Common use of Interim Debt Clause in Contracts

Interim Debt. (a) The parties hereto acknowledge and agree that each Series SWA 1996 Trust N620SW-I Certificate originally issued to the Original Loan Participant on the Delivery Date represents interim debt financing and that it is intended that the Series SWA 1996 Trust N620SW-I Certificates be refinanced by Series SWA 1996 Trust N620SW Certificates issued to new Holders. In connection therewith, in the event that Lessee shall have given written notice to the Owner Trustee, the Indenture Trustee, the Owner Participant and the Original Loan Participant that Lessee is requesting a voluntary redemption of the Series SWA 1996 Trust N620SW-I Certificates (in compliance with the provisions of Articles 6 and 15 of the Trust Indenture) by the Owner Trustee as part of a refunding or refinancing transaction, the Owner Participant agrees to negotiate promptly in good faith with Lessee in connection therewith (including the terms of any debt to be issued in connection with such refunding or refinancing transaction, the documentation to be executed in connection therewith and with respect to such amendments to the Operative Agreements as may be necessary in order to facilitate such permanent debt financing), and if after such good faith negotiation Lessee and the Owner Participant shall have concluded an agreement with respect to such terms: (1) within five (5) Business Days after the reaching of such agreement, the Owner Participant will deliver to Lessee a certificate of an authorized representative of the Owner Participant (the "Section 18 Refinancing Certificate") setting forth (i) the proposed date on which the Outstanding Series SWA 1996 Trust N620SW-I Certificates will be redeemed, describing the new debt to be issued and the other aspects of such refunding or refinancing transaction to be consummated (such date, to be determined so as to comply with Section 6.03(a) or 6.03(b) of the Trust Indenture (as appropriate), the "Section 18 Refinancing Date") and (ii) the following information: (A) the principal amount of debt to be issued by the Owner Trustee on the Section 18 Refinancing Date (which may include interest accrued to the Section 18 Refinancing Date on the Outstanding Series SWA 1996 Trust N620SW-I Certificate), (B) and, if such amount is less than the principal amount of the Outstanding Series SWA 1996 Trust N620SW-I Certificates, then the amount of any additional contribution to the Trust Estate to be made by the Owner Participant on the Section 18 Refinancing Date and (C) the proposed revised debt amortization and schedules of Basic Rent, Stipulated Loss Value percentages and Termination Value percentages and the revised Special Purchase Price (including any installments thereof). The principal amount of debt to be issued by the Owner Trustee on the Section 18 Refinancing Date shall not equal more than 80.00% of Lessor's Cost. Within five (5) Business Days of its receipt of the Section 18 Refinancing Certificate, Lessee may demand a verification of the information set forth in the Section 18 Refinancing Certificate in the manner described in Section 3.7

Appears in 1 contract

Samples: Participation Agreement (Southwest Airlines Co)

