INITIAL ISSUANCE AND INCREASES AND DECREASES OF PRINCIPAL AMOUNT OF SERIES. 2008-1 NOTES Section 2.1. Initial Issuance; Procedure for Increasing the Series 0000-0 Xxxxxxxxx Xxxxxx. (a) Subject to satisfaction of the conditions precedent set forth in subsection (b) of this Section 2.1 (in the case of subsections (b)(i), (b)(ii), (b)(iii), (b)(iv), (b)(v), (b)(vi), (b)(vii), (b)(viii) and (b)(x) of this Section 2.1, as evidenced by an Advance Request delivered to the Trustee as to which the Trustee may rely) (i) on the Series 2008-1 Closing Date, HVF may issue Series 2008-1 Notes in the aggregate initial principal amount equal to the Series 2008-1 Initial Principal Amount, (ii) on any Business Day during the Series 2008-1 Revolving Period, issue Additional Series 2008-1 Notes in an aggregate initial principal amount equal to the Additional Investor Group Initial Principal Amount with respect to the related Additional Investor Group and (iii) on any Business Day during the Series 2008-1 Revolving Period, HVF may, in accordance with the Series 2008-1 Note Purchase Agreement, increase the Series 2008-1 Principal Amount (such increase referred to as an “Increase”), by issuing, at par, ratable amounts of additional principal amounts of the Series 2008-1 Notes. Each Increase shall be made in accordance with the provisions of Sections 2.02 and 2.03 of the Series 2008-1 Note Purchase Agreement and shall be ratably allocated among the Series 2008-1 Notes, based on their respective portion of the Series 2008-1 Principal Amount prior to giving effect to such Increase. Proceeds from the initial issuance of the Series 2008-1 Notes and from any Increase shall be deposited into the Collection Account and allocated in accordance with Article III hereof. Upon each Increase, the Trustee shall, or shall cause the Registrar to, indicate in the Note Register such Increase. (b) The initial Series 2008-1 Notes will be issued on the Series 2008-1 Closing Date, Additional Series 2008-1 Notes will be issued on any Business Day during the Series 2008-1 Revolving Period that an Additional Investor Group becomes a party to the Series 2008-1 Note Purchase Agreement, and the Series 2008-1 Principal Amount may be increased on any Business Day during the Series 2008-1 Revolving Period (subject to the limitations set forth in Section 2.2(a) below), in each case, pursuant to subsection (a) above, only upon satisfaction of each of the following conditions with respect to such initial issuance, such additional issuance of Additional Series 2008-1 Notes and each proposed Increase: (i) other than in the case of the initial issuance of the Series 2008-1 Notes on the Closing Date, the amount of such issuance or Increase shall be equal to or greater than $2,500,000 and integral multiples of $100,000 in excess thereof; (ii) after giving effect to such issuance or Increase, (A) the Investor Group Principal Amount with respect to each Investor Group shall not exceed the Maximum Investor Group Principal Amount with respect to such Investor Group and (B) the Series 2008-1 Principal Amount shall not exceed the Series 2008-1 Maximum Principal Amount; (iii) after giving effect to such issuance or Increase and the application of the proceeds thereof, no Series 2008-1 Enhancement Deficiency, Series 2008-1 Liquidity Deficiency or Aggregate Asset Amount Deficiency shall exist; (iv) after giving effect to such issuance or Increase and the application of the proceeds thereof, the amount on deposit in the Series 2008-1 Reserve Account shall be equal to or greater than the Series 2008-1 Required Reserve Account Amount; (v) no Series 2008-1 Amortization Event has occurred and is continuing and such issuance or Increase and the application of the proceeds thereof will not result in the occurrence of (1) an Amortization Event with respect to the Series 2008-1 Notes or a Limited Liquidation Event of Default, or (2) an event or occurrence, which, with the passing of time or the giving of notice thereof, or both, would become an Amortization Event with respect to the Series 2008-1 Notes or a Limited Liquidation Event of Default; (vi) all representations and warranties set forth in Article 7 of the Base Indenture shall be true and correct with the same effect as if made on and as of such date (except to the extent such representations relate to an earlier date); (vii) all conditions precedent to the making of advances under the Series 2008-1 Note Purchase Agreement shall have been satisfied; (viii) in the case of the initial issuance of the Series 2008-1 Notes on the Closing Date, receipt by HVF of a letter from each Rating Agency confirming that the Series 2008-1 Notes have been rated with the applicable Required Rating by such Rating Agency and receipt by the Trustee and the Administrative Agent of a true and correct copy thereof; (ix) no more than three Increases shall occur during any calendar week; (x) each Rating Agency shall have received prior written notice of each issuance of Additional Series 2008-1 Notes; and (xi) in the case of any Increase, the Series 2008-1 Letter of Credit shall have been issued and remains outstanding and in full force and effect.
