than 25 days prior to the then effective Expiry Date that it agrees to so extend the Expiry Date but in any event, without the necessity of any action on the part of the Liquidity Provider do not so agree to extend the then-effective Expiry Date shall automatically be so extended, unless the Liquidity Provider advises the Borrower on or before the 25th day prior to the Expiry Date then in effect that such 25th day Expiry Date shall not be so extended in which event (and if the Liquidity Provider shall not have been replaced in accordance with Section 3.06(e3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after such 25th day (but prior to such the then effective Expiry Date) to request a Non-Non- Extension Advance in accordance with Section 2.02(b) hereof and Section 3.06(d3.6(d) of the Intercreditor Agreement.
Appears in 1 contract
Extension of the Expiry Date; Non-Extension Advance. At any time during the period no later than the 25th day and no No earlier than the 60th day and no later than the 40th day prior to the then-then effective Expiry Date, the Borrower may provide notice to the Liquidity Provider and the Liquidity Provider may provide notice to the Borrower of the then-effective Expiry Date. If the Date (unless such Expiry Date is prior to on or after the date that is 15 days after the Final Legal Distribution Date for the Class C A Certificates), by written agreement between the Borrower and shall request that the Liquidity Provider, entered into at any time prior to Provider extend the 25th day prior to the then-effective Expiry Date, the then-effective Expiry Date may be extended, effective on such 25th day, to the earlier for a period of (i) the date that is 15 364 days after the Final Legal Distribution Date for the Class C Certificates and (ii) the date that is the last day of the 364 day period immediately following such then-then effective Expiry Date (unless in either case the obligations of the Liquidity Provider are earlier terminated in accordance with the terms hereof). The Liquidity Provider shall advise the Borrower, no earlier than 40 days and no later than 25 days prior to the then effective Expiry Date, whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Borrower and the Liquidity Provider do not so agree advises the Borrower on or before the 25th day prior to extend the then-effective Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the 25th day prior to the Expiry Date then in effect that such 25th day Expiry Date shall be so extended (and and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.06(e3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after such 25th day (but prior to such the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.06(d3.6(d) of the Intercreditor Agreement.. 16 12
Appears in 1 contract
Samples: Revolving Credit Agreement (America West Airlines Inc)
Extension of the Expiry Date; Non-Extension Advance. At any time during the period no later than the 25th day and no No earlier than the 60th day and no later than the 40th day prior to the then-then effective Expiry Date, the Borrower may provide notice to the Liquidity Provider and the Liquidity Provider may provide notice to the Borrower of the then-effective Expiry Date. If the Date (unless such Expiry Date is prior to on or after the date that is 15 days after the Final Legal Distribution Date for the Class C Certificates), by written agreement between the Borrower and shall request that the Liquidity Provider, entered into at any time prior to Provider extend the 25th day prior to the then-effective Expiry Date, the then-effective Expiry Date may be extended, effective on such 25th day, to the earlier for a period of (i) the date that is 15 364 days after the Final Legal Distribution Date for the Class C Certificates and (ii) the date that is the last day of the 364 day period immediately following such then-then effective Expiry Date (unless in either case the obligations of the Liquidity Provider are earlier terminated in accordance with the terms hereof). The Liquidity Provider shall advise the Borrower, no earlier than 40 days and no later than 25 days prior to the then effective Expiry Date, whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Borrower and the Liquidity Provider do not so agree advises the Borrower on or before the 25th day prior to extend the then-effective Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the 25th day prior to the Expiry Date then in effect that such 25th day Expiry Date shall be so extended (and and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.06(e3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after such 25th day (but prior to such the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.06(d3.6(d) of the Intercreditor Agreement.. 16 12
Appears in 1 contract
Samples: Revolving Credit Agreement (America West Airlines Inc)
Extension of the Expiry Date; Non-Extension Advance. At any time during the period no later than the 25th day and no No earlier than the 60th day and no later than the 40th day prior to the then-then effective Expiry Date, the Borrower may provide notice to the Liquidity Provider and the Liquidity Provider may provide notice to the Borrower of the then-effective Expiry Date. If the Date (unless such Expiry Date is prior to on or after the date that is 15 days after the Final Legal Distribution Maturity Date for the Class C Certificates), by written agreement between the Borrower and shall request that the Liquidity Provider, entered into at any time prior to Provider extend the 25th day prior to the then-effective Expiry Date, the then-effective Expiry Date may be extended, effective on such 25th day, to the earlier for a period of (i) the date that is 15 364 days after the Final Legal Distribution Date for the Class C Certificates and (ii) the date that is the last day of the 364 day period immediately following such then-then effective Expiry Date (unless in either case the obligations of the Liquidity Provider are earlier terminated in accordance with the terms hereof). The Liquidity Provider shall advise the Borrower, no earlier than 40 days and no later then 25 days prior to the then effective Expiry Date, whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Borrower and the Liquidity Provider do not so agree advises the Borrower on or before the 25th day prior to extend the then-effective Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the 25th day prior to the Expiry Date then in effect that such 25th day Expiry Date shall be so extended (and and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.06(e3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after such 25th day (but prior to such the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b2.2(d) hereof and Section 3.06(d3.6(d) of the Intercreditor Agreement.