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Interim Debt. (a) The parties hereto acknowledge and agree that each the Series SWA 1996 1995 Trust N620SWN604SW-I Certificate originally issued to the Original Loan Participant on the Delivery Date represents interim debt financing and that it is intended that the Series SWA 1996 1995 Trust N620SWN604SW-I Certificates Certificate be refinanced by Series SWA 1996 1995 Trust N620SW N604SW Certificates issued to new Holders. In connection therewith, in the event that Lessee shall have given written notice to the Owner Trustee, the Indenture Trustee, the Owner Participant and the Original Loan Participant that Lessee is requesting a voluntary redemption of the Series SWA 1996 1995 Trust N620SWN604SW-I Certificates Certificate (in compliance with the provisions of Articles 6 and 15 of the Trust Indenture) by the Owner Trustee as part of a refunding or refinancing transaction, the Owner Participant agrees to negotiate promptly in good faith with Lessee in connection therewith (including the terms of any debt to be issued in connection with such refunding or refinancing transaction, the documentation to be executed in connection therewith and with respect to such amendments to the Operative Agreements as may be necessary in order to facilitate such permanent debt financing), and if after such good faith negotiation Lessee and the Owner Participant shall have concluded an agreement with respect to such terms: (1) within five (5) Business Days after the reaching of such agreement, the Owner Participant will deliver to Lessee a certificate of an authorized representative of the Owner Participant (the "Section 18 Refinancing Certificate") setting forth (i) the proposed date on which the Outstanding Series SWA 1996 1995 Trust N620SWN604SW-I Certificates Certificate will be redeemed, describing the new debt to be issued and the other aspects of such refunding or refinancing transaction to be consummated (such date, to be determined so as to comply with Section 6.03(a) or 6.03(b) of the Trust Indenture (as appropriate), the "Section 18 Refinancing Date") and (ii) the following information: (A) the principal amount of debt to be issued by the Owner Trustee on the Section 18 Refinancing Date (which may include interest accrued to the Section 18 Refinancing Date on the Outstanding Series SWA 1996 Trust N620SW-I Certificate)Date, (B) and, if such amount is less than the principal amount of the Outstanding outstanding Series SWA 1996 1995 Trust N620SWN604SW-I CertificatesCertificate, then the amount of any additional contribution to the Trust Estate to be made by the Owner Participant on the Section 18 Refinancing Date and (C) the proposed revised debt amortization and schedules of Interim Rent, Basic Rent, Stipulated Loss Value percentages and Termination Value percentages and the revised Special Purchase Price (including any installments thereof). The principal amount of debt to be issued by the Owner Trustee on the Section 18 Refinancing Date shall not equal more than 80.00% of Lessor's Cost. Within five (5) Business Days of its receipt of the Section 18 Refinancing Certificate, Lessee may demand a verification of the information set forth in the Section 18 Refinancing Certificate in the manner described in Section 3.7,

Appears in 1 contract

Samples: Participation Agreement (Southwest Airlines Co)

Interim Debt. (a) The parties hereto acknowledge and agree that each Series SWA 1996 1995 Trust N620SWN602SW-I Certificate originally issued to the Original Loan Participant on the Delivery Date represents interim debt financing and that it is intended that the Series SWA 1996 1995 Trust N620SWN602SW-I Certificates be refinanced by Series SWA 1996 1995 Trust N620SW N602SW Certificates issued to new Holders. In connection therewith, in the event that Lessee shall have given written notice to the Owner Trustee, the Indenture Trustee, the Owner Participant and the Original Loan Participant that Lessee is requesting a voluntary redemption of the Series SWA 1996 1995 Trust N620SWN602SW-I Certificates (in compliance with the provisions of Articles 6 and 15 of the Trust Indenture) by the Owner Trustee as part of a refunding or refinancing transaction, the Owner Participant agrees to negotiate promptly in good faith with Lessee in connection therewith (including the terms of any debt to be issued in connection with such refunding or refinancing transaction, the documentation to be executed in connection therewith and with respect to such amendments to the Operative Agreements as may be necessary in order to facilitate such permanent debt financing), and if after such good faith negotiation Lessee and the Owner Participant shall have concluded an agreement with respect to such terms: (1) within five (5) Business Days after the reaching of such agreement, the Owner Participant will deliver to Lessee a certificate of an authorized representative of the Owner Participant (the "Section 18 Refinancing Certificate") setting forth (i) the proposed date on which the Outstanding Series SWA 1996 1995 Trust N620SWN602SW-I Certificates will be redeemed, describing the new debt to be issued and the other aspects of such refunding or refinancing transaction to be consummated (such date, to be determined so as to comply with Section 6.03(a) or 6.03(b) of the Trust Indenture (as appropriate), the "Section 18 Refinancing Date") and (ii) the following information: (A) the principal amount of debt to be issued by the Owner Trustee on the Section 18 Refinancing Date (which may include interest accrued to the Section 18 Refinancing Date on the Outstanding Series SWA 1996 Trust N620SW-I Certificate)Date, (B) and, if such amount is less than the principal amount of the Outstanding Series SWA 1996 1995 Trust N620SWN602SW-I Certificates, then the amount of any additional contribution to the Trust Estate to be made by the Owner Participant on the Section 18 Refinancing Date and (C) the proposed revised debt amortization and schedules of Interim Rent, Basic Rent, Stipulated Loss Value percentages and Termination Value percentages and the revised Special Purchase Price (including any installments thereof). The principal amount of debt to be issued by the Owner Trustee on the Section 18 Refinancing Date shall not equal more than 80.00% of Lessor's Cost. Within five (5) Business Days of its receipt of the Section 18 Refinancing Certificate, Lessee may demand a verification of the information set forth in the Section 18 Refinancing Certificate in the manner described in Section 3.7's

