Common use of RECEIPT, DISTRIBUTION AND APPLICATION OF AMOUNTS RECEIVED Clause in Contracts

RECEIPT, DISTRIBUTION AND APPLICATION OF AMOUNTS RECEIVED. SECTION 3.1 Written Notice of Distribution. (a) No later than 3:00 P.M. (New York City time) on the Business Day immediately preceding each Distribution Date (or Special Distribution Date for purposes of Section 2.4(b) hereof, as the case may be), each of the following Persons shall deliver to the Subordination Agent a Written Notice setting forth the following information as at the close of business on such Business Day: (i) With respect to the Class A Pass Through Certificates, the Pass Through Trustee of the Class A Pass Through Trust shall separately set forth the amounts to be paid in accordance with clause "fourth" of Section 3.2 or Section 2.4(b), as the case may be, hereof; (ii) With respect to the Class B Pass Through Certificates, the Pass Through Trustee of the Class B Pass Through Trust shall separately set forth the amounts to be paid in accordance with clause "fifth" of Section 3.2 or Section 2.4(b), as the case may be, hereof; (iii) With respect to the Class C Pass Through Certificates, the Pass Through Trustee of the Class C Pass Through Trust shall separately set forth the amounts to be paid in accordance with clause "sixth" of Section 3.2 or Section 2.4(b), as the case may be, hereof; (iv) With respect to each Liquidity Facility, the Liquidity Provider thereunder shall separately set forth the amounts to be paid in accordance with clauses "first", "second" and "third" of Section 3.2 or Section 2.4(b), as the case may be, hereof; and (v) Each Pass Through Trustee shall set forth the amounts to be paid to it in accordance with clause "seventh" of Section 3.2 hereof. The notices required under this Section 3.1(a) may be in the form of a schedule or similar document provided to the Subordination Agent by the parties referenced therein or by any one of them, which schedule or similar document may state that, unless there has been a prepayment of the Pass Through Certificates, such schedule or similar document is to remain in effect until any substitute notice or amendment shall be given to the Subordination Agent by the party providing such notice. (b) Following the occurrence of a Triggering Event, the Subordination Agent shall request the following information from the following Persons, and each of the following Persons shall, upon the request of the Subordination Agent, deliver a Written Notice to the Subordination Agent setting forth for such Person the following information: (i) With respect to the Class A Pass Through Certificates, the Pass Through Trustee of the Class A Pass Through Trust shall separately set forth the amounts to be paid in accordance with clauses "first" and "fifth" (relating to indemnity payments made by the Class A Pass Through Certificateholders) and "sixth" of Section 3.3 hereof; (ii) With respect to the Class B Pass Through Certificates, the Pass Through Trustee of the Class B Pass Through Trust shall separately set forth the amounts to be paid in accordance with clauses "first" and "fifth" (relating to indemnity payments made by the Class B Pass Through Certificateholders) and "seventh" of Section 3.3 hereof; (iii) With respect to the Class C Pass Through Certificates, the Pass Through Trustee of the Class C Pass Through Trust shall separately set forth the amounts to be paid in accordance with clauses "first" and "fifth" (relating to indemnity payments made by the Class C Pass Through Certificateholders) and "eighth" of Section 3.3 hereof; (iv) With respect to each Liquidity Facility, the Liquidity Provider thereunder shall separately set forth the amounts to be paid in accordance with clauses "first", "second" "third" and "fourth" of Section 3.3 hereof; and

Appears in 2 contracts

Samples: Intercreditor Agreement (Federal Express Corp), Intercreditor Agreement (Federal Express Corp)