Appears in 1 contract
INITIAL ISSUANCE AND INCREASES AND DECREASES OF PRINCIPAL AMOUNT OF SERIES. 20081999-1 NOTES
Section 2.1. Initial Issuance; 2.1 Procedure for Increasing the Series 00001999-0 Xxxxxxxxx Xxxxxx1 Invested Amount.
(a) Subject to satisfaction of the conditions precedent set forth in subsection (b) of this Section 2.1 (in the case of subsections (b)(i), (b)(ii), (b)(iii), (b)(iv), (b)(v), (b)(vi), (b)(vii), (b)(viii) and (b)(x) of this Section 2.1, as evidenced by an Advance Request delivered to the Trustee as to which the Trustee may rely) (i) on the Series 20081999-1 Closing Date, HVF the Issuer may issue Series 20081999-1 Notes in the aggregate initial principal amount equal to the Series 20081999-1 Initial Principal Amount, Invested Amount and (ii) on any Business Day during the Series 20081999-1 Revolving Period, issue Additional Series 2008-1 Notes in an aggregate initial principal amount equal to the Additional Investor Group Initial Principal Amount with respect to the related Additional Investor Group and (iii) on any Business Day during the Series 2008-1 Revolving Period, HVF may, in accordance with the Series 2008-1 Note Purchase Agreement, Issuer may increase the Series 20081999-1 Principal Invested Amount (each such increase referred to herein as an “Increase”) in order to, upon request by a Lessee (or the Servicer, on its behalf), acquire Eligible Vehicles or refinance Eligible Vehicles then owned by the Issuer, in each case, for leasing under the Lease or to finance or refinance Eligible Receivables hereunder. The Issuer may effect an Increase, upon receipt of confirmation from ARG of the availability of funds under the ARG Indenture in an amount equal to such Increase, by issuing, at par, ratable amounts of additional principal amounts of the Series 20081999-1 Notes. Each Increase shall be made in accordance with the provisions of Sections 2.02 and 2.03 of the Series 2008-1 Note Purchase Agreement and shall be ratably allocated among the Series 2008-1 Notes, based on their respective portion of the Series 2008-1 Principal Amount prior to giving effect to such Increase. Proceeds from the initial issuance of the Series 20081999-1 Notes and from any Increase shall be deposited into the Series 1999-1 Collection Account and allocated in accordance with Article III hereof. Upon each Increase, the Trustee shall, or shall cause the Registrar to, indicate in the Note Register such Increase.
(b) The initial Series 20081999-1 Notes will be issued on the Series 20081999-1 Closing Date, Additional Series 2008-1 Notes will be issued on any Business Day during the Series 2008-1 Revolving Period that an Additional Investor Group becomes a party to the Series 2008-1 Note Purchase Agreement, Date and the Series 20081999-1 Principal Invested Amount may be increased on any Business Day during the Series 20081999-1 Revolving Period (subject to the limitations set forth in Section 2.2(a) below)Period, in each case, case pursuant to subsection (a) above, only upon satisfaction of each of the following conditions (as evidenced by an Officer’s Certificate delivered by the Issuer to the Trustee) with respect to such initial issuance, such additional issuance of Additional Series 2008-1 Notes and each proposed Increase:
(i) other than in the case of the initial issuance of the Series 2008-1 Notes on the Closing Date, the amount of such issuance or Increase shall be equal to or greater than $2,500,000 and integral multiples of $100,000 in excess thereof100,000;
(ii) after giving effect to such issuance or Increase, (A) the Investor Group Principal Amount with respect to each Investor Group shall not exceed the Maximum Investor Group Principal Amount with respect to such Investor Group and (B) the Series 20081999-1 Principal Invested Amount shall not exceed the Series 20081999-1 Maximum Principal Invested Amount;
(iii) after giving effect to such issuance or Increase and the application of the proceeds thereof, no Series 20081999-1 Enhancement Deficiency, Series 2008-1 Liquidity Deficiency or Aggregate Asset Amount Deficiency shall exist;
(iv) after giving effect to such issuance or Increase and the application of the proceeds thereof, the amount on deposit in of the Series 20081999-1 Reserve Account Demand Note shall not be equal to or greater less than the amount referred to in Section 6.4 of this Series 2008-1 Required Reserve Account Amount;Supplement at such time.
