No Obligation to Increase Commitments Clause Samples

No Obligation to Increase Commitments. (A) If the Indenture Trustee shall default in its obligation to make the amount of its Debt Portion available pursuant hereto, the Owner Participant shall have no obligation to make any portion of such Debt Portion available or to increase the amount of its Commitment, but the obligations of the Owner Participant shall nevertheless remain subject to the terms and conditions of this Agreement. (B) Subject to the provisions of Section 1(e) hereof, if the closing of the transactions contemplated by the Operative Documents shall not have been consummated by 3:00 p.m. (New York City time), or such earlier time as directed by Lessee, on the Scheduled Delivery Date, the Owner Trustee shall, if instructed in writing by Lessee, at the risk and expense of Lessee, use its reasonable best efforts to cause the Owner Participant's Commitment to be invested and reinvested to the extent practicable at the direction received by it from Lessee (with a copy to the Owner Participant), at the risk of Lessee, in Cash Equivalents consisting of either commercial paper or time deposits; provided, however, that in the absence of instructions by 3:00 p.m. (New York City time) the Owner Trustee shall use its reasonable best efforts to cause such amount or the proceeds thereof to be invested and reinvested to the extent practicable in overnight Eurodollar time deposits. Earnings on any such investments shall be applied to Lessee's payment obligations, if any, to the Owner Participant pursuant to the next succeeding paragraph, and the balance, if any, of such earnings remaining after such application shall be paid in accordance with Lessee's written instructions. If for any reason (i) the Delivery Date shall not occur (whether by reason of a failure to meet a condition precedent thereto set forth in Section 5 hereof or otherwise) on or before the third Business Day after the Scheduled Delivery Date (or earlier if requested by the Owner Participant) or, if earlier, December 31, 1997, or (ii) Lessee has notified the Owner Trustee (with a copy to the Owner Participant) prior to 3:00 p.m. (New York City time) on any date after the Scheduled Delivery Date that it does not intend to go forward to close the transactions contemplated hereby for such Delivery Date, the Owner Participant may cancel any funding arrangements made to fund its Commitment on the Scheduled Delivery Date but the Owner Participant's Commitment hereunder with respect to the Aircraft shall not be terminated thereby until ...