Common use of Payment of Note Principal Clause in Contracts

Payment of Note Principal. (a) MANDATORY REDEMPTIONS DURING SERIES 2001-2 RAPID AMORTIZATION PERIOD. Commencing on the first Determination Date following the commencement of the Series 2001-2 Rapid Amortization Period (such date, the "INITIAL RAPID PRINCIPAL DETERMINATION DATE"), and on each subsequent Determination Date thereafter, the Administrator shall instruct the Trustee and the Paying Agent in writing pursuant to the Administration Agreement and in accordance with this Section 3.5 as to (i) the amount allocated to the Series 2001-2 Notes of each Class during the Related Month pursuant to Section 3.2(c)(ii) or (d)(ii) of this Supplement, as the case may be, (ii) any amounts to be withdrawn from the Series 2001-2 Reserve Account or the Series 2001-1 Cash Collateral Account and deposited into the Series 2001-2 Distribution Account, (iii) any amounts to be drawn on the Series 2001-2 Letters of Credit and (iv) the amount of any demand on the Surety Bond in accordance with the terms thereof. On the first Principal Distribution Date with respect to the Series 2001-2 Notes of each Class occurring on or after the First Potential Series 2001-2 Redemption Date, commencing with the First Potential Series 2001-2 Redemption Date occurring in the month in which the Initial Rapid Principal Determination Date occurs, the Trustee shall withdraw the amount allocated to the Series 2001-2 Notes of such Class during the Series 2001-2 Related Month with respect to such Principal Distribution Date pursuant to Section 3.2(c)(ii) or (d)(ii) of this Supplement, as the case may be, from the Series 2001-2 Collection Account and deposit such amount in the Series 2001-2 Distribution Account, to be applied to redeem Series 2001-2 Notes of such Class in accordance with Section 7.2 of this Supplement. The entire principal amount of all outstanding Class A-1 Notes shall be due and payable on the Class A-1 Final Distribution Date. The entire principal amount of all outstanding Class A-2 Notes shall be due and payable on the Class A-2 Final Distribution Date. The entire principal amount of all outstanding Class A-3 Notes shall be due and payable on the Class A-3 Final Distribution Date. The entire principal amount of all outstanding Class A-4 Notes shall be due and payable on the Class A-4 Final Distribution Date. (a) FINAL DISTRIBUTION DATE. If the amount to be deposited in the Series 2001-2 Distribution Account in accordance with SECTION 3.5 above with respect to the Series 2001-2 Final Distribution Date is less than the Class A-1 Outstanding Principal Amount, the Class A-2 Outstanding Principal Amount, the Class A-3 Outstanding Principal Amount or the Class A-4 Outstanding Principal Amount, as the case may be, on such Series 2001-2 Final Distribution Date, then, prior to 10:00 a.m. (New York City time) on the second Business Day prior to such Series 2001-2 Final Distribution Date, the Administrator shall instruct the Trustee in writing to withdraw from the Series 2001-2 Reserve Account, an amount equal to the lesser of the Series 2001-2 Available Reserve Account Amount and such insufficiency and deposit it in the Series 2001-2 Distribution Account on the Series 2001-2 Final Distribution Date. The Trustee shall withdraw such amount from the Series 2001-2 Reserve Account and deposit such amount in the Series 2001-2 Distribution Account on or prior to the Series 2001-2 Final Distribution Date. If the Series 2001-2 Available Reserve Account Amount is less than such insufficiency and there are any Series 2001-2 Letters of Credit on such date, then, prior to 10:00 a.m. (New York City time) on the second Business Day prior to such Series 2001-2 Final Distribution Date, the Administrator shall instruct the Trustee in writing to make a demand (a "DEMAND NOTICE") substantially in the form attached hereto as EXHIBIT G on the Demand Note Issuers for payment under the Series 2001-2 Demand Notes in an amount equal to the least of (i) the aggregate outstanding principal amount of the Series 2001-2 Demand Notes, (ii) such remaining insufficiency and (iii) the Series 2001-2 Letter of Credit Liquidity