(v) no Amortization Event or Potential Amortization Event with respect to the Series 20081999-1 Amortization Notes, Liquidation Event has of Default or Series 1999-1 Limited Liquidation Event of Default with respect to the Series 1999-1 Notes shall have occurred and is continuing and or be continuing;
(vi) such issuance or Increase and the application of the proceeds thereof will shall not result in the occurrence of (1) an Amortization Event, a Liquidation Event with respect to the of Default or a Series 20081999-1 Notes or a Limited Liquidation Event of Default, or (2) an event or occurrence, which, with the passing of time or the giving of notice thereof, or both, would become an Amortization Event, a Liquidation Event with respect to the of Default or a Series 20081999-1 Notes or a Limited Liquidation Event of Default;
(vivii) such issuance or Increase and the application of the proceeds thereof shall not result in the occurrence of an ARG Amortization Event with respect to any series of ARG Notes or an event or occurrence, which, with the passing of time or the giving of notice thereof, or both, would become an ARG Amortization Event with respect to any series of ARG Notes;
(viii) all conditions precedent to the acquisition or refinancing of additional Vehicles or the financing of Eligible Receivables hereunder shall have been satisfied;
(ix) the Master Collateral Agent shall have previously received executed counterparts of the Assignment Agreements related to the assignment of rights under each Manufacturer Program under which Program Vehicles designated in the applicable Vehicle Order will be or have been purchased and are proposed to be included in the Aggregate Asset Amount, duly executed by the applicable Lessee, the Issuer, the Master Collateral Agent and each applicable Manufacturer;
(x) the Master Collateral Agent shall have previously received a copy of each Manufacturer Program under which Program Vehicles designated in the applicable Vehicle Order will be or have been purchased and are proposed to be included in the Aggregate Asset Amount and an Officer’s Certificate duly executed by an Authorized Officer of the applicable Lessee certifying that each such copy is true, correct and complete as of such date;
(xi) notice of such Increase shall have been delivered to ARG and the Trustee;
(xii) all representations and warranties set forth in Article 7 of the Base Indenture and Section 23 of the Lease shall be true and correct with (in all material respects to the same effect as if made extent any such representations and warranties do not incorporate a materiality limitation in their terms) on and as of such date (except to the extent such representations and warranties relate to an earlier date, in which case, such representations and warranties shall be true and correct as of such earlier date);
(vii1) all conditions precedent to the making of advances under on the Series 20081999-1 Note Purchase Agreement shall have been satisfied;
(viii) in the case of the initial issuance of the Series 2008-1 Notes on the Closing Date, receipt by HVF of a letter from each Rating Agency confirming that the Series 2008-1 Notes Lessees shall have been rated with the applicable Required Rating by such Rating Agency and receipt by delivered to the Trustee the original Counterpart No. 1 of the Lease (as set forth on the cover page and signature page of the Administrative Agent Lease) and (2) on the date of a true and correct copy thereof;
(ix) no more than three Increases shall occur during any calendar week;
(x) each Rating Agency Increase the Trustee shall have received prior written notice in its possession the original of each issuance Counterpart No. 1 of Additional Series 2008-1 Notesthe Lease (as set forth on the cover page and signature page of the Lease); and
(xixiv) in if any portion of the case of any Increaseproceeds thereof are to be applied to refinance Eligible Receivables or Eligible Vehicles owned by the Issuer hereunder, the Series 2008-1 Letter of Credit Issuer or a Lessee shall have been issued prepared or shall have caused to be prepared a Refinanced Vehicle Schedule concerning such Eligible Receivables or Eligible Vehicles and remains outstanding delivered or caused to be delivered such Refinanced Vehicle Schedule to the Master Collateral Agent and in full force and effectthe Trustee.
Appears in 1 contract
INITIAL ISSUANCE AND INCREASES AND DECREASES OF PRINCIPAL AMOUNT OF SERIES. 20082010-1 2 NOTES
Section 2.18.1. Initial Issuance; Procedure for Increasing the Series 0000-0 Xxxxxxxxx Xxxxxx.