Appears in 1 contract
Samples: Irrevocable Revolving Credit Agreement (Midway Airlines Corp)
Extension of the Expiry Date; Non-Extension Advance. At any time during the period no later than the 25th day and no No earlier than the 60th day and no later than the 40th day prior to the then-then effective Expiry Date, the Borrower may provide notice to the Liquidity Provider and the Liquidity Provider may provide notice to the Borrower of the then-effective Expiry Date. If the Date (unless such Expiry Date is prior to on or after the date that is 15 days after the Final Legal Distribution Date for the Class C B Certificates), by written agreement between the Borrower and shall request that the Liquidity Provider, entered into at any time prior to Provider extend the 25th day prior to the then-effective Expiry Date, the then-effective Expiry Date may be extended, effective on such 25th day, to the earlier for a period of (i) the date that is 15 364 days after the Final Legal Distribution Date for the Class C Certificates and (ii) the date that is the last day of the 364 day period immediately following such then-then effective Expiry Date (unless in either case the obligations of the Liquidity Provider are earlier terminated in accordance with the terms hereof). The Liquidity Provider shall advise the Borrower, no earlier than 40 days and no later than 25 days prior to the then effective Expiry Date, whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Borrower and the Liquidity Provider do not so agree advises the Borrower on or before the 25th day prior to extend the then-effective Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the 25th day prior to the Expiry Date then in effect that such 25th day Expiry Date shall be so extended (and and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.06(e3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after such 25th day (but prior to such the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.06(d3.6(d) of the Intercreditor Agreement.. 16 12
Appears in 1 contract
Samples: Revolving Credit Agreement (America West Airlines Inc)
Extension of the Expiry Date; Non-Extension Advance. At any time during the period no later than the 25th day and no earlier than the 60th day prior Each Expiry Date shall, subject to the then-effective Expiry Datefollowing provisions of this Section 2.10, the Borrower may provide notice be automatically extended without any further act to the Liquidity Provider and the Liquidity Provider may provide notice to the Borrower earlier of the then-effective Expiry Date. If the Expiry Date is prior to (i) the date that which is 15 days after the Final Legal Distribution Date for the Class C Certificates, by written agreement between the Borrower and the Liquidity Provider, entered into at any time prior to the 25th day prior to the then-effective Expiry Date, the then-effective Expiry Date may be extended, effective on such 25th day, to the earlier of (i) the date that is 15 days after the Final Legal Distribution Date for the Class C B Certificates and (ii) the date that is the day immediately preceding the 364th day occurring after the last day of the 364 day Termination Period (as hereinafter defined). The Liquidity Provider may, by a notice (a “Termination Notice”) to the Borrower, given during the period immediately following such then-effective commencing on the date that is 60 days prior to the Expiry Date then in effect and ending on the date that is 25 days prior to the Expiry Date then in effect for such Liquidity Facility (unless in either case such period, with respect to such Liquidity Facility, the obligations of “Termination Period”), determine that the Expiry Date shall not be so extended, which determination may be made or withheld by the Liquidity Provider are earlier terminated in accordance with the terms hereof)its absolute and sole discretion. If the Borrower and the Liquidity Provider do not so agree to extend advises the then-effective Borrower that the applicable Expiry Date prior to such 25th day shall not be so extended (and if the Liquidity Provider shall not have been replaced in accordance with Section 3.06(e3.5(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after such 25th day the date on which the Termination Period ends (but prior to such the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.06(d3.5(d) of the Intercreditor Agreement.
