Payments from Available Funds Only. All payments to be made by the Borrower under this Agreement shall be made only from the Stated Portion of amounts that constitute Scheduled Payments, Special Payments or payments under Section 9.1 of the Participation Agreements and Sections 6 and 7 of the Note Purchase Agreement and only to the extent that the Borrower shall have sufficient income or proceeds therefrom to enable the Borrower to make payments in accordance with the terms hereof after giving effect to the priority of payments provisions set forth in the Intercreditor Agreement. The Liquidity Provider agrees that it will look solely to such amounts to the extent available for distribution to it as provided in the Intercreditor Agreement and this Agreement and that the Borrower, in its individual capacity, is not personally liable to it for any amounts payable or liability under this Agreement except as expressly provided in this Agreement, the Intercreditor Agreement or any Participation Agreement. Amounts on deposit in the ING Sub-Account of the Class C-I Cash Collateral Account shall be available to the Borrower to make payments under this Agreement only to the extent and for the purposes expressly contemplated in Section 3.6(f) of the Intercreditor Agreement. Amounts on deposit in the other Sub-Account in respect of the Class C-I Certificates shall not be available to make payments under this Agreement.
Appears in 1 contract
Samples: Revolving Credit Agreement (Continental Airlines Inc /De/)
Payments from Available Funds Only. All payments to be made by the Borrower under this Agreement shall be made only from the Stated Portion of amounts that constitute Scheduled Payments, Special Payments or payments under Section 9.1 of the Participation Agreements and Sections 6 and 7 of the Note Purchase Agreement and only to the extent that the Borrower shall have sufficient income or proceeds therefrom to enable the Borrower to make payments in accordance with the terms hereof after giving effect to the priority of payments provisions set forth in the Intercreditor Agreement. The Liquidity Provider agrees that it will look solely to such amounts to the extent available for distribution to it as provided in the Intercreditor Agreement and this Agreement and that the Borrower, in its individual capacity, is not personally liable to it for any amounts payable or liability under this Agreement except as expressly provided in this Agreement, the Intercreditor Agreement or any Participation Agreement. Amounts on deposit in the ING ABN AMRO Sub-Account of the Class C-I Cash Collateral Account shall be available to the Borrower to make payments under this Agreement only to the extent and for the purposes expressly contemplated in Section 3.6(f) of the Intercreditor Agreement. Amounts on deposit in the other Sub-Account in respect of the Class C-I Certificates shall not be available to make payments under this Agreement.
Appears in 1 contract
Samples: Revolving Credit Agreement (Continental Airlines Inc /De/)
Payments from Available Funds Only. All payments to be made by the Borrower under this Agreement shall be made only from the Stated Portion of amounts that constitute Scheduled Payments, Special Payments or payments under Section 9.1 of the Participation Agreements and Sections 6 and 7 of the Note Purchase Agreement and only to the extent that the Borrower shall have sufficient income or proceeds therefrom to enable the Borrower to make payments in accordance with the terms hereof after giving effect to the priority of payments provisions set forth in the Intercreditor Agreement. The Liquidity Provider agrees that it will look solely to such amounts to the extent available for distribution to it as provided in the Intercreditor Agreement and this Agreement and that the Borrower, in its individual capacity, is not personally liable to it for any amounts payable or liability under this Agreement except as expressly provided in this Agreement, the Intercreditor Agreement or any Participation Agreement. Amounts on deposit in the ING ABN AMRO Sub-Account of the Class C-I A Cash Collateral Account shall be available to the Borrower to make payments under this Agreement only to the extent and for the purposes expressly contemplated in Section 3.6(f) of the Intercreditor Agreement. Amounts on deposit in the other Sub-Account in respect of the Class C-I A Certificates shall not be available to make payments under this Agreement.
