Independence Priority Claims Trust Account. Cash in the Independence Priority Claims Trust Account will be used by the Distribution Trustee only to (i) satisfy the Allowed amounts of Administrative Claims, Priority Tax Claims, Priority Claims and Secured Claims against the Estates of the Debtors other than FLYi in accordance with the terms of the Plan, and (ii) pay Taxes owing in respect of any amounts included in the Independence Priority Claims Trust Account in accordance with Section 10.4.
Independence Priority Claims Trust Account. If, at any time after the initial funding of the Independence Priority Claims Trust Account pursuant to Section 3.3.1, the Distribution Trustee determines, in its Permitted Discretion, that the Cash balance of the Independence Priority Claims Trust Account is insufficient to make all payments payable therefrom in accordance with the terms of the Plan and this Agreement, the Distribution Trustee will transfer from the Independence Unsecured Claims Trust Account (to the extent Cash remains available therein) to the Independence Priority Claims Trust Account Cash in an amount determined by the Distribution Trustee, in its Permitted Discretion, to be necessary to ensure that the Cash balance of the Independence Priority Claims Trust Account will be sufficient to make all such payments. To the fullest extent possible, any transfer pursuant to this Section 3.3.3 will be accomplished in a manner intended to avoid or minimize any adverse impact on the ability to make distributions of the Allowed amounts of General Unsecured Claims against the Estates of the Debtors other than FLYi in accordance with the terms of the Plan.
Independence Priority Claims Trust Account. If, at any time after the initial funding of the Independence Priority Claims Trust Account pursuant to Section 3.3.1, the Distribution Trustee determines that the Cash balance of the Independence Priority Claims Trust Account is in excess of the amount that will be sufficient to make all payments payable therefrom in accordance with the terms of the Plan and this Agreement, the Distribution Trustee, in its Permitted Discretion, may transfer such excess Cash to the Independence Unsecured Claims Trust Account.
Independence Priority Claims Trust Account. On the Effective Date, in connection with the initial funding of the Independence Priority Claims Trust Account pursuant to Section 3.3.1, the Distribution Trustee will designate a portion of such initial funding as Independence Disputed Claims Reserves in an amount sufficient to pay each holder of a Disputed Administrative Claim, Disputed Priority Tax Claim, Disputed Priority Claim and Disputed Secured Claim against the Estates of the Debtors other than FLYi the amount such holder would be entitled to receive if such Disputed Claim were an Allowed Claim in its Face Amount. To the extent any such Disputed Claims are not subsequently Allowed, the Distribution Trustee may transfer excess Cash from the Independence Disputed Claims Reserves to the Independence Unsecured Claims Trust Account to satisfy Claims against the Estates of the Debtors other than FLYi that are Allowed in accordance with the terms of the Plan. In connection with any subsequent transfers of Cash to the Independence Priority Claims Trust Account pursuant to Section 3.3.3 or 5.2.2(b), the Distribution Trustee will, in its Permitted Discretion, designate amounts so transferred, to the extent they are not identified as Pending Payments, as Independence Disputed Claims Reserves to be retained in such Trust Account to satisfy any Disputed Administrative Claims, Disputed Priority Tax Claims, Disputed Priority Claims or Disputed Secured Claims in accordance with the Plan, if, as and when they are Allowed or, to the extent such Disputed Claims are not Allowed, the Distribution Trustee may transfer excess Cash from the Independence Disputed Claims Reserves to the Independence Unsecured Claims Trust Account to satisfy Claims against the Estates of the Debtors other than FLYi that are Allowed in accordance with the terms of the Plan.