Appears in 1 contract

Samples: Participation Agreement (Southwest Airlines Co)

Interim Debt. (a) The parties hereto acknowledge and agree that each the Series SWA 1996 1995 Trust N620SWN605SW-I Certificate originally issued to the Original Loan Participant on the Delivery Date represents interim debt financing and that it is intended that the Series SWA 1996 1995 Trust N620SWN605SW-I Certificates Certificate be refinanced by Series SWA 1996 1995 Trust N620SW N605SW Certificates issued to new Holders. In connection therewith, in the event that Lessee shall have given written notice to the Owner Trustee, the Indenture Trustee, the Owner Participant and the Original Loan Participant that Lessee is requesting a voluntary redemption of the Series SWA 1996 1995 Trust N620SWN605SW-I Certificates Certificate (in compliance with the provisions of Articles 6 and 15 of the Trust Indenture) by the Owner Trustee as part of a refunding or refinancing transaction, the Owner Participant agrees to negotiate promptly in good faith with Lessee in connection therewith (including the terms of any debt to be issued in connection with such refunding or refinancing transaction, the documentation to be executed in connection therewith and with respect to such amendments to the Operative Agreements as may be necessary in order to facilitate such permanent debt financing), and if after such good faith negotiation Lessee and the Owner Participant shall have concluded an agreement with respect to such terms: (1) within five (5) Business Days after the reaching of such agreement, the Owner Participant will deliver to Lessee a certificate of an authorized representative of the Owner Participant (the "Section 18 Refinancing Certificate") setting forth (i) the proposed date on which the Outstanding Series SWA 1996 1995 Trust N620SWN605SW-I Certificates Certificate will be redeemed, describing the new debt to be issued and the other aspects of such refunding or refinancing transaction to be consummated (such date, to be determined so as to comply with Section 6.03(a) or 6.03(b) of the Trust Indenture (as appropriate), the "Section 18 Refinancing Date") and (ii) the following information: (A) the principal amount of debt to be issued by the Owner Trustee on the Section 18 Refinancing Date (which may include interest accrued to the Section 18 Refinancing Date on the Outstanding Series SWA 1996 Trust N620SW-I Certificate)Date, (B) and, if such amount is less than the principal amount of the Outstanding outstanding Series SWA 1996 1995 Trust N620SWN605SW-I CertificatesCertificate, then the amount of any additional contribution to the Trust Estate to be made by the Owner Participant on the Section 18 Refinancing Date and (C) the proposed revised debt amortization and schedules of Interim Rent, Basic Rent, Stipulated Loss Value percentages and Termination Value percentages and the revised Special Purchase Price (including any installments thereof). The principal amount of debt to be issued by the Owner Trustee on the Section 18 Refinancing Date shall not equal more than 80.00% of Lessor's Cost. Within five (5) Business Days of its receipt of the Section 18 Refinancing Certificate, Lessee may demand a verification of the information set forth in the Section 18 Refinancing Certificate in the manner described in Section 3.7Value