Amount. The Trustee shall, prior to 12:00 noon (New York City time) on the second Business Day preceding the Series 2001-2 Final Distribution Date, deliver such Demand Notice to the Demand Note Issuers; PROVIDED, HOWEVER that if an Event of Bankruptcy (or the occurrence of an event described in clause (a) of the definition thereof, without the lapse of a period of 60 consecutive days) with respect to a Demand Note Issuer shall have occurred and be continuing, the Trustee shall not be required to deliver such Demand Notice to the Demand Note Issuers. The Trustee shall cause the proceeds of any demand on the Series 2001-2 Demand Notes to be deposited into the Series 2001-2 Distribution Account. In the event that either (x) on or prior to 10:00 a.m. (New York City time) on the Business Day immediately preceding any Distribution Date next succeeding any date on which a Demand Notice has been transmitted by the Trustee to the Demand Note Issuers pursuant to this SECTION 3.5(a), the Demand Note Issuers shall have failed to pay to the Trustee or deposit into the Series 2001-2 Distribution Account the amount specified in such Demand Notice in whole or in part or (y) due to the occurrence of an Event of Bankruptcy (or the occurrence of an event described in clause (a) of the definition thereof, without the lapse of a period of 60 consecutive days) with respect to one or more of the Demand Note Issuers, the Trustee shall not have delivered such Demand Notice to the Demand Note Issuers, on the second Business Day preceding the Series 2001-2 Final Distribution Date, the Trustee shall draw on the Series 2001-2 Letters of Credit by 12:00 noon (New York City time) on such Business Day an amount equal to the lesser of (a) the amount that the Demand Note Issuers failed to pay under the Series 2001-2 Demand Notes (or, the amount that the Trustee failed to demand for payment thereunder) and (b) the Series 2001-2 Letter of Credit Amount on such Business Day by presenting to each Series 2001-2 Letter of Credit Provider a draft accompanied by a Certificate of Unpaid Demand Note Demand; PROVIDED, HOWEVER that if the Series 2001-2 Cash Collateral Account has been established and funded, the Trustee shall withdraw from the Series 2001-2 Cash Collateral Account and deposit in the Series 2001-2 Distribution Account an amount equal to the lesser of (x) the Series 2001-2 Cash Collateral Percentage on such Business Day of the amount that the Demand Note Issuers failed to pay under the Series 2001-2 Demand Notes (or, the amount that the Trustee failed to demand for payment thereunder) and (y) the Series 2001-2 Available Cash Collateral Account Amount on such Business Day and draw an amount equal to the remainder of the amount that the Demand Note Issuers failed to pay under the Series 2001-2 Demand Notes (or, the amount that the Trustee failed to demand for payment thereunder) on the Series 2001-2 Letters of Credit. The Trustee shall deposit, or cause the deposit of, the proceeds of any draw on the Series 2001-2 Letters of Credit and the proceeds of any withdrawal from the Series 2001-2 Cash Collateral Account to be deposited in the Series 2001-2 Distribution Account. If, after giving effect to the deposit into the Series 2001-2 Distribution Account of the amount to be deposited in accordance with SECTION 3.5(a) above and the amounts described in the preceding three 42 sentences, the amount to be deposited in the Series 2001-2 Distribution Account with respect to the Series 2001-2 Final Distribution Date is or will be less than the Series 2001-2 Invested Amount, as the case may be, the Trustee shall make a demand on the Surety Bond by 12:00 p.m. (New York City time) on the second Business Day preceding such Distribution Date in an amount equal to such insufficiency in accordance with the terms thereof (PROVIDED that for the purposes of a draw on the Surety Bond, the phrase "amounts in the Series 2001-2 Accrued Interest Account and the Series 2001-2 Reserve Account" in the Surety Bond shall include, without duplication, the Series 2001-2 Liquidity Amount) and shall cause the proceeds thereof to be deposited in the Series 2001-2 Distribution Account.