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RECEIPT, DISTRIBUTION AND APPLICATION OF AMOUNTS RECEIVED. SECTION 3.1 Written Notice of Distribution. (a) No later than 3:00 P.M. (New York City time) on the Business Day immediately preceding each Distribution Date (or Special Distribution Date for purposes of Section 2.4(b) hereof, as the case may be), each of the following Persons shall deliver to the Subordination Agent a Written Notice setting forth the following information as at the close of business on such Business Day: (i) With respect to the Class A Pass Through Certificates, the Pass Through Trustee of the Class A Pass Through Trust Trustee shall separately set forth the amounts to be paid in accordance with clause "fourth" of Section 3.2 or Section 2.4(b), as the case may be, hereof; (ii) With respect to the Class B Pass Through Certificates, the Pass Through Trustee of the Class B Pass Through Trust Trustee shall separately set forth the amounts to be paid in accordance with clause "fifth" of Section 3.2 or Section 2.4(b), as the case may be, hereof; (iii) With respect to the Class C Pass Through Certificates, the Pass Through Trustee of the Class C Pass Through Trust Trustee shall separately set forth the amounts to be paid in accordance with clause "sixth" of Section 3.2 or Section 2.4(b), as the case may be, hereof; (iv) With respect to the Class D Certificates, the Class D Trustee shall separately set forth the amounts to be paid in accordance with clause "seventh" of Section 3.2 or Section 2.4(b), as the case may be, hereof; (v) With respect to the Class E Certificates, the Class E Trustee shall separately set forth the amounts to be paid in accordance with clause "eighth" of Section 3.2 or Section 2.4(b), as the case may be, hereof; and (vi) With respect to each Liquidity Facility, the Liquidity Provider thereunder shall separately set forth the amounts to be paid in accordance with clauses "first", "second" and "third" of Section 3.2 or Section 2.4(b), as the case may be, hereof; and (v) Each Pass Through Trustee shall set forth the amounts to be paid to it in accordance with clause "seventh" of Section 3.2 hereof. The notices required under this Section 3.1(a) may be in the form of a schedule or similar document provided to the Subordination Agent by the parties referenced therein or by any one of them, which schedule or similar document may state that, unless there has been a prepayment of the Pass Through Certificates, such schedule or similar document is to remain in effect until any substitute notice or amendment shall be given to the Subordination Agent by the party providing such notice. (b) Following the occurrence of a Triggering Event, the Subordination Agent shall request the following information from the following Persons, and each of the following Persons shall, upon the request of the Subordination Agent, deliver a Written Notice to the Subordination Agent setting forth for such Person the following information: (i) With respect to the Class A Pass Through Certificates, the Pass Through Trustee of the Class A Pass Through Trust Trustee shall separately set forth the amounts to be paid in accordance with clauses "first" and "fifth" (relating to indemnity payments made by the Class A Pass Through Certificateholders) and "sixth" of Section 3.3 hereof; (ii) With respect to the Class B Pass Through Certificates, the Pass Through Trustee of the Class B Pass Through Trust Trustee shall separately set forth the amounts to be paid in accordance with clauses "first" and "fifth" (relating to indemnity payments made by the Class B Pass Through Certificateholders) and "seventh" of Section 3.3 hereof; (iii) With respect to the Class C Pass Through Certificates, the Pass Through Class C Trustee of shall separately set forth the amounts to be (iv) With respect to the Class C Pass Through Trust D Certificates, the Class D Trustee shall separately set forth the amounts to be paid in accordance with clauses "first" (relating to indemnity payments made by the Class D Certificateholders) and "fifthninth" of Section 3.3 hereof; (v) With respect to the Class E Certificates, the Class E Trustee shall separately set forth the amounts to be paid in accordance with clauses "first" (relating to indemnity payments made by the Class C Pass Through E Certificateholders) and "eighthtenth" of Section 3.3 hereof;; and (ivvi) With respect to each Liquidity Facility, the Liquidity Provider thereunder shall separately set forth the amounts to be paid in accordance with clauses "firstsecond", "second" "third" and "fourth" of Section 3.3 hereof; and.

Appears in 1 contract

Samples: Intercreditor Agreement (America West Airlines Inc)

