Common use of Non-Extension Drawings Clause in Contracts

Non-Extension Drawings. Except in the case of a Liquidity Facility that is scheduled to expire on a date no earlier than 15 days after the Final Legal Distribution Date for the related Class of Certificates, if in any calendar year before the 25th day prior to the anniversary date of the Closing Date in such calendar year (such 25th day, the “Notice Date”), the Liquidity Provider under either Liquidity Facility shall have advised the Subordination Agent that the Expiry Date under such Liquidity Facility shall not be extended beyond such anniversary date and on or before such Notice Date, such Liquidity Facility shall not have been replaced in accordance with Section 3.5(e), the Subordination Agent shall, on the Notice Date (or as soon as possible thereafter), in accordance with the terms of such Liquidity Facility (a “Non-Extended Facility”), request a drawing under such expiring Liquidity Facility (such drawing, a “Non-Extension Drawing”) of the Available Amount thereunder. Amounts drawn pursuant to a Non-Extension Drawing shall be maintained and invested in accordance with Section 3.5(f) hereof.

Appears in 10 contracts

Samples: Intercreditor Agreement (United Airlines, Inc.), Intercreditor Agreement (United Airlines, Inc.), Intercreditor Agreement (United Airlines, Inc.)

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Non-Extension Drawings. Except in the case of a If any Liquidity Facility that with respect to any Class of Certificates is scheduled to expire on a date no earlier than 15 (the “Stated Expiration Date”) prior to the date that is fifteen (15) days after the Final Legal Distribution Date for the related such Class of Certificates, then, if in any calendar year before the 25th day prior to the any anniversary date of the Closing Date in such calendar year (such 25th day, the “Notice Date”), ) the Liquidity Provider under either Liquidity Facility shall have advised the Subordination Agent that the Expiry Date under such Liquidity Facility shall not be extended beyond such the immediately following anniversary date of the Closing Date and on or before such the Notice Date, Date such Liquidity Facility shall not have been replaced in accordance with Section 3.5(e3.05(e), the Subordination Agent shall, on the Notice Date (or as soon thereafter as possible thereafter), in accordance with but prior to the terms date of such expiration of the expiring Liquidity Facility (a “Non-Extended Facility”)), in accordance with the terms of such Non-Extended Facility, request a drawing under such expiring Liquidity Non-Extended Facility (such drawing, a “Non-Extension Drawing”) of the Available Amount all available and undrawn amounts thereunder. Amounts drawn pursuant to a Non-Extension Drawing shall be maintained and invested in accordance with Section 3.5(f) hereof.

Appears in 9 contracts

Samples: Intercreditor Agreement, Intercreditor Agreement (American Airlines Inc), Intercreditor Agreement (American Airlines Inc)

Non-Extension Drawings. Except in the case of a Liquidity Facility that is scheduled to expire on a date no earlier than 15 days after the Final Legal Distribution Date for the related Class of Certificates, if in any calendar year before the 25th day prior to the anniversary date of the Class AA/A Closing Date (in such calendar year the case of the Class AA Liquidity Facility and the Class A Liquidity Facility) or the Class B Closing Date (in the case of the Class B Liquidity Facility) (such 25th day, the “Notice Date”), the Liquidity Provider under either a Liquidity Facility shall have advised the Subordination Agent that the Expiry Date under such Liquidity Facility shall not be extended beyond such anniversary date and on or before such Notice Date, such Liquidity Facility shall not have been replaced in accordance with Section 3.5(e), the Subordination Agent shall, on the Notice Date (or as soon as possible thereafter), in accordance with the terms of such Liquidity Facility (a “Non-Extended Facility”), request a drawing under such expiring Liquidity Facility (such drawing, a “Non-Extension Drawing”) of the Available Amount thereunder. Amounts drawn pursuant to a Non-Extension Drawing shall be maintained and invested in accordance with Section 3.5(f) hereof.

Appears in 5 contracts

Samples: Intercreditor Agreement (United Airlines, Inc.), Intercreditor Agreement (United Airlines, Inc.), Intercreditor Agreement (United Airlines, Inc.)