(a) Subject to satisfaction of the conditions precedent set forth in subsection (b) of this Section 2.1 8.1 (in the case of subsections (b)(i), (b)(ii), (b)(iii), (b)(iv), (b)(v), (b)(vi), (b)(vii), (b)(viii), (b)(ix) and (b)(xb)(xi) of this Section 2.18.1, as evidenced by an Advance Request delivered to the Trustee as to which the Trustee may rely) (i) on the Series 20082010-1 2 Closing Date, HVF may issue Series 20082010-1 2 Notes in the aggregate initial principal amount equal to the Series 20082010-1 2 Initial Principal Amount, (ii) on any Business Day during the Series 20082010-1 2 Revolving Period, issue Additional Series 20082010-1 2 Notes in an aggregate initial principal amount equal to (a) the Additional Investor Group Initial Principal Amount with respect to the related Additional Investor Group or (b) in connection with any Investor Group Maximum Principal Increase for any Investor Group, the Investor Group Principal Amount for such Investor Group (immediately after giving effect to such Investor Group Maximum Principal Increase) and (iii) on any Business Day during the Series 20082010-1 2 Revolving Period, HVF may, in accordance with the Series 20082010-1 2 Note Purchase Agreement, increase the Series 20082010-1 2 Principal Amount (such increase referred to as an “Increase”), by issuing, at par, ratable amounts of additional principal amounts of the Series 20082010-1 2 Notes; provided, that in the event that one or more Additional Investor Groups become party to the Series 2010-2 Note Purchase Agreement or one or more Investor Group Maximum Principal Increases for any Investor Group are given effect, any Increase occurring thereafter shall be allocated solely to such Additional Investor Groups and/or such Investor Groups, as applicable, until (and only until) the Series 2010-2 Principal Amount is allocated ratably among all Investor Groups (based upon each such Investor Groups’ Commitment Percentage after giving effect to any such Additional Investor Group becoming party to the Series 2010-2 Note Purchase Agreement and/or Investor Group Maximum Principal Increase, as applicable). Each Increase shall be made in accordance with the provisions of Sections 2.02 and 2.03 of the Series 20082010-1 2 Note Purchase Agreement and and, subject to the proviso in the immediately preceding sentence, shall be ratably allocated among the Series 20082010-1 2 Notes, based on their respective portion of the Series 20082010-1 2 Principal Amount prior to giving effect to such Increase. Proceeds from the initial issuance of the Series 20082010-1 2 Notes, from any additional issuance of Additional Series 2010-2 Notes or from any Investor Group Maximum Principal Increase and from any Increase shall be deposited into the Series 2010-2 Collection Account and allocated in accordance with Article III IX hereof. Upon each Increase, the Trustee shall, or shall cause the Registrar to, indicate in the Note Register such Increase.
(b) The initial Series 20082010-1 2 Notes will be issued on the Series 20082010-1 2 Closing Date, Additional Series 20082010-1 2 Notes will be issued on any Business Day during the Series 20082010-1 2 Revolving Period that an Additional Investor Group becomes a party to the Series 20082010-1 2 Note Purchase AgreementAgreement or an effective date occurs with respect to any Investor Group Maximum Principal Increase, and the Series 20082010-1 2 Principal Amount may be increased on any Business Day during the Series 20082010-1 2 Revolving Period (subject to the limitations set forth in Section 2.2(a) below), in each case, pursuant to subsection (a) above, only upon satisfaction of each of the following conditions with respect to such initial issuance, such additional issuance of Additional Series 20082010-1 2 Notes and each proposed Increase:
(i) solely in connection with the initial issuance of the Series 2010-2 Notes on the Series 2010-2 Closing Date, the Issuer and Hertz shall have entered into, executed and delivered the Series 2010-2 Lease;
(ii) other than in the case of the initial issuance of the Series 20082010-1 2 Notes on the Series 2010-2 Closing Date, the amount of such issuance or Increase shall be equal to or greater than $2,500,000 and integral multiples of $100,000 in excess thereof;
(iiiii) after giving effect to such issuance or Increase, (A) the Investor Group Principal Amount with respect to each Investor Group shall not exceed the Maximum Investor Group Principal Amount with respect to such Investor Group and (B) the Series 20082010-1 2 Principal Amount shall not exceed the Series 20082010-1 2 Maximum Principal Amount;
(iiiiv) after giving effect to such issuance or Increase and the application of the proceeds thereof, no Series 20082010-1 2 Enhancement Deficiency, Series 20082010-1 2 Liquidity Deficiency or Aggregate Series 0000-0 Xxxxxxxxx Asset Amount Deficiency shall exist;
(ivv) after giving effect to such issuance or Increase and the application of the proceeds thereof, the amount on deposit in the Series 20082010-1 2 Reserve Account shall be equal to or greater than the Series 20082010-1 2 Required Reserve Account Amount;