RECEIPT, DISTRIBUTION AND APPLICATION OF AMOUNTS RECEIVED. SECTION 3.1 3.1. Written Notice of Distribution. (a) No later than 3:00 P.M. (New York City time) on the Business Day immediately preceding each Distribution Date (or Special Distribution Date for purposes of Section 2.4(b) hereof, as the case may be)Date, each of the following Persons shall deliver to the Subordination Agent a Written Notice setting forth the following information as at the close of business on such Business Day: (i) With respect to the Class A Pass Through Senior Certificates, the Pass Through each Senior Trustee of the Class A Pass Through Trust shall separately set forth the amounts to be paid in accordance with clause "fourthfirst" of Section 3.2 (to reimburse payments made by such Trustee or Section 2.4(b)the applicable Senior Certificateholders, as the case may be, pursuant to sub-clause (ii) or (iv) of clause "first"), sub-clauses (ii) and (iii) of clause "seventh" of Section 3.2 hereof and clause "eighth" of Section 3.2 hereof; (ii) With respect to the Class B Pass Through Junior Certificates, the Pass Through each Junior Trustee of the Class B Pass Through Trust shall separately set forth the amounts to be paid in accordance with clause "fifthfirst" of Section 3.2 (to reimburse payments made by such Trustee or Section 2.4(b)the applicable Junior Certificateholders, as the case may be, pursuant to subclause (ii) or (iv) of clause "first"), sub-clauses (ii) and (iii) of clause "seventh" of Section 3.2 hereof and clause "tenth" of Section 3.2 hereof; (iii) With respect to the Class C Pass Through Certificates, the Pass Through Trustee of the Class C Pass Through Trust Each Primary Liquidity Provider shall separately set forth the amounts to be paid in accordance with clause "sixth" of Section 3.2 or Section 2.4(b), as the case may be, hereof; (iv) With respect to each Liquidity Facility, the Liquidity Provider thereunder shall separately set forth the amounts to be paid in accordance with clauses "first", "second" and "third" of Section 3.2 or Section 2.4(b), as the case may be, hereof; and (v) Each Pass Through Trustee shall set forth the amounts to be paid to it in accordance with subclause (iv) of clause "seventhfirst", subclause (i) of clause "second", subclause (i) of clause "third", subclause (I) of clause "fourth" and clause "fifth" of Section 3.2 hereof. The notices required under this Section 3.1(a) may be in the form of a schedule or similar document provided to the Subordination Agent by the parties referenced therein or by any one of them, which schedule or similar document may state that, unless there has been a prepayment of the Pass Through Certificates, such schedule or similar document is to remain in effect until any substitute notice or amendment shall be given to the Subordination Agent by the party providing such notice. (b) Following the occurrence of a Triggering Event, the Subordination Agent shall request the following information from the following Persons, and each of the following Persons shall, upon the request of the Subordination Agent, deliver a Written Notice to the Subordination Agent setting forth for such Person the following information: (i) With respect to the Class A Pass Through Certificates, the Pass Through Trustee of the Class A Pass Through Trust shall separately set forth the amounts to be paid in accordance with clauses "first" and "fifth" (relating to indemnity payments made by the Class A Pass Through Certificateholders) and "sixth" of Section 3.3 hereof; (ii) With respect to the Class B Pass Through Certificates, the Pass Through Trustee of the Class B Pass Through Trust shall separately set forth the amounts to be paid in accordance with clauses "first" and "fifth" (relating to indemnity payments made by the Class B Pass Through Certificateholders) and "seventh" of Section 3.3 hereof; (iii) With respect to the Class C Pass Through Certificates, the Pass Through Trustee of the Class C Pass Through Trust shall separately set forth the amounts to be paid in accordance with clauses "first" and "fifth" (relating to indemnity payments made by the Class C Pass Through Certificateholders) and "eighth" of Section 3.3 hereof; (iv) With respect to each Liquidity Facility, the Liquidity Provider thereunder shall separately set forth the amounts to be paid in accordance with clauses "first", "second" "third" and "fourth" of Section 3.3 hereof; and

Appears in 1 contract

Samples: Intercreditor Agreement (Jetblue Airways Corp)

