Common use of Extension of the Expiry Date; Non-Extension Advance Clause in Contracts

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Date for the Class C Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date for a period of 364 days after the then effective Expiry Date (unless the obligations of the Liquidity Provider are earlier terminated in accordance with the terms hereof). The Liquidity Provider may advise the Borrower, no earlier than 40 days and no later than 25 days prior to the then effective Expiry Date that it agrees to so extend the Expiry Date but in any event, without the necessity of any action on the part of the Liquidity Provider the Expiry Date shall automatically be so extended, unless the Liquidity Provider advises the Borrower on or before the 25th day prior to the Expiry Date then in effect that such Expiry Date shall not be so extended in which event (and if the Liquidity Provider shall not have been replaced in accordance with Section 3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after such 25th day (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.6(d) of the Intercreditor Agreement.

Appears in 2 contracts

Sources: Revolving Credit Agreement (Us Airways Inc), Revolving Credit Agreement (Us Airways Inc)

Extension of the Expiry Date; Non-Extension Advance. No At any time during the period no later than the 25th day and no earlier than the 60th day and no later than the 40th day prior to the then then-effective Expiry Date (unless such Date, the Borrower may provide notice to the Liquidity Provider and the Liquidity Provider may provide notice to the Borrower of the then-effective Expiry Date. If the Expiry Date is on or after prior to the date that is 15 days after the Final Legal Distribution Date for the Class C Certificates), by written agreement between the Borrower and the Liquidity Provider, entered into at any time prior to the 25th day prior to the then-effective Expiry Date, the Borrower shall request that the Liquidity Provider extend the then-effective Expiry Date for a period may be extended, effective on such 25th day, to the earlier of 364 (i) the date that is 15 days after the then Final Legal Distribution Date for the Class C Certificates and (ii) the date that is the last day of the 364 day period immediately following such then-effective Expiry Date (unless in either case the obligations of the Liquidity Provider are earlier terminated in accordance with the terms hereof). The If the Borrower and the Liquidity Provider may advise do not so agree to extend the Borrower, no earlier than 40 days and no later than 25 days prior to the then then-effective Expiry Date that it agrees prior to so extend the Expiry Date but in any event, without the necessity of any action on the part of the Liquidity Provider the Expiry Date shall automatically be so extended, unless the Liquidity Provider advises the Borrower on or before the such 25th day prior to the Expiry Date then in effect that such Expiry Date shall not be so extended in which event (and if the Liquidity Provider shall not have been replaced in accordance with Section 3.6(e3.06(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after such 25th day (but prior to the then effective such Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.6(d3.06(d) of the Intercreditor Agreement.

Appears in 2 contracts

Sources: Revolving Credit Agreement (American Airlines Inc), Revolving Credit Agreement (American Airlines Inc)

Extension of the Expiry Date; Non-Extension Advance. No At any time during the period no later than the 25th day and no earlier than the 60th day and no later than the 40th day prior to the then then-effective Expiry Date (unless such Date, the Borrower may provide notice to the Liquidity Provider and the Liquidity Provider may provide notice to the Borrower of the then-effective Expiry Date. If the Expiry Date is on or after prior to the date that is 15 days after the Final Legal Distribution Date for the Class C A-1 Certificates), by written agreement between the Borrower and the Liquidity Provider, entered into at any time prior to the 25th day prior to the then-effective Expiry Date, the Borrower shall request that the Liquidity Provider extend the then-effective Expiry Date for a period may be extended, effective on such 25th day, to the earlier of 364 (i) the date that is 15 days after the then Final Legal Distribution Date for the Class A-1 Certificates and (ii) the date that is the last day of the 364 day period immediately following such then-effective Expiry Date (unless in either case the obligations of the Liquidity Provider are earlier terminated in accordance with the terms hereof). The If the Borrower and the Liquidity Provider may advise do not so agree to extend the Borrower, no earlier than 40 days and no later than 25 days prior to the then then-effective Expiry Date that it agrees prior to so extend the Expiry Date but in any event, without the necessity of any action on the part of the Liquidity Provider the Expiry Date shall automatically be so extended, unless the Liquidity Provider advises the Borrower on or before the such 25th day prior to the Expiry Date then in effect that such Expiry Date shall not be so extended in which event (and if the Liquidity Provider shall not have been replaced in accordance with Section 3.6(e3.06(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after such 25th day (but prior to the then effective such Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.6(d3.06(d) of the Intercreditor Agreement.