(vvi) no Series 20082010-1 2 Amortization Event has occurred and is continuing and such issuance or Increase and the application of the proceeds thereof will not result in the occurrence of (1) an a Series 2010-2 Amortization Event with respect to the Series 2008-1 Notes or a Series 2010-2 Limited Liquidation Event of Default, or (2) an event or occurrence, which, with the passing of time or the giving of notice thereof, or both, would become an a Series 2010-2 Amortization Event with respect to the Series 2008-1 Notes or a Series 2010-2 Limited Liquidation Event of Default;
(vivii) all representations and warranties set forth in Article 7 of the Base Indenture 6 hereof shall be true and correct with the same effect as if made on and as of such date (except to the extent such representations relate to an earlier date);
(viiviii) all conditions precedent to the making of advances under the Series 20082010-1 2 Note Purchase Agreement shall have been satisfied;
(viiiix) in the case of the initial issuance of the Series 2008-1 Notes on the Closing Date, receipt by HVF of a letter from each Rating Agency confirming that the Series 2008-1 Notes have been rated with the applicable Required Rating by such Rating Agency and receipt by the Trustee and the Administrative Agent of a true and correct copy thereof;[Reserved]
(ixx) no more than three Increases shall occur during any calendar week;
(xxi) each Rating Agency shall have received prior written notice of each issuance of Additional Series 2008-1 Notes[Reserved]; and
(xixii) in the case of with respect to any Increase, the Series 2008-1 Letter of Credit HVF shall have been issued acquired and remains outstanding and shall be maintaining in full force and effectone or more Series 2010-2 Interest Rate Caps in accordance with Section 9.11 of this Series Supplement.
Appears in 1 contract
Samples: Supplement to Base Indenture (Hertz Global Holdings Inc)
INITIAL ISSUANCE AND INCREASES AND DECREASES OF PRINCIPAL AMOUNT OF SERIES. 20082009-1 NOTES
Section 2.1. Initial Issuance; Procedure for Increasing the Series 00002009-0 Xxxxxxxxx Xxxxxx1 Principal Amount.
(a) On the Series 2009-1 Closing Date, HVF issued Series 2009-1 Notes in the aggregate initial principal amount equal to the Series 2009-1 Initial Principal Amount. Subject to satisfaction of the conditions precedent set forth in subsection (b) of this Section 2.1 (in the case of subsections (b)(i), (b)(ii), (b)(iii), (b)(iv), (b)(v), (b)(vi), (b)(vii), (b)(viii), (b)(ix) and (b)(xb)(xi) of this Section 2.1, as evidenced by an Advance Request delivered to the Trustee as to which the Trustee may rely) (i) on the Series 2008-1 Closing Date, HVF may issue Series 2008-1 Notes in the aggregate initial principal amount equal to the Series 2008-1 Initial Principal Amount, (ii) on any Business Day during the Series 20082009-1 Revolving Period, issue Additional Series 20082009-1 Notes in an aggregate initial principal amount equal to (a) the Additional Investor Group Initial Principal Amount with respect to the related Additional Investor Group or (b) in connection with any Investor Group Maximum Principal Increase for any Investor Group, the Investor Group Principal Amount for such Investor Group (immediately after giving effect to such Investor Group Maximum Principal Increase) and (iiiii) on any Business Day during the Series 20082009-1 Revolving Period, HVF may, in accordance with the Series 20082009-1 Note Purchase Agreement, increase the Series 20082009-1 Principal Amount (such increase referred to as an “Increase”), by issuing, at par, ratable amounts of additional principal amounts of the Series 20082009-1 Notes. ; provided, that in the event that one or more Additional Investor Groups become party to the Series 2009-1 Note Purchase Agreement or one or more Investor Group Maximum Principal Increases for any Investor Group are given effect, any Increase occurring thereafter shall be allocated solely to such Additional Investor Groups and/or such Investor Groups, as applicable, until (and only until) the Series 2009-1 Principal Amount is allocated ratably among all Investor Groups (based upon each such Investor Groups’ Commitment Percentage after giving effect to any such Additional Investor Group becoming party to the Series 2009-1 Note Purchase Agreement and/or Investor Group Maximum Principal Increase, as applicable) Each Increase shall be made in accordance with the provisions of Sections 2.02 and 2.03 of the Series 20082009-1 Note Purchase Agreement and and, subject to the proviso in the immediately preceding sentence, shall be ratably allocated among the Series 20082009-1 Notes, based on their respective portion of the Series 20082009-1 Principal Amount prior to giving effect to such Increase. Proceeds from the initial issuance of the Series 20082009-1 Notes, from any additional issuance of Additional Series 2009-1 Notes or from any Investor Group Maximum Principal Increase and from any Increase shall be deposited into the Collection Account and allocated in accordance with Article III hereof. Upon each Increase, the Trustee shall, or shall cause the Registrar to, indicate in the Note Register such Increase.