RECEIPT, DISTRIBUTION AND APPLICATION OF AMOUNTS RECEIVED. SECTION 3.1 Written Notice of Distribution. (a) No later than 3:00 P.M. (New York City time) on the Business Day immediately preceding each Distribution Date (or Special Distribution Date for purposes of Section 2.4(b) hereof, as the case may be), each of the following Persons shall deliver to the Subordination Agent a Written Notice setting forth the following information as at the close of business on such Business Day: (i) With respect to the Class A Pass Through Certificates, the Pass Through Trustee of the Class A Pass Through Trust Trustee shall separately set forth the amounts to be paid in accordance with clause "fourth" of Section 3.2 or Section 2.4(b), as the case may be, hereof; (ii) With respect to the Class B Pass Through Certificates, the Pass Through Trustee of the Class B Pass Through Trust Trustee shall separately set forth the amounts to be paid in accordance with clause "fifth" of Section 3.2 or Section 2.4(b), as the case may be, hereof; (iii) With respect to the Class C Pass Through Certificates, the Pass Through Trustee of the Class C Pass Through Trust Trustee shall separately set forth the amounts to be paid in accordance with clause "sixth" of Section 3.2 or Section 2.4(b), as the case may be, hereof; (iv) With respect to the Class D Certificates, the Class D Trustee shall separately set forth the amounts to be paid in accordance with clause "seventh" of Section 3.2 or Section 2.4(b), as the case may be, hereof; (v) With respect to the Class E Certificates, the Class E Trustee shall separately set forth the amounts to be paid in accordance with clause "eighth" of Section 3.2 or Section 2.4(b), as the case may be, hereof; and (vi) With respect to each Liquidity Facility, the Liquidity Provider thereunder shall separately set forth the amounts to be paid in accordance with clauses "first", "second" and "third" of Section 3.2 or Section 2.4(b), as the case may be, hereof; and (v) Each Pass Through Trustee shall set forth the amounts to be paid to it in accordance with clause "seventh" of Section 3.2 hereof. The notices required under this Section 3.1(a) may be in the form of a schedule or similar document provided to the Subordination Agent by the parties referenced therein or by any one of them, which schedule or similar document may state that, unless there has been a prepayment of the Pass Through Certificates, such schedule or similar document is to remain in effect until any substitute notice or amendment shall be given to the Subordination Agent by the party providing such notice. (b) Following the occurrence of a Triggering Event, the Subordination Agent shall request the following information from the following Persons, and each of the following Persons shall, upon the request of the Subordination Agent, deliver a Written Notice to the Subordination Agent setting forth for such Person the following information: (i) With respect to the Class A Pass Through Certificates, the Pass Through Trustee of the Class A Pass Through Trust Trustee shall separately set forth the amounts to be paid in accordance with clauses "first" and "fifth" (relating to indemnity payments made by the Class A Pass Through Certificateholders) and "sixth" of Section 3.3 hereof; (ii) With respect to the Class B Pass Through Certificates, the Pass Through Trustee of the Class B Pass Through Trust Trustee shall separately set forth the amounts to be paid in accordance with clauses "first" and "fifth" (relating to indemnity payments made by the Class B Pass Through Certificateholders) and "seventh" of Section 3.3 hereof; (iii) With respect to the Class C Pass Through Certificates, the Pass Through Trustee of the Class C Pass Through Trust Trustee shall separately set forth the amounts to be paid in accordance with clauses "first" and "fifth" (relating to indemnity payments made by the Class C Pass Through Certificateholders) and "eighth" of Section 3.3 hereof; (iv) With respect to the Class D Certificates, the Class D Trustee shall separately set forth the amounts to be paid in accordance with clauses "first" (relating to indemnity payments made by the Class D Certificateholders) and "ninth" of Section 3.3 hereof; (v) With respect to the Class E Certificates, the Class E Trustee shall separately set forth the amounts to be paid in accordance with clauses "first" (relating to indemnity payments made by the Class E Certificateholders) and "tenth" of Section 3.3 hereof; and (vi) With respect to each Liquidity Facility, the Liquidity Provider thereunder shall separately set forth the amounts to be paid in accordance with clauses "firstsecond", "second" "third" and "fourth" of Section 3.3 hereof; and.

Appears in 1 contract

Samples: Intercreditor Agreement (America West Airlines Inc)