Non-Extension Drawings. Except in the case of a with respect to either Liquidity Facility that is scheduled to expire on a date (the “Stated Expiration Date”) no earlier than 15 days after the Final Legal Distribution Date for the related Class of Certificates, if in any calendar year before the 25th day prior to the an anniversary date of the Closing Date in such calendar year (such 25th day, the “Notice Date”), ) the relevant Liquidity Provider under either Liquidity Facility shall have advised the Subordination Agent that the Expiry Date under such applicable Liquidity Facility shall not be extended beyond such anniversary date and on or before such the Notice Date, Date such Liquidity Facility shall not have been replaced in accordance with Section 3.5(e), the Subordination Agent shall, on the Notice Date (or as soon as possible thereafter), in accordance with the terms of such the expiring Liquidity Facility (a “Non-Extended Facility”), request a drawing under such expiring Liquidity Non-Extended Facility (such drawing, a “Non-Extension Drawing”) of the Available Amount thereunder. Amounts drawn pursuant to a Non-Extension Drawing shall be maintained and invested in accordance with Section 3.5(f) hereof.

Appears in 3 contracts

Samples: Intercreditor Agreement (Us Airways Inc), Intercreditor Agreement (Us Airways Inc), Intercreditor Agreement (Us Airways Inc)

Non-Extension Drawings. Except in the case of a Liquidity Facility that is scheduled to expire on a date no earlier than 15 days after the Final Legal Distribution Date for the related Class of Certificates, if in any calendar year before the 25th day prior to the anniversary date of the Closing Date in such calendar year (such 25th day, the “Notice Date”), the Liquidity Provider under either a Liquidity Facility shall have advised the Subordination Agent that the Expiry Date under such Liquidity Facility shall not be extended beyond such anniversary date and on or before such Notice Date, such Liquidity Facility shall not have been replaced in accordance with Section 3.5(e), the Subordination Agent shall, on the Notice Date (or as soon as possible thereafter), in accordance with the terms of such Liquidity Facility (a “Non-Extended Facility”), request a drawing under such expiring Liquidity Facility (such drawing, a “Non-Extension Drawing”) of the Available Amount thereunder. Amounts drawn pursuant to a Non-Extension Drawing shall be maintained and invested in accordance with Section 3.5(f) hereof.

Appears in 3 contracts

Samples: Intercreditor Agreement (United Airlines, Inc.), Intercreditor Agreement (United Airlines, Inc.), Intercreditor Agreement (United Airlines, Inc.)

Non-Extension Drawings. Except in the case of a with respect to any Liquidity Facility that is scheduled to expire on a date (the “Stated Expiration Date”) no earlier than 15 days after the Final Legal Distribution Date for the related Class of Certificates, if in any calendar year before the 25th day prior to the any anniversary date of the Closing Date in such calendar year (such 25th day, the “Notice Date”), the ) any Liquidity Provider under either Liquidity Facility shall have advised the Subordination Agent that the Expiry Date under such its Liquidity Facility shall not be extended beyond such anniversary date and on or before such the Notice Date, Date such Liquidity Facility shall not have been replaced in accordance with Section 3.5(e), the Subordination Agent shall, on the Notice Date (or as soon as possible thereafter), in accordance with the terms of such the expiring Liquidity Facility (a “Non-Extended Facility”), request a drawing under such expiring Liquidity Facility (such drawing, a “Non-Extension Drawing”) of the Available Amount thereunder. Amounts drawn pursuant to a Non-Extension Drawing shall be maintained and invested in accordance with Section 3.5(f) hereof.

Appears in 1 contract

Samples: Intercreditor Agreement (United Air Lines Inc)

Non-Extension Drawings. Except in the case of With respect to a Liquidity Facility that is scheduled to expire on a date no (the “Stated Expiration Date”) earlier than 15 days after the Final Legal Distribution Date (the “Final Expiration Date”) for the related Class of Certificates, if in any calendar year before the 25th day prior to the anniversary date of the Closing such Stated Expiration Date in such calendar year (such 25th day, the “Notice Date”), ) the relevant Liquidity Provider under either shall not have extended the applicable Liquidity Facility to the earlier of 364 days after such Stated Expiration Date or such Final Expiration Date or shall have advised the Subordination Agent that the Expiry Date under such applicable Liquidity Facility shall not be extended beyond such anniversary date so extended, and on or before such the Notice Date, Date such Liquidity Facility shall not have been replaced in accordance with Section 3.5(e), the Subordination Agent shall, on the Notice Date (or as soon as possible thereafterthereafter and in any event not later than the Stated Expiration Date), in accordance with the terms of such the expiring Liquidity Facility (a “Non-Extended Facility”), request a drawing under such expiring Liquidity Non-Extended Facility (such drawing, a “Non-Extension Drawing”) of the Available Amount thereunder. Amounts drawn pursuant to a Non-Extension Drawing shall be maintained and invested in accordance with Section 3.5(f) hereof.