Appears in 1 contract

Samples: Amended and Restated Series 2001 2 Supplement (Avis Group Holdings Inc)

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Payment of Note Principal. (a) MANDATORY REDEMPTIONS DURING SERIES 2001-2 RAPID AMORTIZATION PERIOD. Commencing on the first Determination Date following after the commencement of the Series 20011999-2 1 Rapid Amortization Period (such date, the "INITIAL RAPID PRINCIPAL DETERMINATION DATE"), and on each subsequent Determination Date thereafter, the Administrator Servicer shall instruct the Trustee and the Paying Agent in writing pursuant to the Administration Agreement and in accordance with this Section 3.5 as to (i) the amount allocated to the Series 20011999-2 1 Notes of each Class during the Related Month pursuant to Section 3.2(c)(ii) or (d)(ii3.2(b)(ii) of this SupplementSeries Supplement and, as applicable, allocated pursuant to the case may be, (iilast sentence of Section 3.2(c) any amounts to be withdrawn from the of this Series 2001-2 Reserve Account or the Series 2001-1 Cash Collateral Account and deposited into the Series 2001-2 Distribution Account, (iii) any amounts to be drawn on the Series 2001-2 Letters of Credit and (iv) the amount of any demand on the Surety Bond in accordance with the terms thereofSupplement. On the first Principal Distribution Date with respect to the Series 2001-2 Notes of following each Class occurring on or after the First Potential Series 2001-2 Redemption such Determination Date, commencing with the First Potential Series 2001-2 Redemption Date occurring in the month in which the Initial Rapid Principal Determination Date occurs, the Trustee shall withdraw the amount allocated to the Series 20011999-2 1 Notes of such Class during the Series 2001-2 Related Month with respect to such Principal Distribution Date pursuant to Section 3.2(c)(ii) or (d)(ii3.2(b)(ii) of this SupplementSeries Supplement and, as applicable, allocated pursuant to the case may belast sentence of Section 3.2(c) of this Series Supplement, from the Series 2001-2 Collection Account and deposit such amount in the Series 2001-2 Distribution Accountand, to be applied to redeem Series 2001-2 Notes of such Class in accordance with Section 7.2 6.1 of this Supplementthe Base Indenture, pay such amount to the Series 1999-1 Noteholder, to the extent necessary to pay the Series 1999-1 Invested Amount during the Series 1999-1 Rapid Amortization Period. The entire principal amount of all outstanding Class A-1 Outstanding Series 1999-1 Notes shall be due and payable on the Class A-1 Final Distribution Date. The entire principal amount of all outstanding Class A-2 Notes shall be due and payable on the Class A-2 Final Distribution Date. The entire principal amount of all outstanding Class A-3 Notes shall be due and payable on the Class A-3 Final Distribution Date. The entire principal amount of all outstanding Class A-4 Notes shall be due and payable on the Class A-4 Final Distribution Series 1999-1 Termination Date. (ab) FINAL DISTRIBUTION DATE. If the amount to be deposited in On any Business Day during the Series 20011999-2 Distribution 1 Revolving Period on which a Decrease pursuant to Section 2.2 of this Series Supplement is being made, the Trustee shall withdraw from the Collection Account in accordance with SECTION 3.5 above with respect to the Series 2001-2 Final Distribution Date is less than the Class A-1 Outstanding Principal Amount, the Class A-2 Outstanding Principal Amount, the Class A-3 Outstanding Principal Amount or the Class A-4 Outstanding Principal Amount, as the case may be, on such Series 2001-2 Final Distribution Date, then, prior to 10:00 a.m. (New York City time) on the second Business Day prior to such Series 2001-2 Final Distribution Date, the Administrator shall instruct the Trustee in writing to withdraw from the Series 2001-2 Reserve Account, an amount equal to the lesser written instructions of the Series 2001-2 Available Reserve Account Amount and such insufficiency and deposit it in the Series 2001-2 Distribution Account on the Series 2001-2 Final Distribution Date. The Trustee shall withdraw such amount from the Series 2001-2 Reserve Account and deposit such amount in the Series 2001-2 Distribution Account on or prior to the Series 2001-2 Final Distribution Date. If the Series 2001-2 Available Reserve Account Amount is less than such insufficiency and there are any Series 2001-2 Letters of Credit on such date, then, prior to 10:00 a.m. (New York City time) on the second Business Day prior to such Series 2001-2 Final Distribution Date, the Administrator shall instruct the Trustee in writing to make a demand (a "DEMAND NOTICE") substantially in the form attached hereto as EXHIBIT G on the Demand Note Issuers for payment under the Series 2001-2 Demand Notes in an amount equal to the least of (i) the aggregate outstanding principal amount of the Series 2001-2 Demand Notes, (ii) such remaining insufficiency and (iii) the Series 2001-2 Letter of Credit Liquidity Amount. The Trustee shall, prior to 12:00 noon (New York City time) on