RECEIPT, DISTRIBUTION AND APPLICATION OF AMOUNTS RECEIVED. SECTION 3.1 3.1. Written Notice of Distribution. (a) No later than 3:00 P.M. (New York City time) on the Business Day immediately preceding each Regular Distribution Date (or Special Distribution Date for purposes of Section 2.4(b) hereof, as the case may be)Date, each of the following Persons shall deliver to the Subordination Agent a Written Notice setting forth the following information as at the close of business on such Business Day: (i) With respect to the Class A Pass Through Certificates, the Pass Through Trustee of the Class A Pass Through Trust shall separately set forth the amounts to be paid in accordance with clause "fourth" of Section 3.2 or Section 2.4(b), as the case may be, hereof; (ii) With respect to the Class B Pass Through Certificates, the Pass Through Trustee of the Class B Pass Through Trust shall separately set forth the amounts to be paid in accordance with clause "fifth" of Section 3.2 or Section 2.4(b), as the case may be, hereof; (iiiii) With respect to the Class C Pass Through B Certificates, the Pass Through Class B Trustee of the Class C Pass Through Trust shall separately set forth the amounts to be paid in accordance with clause "sixth" of Section 3.2 or hereof; (iii) With respect to the Class C Certificates, the Class C Trustee shall separately set forth the amounts to be paid in accordance with clause "seventh" of Section 2.4(b), as the case may be, 3.2 hereof; (iv) With respect to the Class D Certificates, the Class D Trustee shall separately set forth the amounts to be paid in accordance with clause "eighth" of Section 3.2 hereof; (v) With respect to each Liquidity Facility, the Liquidity Provider thereunder shall separately set forth the amounts to be paid in accordance with clauses "first", "second" and "third" of Section 3.2 or Section 2.4(b), as the case may be, hereof; and (v) Each Pass Through Trustee shall set forth the amounts to be paid to it in accordance with clause "seventh" of Section 3.2 hereof. The notices required under this Section 3.1(a) may be in the form of a schedule or similar document provided to the Subordination Agent by the parties referenced therein or by any one of them, which schedule or similar document may state that, unless there has been a prepayment of the Pass Through Certificates, such schedule or similar document is to remain in effect until any substitute notice or amendment shall be given to the Subordination Agent by the party providing such notice. (b) Following the occurrence of a Triggering Event, the Subordination Agent shall request the following information from the following Persons, and each of the following Persons shall, upon the request of the Subordination Agent, deliver a Written Notice to the Subordination Agent setting forth for such Person the following information: (i) With respect to the Class A Pass Through Certificates, the Pass Through Trustee of the Class A Pass Through Trust shall separately set forth the amounts to be paid in accordance with clauses "first" and "fifth" (relating to indemnity payments made by the Class A Pass Through Certificateholders) and "sixth" of Section 3.3 hereof; (ii) With respect to the Class B Pass Through Certificates, the Pass Through Trustee of the Class B Pass Through Trust shall separately set forth the amounts to be paid in accordance with clauses "first" and "fifth" (relating to indemnity payments made by the Class B Pass Through Certificateholders) and "seventh" of Section 3.3 hereof; (iii) With respect to the Class C Pass Through Certificates, the Pass Through Trustee of the Class C Pass Through Trust shall separately set forth the amounts to be paid in accordance with clauses "first" and "fifth" (relating to indemnity payments made by the Class C Pass Through Certificateholders) and "eighth" of Section 3.3 hereof; (iv) With respect to each Liquidity Facility, the Liquidity Provider thereunder shall separately set forth the amounts to be paid in accordance with clauses "first", "second" "third" and "fourth" of Section 3.3 3.2 hereof; and

Appears in 1 contract

Samples: Intercreditor Agreement (Continental Airlines Inc /De/)

