Withdrawal of Deposits. (a) If the Company shall receive written notice from Boeing that the delivery date of any Aircraft will be delayed beyond the Delivery Period Termination Date, the Company may deliver to the Trustee written notice to such effect and requesting that the Trustee deliver to the Escrow Agent a Prepayment Withdrawal Certificate pursuant to the Escrow Agreement directing the Escrow Agent to provide a Notice of Prepayment Withdrawal to the Depositary requesting the withdrawal of the Deposits relating to Equipment Notes in respect of such Aircraft in accordance with and to the extent permitted by the terms of the Escrow Agreement and the Deposit Agreement. (b) If any Deposits remain outstanding on the Business Day next succeeding the Cut-off Date, the Trustee shall (i) give the Escrow Agent notice that the Trustee's obligation to purchase Equipment Notes under the Note Purchase Agreement has terminated and instruct the Escrow Agent to provide a notice of Final Withdrawal to the Depositary substantially in the form of Exhibit B to the Deposit Agreement (the "FINAL WITHDRAWAL NOTICE") and (ii) shall make demand upon the Company pursuant to the Note Purchase Agreement for an amount equal to the Deposit Make Whole Amount, if any, such payment to be made on the Final Withdrawal Date.
Appears in 4 contracts
Samples: Trust Supplement (Atlas Air Inc), Trust Supplement (Atlas Air Inc), Trust Supplement (Atlas Air Inc)
Withdrawal of Deposits. (a) If the Company shall receive written notice from Boeing that the delivery date of any Aircraft will be delayed beyond the Delivery Period Termination Date, the Company may deliver to the Trustee written notice to such effect and requesting that the Trustee deliver to the Escrow Agent a Prepayment Withdrawal Certificate pursuant to the Escrow Agreement directing the Escrow Agent to provide a Notice of Prepayment Withdrawal to the Depositary requesting the withdrawal of all or a portion of the Deposits Deposit relating to Equipment Notes in respect of such Aircraft in accordance with and to the extent permitted by the terms of the Escrow Agreement and the Deposit Agreement.
(b) If any Deposits remain portion of the Deposit remains outstanding on the Business Day next succeeding the Cut-off Date, the Trustee shall (i) give the Escrow Agent notice that the Trustee's obligation to purchase Equipment Notes under the Note Purchase Agreement has terminated and instruct the Escrow Agent to provide a notice of Final Withdrawal to the Depositary substantially in the form of Exhibit B to the Deposit Agreement (the "FINAL WITHDRAWAL NOTICEFinal Withdrawal Notice") and (ii) shall make demand upon the Company pursuant to the Note Purchase Agreement for an amount equal to the Deposit Make Whole Amount, if any, such payment to be made on the Final Withdrawal Date.
Appears in 3 contracts
Samples: Trust Supplement (Atlas Air Inc), Trust Supplement (Atlas Air Inc), Trust Supplement (Atlas Air Inc)
Withdrawal of Deposits. (a) If the Company shall receive written notice from Boeing that have given the delivery date of any Aircraft will be delayed beyond Partial Withdrawal Direction to the Delivery Period Termination DateTrustee, the Company may deliver to Trustee shall instruct (as and when specified in the Trustee written notice to such effect and requesting that the Trustee deliver to the Escrow Agent a Prepayment Partial Withdrawal Certificate pursuant to the Escrow Agreement directing Direction) the Escrow Agent to provide a Notice of Prepayment Partial Withdrawal to the Depositary substantially in the form of Exhibit C to the Deposit Agreement requesting the withdrawal of a portion of the Deposits relating to Equipment Notes (in respect the respective amounts and from the accounts as shall be specified in the Partial Withdrawal Direction) and payment of such Aircraft accrued interest thereon in accordance with and to the extent permitted by the terms of the Escrow Agreement and the Deposit Agreement, all as shall be described in the Partial Withdrawal Direction. On the date that the Depositary is obligated to pay the amount of the Partial Withdrawal to the Escrow Paying Agent pursuant to the Deposit Agreement, the Trustee will make a demand upon the Company under the NPA for an amount equal to the Deposit Make-Whole Premium in respect of such Partial Withdrawal.
(b) If any Deposits remain outstanding on the Business Day next succeeding the Cut-off Date, the Trustee shall (i) give the Escrow Agent notice that the Trustee's obligation to purchase Equipment Notes under the Note Purchase Agreement NPA has terminated and instruct the Escrow Agent to provide a notice of Final Withdrawal to the Depositary substantially in the form of Exhibit B to the Deposit Agreement (the "FINAL WITHDRAWAL NOTICE") and (ii) shall make demand upon the Company pursuant to the Note Purchase Agreement for an amount equal to the Deposit Make Whole Amount, if any, such payment to be made on the Final Withdrawal Date).
Appears in 2 contracts
Samples: Trust Supplement (Continental Airlines Inc /De/), Trust Supplement (Continental Airlines Inc /De/)