the second Business Day preceding the Series 2001-2 Final Distribution Date, deliver such Demand Notice to the Demand Note Issuers; PROVIDED, HOWEVER that if an Event of Bankruptcy (or the occurrence of an event described in clause (a) of the definition thereof, without the lapse of a period of 60 consecutive days) with respect to a Demand Note Issuer shall have occurred and be continuing, the Trustee shall not be required to deliver such Demand Notice to the Demand Note Issuers. The Trustee shall cause the proceeds of any demand on the Series 2001-2 Demand Notes to be deposited into the Series 2001-2 Distribution Account. In the event that either (x) on or prior to 10:00 a.m. (New York City time) on the Business Day immediately preceding any Distribution Date next succeeding any date on which a Demand Notice has been transmitted by the Trustee to the Demand Note Issuers pursuant to this SECTION 3.5(a), the Demand Note Issuers shall have failed to pay to the Trustee or deposit into the Series 2001-2 Distribution Account the amount specified in such Demand Notice in whole or in part or (y) due to the occurrence of an Event of Bankruptcy (or the occurrence of an event described in clause (a) of the definition thereof, without the lapse of a period of 60 consecutive days) with respect to one or more of the Demand Note Issuers, the Trustee shall not have delivered such Demand Notice to the Demand Note Issuers, on the second Business Day preceding the Series 2001-2 Final Distribution Date, the Trustee shall draw on the Series 2001-2 Letters of Credit by 12:00 noon (New York City time) on such Business Day Servicer an amount equal to the lesser of (ai) the amount that the Demand Note Issuers failed funds then allocated to pay under the Series 20011999-2 Demand Notes 1 Excess Collection Account (or, the amount that the Trustee failed including proceeds from any Increase and any amounts allocated to demand for payment thereunder) and (b) the Series 20011999-2 Letter 1 Excess Collection Account pursuant to Section 3.2(c) of Credit this Series Supplement), after giving effect to any payment of the ARG Mandatory Prepayment Amount on such Business Day by presenting Day, and (ii) the amount of such Decrease, and pay such amount to each Series 2001-2 Letter of Credit Provider a draft accompanied by a Certificate of Unpaid Demand Note Demand; PROVIDED, HOWEVER that if the Series 20011999-2 Cash Collateral Account has been established and funded1 Noteholder. (c) On any Business Day on which funds are available pursuant to Section 3.2(c) of this Series Supplement to pay any ARG Mandatory Prepayment Amount, the Trustee shall withdraw from the Series 2001-2 Cash Collateral Collection Account and deposit in accordance with the Series 2001-2 Distribution Account written instructions of the Servicer an amount equal to the lesser of (xi) the Series 2001-2 Cash Collateral Percentage on such Business Day of the amount that the Demand Note Issuers failed funds then allocated to pay under the Series 20011999-2 Demand Notes 1 Excess Collection Account (or, including proceeds from any Increase and any amounts deposited by the amount that Issuer in the Trustee failed Series 1999-1 Excess Collection Account pursuant to demand for payment thereunderSection 3.2(c) of this Series Supplement) and (yii) the Series 2001-2 Available Cash Collateral Account Amount on amount of such Business Day ARG Mandatory Prepayment Amount, and draw an pay such amount equal to the remainder of the amount that the Demand Note Issuers failed to pay under the Series 2001-2 Demand Notes (or, the amount that the Trustee failed to demand for payment thereunder) on the Series 2001-2 Letters of Credit. The Trustee shall deposit, or cause the deposit of, the proceeds of any draw on the Series 2001-2 Letters of Credit and the proceeds of any withdrawal from the Series 2001-2 Cash Collateral Account to be deposited in the Series 2001-2 Distribution Account. If, after giving effect to the deposit into the Series 2001-2 Distribution Account of the amount to be deposited in accordance with SECTION 3.5(a) above and the amounts described in the preceding three 42 sentences, the amount to be deposited in the Series 2001-2 Distribution Account with respect to the Series 20011999-2 Final Distribution Date is or will be less than the Series 2001-2 Invested Amount, as the case may be, the Trustee shall make a demand on the Surety Bond by 12:00 p.m. (New York City time) on the second Business Day preceding such Distribution Date in an amount equal to such insufficiency in accordance with the terms thereof (PROVIDED that for the purposes of a draw on the Surety Bond, the phrase "amounts in the Series 2001-2 Accrued Interest Account and the Series 2001-2 Reserve Account" in the Surety Bond shall include, without duplication, the Series 2001-2 Liquidity Amount) and shall cause the proceeds thereof to be deposited in the Series 2001-2 Distribution Account1 Noteholder.

Appears in 1 contract

Samples: Fifth Amended and Restated Series 1999 1 Supplement (Vanguard Car Rental Group Inc.)