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RECEIPT, DISTRIBUTION AND APPLICATION OF AMOUNTS RECEIVED. SECTION 3.1 Written Notice of DistributionWRITTEN NOTICE OF DISTRIBUTION. (a) No later than 3:00 P.M. (New York City time) on the Business Day immediately preceding each Distribution Date (or Special Distribution Date for purposes of Section 2.4(b) hereof, as the case may be), each of the following Persons shall deliver to the Subordination Agent a Written Notice setting forth the following information as at the close of business on such Business Day: (i) With respect to the Class A Pass Through Certificates, the Pass Through Trustee of the Class A Pass Through Trust Trustee shall separately set forth the amounts to be paid in accordance with clause "fourthFOURTH" of Section 3.2 or Section 2.4(b), as the case may be, hereof; (ii) With respect to the Class B Pass Through Certificates, the Pass Through Trustee of the Class B Pass Through Trust Trustee shall separately set forth the amounts to be paid in accordance with clause "fifthFIFTH" of Section 3.2 or Section 2.4(b), as the case may be, hereof; (iii) With respect to the Class C Pass Through Certificates, the Pass Through Trustee of the Class C Pass Through Trust Trustee shall separately set forth the amounts to be paid in accordance with clause "sixthSIXTH" of Section 3.2 or Section 2.4(b), as the case may be, hereof;; and (iv) With respect to each Liquidity Facility, the Liquidity Provider thereunder shall separately set forth the amounts to be paid in accordance with clauses "firstFIRST", "secondSECOND" and "thirdTHIRD" of Section 3.2 or Section 2.4(b), as the case may be, hereof; and (v) Each Pass Through Trustee shall set forth the amounts to be paid to it in accordance with clause "seventh" of Section 3.2 hereof. The notices required under this Section 3.1(a) are in the form of Schedule 3 hereto or may be in the form of a schedule or similar document provided to the Subordination Agent by the parties referenced therein or by any one of themthem pursuant to an agreement between the parties referred to therein, which schedule or similar document may state that, unless there has been a prepayment of the Pass Through Certificates, such schedule or similar document is to remain in effect until any substitute notice or amendment shall be given to the Subordination Agent by the party providing such notice. (b) Following the occurrence of a Triggering Event, the Subordination Agent shall request the following information from the following Persons, and each of the following Persons shall, upon the request of the Subordination Agent, deliver a Written Notice to the Subordination Agent setting forth for such Person the following information: (i) With respect to the Class A Pass Through Certificates, the Pass Through Trustee of the Class A Pass Through Trust Trustee shall separately set forth the amounts to be paid in accordance with clauses "first" and "fifthFIRST" (relating to indemnity payments made by the Class A Pass Through Certificateholders) and "sixthSIXTH" of Section 3.3 hereof; (ii) With respect to the Class B Pass Through Certificates, the Pass Through Trustee of the Class B Pass Through Trust Trustee shall separately set forth the amounts to be paid in accordance with clauses "first" and "fifthFIRST" (relating to indemnity payments made by the Class B Pass Through Certificateholders) and "seventhSEVENTH" of Section 3.3 hereof; (iii) With respect to the Class C Pass Through Certificates, the Pass Through Trustee of the Class C Pass Through Trust Trustee shall separately set forth the amounts to be paid in accordance with clauses "first" and "fifthFIRST" (relating to indemnity payments made by the Class C Pass Through Certificateholders) and "eighthEIGHTH" of Section 3.3 hereof;; and (iv) With respect to each Liquidity Facility, the Liquidity Provider thereunder shall separately set forth the amounts to be paid in accordance with clauses "first"SECOND, "second" "thirdTHIRD" and "fourthFOURTH" of Section 3.3 hereof; and.

Appears in 1 contract

Samples: Intercreditor Agreement (Northwest Airlines Corp)