Appears in 1 contract
Samples: Revolving Credit Agreement (Northwest Airlines Corp)
Extension of the Expiry Date; Non-Extension Advance. At any time during the period no later than the 25th day and no No earlier than the 60th day and no later than the 40th day prior to the then-then effective Expiry Date, the Borrower may provide notice to the Liquidity Provider and the Liquidity Provider may provide notice to the Borrower of the then-effective Expiry Date. If the Date (unless such Expiry Date is prior to on or after the date that is 15 days after the Final Legal Distribution Maturity Date for the Class C B Certificates), by written agreement between the Borrower and shall request that the Liquidity Provider, entered into at any time prior to Provider extend the 25th day prior to the then-effective Expiry Date, the then-effective Expiry Date may be extended, effective on such 25th day, to the earlier for a period of (i) the date that is 15 364 days after the Final Legal Distribution Date for the Class C Certificates and (ii) the date that is the last day of the 364 day period immediately following such then-then effective Expiry Date (unless in either case the obligations of the Liquidity Provider are earlier terminated in accordance with the terms hereof). The Liquidity Provider shall advise the Borrower, no earlier than 40 days and no later than 25 days prior to the then effective Expiry Date, whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Borrower and the Liquidity Provider do not so agree advises the Borrower on or before the 25th day prior to extend the then-effective Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the 25th day prior to the Expiry Date then in effect that such 25th day Expiry Date shall be so extended (and and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.06(e3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after such 25th day (but prior to such the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.06(d3.6(d) of the Intercreditor Agreement.
Appears in 1 contract
Samples: Revolving Credit Agreement (Continental Airlines Inc /De/)
Extension of the Expiry Date; Non-Extension Advance. At any time during the period no later than the 25th day and no No earlier than the 60th day and no later than the 40th day prior to the then-then effective Expiry Date, the Borrower may provide notice to the Liquidity Provider and the Liquidity Provider may provide notice to the Borrower of the then-effective Expiry Date. If the Date (unless such Expiry Date is prior to on or after the date that is 15 days after the Final Legal Distribution Date for the Class C B Certificates), by written agreement between the Borrower and shall request that the Liquidity Provider, entered into at any time prior to Provider extend the 25th day prior to the then-effective Expiry Date, the then-effective Expiry Date may be extended, effective on such 25th day, to the earlier for a period of (i) the date that is 15 364 days after the Final Legal Distribution Date for the Class C Certificates and (ii) the date that is the last day of the 364 day period immediately following such then-then effective Expiry Date (unless in either case the obligations of the Liquidity Provider are earlier terminated in accordance with the terms hereof). The Liquidity Provider shall advise the Borrower, no earlier than 40 days and no later than 25 days prior to the then effective Expiry Date, whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Borrower and the Liquidity Provider do not so agree advises the Borrower on or before the 25th day prior to extend the then-effective Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the 25th day prior to the Expiry Date then in effect that such 25th day Expiry Date shall be so extended (and and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.06(e3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after such 25th day (but prior to such the then effective Expiry Date) to request a Non-Non- Extension Advance in accordance with Section 2.02(b) hereof and Section 3.06(d3.6(d) of the Intercreditor Agreement.