Payment of Note Principal. (a) MANDATORY REDEMPTIONS DURING SERIES 2001Monthly Payments During Series 2009-2 RAPID AMORTIZATION PERIODControlled Amortization Period or Series 2009-2 Rapid Amortization Period. Commencing with (i) the second Determination Date during the Three-Year Notes Controlled Amortization Period, and on each Determination Date thereafter during the Three-Year Notes Controlled Amortization Period, and (ii) the earlier of the second Determination Date during the Five-Year Notes Controlled Amortization Period and the first Determination Date following the commencement of during the Series 20012009-2 Rapid Amortization Period (such date, the "INITIAL RAPID PRINCIPAL DETERMINATION DATE")Period, and on each subsequent Determination Date thereafter, the Administrator shall instruct the Trustee and the Paying Agent in writing pursuant to the Administration Agreement and in accordance with this Section 3.5 as to (iv) the amount allocated to the Series 2001-2 Notes of each Class of the Class A Notes pursuant to Section 2.2(b)(ii) during the Related Month pursuant to or Section 3.2(c)(ii) or (d)(ii2.2(c)(ii) of this SupplementSeries Supplement during the applicable Series 2009-2 Rapid Amortization Collection Period, as the case may be, prior to such date and not previously deposited into the Series 2009-2 Distribution Account for payment to the Class A Noteholders of the applicable Class of Class A Notes, (iiw) any amounts to be withdrawn from the Series 2001-2 Class A Reserve Account or the Series 2001-1 Cash Collateral Account and deposited into the Series 20012009-2 Distribution Account, (iiix) any amounts to be drawn on the Series 2001-2 Class A Letters of Credit (and/or withdrawn from any Class A Cash Collateral Account) and (ivy) the amount of any demand on the Surety Bond in accordance with the terms thereof. On the first Principal Distribution Date with respect to be made under the Series 20012009-2 Notes of each Class occurring on or after the First Potential Series 2001-2 Redemption Date, commencing with the First Potential Series 2001-2 Redemption Date occurring in the month in which the Initial Rapid Principal Determination Date occurs, the Trustee shall withdraw the amount allocated to the Series 2001-2 Notes of such Class during the Series 2001-2 Related Month with respect to such Principal Distribution Date pursuant to Section 3.2(c)(ii) or (d)(ii) of this Supplement, as the case may be, from the Series 2001-2 Collection Account and deposit such amount in the Series 2001-2 Distribution Account, to be applied to redeem Series 2001-2 Notes of such Class in accordance with Section 7.2 of this Supplement. The entire principal amount of all outstanding Class A-1 Notes shall be due and payable on the Class A-1 Final Distribution Date. The entire principal amount of all outstanding Class A-2 Notes shall be due and payable on the Class A-2 Final Distribution Date. The entire principal amount of all outstanding Class A-3 Notes shall be due and payable on the Class A-3 Final Distribution Date. The entire principal amount of all outstanding Class A-4 Notes shall be due and payable on the Class A-4 Final Distribution Date. (a) FINAL DISTRIBUTION DATE. If the amount to be deposited in the Series 2001-2 Distribution Account in accordance with SECTION 3.5 above with respect to the Series 2001-2 Final Distribution Date is less than the Class A-1 Outstanding Principal Amount, the Class A-2 Outstanding Principal Amount, the Class A-3 Outstanding Principal Amount or the Class A-4 Outstanding Principal Amount, as the case may be, on such Series 2001-2 Final Distribution Date, then, prior to 10:00 a.m. (New York City time) on the second Business Day prior to such Series 2001-2 Final Distribution Date, the Administrator shall instruct the Trustee in writing to withdraw from the Series 2001-2 Reserve Account, an amount equal to the lesser of the Series 2001-2 Available Reserve Account Amount and such insufficiency and deposit it in the Series 2001-2 Distribution Account on the Series 2001-2 Final Distribution DateDemand Note. The Trustee shall withdraw such amount from amounts allocated pursuant to Section 2.2(b)(ii) and Section 2.2(c)(ii) of this Series Supplement to pay principal of the Series 2001-2 Reserve Account Class A Notes and deposit such amount amounts in the Series 20012009-2 Distribution Account on or prior to be paid to the Series 2001-2 Final Distribution Date. If the Series 2001-2 Available Reserve Account Amount is less than such insufficiency and there are any Series 2001-2 Letters of Credit on such date, then, prior to 10:00 a.m. (New York City time) on the second Business Day prior to such Series 