Appears in 1 contract
Samples: Revolving Credit Agreement (Continental Airlines Inc /De/)
Payments from Available Funds Only. All The Borrower is acting for and on behalf of the Class A Noteholders hereunder. Notwithstanding anything to the contrary set forth herein, all payments to be made by the Borrower under this Agreement (including, without limitation, under Articles II and III and Sections 7.05 and 7.07 hereof) shall be made only from the Stated Portion of amounts that constitute Scheduled PaymentsPayments within the meaning of clause (i) or clause (iii) of the definition of "Payment" or any other amounts available for distribution under the Indenture, Special Payments or including payments by American under Section 9.1 3.10 and Article VI of the Participation Agreements and Sections 6 and 7 of the Note Purchase Agreement Indenture, and only to the extent that the Borrower shall have sufficient income or proceeds therefrom to enable the Borrower to make payments in accordance with the terms hereof after giving effect to the priority of payments provisions set forth in the Intercreditor AgreementIndenture. The Liquidity Provider agrees that it will look solely to such amounts in respect of payments to be made by the Borrower hereunder to the extent available for distribution to it as provided in the Intercreditor Agreement Indenture and this Agreement and that the Borrower, in its individual capacity, is not personally liable to it for any amounts payable or liability under this Agreement except as expressly provided in this Agreement, the Intercreditor Agreement or any Participation Agreementthe Indenture. Amounts on deposit in the ING Sub-Account of the Class C-I Cash Collateral Account shall be available to the Borrower to make payments under this Agreement only to the extent and for the purposes expressly contemplated in Section 3.6(f) of the Intercreditor Agreement. Amounts on deposit in the other Sub-Account in respect of the Class C-I Certificates shall not be available to make payments under this AgreementIndenture.
Appears in 1 contract
Payments from Available Funds Only. All payments to be made by the Borrower under this Agreement shall be made only from the Stated Portion of amounts that constitute Scheduled Payments, Special Payments or payments under Section 9.1 of the Participation Agreements and Sections 6 and 7 of the Note Purchase Agreement and only to the extent that the Borrower shall have sufficient income or proceeds therefrom to enable the Borrower to make payments in accordance with the terms hereof after giving effect to the priority of payments provisions set forth in the Intercreditor Agreement. The Liquidity Provider agrees that it will look solely to such amounts to the extent available for distribution to it as provided in the Intercreditor Agreement and this Agreement and that the Borrower, in its individual capacity, is not personally liable to it for any amounts payable or liability under this Agreement except as expressly provided in this Agreement, the Intercreditor Agreement or any Participation Agreement. Amounts on deposit in the ING ABN AMRO Sub-Account of the Class C-I B Cash Collateral Account shall be available to the Borrower to make payments under this Agreement only to the extent and for the purposes expressly contemplated in Section 3.6(f) of the Intercreditor Agreement. Amounts on deposit in the other Sub-Account in respect of the Class C-I B Certificates shall not be available to make payments under this Agreement.
Appears in 1 contract
Samples: Revolving Credit Agreement (Continental Airlines Inc /De/)
Payments from Available Funds Only. All payments to be made by the Borrower under this Agreement (including, without limitation, Section 7.05 and 7.07 hereof) shall be made only from the Stated Portion of amounts that constitute Scheduled Payments, Special Payments or payments under Section 9.1 3.9 or Article 6 of the Participation Agreements and Sections 6 and 7 of Indenture or any other amounts available for distribution under the Note Purchase Agreement Indenture and only to the extent that the Borrower shall have sufficient income or proceeds therefrom to enable the Borrower to make payments in accordance with the terms hereof after giving effect to the priority of payments provisions set forth in the Intercreditor AgreementIndenture. The Liquidity Provider agrees that it will look solely to such amounts in respect of payments to be made by the Borrower hereunder to the extent available for distribution to it as provided in the Intercreditor Agreement Indenture and this Agreement and that the Borrower, in its individual capacity, is not personally liable to it for any amounts payable or liability under this Agreement except as expressly provided in this Agreement, the Intercreditor Agreement or any Participation Agreementthe Indenture. Amounts on deposit in the ING Sub-Account of the Class C-I Cash Collateral Account shall be available to the Borrower to make payments under this Agreement only to the extent and for the purposes expressly contemplated in Section 3.6(f3.5(f) of the Intercreditor AgreementIndenture. Amounts on deposit in Nothing herein shall limit or otherwise affect the other Sub-Account in respect right of the Class C-I Certificates shall not be available Liquidity Provider to make payments receive payment from the Policy Provider under this AgreementSection 3.6(d) of the Indenture.
Appears in 1 contract
Samples: Revolving Credit Agreement (Continental Airlines Inc /De/)