Appears in 1 contract
Extension of the Expiry Date; Non-Extension Advance. At any time during the period no later than the 25th day and no earlier than the 60th day prior to the then-effective Expiry Date, the Borrower may provide notice to the Primary Liquidity Provider and the Primary Liquidity Provider may provide notice to the Borrower of the then-effective Expiry Date. If the Expiry Date is prior to the date that is 15 days after the Final Legal Distribution Date for the Class C G Certificates, by written agreement between the Borrower and the Primary Liquidity Provider, entered into at any time prior to the 25th day prior to the then-effective Expiry Date, the then-effective Expiry Date may be extended, effective on such 25th day, to the earlier of (i) the date that is 15 days after the Final Legal Distribution Date for the Class C G Certificates and (ii) the date that is the last day of the 364 day period immediately following such then-effective Expiry Date (unless in either case the obligations of the Primary Liquidity Provider are earlier terminated in accordance with the terms hereof). If the Borrower and the Primary Liquidity Provider do not so agree to extend the then-effective Expiry Date prior to such 25th day (and if the Primary Liquidity Provider shall not have been replaced in accordance with Section 3.06(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after such 25th day (but prior to such Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.06(d) of the Intercreditor Agreement.
Appears in 1 contract
Extension of the Expiry Date; Non-Extension Advance. At any time during the period no later than the 25th day and no No earlier than the 60th day and no later than the 40th day prior to the then-then effective Expiry Date, the Borrower may provide notice to the Liquidity Provider and the Liquidity Provider may provide notice to the Borrower of the then-effective Expiry Date. If the Date (unless such Expiry Date is prior to on or after the date that is 15 days after the Final Legal Distribution Maturity Date for the Class C A Certificates), by written agreement between the Borrower and shall request that the Liquidity Provider, entered into at any time prior to Provider extend the 25th day prior to the then-effective Expiry Date, the then-effective Expiry Date may be extended, effective on such 25th day, to the earlier for a period of (i) the date that is 15 364 days after the Final Legal Distribution Date for the Class C Certificates and (ii) the date that is the last day of the 364 day period immediately following such then-then effective Expiry Date (unless in either case Date(unless the obligations of the Liquidity Provider are earlier terminated in accordance with the terms hereof). The Liquidity Provider shall advise the Borrower, no earlier than 40 days and no later then 25 days prior to the then effective Expiry Date, whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Borrower and the Liquidity Provider do not so agree advises the Borrower on or before the 25th day prior to extend the then-effective Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the 25th day prior to the Expiry Date then in effect that such 25th day Expiry Date shall be so extended (and and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.06(e3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after such 25th day (but prior to such the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b2.2(d) hereof and Section 3.06(d3.6(d) of the Intercreditor Agreement.
Appears in 1 contract
Samples: Irrevocable Revolving Credit Agreement (Midway Airlines Corp)
Extension of the Expiry Date; Non-Extension Advance. At any time during the period no later than the 25th day and no No earlier than the 60th day and no later than the 40th day prior to the then-then effective Expiry Date, the Borrower may provide notice to the Liquidity Provider and the Liquidity Provider may provide notice to the Borrower of the then-effective Expiry Date. If the Date (unless such Expiry Date is prior to on or after the date that is 15 days after the Final Legal Distribution Maturity Date for the Class C B Certificates), by written agreement between the Borrower and shall request that the Liquidity Provider, entered into at any time prior to Provider extend the 25th day prior to the then-effective Expiry Date, the then-effective Expiry Date may be extended, effective on such 25th day, to the earlier for a period of (i) the date that is 15 364 days after the Final Legal Distribution Date for the Class C Certificates and (ii) the date that is the last day of the 364 day period immediately following such then-then effective Expiry Date (unless in either case Date(unless the obligations of the Liquidity Provider are earlier terminated in accordance with the terms hereof). The Liquidity Provider shall advise the Borrower, no earlier than 40 days and no later then 25 days prior to the then effective Expiry Date, whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Borrower and the Liquidity Provider do not so agree advises the Borrower on or before the 25th day prior to extend the then-effective Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the 25th day prior to the Expiry Date then in effect that such 25th day Expiry Date shall be so extended (and and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.06(e3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after such 25th day (but prior to such the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b2.2(d) hereof and Section 3.06(d3.6(d) of the Intercreditor Agreement.
Appears in 1 contract
Samples: Irrevocable Revolving Credit Agreement (Midway Airlines Corp)