Appears in 1 contract

Samples: Participation Agreement (Southwest Airlines Co)

Interim Debt. (a) The parties hereto acknowledge and agree that each Series SWA 1996 1995 Trust N620SWN396SW-I Certificate originally issued to the Original Loan Participant on the Delivery Date represents interim debt financing and that it is intended that the Series SWA 1996 1995 Trust N620SWN396SW-I Certificates be refinanced by Series SWA 1996 1995 Trust N620SW N396SW Certificates issued to new Holders. In connection therewith, in the event that Lessee shall have given written notice to the Owner Trustee, the Indenture Trustee, the Owner Participant and the Original Loan Participant that Lessee is requesting a voluntary redemption of the Series SWA 1996 1995 Trust N620SWN396SW-I Certificates (in compliance with the provisions of Articles 6 and 15 of the Trust Indenture) by the Owner Trustee as part of a refunding or refinancing transaction, the Owner Participant agrees to negotiate promptly in good faith with Lessee in connection therewith (including the terms of any debt to be issued in connection with such refunding or refinancing transaction, the documentation to be executed in connection therewith and with respect to such amendments to the Operative Agreements as may be necessary in order to facilitate such permanent debt financing), and if after such good faith negotiation Lessee and the Owner Participant shall have concluded an agreement with respect to such terms: (1) within five (5) Business Days after the reaching of such agreement, the Owner Participant will deliver to Lessee a certificate of an authorized representative of the Owner Participant (the "Section 18 Refinancing Certificate") setting forth (i) the proposed date on which the Outstanding Series SWA 1996 1995 Trust N620SWN396SW-I Certificates will be redeemed, describing the new debt to be issued and the other aspects of such refunding or refinancing transaction to be consummated (such date, to be determined so as to comply with Section 6.03(a) or 6.03(b) of the Trust Indenture (as appropriate), the "Section 18 Refinancing Date") and (ii) the following information: (A) the principal amount of debt to be issued by the Owner Trustee on the Section 18 Refinancing Date (which may include interest accrued to the Section 18 Refinancing Date on the Outstanding Series SWA 1996 Trust N620SW-I Certificate)Date, (B) and, if such amount is less than the principal amount of the Outstanding Series SWA 1996 1995 Trust N620SWN396SW-I Certificates, then Certificates (as the Owner Participant may agree in its sole discretion) the amount of any additional contribution to the Trust Estate to be made by the Owner Participant on the Section 18 Refinancing Date and (C) the any proposed revised debt amortization and schedules of Basic Rent, Stipulated Loss Value percentages and Termination Value percentages and the any revised Special Purchase Price (including any installments thereof). The principal amount of debt to be issued by the Owner Trustee on the Section 18 Refinancing Date shall not equal more than PARTICIPATION AGREEMENT [N396SW] -56- 62 80.00% of Lessor's Cost. Within five (5) Business Days of its receipt of the Section 18 Refinancing Certificate, Lessee may demand a verification of the information set forth in the Section 18 Refinancing Certificate in the manner described in Section 3.73.7 of the Lease. Upon the acceptance by Lessee of the accuracy of the information set forth in the Section 18 Refinancing Certificate or the determination of such information pursuant to such verification procedures (such information, the "Section 18 Refinancing Information") the appropriate parties will take the actions specified in paragraphs (2) through (10) below; (2) the appropriate parties will enter into a financing or loan agreement in form and substance reasonably satisfactory to Lessee, the Owner Participant and the Owner Trustee (which, subject to subsection (d) below, may involve an underwriting agreement in connection with a public offering of such debt or the purchase of such debt by a publicly funded entity (or entities)) with the institution or institutions to be named therein (A) providing for (i) the issuance and sale by the Owner Trustee to such institution or institutions on the Section 18 Refinancing Date of Series SWA 1995 Trust N396SW Certificates in an aggregate principal amount specified in the Section 18 Refinancing Information (such debt securities, the "Section 18 New Debt"), (ii) the application of the proceeds of the sale of the Section 18 New Debt, plus any additional contribution to the Trust Estate, to the redemption of the Series SWA 1995 Trust N396SW-I Certificates Outstanding on the Section 18 Refinancing Date and the payment of any other amounts payable to the Holders under the Operative Agreements on the Section 18 Refinancing Date, all in accordance with Section 6.03(b) of the Trust Indenture, and (iii) the payment of the excess, if any, of such proceeds over the amount necessary to effect such redemption to the Owner Trustee for payment to the Owner Participant and (B) pursuant to which the parties to the refinancing transaction (including the Owner Participant and Lessee but excluding any public holders of debt) make such representations, warranties and covenants as the Owner Participant or Lessee may reasonably require; (3) Lessee and the Owner Trustee will amend the Lease to provide that (i) Basic Rent payable in respect of the period from and after the Section 18 Refinancing Date shall be as provided in the Section 18 Refinancing Information (and shall take into account any variation of the sum of any interest or other payment made pursuant to paragraph (5) or (5A) of this Section 18(a) and the Deferred Equity Amount paid by or on behalf of the Owner Participant pursuant to Section 8(dd), if applicable, from the Assumed Interest Amount with respect to the Deferred Equity Date), (ii) amounts payable in respect of Stipulated Loss Value, Termination Value and Special Purchase Price from and after the Section 18 Refinancing Date shall be as provided in the Section 18 Refinancing Information, and (iii) in the event that the Series SWA 1995 Trust N396SW Certificates shall have been publicly issued, the early termination notice revocation and payment provisions shall be modified to comport with the applicable notice and payment requirements of The Depository Trust Company or any other depository; PARTICIPATION AGREEMENT [N396SW] -57- 63 (4) the Owner Trustee will enter into an agreement to provide for the securing of the Section 18 New Debt in like manner as the Series SWA 1995 Trust N396SW-I Certificates and will enter into such amendments and supplements to the Trust Indenture (or such new indenture or other security agreement) as may be necessary to effect such security;

