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 distribution of available funds in accordance with the subordination provisions of this Agreement and to the application of Prior Funds, the Subordination Agent does not then have sufficient funds available on such date for the payment in full of the Final Distributions (calculated as of such date but excluding any accrued and unpaid Additional Payments or other premium) on the Class G Certificates then the Subordination Agent shall (i) prior to 1:00 p.m. (New York City time) on such date deliver a Notice for 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 Distributions (calculated as of such date but excluding any accrued and unpaid premium) on the Class G Certificates, and (ii) upon receipt pay such amount from the Policy Account to the Class G Trustee in payment of such amount on such date. If on the Final Withdrawal Date (as defined in the Escrow and Paying Agent Agreement for the Class G Certificates) the full amount of the Class G Deposits has not been used to purchase the Class G Equipment Notes and there is a shortfall in the amount available to the Paying Agent for the payment in full of the unpaid principal amount of the Class G Escrow Receipts 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 amount of such shortfall and (ii) shall pay such amount from the Policy Account to the Paying Agent for the Class G Trust in payment of such amount on such date.

Appears in 2 contracts

Samples: Intercreditor Agreement (Jetblue Airways Corp), Intercreditor Agreement (Jetblue Airways Corp)

AutoNDA by SimpleDocs

Final Policy Drawing. If on the Final Legal Distribution Date of the Class G Certificates after giving effect to the distribution application of available funds in accordance with the subordination provisions of this Agreement priorities specified in Section 2.4 and to Article III, and taking into account the application of Prior Fundsany 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 Class G Liquidity Facility in respect of interest included in the Final Distribution and any withdrawal of funds in the Class G Cash Collateral 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 Distributions Distribution (calculated as of at such date but excluding any accrued and unpaid Additional Payments or other premium) on the Class G Certificates then the Subordination Agent shall (i) then, prior to 1:00 p.m. (New York City time) on such date the Subordination Agent shall: (i) deliver a Notice for Paymentof 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 Distributions Distribution (calculated as of at such date but excluding any accrued and unpaid premium) 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. If on the Final Withdrawal Date (as defined in the Escrow and Paying Agent Agreement for the Class G CertificatesTrust) the full amount of the Class G Deposits Deposit has not been used to purchase the Class G Equipment Notes and there is a shortfall in the amount available to the Paying Agent for the payment in full of the unpaid principal amount of the Class G Escrow Receipts 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 amount of such shortfall and (ii) shall pay such amount from the Policy Account to the Paying Agent for the Class G Trust in payment of such amount on such date.

Appears in 2 contracts

Samples: Intercreditor Agreement (Northwest Airlines Corp), Intercreditor Agreement (Northwest Airlines Inc /Mn)

AutoNDA by SimpleDocs

Final Policy Drawing. If on the Final Legal Distribution Date of the Class G Certificates after giving effect to the distribution application of available funds in accordance with the subordination provisions of this Agreement priorities specified in Section 2.4 and to Article III, and taking into account the application of Prior Fundsany 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 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, in the case of the Class G-1 Certificates, the Class G-1 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 Distributions Distribution (calculated as of at such date but excluding any accrued and unpaid Additional Payments Make-Whole Premium or other premiumBreak Amount) on the Class G Certificates then the Subordination Agent shall (i) then, prior to 1:00 p.m. (New York City time) on such date date, the Subordination Agent shall: (i) deliver a Notice for Paymentof 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 Distributions Distribution (calculated as of at such date but excluding any accrued and unpaid premium) 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. If on the Final Withdrawal Date (as defined in the Escrow and Paying Agent Agreement for the Class G Certificates) the full amount of the Class G Deposits has not been used to purchase the Class G Equipment Notes and there is a shortfall in the amount available to the Paying Agent for the payment in full of the unpaid principal amount of the Class G Escrow Receipts 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 amount of such shortfall and (ii) shall pay such amount from the Policy Account to the Paying Agent for the Class G Trust in payment of such amount on such date.

Appears in 1 contract

Samples: Intercreditor Agreement (Northwest Airlines Inc /Mn)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!