Appears in 2 contracts

Sources: Revolving Credit Agreement (American Airlines Inc), Revolving Credit Agreement (American Airlines Inc)

Extension of the Expiry Date; Non-Extension Advance. No At any time during the period no later than the 25th day and no earlier than the 60th day and no later than the 40th day prior to the then then-effective Expiry Date (unless such Date, the Borrower may provide notice to the Liquidity Provider and the Liquidity Provider may provide notice to the Borrower of the then-effective Expiry Date. If the Expiry Date is on or after prior to the date that is 15 days after the Final Legal Distribution Date for the Class C B Certificates), by written agreement between the Borrower and the Liquidity Provider, entered into at any time prior to the 25th day prior to the then-effective Expiry Date, the Borrower shall request that the Liquidity Provider extend the then-effective Expiry Date for a period may be extended, effective on such 25th day, to the earlier of 364 (i) the date that is 15 days after the then Final Legal Distribution Date for the Class B Certificates and (ii) the date that is the last day of the 364 day period immediately following such then-effective Expiry Date (unless in either case the obligations of the Liquidity Provider are earlier terminated in accordance with the terms hereof). The If the Borrower and the Liquidity Provider may advise do not so agree to extend the Borrower, no earlier than 40 days and no later than 25 days prior to the then then-effective Expiry Date that it agrees prior to so extend the Expiry Date but in any event, without the necessity of any action on the part of the Liquidity Provider the Expiry Date shall automatically be so extended, unless the Liquidity Provider advises the Borrower on or before the such 25th day prior to the Expiry Date then in effect that such Expiry Date shall not be so extended in which event (and if the Liquidity Provider shall not have been replaced in accordance with Section 3.6(e3.06(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after such 25th day (but prior to the then effective such Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.6(d3.06(d) of the Intercreditor Agreement.

Appears in 2 contracts

Sources: Revolving Credit Agreement (American Airlines Inc), Revolving Credit Agreement (American Airlines Inc)

Extension of the Expiry Date; Non-Extension Advance. No At any time during the period no later than the 25th day and no earlier than the 60th day and no later than the 40th day prior to the then then-effective Expiry Date (unless such Date, the Borrower may provide notice to the Liquidity Provider and the Liquidity Provider may provide notice to the Borrower of the then-effective Expiry Date. If the Expiry Date is on or after prior to the date that is 15 days after the Final Legal Distribution Date for the Class C A-2 Certificates), by written agreement between the Borrower and the Liquidity Provider, entered into at any time prior to the 25th day prior to the then-effective Expiry Date, the Borrower shall request that the Liquidity Provider extend the then-effective Expiry Date for a period may be extended, effective on such 25th day, to the earlier of 364 (i) the date that is 15 days after the then Final Legal Distribution Date for the Class A-2 Certificates and (ii) the date that is the last day of the 364 day period immediately following such then-effective Expiry Date (unless in either case the obligations of the Liquidity Provider are earlier terminated in accordance with the terms hereof). The If the Borrower and the Liquidity Provider may advise do not so agree to extend the Borrower, no earlier than 40 days and no later than 25 days prior to the then then-effective Expiry Date that it agrees prior to so extend the Expiry Date but in any event, without the necessity of any action on the part of the Liquidity Provider the Expiry Date shall automatically be so extended, unless the Liquidity Provider advises the Borrower on or before the such 25th day prior to the Expiry Date then in effect that such Expiry Date shall not be so extended in which event (and if the Liquidity Provider shall not have been replaced in accordance with Section 3.6(e3.06(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after such 25th day (but prior to the then effective such Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.6(d3.06(d) of the Intercreditor Agreement.