RECEIPT, DISTRIBUTION AND APPLICATION OF AMOUNTS RECEIVED. SECTION 3.1 Written Notice of Distribution. (a) No later than 3:00 P.M. (New York City time) on the Business Day immediately preceding each Distribution Date (or Special Distribution Date for purposes of Section 2.4(b) hereof, as the case may be), each of the following Persons shall deliver to the Subordination Agent a Written Notice setting forth the following information as at the close of business on such Business Day: (i) With respect to the Class A Pass Through Certificates, the Pass Through Trustee of the Class A Pass Through Trust Trustee shall separately set forth the amounts to be paid in accordance with clause "fourth" of Section 3.2 or Section 2.4(b), as the case may be, hereof; (ii) With respect to the Class B Pass Through Certificates, the Pass Through Trustee of the Class B Pass Through Trust Trustee shall separately set forth the amounts to be paid in accordance with clause "fifth" of Section 3.2 or Section 2.4(b), as the case may be, hereof; (iii) With respect to the Class C Pass Through Certificates, the Pass Through Trustee of the Class C Pass Through Trust Trustee shall separately set forth the amounts to be paid in accordance with clause "sixth" of Section 3.2 or Section 2.4(b), as the case may be, hereof; (iv) With respect to each Liquidity Facilitythe Class D Certificates, the Liquidity Provider thereunder Class D Trustee shall separately set forth the amounts to be paid in accordance with clauses clause "first", "second" and "thirdseventh" of Section 3.2 or Section 2.4(b), as the case may be, hereof; and (v) Each Pass Through Trustee With respect to each Liquidity Facility, the Liquidity Provider thereunder shall separately set forth the amounts to be paid to it in accordance with clause "seventh" of Section 3.2 hereof. The notices required under this Section 3.1(a) may be in the form of a schedule or similar document provided to the Subordination Agent by the parties referenced therein or by any one of them, which schedule or similar document may state that, unless there has been a prepayment of the Pass Through Certificates, such schedule or similar document is to remain in effect until any substitute notice or amendment shall be given to the Subordination Agent by the party providing such notice. (b) Following the occurrence of a Triggering Event, the Subordination Agent shall request the following information from the following Persons, and each of the following Persons shall, upon the request of the Subordination Agent, deliver a Written Notice to the Subordination Agent setting forth for such Person the following information: (i) With respect to the Class A Pass Through Certificates, the Pass Through Trustee of the Class A Pass Through Trust Trustee shall separately set forth the amounts to be paid in accordance with clauses "first" and "fifth" (relating to indemnity payments made by the Class A Pass Through Certificateholders) ), "fifth" and "sixth" of Section 3.3 hereof; (ii) With respect to the Class B Pass Through Certificates, the Pass Through Trustee of the Class B Pass Through Trust Trustee shall separately set forth the amounts to be paid in accordance with clauses "first" and "fifth" (relating to indemnity payments made by the Class B Pass Through Certificateholders) ), "fifth" and "seventh" of Section 3.3 hereof; (iii) With respect to the Class C Pass Through Certificates, the Pass Through Trustee of the Class C Pass Through Trust Trustee shall separately set forth the amounts to be paid in accordance with clauses "first" and "fifth" (relating to indemnity payments made by the Class C Pass Through Certificateholders) ), "fifth" and "eighth" of Section 3.3 hereof; (iv) With respect to the Class D Certificates, the Class D Trustee shall separately set forth the amounts to be paid in accordance with clauses "first" (relating to indemnity payments made by the Class D Certificateholders), "fifth" and "ninth" of Section 3.3 hereof; and (v) With respect to each Liquidity Facility, the Liquidity Provider thereunder shall separately set forth the amounts to be paid in accordance with clauses "firstsecond", "second" "third" and "fourth" of Section 3.3 hereof. (c) At such time as a Trustee or a Liquidity Provider shall have received all amounts owing to it (and, in the case of a Trustee, the Certificateholders for which it is acting) pursuant to Section 2.4, 3.2 or 3.3 hereof, as applicable, and, in the case of a Liquidity Provider, its commitment under the related Liquidity Facility shall have terminated or expired, such Person shall, by a Written Notice, so inform the Subordination Agent and each other party to this Agreement. (d) As provided in Section 6.5 hereof, the Subordination Agent shall be fully protected in relying on any of the information set forth in a Written Notice provided by any Trustee or any Liquidity Provider pursuant to paragraphs (a) through (c) above and shall have no independent obligation to verify, calculate or recalculate any amount set forth in any Written Notice delivered in accordance with such paragraphs. (e) Any Written Notice delivered by a Trustee or a Liquidity Provider, as applicable, pursuant to Section 3.1(a), 3.1(b) or 3.1(c) hereof, if made prior to 10:00 A.M. (New York City time) shall be effective on the date delivered (or if delivered later on a given date shall be effective as of the next Business Day). Subject to the terms of this Agreement, the Subordination Agent shall as promptly as practicable comply with any such instructions; provided, however, that any transfer of funds pursuant to any instruction received after 10:00 A.M. (New York City time) on any Business Day may be made on the next succeeding Business Day. (f) In the event the Subordination Agent shall not receive from any Person any information set forth in paragraphs (a) or (b) above which is required to enable the Subordination Agent to make a distribution to such Person pursuant to Section 2.4(b), 3.2 or 3.3 hereof, the Subordination Agent shall request such information and, failing to receive any such information, the Subordination Agent shall not make such distribution(s) to such Person. In such event, the Subordination Agent shall make distributions pursuant to clauses "first" through "seventh" of Section 2.4(b), clauses "first" through "eighth" of Section 3.2 and clauses "first" through "ninth" of Section 3.3 to the extent it shall have sufficient information to enable it to make such distributions, and shall continue to hold any funds remaining, after making such distributions, until the Subordination Agent shall receive all necessary information to enable it to distribute any funds so withheld. (g) On such dates (but not more frequently than monthly) as any Liquidity Provider or any Trustee shall request, the Subordination Agent shall send to such party a written

Appears in 1 contract

Samples: Intercreditor Agreement (America West Airlines Inc)