Appears in 1 contract

Samples: Intercreditor Agreement (Us Airways Inc)

Non-Extension Drawings. Except in if the case of a Liquidity Facility that is scheduled to expire on a date (the “Stated Expiration Date”) no earlier than 15 days after the Final Legal Distribution Date for the related Class of A Certificates, if in any calendar year before the 25th day prior to the any anniversary date of the Closing Issuance Date in such calendar year (such 25th day, the “Notice Date”), ) the Liquidity Provider under either Liquidity Facility shall have advised the Subordination Agent that the Expiry Date under such Liquidity Facility shall not be extended beyond such anniversary date and on or before such the Notice Date, such Date the Liquidity Facility shall not have been replaced in accordance with Section 3.5(e), the Subordination Agent shall, on the Notice Date (or as soon as possible thereafter), in accordance with the terms of such the Liquidity Facility (a “Non-Extended Facility”), request a drawing under such expiring the Liquidity Facility (such drawing, a “Non-Extension Drawing”) of the Available Amount thereunder. Amounts drawn pursuant to a Non-Extension Drawing shall be maintained and invested in accordance with Section 3.5(f) hereof.

Appears in 1 contract

Samples: Intercreditor Agreement (United Air Lines Inc)

Non-Extension Drawings. Except in At any time after the case second anniversary of the date of this Agreement, the Liquidity Provider of a Liquidity Facility that is scheduled with respect to expire on any Class of Certificates may, at its option, notify the Subordination Agent and ATA of the early termination of such Liquidity Facility pursuant to Section 2.10 of such Liquidity Facility, (a "Non-Extended Facility"), specifying the date no of early termination, which shall be not earlier than 15 days the 40th day after the Final Legal Distribution Date for date of such notice (the related Class of Certificates, if in any calendar year before "Early Termination Date"). If on or prior to the 25th 15th day prior to the anniversary date of the Closing Early Termination Date in such calendar year (such 25th day, the “Notice Date”), the Liquidity Provider under either Liquidity Facility shall have advised the Subordination Agent that the Expiry Date under such Liquidity Facility shall not be extended beyond such anniversary date and on or before such Notice Date, such Liquidity Facility there shall not have been replaced delivered to the Borrower a Replacement Liquidity Facility as provided in accordance with Section 3.5(e)3.6(e) hereof, the Subordination Agent shall, on the Notice Date such 15th day (or as soon as possible thereafter), in accordance with and to the extent permitted by the terms of such Liquidity Facility (a “the Non-Extended Facility”), request a drawing under such expiring Liquidity Non-Extended Facility (such drawing, a "Non-Extension Drawing") of the Available Amount all available and undrawn amounts thereunder. Amounts drawn pursuant to a Non-Extension Drawing shall be maintained and invested in accordance with Section 3.5(f3.6(f) hereof.

Appears in 1 contract

Samples: Intercreditor Agreement (Ata Holdings Corp)

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Non-Extension Drawings. Except in the case of a If any Liquidity Facility that with respect to any Class of Certificates is scheduled to expire on a date no earlier than 15 (the “Stated Expiration Date”) prior to the date that is fifteen (15) days after the Final Legal Distribution Date for the related such Class of Certificates, then the following provisions shall apply: (i) In the case of any initial Liquidity Facility in effect as of the Closing Date or any other Liquidity Facility having extension provisions identical to those set forth in Section 2.10 of any initial Liquidity Facility, then, if in any calendar year before the 25th day prior to the any anniversary date of the Closing Date in such calendar year (such 25th day, the “Notice Date”), ) the Liquidity Provider under either Liquidity Facility shall have advised the Subordination Agent and American that the Expiry Date under such Liquidity Facility shall not be extended beyond such the immediately following anniversary date of the Closing Date and on or before such the Notice Date, Date such Liquidity Facility shall not have been replaced in accordance with Section 3.5(e3.05(e), the Subordination Agent shall, on the Notice Date (or as soon thereafter as possible thereafter), in accordance with but prior to the terms date of such expiration of the expiring Liquidity Facility (a “Non-Extended Facility”)), in accordance with the terms of such Non-Extended Facility, request a drawing under such expiring Liquidity Non-Extended Facility (such drawing, a “Non-Extension Drawing”) of the Available Amount all available and undrawn amounts thereunder. Amounts drawn pursuant to a Non-Extension Drawing shall be maintained and invested in accordance with Section 3.5(f) hereof.