Appears in 1 contract

Samples: Participation Agreement (Southwest Airlines Co)

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Interim Debt. (a) The parties hereto acknowledge and agree that each Series SWA 1996 Trust N620SW-I Certificate originally the Certificates issued to the Original Loan Participant on the Delivery Date represents represent interim debt financing and that it is intended that the Series SWA 1996 Trust N620SW-I such Certificates be refinanced by Series SWA 1996 Trust N620SW Certificates issued to new Holders. In connection therewith, in the event that at any time Lessee shall have given written notice to the Owner Trustee, the Indenture Trustee, the Owner Participant and the Original Loan Participant that Lessee is requesting a voluntary redemption prepayment of the Series SWA 1996 Trust N620SW-I Certificates held by the Original Loan Participant (in compliance with the provisions of Articles 6 and 15 2.11 of the Trust Indenture) by the Owner Trustee as part of a refunding or refinancing transaction, the Owner Participant agrees to negotiate promptly in good faith with Lessee in connection therewith (including the terms of any debt to be issued in connection with such refunding or refinancing transaction, the documentation to be executed in connection therewith and with respect to such amendments to the Operative Agreements Documents as may be necessary in order to facilitate such permanent debt financing), and if after such good faith negotiation Lessee and the Owner Participant shall have concluded an agreement with respect to such terms: (1) within five (5) Business Days after the reaching of such agreement, the Owner Participant will deliver to Lessee a certificate of an authorized representative of the Owner Participant (the "Section 18 20 Refinancing Certificate") setting forth (i) the proposed date on which the Outstanding Series SWA 1996 Trust N620SW-I outstanding Certificates will be redeemedprepaid, describing the new debt to be issued and the other aspects of such refunding or refinancing transaction to be consummated (such date, to be determined so as to comply with Section 6.03(a) or 6.03(b) of the Trust Indenture (as appropriate), the "Section 18 20 Refinancing Date") and (ii) the following information: (A) the principal amount of debt to be issued by the Owner Trustee on the Section 18 20 Refinancing Date (which may include interest accrued such refinancing not to increase or decrease the Section 18 Refinancing Date on the Outstanding Series SWA 1996 Trust N620SW-I CertificateOwner Participant's Commitment), and (B) and, if such amount is less than the principal amount of the Outstanding Series SWA 1996 Trust N620SW-I Certificates, then the amount of any additional contribution to the Trust Estate to be made by the Owner Participant on the Section 18 Refinancing Date and (C) the proposed revised debt amortization and schedules of Excess Amount, Basic Rent, Interim Rent, debt amortization, Stipulated Loss Value percentages and percentages, Termination Value percentages and the revised Special Purchase Price (including any installments thereof). The principal amount of debt to be issued by the Owner Trustee on the Section 18 Refinancing Date shall not equal more than 80.00% of Lessor's CostEBO Percentage. Within five (5) Business Days of its receipt of the Section 18 20 Refinancing Certificate, Lessee may demand a verification pursuant to Exhibit E to the Lease of the information set forth in the Section 18 20 Refinancing Certificate. Upon the acceptance by Lessee of the accuracy of the information set forth in the Section 20 Refinancing Certificate or the determination pursuant to such verification procedures of the revised Excess Amount, Basic Rent, Interim Rent, debt amortization, Stipulated Loss Value percentages, Termination Value percentages and EBO Percentage (such information, the "Section 20 Refinancing Information") the appropriate parties will take the actions specified in the manner described in Section 3.7paragraphs (2) through (12) below;