RECEIPT, DISTRIBUTION AND APPLICATION OF AMOUNTS RECEIVED. SECTION 3.1 Section 3.01 Written Notice of Distribution. Distribution(a) (a) No later than 3:00 P.M. (New York City time) on the Business Day immediately preceding each Regular Distribution Date (or Special Distribution Date for purposes of Section 2.4(b) hereof2.04(b), as the case may be), each of the following Persons shall deliver to the Subordination Agent a Written Notice setting forth the following information as at the close of business on such Business Day: (i) With respect to the Class A Pass Through A-1 Certificates and the Class A-2 Certificates, the Pass Through Trustee of if any are then Outstanding, the Class A Pass Through Trust shall separately set forth the amounts to be paid in accordance with clause "fourth" of Section 3.2 or Section 2.4(b), as the case may be, hereof; (ii) With respect to A-1 Trustee and the Class B Pass Through CertificatesA-2 Trustee, the Pass Through Trustee of the Class B Pass Through Trust respectively, shall separately set forth the amounts to be paid in accordance with clause "fifth" of Section 3.2 3.02 or Section 2.4(b2.04(b), as the case may be, hereofbe (without giving effect to the pro rata sharing therein); (iiiii) With respect to the Class C Pass Through B Certificates, the Pass Through Trustee of if any are then Outstanding, the Class C Pass Through Trust B Trustee shall separately set forth the amounts to be paid in accordance with clause "sixth" of Section 3.2 3.02 or Section 2.4(b2.04(b), as the case may be; (iii) With respect to the Class C Certificates, hereofif any are then Outstanding, the Class C Trustee shall separately set forth the amounts to be paid in accordance with clause "seventh" of Section 3.02 or 2.04(b), as the case may be; (iv) With respect to the Class D Certificates, if any are then Outstanding, the Class D Trustee shall separately set forth the amounts to be paid in accordance with clause "eighth" of Section 3.02 or 2.04(b) as the case may be; (v) With respect to each Liquidity Facility, the Liquidity Provider thereunder shall separately set forth the amounts to be paid in accordance with clauses "first", "second", "third" and "thirdfourth" of Section 3.2 3.02 or Section 2.4(b2.04(b), as the case may be, hereof; and (vvi) Each Pass Through Trustee shall set forth the amounts to be paid to it in accordance with clause "seventhninth" of Section 3.2 hereof3.02. The notices required under this Section 3.1(a3.01(a) may be in the form of a schedule or similar document provided to the Subordination Agent by the parties referenced therein or by any one of them, which schedule or similar document may state that, unless there has been a redemption, purchase or prepayment of the Pass Through CertificatesEquipment Notes, such schedule or similar document is to remain in effect until any substitute notice or amendment shall be given to the Subordination Agent by the party providing such notice. (b) Following the occurrence of a Triggering Event, the Subordination Agent shall request the following information from the following Persons, and each of the following Persons shall, upon the request of the Subordination Agent, deliver a Written Notice to the Subordination Agent setting forth for such Person the following information: (i) With respect to the Class A Pass Through Certificates, the Pass Through Trustee of the Class A Pass Through Trust shall separately set forth the amounts to be paid in accordance with clauses "first" and "fifth" (relating to indemnity payments made by the Class A Pass Through Certificateholders) and "sixth" of Section 3.3 hereof; (ii) With respect to the Class B Pass Through Certificates, the Pass Through Trustee of the Class B Pass Through Trust shall separately set forth the amounts to be paid in accordance with clauses "first" and "fifth" (relating to indemnity payments made by the Class B Pass Through Certificateholders) and "seventh" of Section 3.3 hereof; (iii) With respect to the Class C Pass Through Certificates, the Pass Through Trustee of the Class C Pass Through Trust shall separately set forth the amounts to be paid in accordance with clauses "first" and "fifth" (relating to indemnity payments made by the Class C Pass Through Certificateholders) and "eighth" of Section 3.3 hereof; (iv) With respect to each Liquidity Facility, the Liquidity Provider thereunder shall separately set forth the amounts to be paid in accordance with clauses "first", "second" "third" and "fourth" of Section 3.3 hereof; and

Appears in 1 contract

Samples: Intercreditor Agreement (American Airlines Inc)

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