We use cookies on our site to analyze traffic, enhance your experience, and provide you with tailored content.

For more information visit our privacy policy.

Common use of Final Policy Drawing Clause in Contracts

Final Policy Drawing. If on the Final Legal Distribution Date of the Class G Certificates after giving effect to the subordination provisions of this Agreement and the application of available funds in accordance with the priorities specified in Section 2.04 and Article III, and taking into account the application of any Drawing paid under the Primary Liquidity Facility in respect of interest included in the Final Distribution and any withdrawal of funds in the Primary Cash Collateral Account and Above-Cap Account in respect of interest included in the Final Distribution, the Subordination Agent does not then have sufficient funds available on such date for the payment in full of the Final Distribution (calculated as at such date but excluding any accrued and unpaid Additional Payment) on the Class G Certificates then, prior to 1:00 p.m. (New York City time) on such date, the Subordination Agent shall: (i) deliver a Notice of Nonpayment, as provided in the Policy, to the Policy Provider or its fiscal agent, requesting a Policy Drawing under the Policy (for payment into the Policy Account) in an amount equal to the minimum amount sufficient to enable the Subordination Agent to pay the Final Distribution (calculated as at such date but excluding any accrued and unpaid Additional Payment) on the Class G Certificates, and (ii) upon receipt shall pay such amount from the Policy Account to the Class G Trustee in payment of such amount on such date.

Appears in 1 contract

Samples: Intercreditor Agreement (Delta Air Lines Inc /De/)

Final Policy Drawing. If on the Final Legal Distribution Date of the Class G Certificates after giving effect to the subordination provisions of this Agreement and the application of available funds in accordance with the priorities specified in Section 2.04 and Article III, and taking into account the application of any Drawing paid under the Primary Class G Liquidity Facility in respect of interest included in the Final Distribution and any withdrawal of funds in the Primary Class G Cash Collateral Account and Above-Cap Account in respect of interest included in the Final Distribution, the Subordination Agent does not then have sufficient funds available on such date for the payment in full of the Final Distribution (calculated as at of such date but excluding any accrued and unpaid Additional PaymentMake-Whole Amount) on the Class G Certificates then, prior to 1:00 p.m. (New York City time) on such date, the Subordination Agent shall: (i) deliver a Notice of Nonpayment, as provided in the Policy, to the Policy Provider or its fiscal agent, requesting a Policy Drawing under the Policy (for payment into the Policy Account) in an amount equal to the minimum amount sufficient to enable the Subordination Agent to pay the Final Distribution (calculated as at of such date but excluding any accrued and unpaid Additional PaymentMake-Whole Amount) on the Class G Certificates, and (ii) upon receipt shall of funds, pay such amount from the Policy Account to the Class G Trustee in payment of such amount on such date.

Appears in 1 contract

Samples: Intercreditor Agreement (American Airlines Inc)

Final Policy Drawing. If on the Final Legal Distribution Date of the Class G Certificates after giving effect to the subordination provisions of this Agreement and the application of available funds in accordance with the priorities specified in Section 2.04 2.4 and Article III, and taking into account the application of any amounts received by the Escrow Agent in the Class G Paying Agent Account in respect of accrued interest on the Class G Deposits, any Drawing paid under the Primary Class G Liquidity Facility in respect of interest included in the Final Distribution and any withdrawal of funds in the Primary Class G Cash Collateral Account and Above-Cap Account in respect of interest included in the Final Distribution, the Subordination Agent does not then have sufficient funds available on such date for the payment in full of the Final Distribution (calculated as at such date but excluding any accrued and unpaid Additional Paymentpremium) on the Class G Certificates then, prior to 1:00 p.m. (New York City time) on such date, date the Subordination Agent shall: (i) deliver a Notice of Nonpayment, as provided in the Policy, to the Policy Provider or its fiscal agent, requesting a Policy Drawing under the Policy (for payment into the Policy Account) in an amount equal to the minimum amount sufficient to enable the Subordination Agent to pay the Final Distribution (calculated as at such date but excluding any accrued and unpaid Additional Paymentpremium) on the Class G Certificates, and (ii) upon receipt shall pay such amount from the Policy Account to the Class G Trustee in payment of such amount on such date.