Appears in 1 contract

Samples: Participation Agreement (United Air Lines Inc)

Interim Debt. (a) The parties hereto acknowledge and agree that each Series SWA 1996 1995 Trust N620SWN397SW-I Certificate originally issued to the Original Loan Participant on the Delivery Date represents interim debt financing and that it is intended that the Series SWA 1996 1995 Trust N620SWN397SW-I Certificates be refinanced by Series SWA 1996 1995 Trust N620SW N397SW Certificates issued to new Holders. In connection therewith, in the event that Lessee shall have given written notice to the Owner Trustee, the Indenture Trustee, the Owner Participant and the Original Loan Participant that Lessee is requesting a voluntary redemption of the Series SWA 1996 1995 Trust N620SWN397SW-I Certificates (in compliance with the provisions of Articles 6 and 15 of the Trust Indenture) by the Owner Trustee as part of a refunding or refinancing transaction, the Owner Participant agrees to negotiate promptly in good faith with Lessee in connection therewith (including the terms of any debt to be issued in connection with such refunding or refinancing transaction, the documentation to be executed in connection therewith and with respect to such amendments to the Operative Agreements as may be necessary in order to facilitate such permanent debt financing), and if after such good faith negotiation Lessee and the Owner Participant shall have concluded an agreement with respect to such terms: (1) within five (5) Business Days after the reaching of such agreement, the Owner Participant will deliver to Lessee a certificate of an authorized representative of the Owner Participant (the "Section 18 Refinancing Certificate") setting forth (i) the proposed date on which the Outstanding Series SWA 1996 1995 Trust N620SWN397SW-I Certificates will be redeemed, describing the new debt to be issued and the other aspects of such refunding or refinancing transaction to be consummated (such date, to be determined so as to comply with Section 6.03(a) or 6.03(b) of the Trust Indenture (as appropriate), the "Section 18 Refinancing Date") and (ii) the following information: (A) the principal amount of debt to be issued by the Owner Trustee on the Section 18 Refinancing Date (which may include interest accrued to the Section 18 Refinancing Date on the Outstanding Series SWA 1996 Trust N620SW-I Certificate)Date, (B) and, if such amount is less than the principal amount of the Outstanding Series SWA 1996 1995 Trust N620SWN397SW-I Certificates, then Certificates (as the Owner Participant may agree in its sole discretion) the amount of any additional contribution to the Trust Estate to be made by the Owner Participant on the Section 18 Refinancing Date and (C) the any proposed revised debt amortization and schedules of Basic Rent, Stipulated Loss Value percentages and Termination Value percentages and the any revised Special Purchase Price (including any installments thereof). The principal amount of debt to be issued by the Owner Trustee on the Section 18 Refinancing Date shall not equal more than PARTICIPATION AGREEMENT [N397SW] -56- 62 80.00% of Lessor's Cost. Within five (5) Business Days of its receipt of the Section 18 Refinancing Certificate, Lessee may demand a verification of the information set forth in the Section 18 Refinancing Certificate in the manner described in Section 3.73.7 of the Lease. Upon the acceptance by Lessee of the accuracy of the information set forth in the Section 18 