2001-2 Final Distribution Date, the Administrator shall instruct the Trustee in writing to make a demand (a "DEMAND NOTICE") substantially in the form attached hereto as EXHIBIT G on the Demand Note Issuers for payment under the Series 2001-2 Demand Notes in an amount equal to the least of (i) the aggregate outstanding principal amount Class A Noteholders of the Series 2001-2 Demand applicable Class of Class A Notes, (ii) such remaining insufficiency and (iii) the Series 2001-2 Letter of Credit Liquidity Amount. The Trustee shall, prior to 12:00 noon (New York City time) on the second Business Day preceding the Series 2001-2 Final Distribution Date, deliver such Demand Notice to the Demand Note Issuers; PROVIDED, HOWEVER that if an Event of Bankruptcy (or the occurrence of an event described in clause (a) of the definition thereof, without the lapse of a period of 60 consecutive days) with respect to a Demand Note Issuer shall have occurred and be continuing, the Trustee shall not be required to deliver such Demand Notice to the Demand Note Issuers. The Trustee shall cause the proceeds of any demand on the Series 2001-2 Demand Notes to be deposited into the Series 2001-2 Distribution Account. In the event that either (x) on or prior to 10:00 a.m. (New York City time) on the Business Day immediately preceding any Distribution Date next succeeding any date on which a Demand Notice has been transmitted by the Trustee to the Demand Note Issuers pursuant to this SECTION 3.5(a), the Demand Note Issuers shall have failed to pay to the Trustee or deposit into the Series 2001-2 Distribution Account the amount specified in such Demand Notice in whole or in part or (y) due to the occurrence of an Event of Bankruptcy (or the occurrence of an event described in clause (a) of the definition thereof, without the lapse of a period of 60 consecutive days) with respect to one or more of the Demand Note Issuers, the Trustee shall not have delivered such Demand Notice to the Demand Note Issuers, on the second Business Day preceding the Series 2001-2 Final Distribution Date, the Trustee shall draw on the Series 2001-2 Letters of Credit by 12:00 noon (New York City time) on such Business Day an amount equal to the lesser of (a) the amount that the Demand Note Issuers failed to pay under the Series 2001-2 Demand Notes (or, the amount that the Trustee failed to demand for payment thereunder) and (b) the Series 2001-2 Letter of Credit Amount on such Business Day by presenting to each Series 2001-2 Letter of Credit Provider a draft accompanied by a Certificate of Unpaid Demand Note Demand; PROVIDED, HOWEVER that if the Series 2001-2 Cash Collateral Account has been established and funded, the Trustee shall withdraw from the Series 2001-2 Cash Collateral Account and deposit in the Series 2001-2 Distribution Account an amount equal to the lesser of (x) the Series 2001-2 Cash Collateral Percentage on such Business Day of the amount that the Demand Note Issuers failed to pay under the Series 2001-2 Demand Notes (or, the amount that the Trustee failed to demand for payment thereunder) and (y) the Series 2001-2 Available Cash Collateral Account Amount on such Business Day and draw an amount equal to the remainder of the amount that the Demand Note Issuers failed to pay under the Series 2001-2 Demand Notes (or, the amount that the Trustee failed to demand for payment thereunder) on the Series 2001-2 Letters of Credit. The Trustee shall deposit, or cause the deposit of, the proceeds of any draw on the Series 2001-2 Letters of Credit and the proceeds of any withdrawal from the Series 2001-2 Cash Collateral Account to be deposited in the Series 2001-2 Distribution Account. If, after giving effect to the deposit into the Series 2001-2 Distribution Account of the amount to be deposited in accordance with SECTION 3.5(a) above and the amounts described in the preceding three 42 sentences, the amount to be deposited in the Series 2001-2 Distribution Account with respect to the Series 2001-2 Final Distribution Date is or will be less than the Series 2001-2 Invested Amount, as the case may be, the Trustee shall make a demand on the Surety Bond by 12:00 p.m. (New York City time) on the second Business Day preceding such Distribution Date in an amount equal to such insufficiency in accordance with the terms thereof (PROVIDED that for the purposes of a draw on the Surety Bond, the phrase "amounts in the Series 2001-2 Accrued Interest Account and the Series 2001-2 Reserve Account" in the Surety Bond shall include, without duplication, the Series 2001-2 Liquidity Amount) and shall cause the proceeds thereof to be deposited in the Series 2001-2 Distribution Account.

