Liquidity Facility. Payments of interest on the Series 2001-1A-2 Certificates will be supported by a Liquidity Facility to be provided by the Liquidity Provider for the benefit of the Applicable Certificateholders.
Liquidity Facility. The Funding 1 Liquidity Facility may be utilised by way of Funding 1 Liquidity Facility Loans and Funding 1 Liquidity Facility Stand-by Loans.
Liquidity Facility. At the time of initial issuance and delivery of the Bonds, there is no Liquidity Facility in effect with respect to any Series of Bonds. The Borrower may at any time, upon notice to the Issuer, deliver to the Trustee a Liquidity Facility effective at the start of a Rate Period, or at another time consistent with the Indenture, subject to the conditions set forth in this Section 5.13 and in Section 5.15 and to the requirements of the Indenture. Not less than thirty (30) days prior to the delivery of a Liquidity Facility with respect to a Series of Bonds, the Borrower shall (i) deliver to the Trustee and the Remarketing Agent a written commitment for the delivery of such Liquidity Facility, (ii) inform the Trustee and the Remarketing Agent of the date on which the Liquidity Facility will become effective and (iii) inform the Trustee of the rating expected to apply to such Series of Bonds after the related Liquidity Facility is delivered. On or prior to the date of the delivery of a Liquidity Facility to the Trustee, the Borrower shall cause to be furnished to the Trustee and the Issuer (i) an opinion of Bond Counsel to the effect that the delivery of such Liquidity Facility to the Trustee is authorized under the Indenture and complies with the terms hereof and thereof and will not adversely affect the Tax-Exempt status of the Bonds and (ii) an opinion to the effect that the Liquidity Facility is exempt from registration under the Securities Act of 1933, as amended, and is enforceable in accordance with its terms, except to the extent that enforceability thereof may be limited by bankruptcy, reorganization or similar laws limiting the enforceability of creditors’ rights generally and except that no opinion need be expressed as to the availability of any discretionary equitable rights.
Liquidity Facility. In addition to the Security Deposit, and as additional security for the payment of the Rent and as an inducement to Landlord to enter into this Agreement with Tenant, Marriott and Tenant entered into that certain Liquidity Facility Agreement of even date herewith, which Liquidity Facility Agreement was assigned by Tenant to Landlord, pursuant to which Marriott has agreed to fund any and all shortfalls for the payment of Minimum Rent and Percentage Rent for the Collective Leased Properties as and to the extent set forth in the Liquidity Facility Agreement. Any default in the payment of Minimum Rent or Percentage Rent which is cured by a draw under the Liquidity Facility Agreement shall, upon such draw, be deemed cured except to the extent that funds remaining available under the Liquidity Facility Agreement prior to such draw are insufficient to pay the amount of Minimum Rent or Percentage Rent due. A default by Tenant under the Liquidity Facility Agreement, after the giving of any notice and the expiration of any cure period required thereunder, shall be and constitute a default hereunder and under the Other Leases. Landlord agrees that notwithstanding any other provision of this Agreement, Landlord may, at its sole option, appropriate and apply the Security Deposit (or any Collective Security Deposit) to cure any Event of Default or elect to have such default cured by a draw upon the Liquidity Facility.
Liquidity Facility. Each issue of the Equipment Notes is or will be secured by, among other things, a security interest in Aircraft owned by the Company. The Certificates represent Fractional Undivided Interests in the Trust and the Trust Property, and will have no rights, benefits or interest in respect of any other separate trust established pursuant to the terms of the Basic Agreement for any other series of certificates issued pursuant thereto. Subject to and in accordance with the terms of the Agreement and the Intercreditor Agreement, from funds then available to the Trustee, there will be distributed on each April 1 and October 1 (a "Regular Distribution Date"), commencing on April 1, 2002, to the Person in whose name this Certificate is registered at the close of business on the 15th day preceding the Regular Distribution Date, an amount in respect of the Scheduled Payments on the Equipment Notes due on such Regular Distribution Date, the receipt of which has been confirmed by the Trustee, equal to the product of the percentage interest in the Trust evidenced by this Certificate and an amount equal to the sum of such Scheduled Payments. Subject to and in accordance with the terms of the Agreement and the Intercreditor Agreement, in the event that Special Payments on the Equipment Notes are received by the Trustee, from funds then available to the Trustee, there shall be distributed on the applicable Special Distribution Date, to the Person in whose name this Certificate is registered at the close of business on the 15th day preceding the Special Distribution Date, an amount in respect of such Special Payments on the Equipment Notes, the receipt of which has been confirmed by the Trustee, equal to the product of the percentage interest in the Trust evidenced by this Certificate and an amount equal to the sum of such Special Payments so received. If a Regular Distribution Date or Special Distribution Date is not a Business Day, distribution shall be made on the immediately following Business Day with the same force and effect as if made on such Regular Distribution Date or Special Distribution Date and no interest shall accrue during the intervening period. The Trustee shall mail notice of each Special Payment and the Special Distribution Date therefor to the Certificateholder of this Certificate. [The Holder of this Certificate is entitled to the benefits of the Registration Rights Agreement, dated as of October 4, 2001, among the Company, the Trustee and the Placement...
Liquidity Facility. Payments of interest on the Series 1999-3B Certificates will be supported by a Liquidity Facility to be provided by the Liquidity Provider for the benefit of the Certificateholders.
Liquidity Facility. Stand-by Drawing may be made or requested to be made after the end of the Funding 1 Liquidity Facility Commitment Period.
Liquidity Facility. 25 ARTICLE 4........................................................................................................25 4.1 Permitted Use............................................................................................25 4.2 Compliance with Legal/Insurance Requirements, Etc........................................................27 4.3 Environmental Matters Remediation, Indemnification, Etc..................................................27 ARTICLE 5........................................................................................................28 5.1 Maintenance and Repair;..................................................................................28 5.2 Tenant's Personal Property...............................................................................33
Liquidity Facility. The occurrence and continuance of an Event of ------------------ Default under the Liquidity Facility.
B. By execution of the Consent relating to this Amendment, the Required Lenders authorize and direct the Administrative Agent, on behalf of the Lenders under the Credit Agreement, to enter into the Liquidity Agreement with the Credit Parties referred to therein and the Lenders under the Liquidity Facility, or the Administrative Agent for the Lenders under the Liquidity Facility, in substantially the form attached as Exhibit A. ---------
C. Except as modified hereby, all of the terms and provisions of the Credit Agreement (and Exhibits and Schedules) remain in full force and effect.
D. The Company agrees to pay all reasonable costs and expenses of the Administrative Agent in connection with the preparation, execution and delivery of this Amendment, including without limitation the reasonable fees and expenses of Xxxxx & Xxx Xxxxx, PLLC.
E. This Amendment may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original and it shall not be necessary in making proof of this Amendment to produce or account for more than one such counterpart.
F. This Amendment, and the Credit Agreement as amended hereby, shall be governed by and construed and interpreted in accordance with the laws of the State of North Carolina.
Liquidity Facility. Section 10.1. The Liquidity Facility 21 Section 10.2. Substitute Liquidity Facility 21 Section 10.3. Rights of Liquidity Provider 22