Refinancing Certificate or the determination of such information pursuant to such verification procedures (such information, the "Section 18 Refinancing Information") the appropriate parties will take the actions specified in paragraphs (2) through (10) below; (2) the appropriate parties will enter into a financing or loan agreement in form and substance reasonably satisfactory to Lessee, the Owner Participant and the Owner Trustee (which, subject to subsection (d) below, may involve an underwriting agreement in connection with a public offering of such debt or the purchase of such debt by a publicly funded entity (or entities)) with the institution or institutions to be named therein (A) providing for (i) the issuance and sale by the Owner Trustee to such institution or institutions on the Section 18 Refinancing Date of Series SWA 1995 Trust N397SW Certificates in an aggregate principal amount specified in the Section 18 Refinancing Information (such debt securities, the "Section 18 New Debt"), (ii) the application of the proceeds of the sale of the Section 18 New Debt, plus any additional contribution to the Trust Estate, to the redemption of the Series SWA 1995 Trust N397SW-I Certificates Outstanding on the Section 18 Refinancing Date and the payment of any other amounts payable to the Holders under the Operative Agreements on the Section 18 Refinancing Date, all in accordance with Section 6.03(b) of the Trust Indenture, and (iii) the payment of the excess, if any, of such proceeds over the amount necessary to effect such redemption to the Owner Trustee for payment to the Owner Participant and (B) pursuant to which the parties to the refinancing transaction (including the Owner Participant and Lessee but excluding any public holders of debt) make such representations, warranties and covenants as the Owner Participant or Lessee may reasonably require; (3) Lessee and the Owner Trustee will amend the Lease to provide that (i) Basic Rent payable in respect of the period from and after the Section 18 Refinancing Date shall be as provided in the Section 18 Refinancing Information (and shall take into account any variation of the sum of any interest or other payment made pursuant to paragraph (5) or (5A) of this Section 18(a) and the Deferred Equity Amount paid by or on behalf of the Owner Participant pursuant to Section 8(dd), if applicable, from the Assumed Interest Amount with respect to the Deferred Equity Date), (ii) amounts payable in respect of Stipulated Loss Value, Termination Value and Special Purchase Price from and after the Section 18 Refinancing Date shall be as provided in the Section 18 Refinancing Information, and (iii) in the event that the Series SWA 1995 Trust N397SW Certificates shall have been publicly issued, the early termination notice revocation and payment provisions shall be modified to comport with the applicable notice and payment requirements of The Depository Trust Company or any other depository; PARTICIPATION AGREEMENT [N397SW] -57- 63 (4) the Owner Trustee will enter into an agreement to provide for the securing of the Section 18 New Debt in like manner as the Series SWA 1995 Trust N397SW-I Certificates and will enter into such amendments and supplements to the Trust Indenture (or such new indenture or other security agreement) as may be necessary to effect such security;

Appears in 1 contract

Samples: Participation Agreement (Southwest Airlines Co)

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