Appears in 1 contract

Samples: Series Supplement (Hertz Global Holdings Inc)

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Payment of Note Principal. (a) MANDATORY REDEMPTIONS DURING SERIES 2001-2 RAPID AMORTIZATION PERIOD. Commencing on the first Determination Date following after the commencement of the Series 20011999-2 1 Rapid Amortization Period (such date, the "INITIAL RAPID PRINCIPAL DETERMINATION DATE"), and on each subsequent Determination Date thereafter, the Administrator Servicer shall instruct the Trustee and the Paying Agent in writing pursuant to the Administration Agreement and in accordance with this Section 3.5 as to (i) the amount allocated to the Series 20011999-2 1 Notes of each Class during the Related Month pursuant to Section 3.2(c)(ii) or (d)(ii3.2(b)(ii) of this SupplementSeries Supplement and, as applicable, allocated pursuant to the case may be, (iilast sentence of Section 3.2(c) any amounts to be withdrawn from the of this Series 2001-2 Reserve Account or the Series 2001-1 Cash Collateral Account and deposited into the Series 2001-2 Distribution Account, (iii) any amounts to be drawn on the Series 2001-2 Letters of Credit and (iv) the amount of any demand on the Surety Bond in accordance with the terms thereofSupplement. On the first Principal Distribution Date with respect to the Series 2001-2 Notes of following each Class occurring on or after the First Potential Series 2001-2 Redemption such Determination Date, commencing with the First Potential Series 2001-2 Redemption Date occurring in the month in which the Initial Rapid Principal Determination Date occurs, the Trustee shall withdraw the amount allocated to the Series 20011999-2 1 Notes of such Class during the Series 2001-2 Related Month with respect to such Principal Distribution Date pursuant to Section 3.2(c)(ii) or (d)(ii3.2(b)(ii) of this SupplementSeries Supplement and, as applicable, allocated pursuant to the case may belast sentence of Section 3.2(c) of this Series Supplement, from the Series 2001-2 Collection Account and deposit such amount in the Series 2001-2 Distribution Accountand, to be applied to redeem Series 2001-2 Notes of such Class in accordance with Section 7.2 6.1 of this Supplementhe Base Indenture, pay such amount to the Series 1999-1 Noteholder, to the extent necessary to pay the Series 1999-1 Invested Amount during the Series 1999-1 Rapid Amortization Period. The entire principal amount of all outstanding Class A-1 Outstanding Series 1999-1 Notes shall be due and payable on the Class A-1 Final Distribution Date. The entire principal amount of all outstanding Class A-2 Notes shall be due and payable on the Class A-2 Final Distribution Date. The entire principal amount of all outstanding Class A-3 Notes shall be due and payable on the Class A-3 Final Distribution Date. The entire principal amount of all outstanding Class A-4 Notes shall be due and payable on the Class A-4 Final Distribution Series 1999-1 Termination Date. (ab) FINAL DISTRIBUTION DATE. If the amount to be deposited in On any Business Day during the Series 20011999-2 Distribution 1 Revolving Period on which a Decrease pursuant to Section 2.2 of this Series Supplement is being made, the Trustee shall withdraw from the Collection Account in accordance with SECTION 3.5 above with respect to the Series 2001-2 Final Distribution Date is less than the Class A-1 Outstanding Principal Amount, the Class A-2 Outstanding Principal Amount, the Class A-3 Outstanding Principal Amount or the Class A-4 Outstanding Principal Amount, as the case may be, on such Series 2001-2 Final Distribution Date, then, prior to 10:00 a.m. (New York City time) on the second Business Day prior to such Series 2001-2 Final Distribution Date, the Administrator shall instruct the Trustee in writing to withdraw from the Series 2001-2 Reserve Account, an amount equal to the lesser written instructions of the Series 2001-2 Available Reserve Account Amount and such insufficiency and deposit it in the Series 2001-2 Distribution Account on the Series 2001-2 Final Distribution Date. The Trustee shall withdraw such amount from the Series 2001-2 Reserve Account and deposit such amount in the Series 2001-2 Distribution Account on or prior to the Series 2001-2 Final Distribution Date. If the Series 2001-2 Available Reserve Account Amount is less than such insufficiency and there are any Series 2001-2 Letters of Credit on such date, then, prior to 10:00 a.m. (New York City time) on the second Business Day prior to such Series 2001-2 Final Distribution Date, the Administrator shall instruct the Trustee in writing to make a demand (a "DEMAND NOTICE") substantially in the form attached hereto as EXHIBIT G on the Demand Note Issuers for payment under the Series 2001-2 Demand Notes in an amount equal to the least of (i) the aggregate outstanding principal amount of the Series 2001-2 Demand Notes, (ii) such remaining insufficiency and (iii) the Series 2001-2 Letter of Credit Liquidity Amount. The Trustee shall, prior to 12:00 noon (New York City time) on the second Business