Examples of Delta FASA in a sentence
Except as otherwise expressly provided in subsections (1), (2) and (3) of this Section 4.4(b), neither Worldspan nor TTPC shall be permitted to recoup or otherwise set off any amounts owing to either Worldspan or TTPC or any of their Affiliates against Worldspan’s or TTPC’s obligation to provide Delta FASA Credits under Section 4.4(a) hereof, to pay any FASA Cash Payment or any FASA Credit Excess Amount under Section 4.4(a) hereof or to pay the Delta Continuing Payment under Section 4.4(d) hereof.
Notwithstanding anything to the contrary contained herein, if the sum of (A) the Recoupment Amount, if any, applicable to a Delta FASA Credit, (B) the Delta Indemnity Claim Amount, if any, applicable to such Delta FASA Credit and (C) the Delta FASA Claim Amount, if any, applicable to such Delta FASA Credit exceeds the amount of such Delta FASA Credit, then such excess shall be applied against future Delta FASA Credits, if any, but only to the extent expressly permitted pursuant to Section 4.4(b) hereof.
Simultaneously with each deposit into the Escrow Account, Buyer shall designate in a Delta Indemnity Claim Notice (as defined in Section 3.1), the portion, if any, of such deposit which represents a Delta Note Deposit and the portion, if any, of such deposit which represents a Delta FASA Deposit.
If a Delta Continuing Payment Termination or a Worldspan Bankruptcy Delta FASA Rejection occurs, Worldspan will no longer be required to provide the monthly Delta FASA Credits to Delta.
In no event shall Worldspan be required to pay Delta any amount in excess of the Delta Continuing Payment following a Delta Continuing Payment Termination or a Worldspan Bankruptcy Delta FASA Rejection, as the case may be.
All Delta FASA Claim Amounts so recouped by Worldspan pursuant to this Section 4.4(b)(3) shall be held and distributed by the escrow agent under the Delta FASA Claim Escrow Agreement as provided thereunder.
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Current Invoice and (C) the Delta FASA Claim Amount, if any, that was included in the applicable Current Invoice.
The provision of Delta FASA Credits or payment of cash in lieu thereof is subject to the terms of the Delta Subordination Agreement.
It is expressly acknowledged and agreed that the provision of Delta FASA Credits under Section 4.4 of this Agreement is a critical component of this Agreement and that undue prejudice to each party’s bargain would ensue if the provisions of Section 4.4 hereof were not performed by the other party hereto.