(b) The initial Series 2008-1 Notes will be issued on the Series 2008-1 Closing Date, Additional Series 20082009-1 Notes will be issued on any Business Day during the Series 20082009-1 Revolving Period that an Additional Investor Group becomes a party to the Series 20082009-1 Note Purchase AgreementAgreement or an effective date occurs with respect to any Investor Group Maximum Principal Increase, and the Series 20082009-1 Principal Amount may be increased on any Business Day during the Series 20082009-1 Revolving Period (subject to the limitations set forth in Section 2.2(a) below), in each case, pursuant to subsection (a) above, only upon satisfaction of each of the following conditions with respect to such initial issuance, such additional issuance of Additional Series 20082009-1 Notes and each proposed Increase:
(i) other than in the case of the initial issuance of the Series 2008-1 Notes on the Closing Date, [omitted intentionally];
(ii) the amount of such issuance or Increase shall be equal to or greater than $2,500,000 and integral multiples of $100,000 in excess thereof;
(iiiii) after giving effect to such issuance or Increase, (A) the Investor Group Principal Amount with respect to each Investor Group shall not exceed the Maximum Investor Group Principal Amount with respect to such Investor Group and (B) the Series 20082009-1 Principal Amount shall not exceed the Series 20082009-1 Maximum Principal Amount;
(iiiiv) after giving effect to such issuance or Increase and the application of the proceeds thereof, no Series 20082009-1 Enhancement Deficiency, Series 20082009-1 Liquidity Deficiency or Aggregate Asset Amount Deficiency shall exist;
(ivv) after giving effect to such issuance or Increase and the application of the proceeds thereof, the amount on deposit in the Series 20082009-1 Reserve Account shall be equal to or greater than the Series 20082009-1 Required Reserve Account Amount;
(vvi) no Amortization Event with respect to the Series 20082009-1 Amortization Event Notes has occurred and is continuing and such issuance or Increase and the application of the proceeds thereof will not result in the occurrence of (1) an Amortization Event with respect to the Series 20082009-1 Notes or a Limited Liquidation Event of Default, or (2) an event or occurrence, which, with the passing of time or the giving of notice thereof, or both, would become an Amortization Event with respect to the Series 20082009-1 Notes or a Limited Liquidation Event of Default;
(vivii) all representations and warranties set forth in Article 7 of the Base Indenture shall be true and correct with the same effect as if made on and as of such date (except to the extent such representations relate to an earlier date);
(viiviii) all conditions precedent to the making of advances under the Series 20082009-1 Note Purchase Agreement shall have been satisfied;
(viii) in the case of the initial issuance of the Series 2008-1 Notes on the Closing Date, receipt by HVF of a letter from each Rating Agency confirming that the Series 2008-1 Notes have been rated with the applicable Required Rating by such Rating Agency and receipt by the Trustee and the Administrative Agent of a true and correct copy thereof;
(ix) no more than three Increases shall occur during any calendar week;
(x) each Rating Agency shall have received prior written notice of each issuance of Additional Series 20082009-1 Notes; and
(xi) in the case of with respect to any Increase, HVF shall have acquired and shall be maintaining in force one or more Series 2009-1 Interest Rate Caps in accordance with Section 3.12 of this Series Supplement.
Section 2.2. Procedure for Decreasing the Series 20080000-1 Letter of Credit shall have been issued and remains outstanding and in full force and effect0 Xxxxxxxxx Xxxxxx.
Appears in 1 contract
Samples: Amended and Restated Series 2009 1 Supplement (Hertz Global Holdings Inc)