Appears in 1 contract

Samples: Trust Supplement

Non-Extension Drawings. Except in if the case of a Liquidity Facility that with respect to any Class of Certificates is scheduled to expire on a date (the “Stated Expiration Date”) no earlier than 15 days after the Final Legal Distribution Date for the related such Class of Certificates, if in any calendar year before the 25th day prior to the any anniversary date of the Closing Date in such calendar year (such 25th day, the “Notice Date”), ) the relevant Liquidity Provider under either Liquidity Facility shall have advised the Subordination Agent that the Expiry Date under such applicable Liquidity Facility shall not be extended beyond such anniversary date and on or before such the Notice Date, Date such Liquidity Facility shall not have been replaced in accordance with Section 3.5(e), the Subordination Agent shall, on the date on the Notice Date (or as soon as possible thereafter), in accordance with the terms of such the expiring Liquidity Facility (a “Non-Extended Facility”), request a drawing under such expiring Liquidity Facility (such drawing, a “Non-Extension Drawing”) of the Available Amount thereunder. Amounts drawn pursuant to a Non-Extension Drawing shall be maintained and invested in accordance with Section 3.5(f) hereof.

Appears in 1 contract

Samples: Intercreditor Agreement (Us Airways Inc)

Non-Extension Drawings. Except in the case of a Liquidity Facility that is scheduled to expire on a date no earlier than 15 days after the Final Legal Distribution Date for the related Class of Certificates, if in any calendar year before the 25th day prior to the anniversary date of the applicable Closing Date for such Class of Certificates in such calendar year (such 25th day, the “Notice Date”), the Liquidity Provider under either any Liquidity Facility shall have advised the Subordination Agent that the Expiry Date under such Liquidity Facility shall not be extended beyond such anniversary date and on or before such Notice Date, such Liquidity Facility shall not have been replaced in accordance with Section 3.5(e), the Subordination Agent shall, on the Notice Date (or as soon as possible thereafter), in accordance with the terms of such Liquidity Facility (a “Non-Extended Facility”), request a drawing under such expiring Liquidity Facility (such drawing, a “Non-Extension Drawing”) of the Available Amount thereunder. Amounts drawn pursuant to a Non-Extension Drawing shall be maintained and invested in accordance with Section 3.5(f) hereof.

Appears in 1 contract

Samples: Intercreditor Agreement (United Airlines, Inc.)

Non-Extension Drawings. Except in the case of a Liquidity Facility that is scheduled to expire on a date no earlier than 15 days after the Final Legal Distribution Date for the related Class of CertificatesDate, if in any calendar year before the 25th day prior to the anniversary date of the Closing Date in such calendar year (such 25th day, the “Notice Date”), the Liquidity Provider under either any Liquidity Facility shall have advised the Subordination Agent that the Expiry Date under such Liquidity Facility shall not be extended beyond such anniversary date and on or before such Notice Date, such Liquidity Facility shall not have been replaced in accordance with Section 3.5(e), the Subordination Agent shall, on the Notice Date (or as soon as possible thereafter), in accordance with the terms of such Liquidity Facility (a “Non-Extended Facility”), request a drawing under such expiring Liquidity Facility (such drawing, a “Non-Extension Drawing”) of the Available Amount thereunder. Amounts drawn pursuant to a Non-Extension Drawing shall be maintained and invested in accordance with Section 3.5(f) hereof.

Appears in 1 contract

Samples: Intercreditor Agreement (United Airlines, Inc.)

Non-Extension Drawings. Except in The Liquidity Provider shall advise the case of a Liquidity Facility that is scheduled to expire on a date Subordination Agent, no earlier than 15 days after the Final Legal Distribution Date for the related Class of Certificates, if in any calendar year before 40th day and no later than the 25th day prior to the anniversary scheduled expiration date (the “Stated Expiration Date”) then in effect for the Liquidity Facility of the Closing Date in such calendar year Liquidity Provider (such 25th dayperiod, with respect to such Liquidity Facility, the “Notice DateTermination Period”), if it determines, in its sole and absolute discretion, that the Stated Expiration Date shall not be extended. If the Liquidity Provider under either Liquidity Facility shall have advised so advises the Subordination Agent that the Expiry Date under and such Liquidity Facility shall is not be extended beyond such anniversary date and on or before such Notice Date, such Liquidity Facility shall not have been replaced in accordance with Section 3.5(e)) on or before the date on which such Termination Period ends, the Subordination Agent shall, on the Notice Date date on which such Termination Period ends (or as soon as possible thereafter), in accordance with and to the extent permitted by the terms of such the expiring Liquidity Facility (a “Non-Extended Facility”), request a drawing under such expiring Liquidity Facility (such drawing, a “Non-Extension Drawing”) of the Available Amount all available and undrawn amounts thereunder. Amounts drawn pursuant to a any Non-Extension Drawing shall be maintained and invested in accordance with Section 3.5(f) hereof.

Appears in 1 contract

Samples: Intercreditor Agreement (Northwest Airlines Corp)

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