Appears in 1 contract

Samples: Intercreditor Agreement (Northwest Airlines Inc /Mn)

Final Policy Drawing. If on the Final Legal Distribution Date of the Class G Certificates after giving effect to the subordination provisions of this Agreement and the application of available funds in accordance with the priorities specified in Section 2.04 and Article III, and taking into account the application of any Drawing paid under the Class G Primary Liquidity Facility in respect of interest included in the Final Distribution and any withdrawal of funds in the Class G Primary Cash Collateral Account and the Class G Above-Cap Account in respect of interest included in the Final Distribution, the Subordination Agent does not then have sufficient funds available on such date for the payment in full of the Final Distribution (calculated as at of such date but excluding any accrued and unpaid Additional PaymentBreak Amount or Prepayment Premium) on the Class G Certificates then, prior to 1:00 p.m. (New York City time) on such date, the Subordination Agent shall: (i) deliver a Notice of Nonpayment, as provided in the Policy, to the Policy Provider or its fiscal agent, requesting a Policy Drawing under the Policy (for payment into the Policy Account) in an amount equal to the minimum amount sufficient to enable the Subordination Agent to pay the Final Distribution (calculated as at of such date but excluding any accrued and unpaid Additional PaymentBreak Amount or Prepayment Premium) on the Class G Certificates, and (ii) upon receipt shall pay such amount amount, when received, from the Policy Account to the Class G Trustee in payment of such amount on such date.

Appears in 1 contract

Samples: Intercreditor Agreement (American Airlines Inc)

Final Policy Drawing. If on the Final Legal Distribution Date of the Class G Certificates after giving effect to the subordination provisions of this Agreement and to the application of available funds any amounts received by the Escrow Agent in accordance with the priorities specified Class G Paying Agent Account in Section 2.04 and Article IIIrespect of accrued interest on the Class G Deposits, and taking into account the application of any Drawing paid under the Primary Class G Liquidity Facility in respect of interest included in the Final Distribution Distributions and any withdrawal of funds in the Primary Class G Cash Collateral Account and Above-Cap Account in respect of interest included in the Final DistributionDistributions, the Subordination Agent does not then have sufficient funds available on such date for the payment in full of the Final Distribution Distributions (calculated as at such date but excluding any accrued and unpaid Additional Paymentpremium) on the Class G Certificates then, prior to 1:00 p.m. (New York City time) on such date, date the Subordination Agent shall: (i) deliver a Notice of Nonpaymentfor Payment, as provided in the Policy, to the Policy Provider or its fiscal agent, requesting a Policy Drawing under the Policy (for payment into the Policy Account) in an amount equal to the minimum amount sufficient to enable the Subordination Agent to pay the Final Distribution Distributions (calculated as at such date but excluding any accrued and unpaid Additional Paymentpremium) on the Class G Certificates, and (ii) upon receipt shall pay such amount from the Policy Account to the Class G Trustee in payment of such amount on such date.

Appears in 1 contract

Samples: Intercreditor Agreement (America West Airlines Inc)

Final Policy Drawing. If on the Final Legal Distribution Date of the Class G Certificates after giving effect to the subordination provisions of this Agreement and the application of available funds in accordance with the priorities specified in Section 2.04 and Article III, and taking into account the application of any Drawing paid under the Primary Class G Liquidity Facility in respect of interest included in the Final Distribution and any withdrawal of funds in the Primary Class G Cash Collateral Account and Above-Cap Account in respect of interest included in the Final Distribution, the Subordination Agent does not then have sufficient funds available on such date for the payment in full of the Final Distribution (calculated as at such date but excluding any accrued and unpaid Additional Paymentpremium) on the Class G Certificates then, prior to 1:00 p.m. (New York City time) on such date, the Subordination Agent shall: (i) deliver a Notice of Nonpayment, as provided in the Policy, to the Policy Provider or its fiscal agent, requesting a Policy Drawing under the Policy (for payment into the Policy Account) in an amount equal to the minimum amount sufficient to enable the Subordination Agent to pay the Final Distribution (calculated as at such date but excluding any accrued and unpaid Additional Paymentpremium) on the Class G Certificates, and (ii) upon receipt shall pay such amount from the Policy Account to the Class G Trustee in payment of such amount on such date.

Appears in 1 contract

Samples: Intercreditor Agreement (Delta Air Lines Inc /De/)