Common use of Payment by Subordination Agent Clause in Contracts

Payment by Subordination Agent. (a) All of the fees, expenses and disbursements set forth in Sections 3.02 and 3.03(c) shall be payable by JetBlue as provided in such Sections. To the extent of JetBlue’s failure to pay any such fees, expenses and disbursements, the Subordination Agent shall pay such amounts pursuant to the Operative Documents. (b) Notwithstanding anything herein to the contrary, all payments to be made by the Subordination Agent under this Section 3.07 shall be made only from the amounts that constitute Scheduled Payments, Special Payments or payments under Section 7 of the Participation Agreements and only to the extent that the Subordination Agent shall have sufficient income or proceeds therefrom to enable the Subordination Agent to make payments in accordance with the terms of the Intercreditor Agreement. The Policy Provider agrees that with respect to payments to be made by the Subordination Agent (i) it will look solely to such amount to the extent available for distribution to it as provided in the Intercreditor Agreement, and (ii) the Subordination Agent, in its individual capacity, is not personally liable to it for any amounts payable or liability under this letter except as expressly provided in the Intercreditor Agreement.

Appears in 2 contracts

Samples: Insurance and Indemnity Agreement (Jetblue Airways Corp), Insurance and Indemnity Agreement (Jetblue Airways Corp)

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Payment by Subordination Agent. (a) All of the fees, expenses and disbursements set forth in Sections Section 3.02 and 3.03(c) shall be payable by JetBlue as provided in such SectionsSection. To the extent of JetBlue’s 's failure to pay any such fees, expenses and disbursements, the Subordination Agent shall pay such amounts pursuant to the Operative DocumentsAgreements. (b) Notwithstanding anything herein to the contrary, all payments to be made by the Subordination Agent under this Section 3.07 3.06 shall be made only from the amounts that constitute Scheduled Payments, Special Payments or payments to which MBIA is entitled under Section 7 8 of the Participation Agreements Note Purchase Agreement and only to the extent that the Subordination Agent shall have sufficient income or proceeds therefrom to enable the Subordination Agent to make payments in accordance with the terms of the Intercreditor Agreement. The Policy Provider agrees that with respect to payments to be made by the Subordination Agent (i) it will look solely to such amount to the extent available for distribution to it as provided in the Intercreditor Agreement, Agreement and (ii) the Subordination Agent, in its individual capacity, is not personally liable to it for any amounts payable or liability under this letter Insurance Agreement except as expressly provided in the Intercreditor Agreement.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (Jetblue Airways Corp)

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Payment by Subordination Agent. (a) All of the fees, expenses and disbursements set forth in Sections Section 3.02 and 3.03(c) shall be payable by JetBlue Continental as provided in such SectionsSection. To the extent of JetBlueContinental’s failure to pay any such fees, expenses and disbursements, the Subordination Agent shall pay such amounts pursuant to the Operative Documents. (b) Notwithstanding anything herein to the contrary, all payments to be made by the Subordination Agent under this Section 3.07 3.06 shall be made only from the amounts that constitute Scheduled Payments, Special Payments or payments to which FGIC is entitled under Section 7 8 of the Participation Agreements Note Purchase Agreement and only to the extent that the Subordination Agent shall have sufficient income or proceeds therefrom to enable the Subordination Agent to make payments in accordance with the terms of the Intercreditor Agreement. The Policy Provider agrees that with respect to payments to be made by the Subordination Agent (i) it will look solely to such amount to the extent available for distribution to it as provided in the Intercreditor Agreement, Agreement and (ii) the Subordination Agent, in its individual capacity, is not personally liable to it for any amounts payable or liability under this letter Insurance Agreement except as expressly provided in the Intercreditor Agreement.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (Continental Airlines Inc /De/)

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