Day preceding the Series 2001-2 Final Distribution Date, deliver such Demand Notice to the Demand Note Issuers; PROVIDED, HOWEVER that if an Event of Bankruptcy (or the occurrence of an event described in clause (a) of the definition thereof, without the lapse of a period of 60 consecutive days) with respect to a Demand Note Issuer shall have occurred and be continuing, the Trustee shall not be required to deliver such Demand Notice to the Demand Note Issuers. The Trustee shall cause the proceeds of any demand on the Series 2001-2 Demand Notes to be deposited into the Series 2001-2 Distribution Account. In the event that either (x) on or prior to 10:00 a.m. (New York City time) on the Business Day immediately preceding any Distribution Date next succeeding any date on which a Demand Notice has been transmitted by the Trustee to the Demand Note Issuers pursuant to this SECTION 3.5(a), the Demand Note Issuers shall have failed to pay to the Trustee or deposit into the Series 2001-2 Distribution Account the amount specified in such Demand Notice in whole or in part or (y) due to the occurrence of an Event of Bankruptcy (or the occurrence of an event described in clause (a) of the definition thereof, without the lapse of a period of 60 consecutive days) with respect to one or more of the Demand Note Issuers, the Trustee shall not have delivered such Demand Notice to the Demand Note Issuers, on the second Business Day preceding the Series 2001-2 Final Distribution Date, the Trustee shall draw on the Series 2001-2 Letters of Credit by 12:00 noon (New York City time) on such Business Day Servicer an amount equal to the lesser of (ai) the amount that the Demand Note Issuers failed funds then allocated to pay under the Series 20011999-2 Demand Notes 1 Excess Collection Account (or, the amount that the Trustee failed including proceeds from any Increase and any amounts allocated to demand for payment thereunder) and (b) the Series 20011999-2 Letter 1 Excess Collection Account pursuant to Section 3.2(c) of Credit this Series Supplement), after giving effect to any payment of the ARG Mandatory Prepayment Amount on such Business Day by presenting Day, and (ii) the amount of such Decrease, and pay such amount to each Series 2001-2 Letter of Credit Provider a draft accompanied by a Certificate of Unpaid Demand Note Demand; PROVIDED, HOWEVER that if the Series 20011999-2 Cash Collateral Account has been established and funded1 Noteholder. (c) On any Business Day on which funds are available pursuant to Section 3.2(c) of this Series Supplement to pay any ARG Mandatory Prepayment Amount, the Trustee shall withdraw from the Series 2001-2 Cash Collateral Collection Account and deposit in accordance with the Series 2001-2 Distribution Account written instructions of the Servicer an amount equal to the lesser of (xi) the Series 2001-2 Cash Collateral Percentage on such Business Day of the amount that the Demand Note Issuers failed funds then allocated to pay under the Series 20011999-2 Demand Notes 1 Excess Collection Account (or, including proceeds from any Increase and any amounts deposited by the amount that Issuer in the Trustee failed Series 1999-1 Excess Collection Account pursuant to demand for payment thereunderSection 3.2(c) of this Series Supplement) and (yii) the Series 2001-2 Available Cash Collateral Account Amount on amount of such Business Day ARG Mandatory Prepayment Amount, and draw an pay such amount equal to the remainder of the amount that the Demand Note Issuers failed to pay under the Series 2001-2 Demand Notes (or, the amount that the Trustee failed to demand for payment thereunder) on the Series 2001-2 Letters of Credit. The Trustee shall deposit, or cause the deposit of, the proceeds of any draw on the Series 2001-2 Letters of Credit and the proceeds of any withdrawal from the Series 2001-2 Cash Collateral Account to be deposited in the Series 2001-2 Distribution Account. If, after giving effect to the deposit into the Series 2001-2 Distribution Account of the amount to be deposited in accordance with SECTION 3.5(a) above and the amounts described in the preceding three 42 sentences, the amount to be deposited in the Series 2001-2 Distribution Account with respect to the Series 20011999-2 Final Distribution Date is or will be less than the Series 2001-2 Invested Amount, as the case may be, the Trustee shall make a demand on the Surety Bond by 12:00 p.m. (New York City time) on the second Business Day preceding such Distribution Date in an amount equal to such insufficiency in accordance with the terms thereof (PROVIDED that for the purposes of a draw on the Surety Bond, the phrase "amounts in the Series 2001-2 Accrued Interest Account and the Series 2001-2 Reserve Account" in the Surety Bond shall include, without duplication, the Series 2001-2 Liquidity Amount) and shall cause the proceeds thereof to be deposited in the Series 2001-2 Distribution Account1 Noteholder.

Appears in 1 contract

Samples: Series Supplement (Vanguard Car Rental Group Inc.)

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