Appears in 2 contracts

Sources: Revolving Credit Agreement (American Airlines Inc), Revolving Credit Agreement (American Airlines Inc)

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Maturity Date for the Class C A Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date for a period of 364 days after the then effective Expiry Date (unless Date(unless the obligations of the Liquidity Provider are earlier terminated in accordance with the terms hereof). The Liquidity Provider may shall advise the Borrower, no earlier than 40 days and no later than then 25 days prior to the then effective Expiry Date that Date, whether, in its sole discretion, it agrees to so extend the Expiry Date but in any event, without the necessity of any action on the part of the Liquidity Provider the Expiry Date shall automatically be so extended, unless Date. If the Liquidity Provider advises the Borrower on or before the 25th day prior to the Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the 25th day prior to the Expiry Date then in effect that such Expiry Date shall be so extended (and, in which event (and each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after such 25th day (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b2.2(d) hereof and Section 3.6(d) of the Intercreditor Agreement.

Appears in 1 contract

Sources: Irrevocable Revolving Credit Agreement (Midway Airlines Corp)

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Date for the Class C B Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date for a period of 364 days after the then effective Expiry Date (unless the obligations of the Liquidity Provider are earlier terminated in accordance with the terms hereof). The Liquidity Provider may shall advise the Borrower, no earlier than 40 days and no later than 25 days prior to the then effective Expiry Date that Date, whether, in its sole discretion, it agrees to so extend the Expiry Date but in any event, without the necessity of any action on the part of the Liquidity Provider the Expiry Date shall automatically be so extended, unless Date. If the Liquidity Provider advises the Borrower on or before the 25th day prior to the Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the 25th day prior to the Expiry Date then in effect that such Expiry Date shall be so extended (and, in which event (and each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after such 25th day (but prior to the then effective Expiry Date) to request a Non-Non- Extension Advance in accordance with Section 2.02(b) hereof and Section 3.6(d) of the Intercreditor Agreement.

Appears in 1 contract

Sources: Revolving Credit Agreement (Us Airways Inc)

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Date for the Class C A Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date for a period of 364 days after the then effective Expiry Date (unless the obligations of the Liquidity Provider are earlier terminated in accordance with the terms hereof). The Liquidity Provider may shall advise the Borrower, no earlier than 40 days and no later than 25 days prior to the then effective Expiry Date that Date, whether, in its sole discretion, it agrees to so extend the Expiry Date but in any event, without the necessity of any action on the part of the Liquidity Provider the Expiry Date shall automatically be so extended, unless Date. If the Liquidity Provider advises the Borrower on or before the 25th day prior to the Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the 25th day prior to the Expiry Date then in effect that such Expiry Date shall be so extended (and, in which event (and each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after such 25th day (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.6(d) of the Intercreditor Agreement.with

Appears in 1 contract

Sources: Revolving Credit Agreement (Us Airways Inc)

Extension of the Expiry Date; Non-Extension Advance. No At any time during the period no later than the 25th day and no earlier than the 60th day and no later than the 40th day prior to the then then-effective Expiry Date (unless such Date, the Borrower may provide notice to the Primary Liquidity Provider and the Primary Liquidity Provider may provide notice to the Borrower of the then-effective Expiry Date. If the Expiry Date is on or after prior to the date that is 15 days after the Final Legal Distribution Date for the Class C G Certificates), by written agreement between the Borrower and the Primary Liquidity Provider, entered into at any time prior to the 25th day prior to the then-effective Expiry Date, the Borrower shall request that the Liquidity Provider extend the then-effective Expiry Date for a period may be extended, effective on such 25th day, to the earlier of 364 (i) the date that is 15 days after the then Final Legal Distribution Date for the Class G Certificates and (ii) the date that is the last day of the 364 day period immediately following such then-effective Expiry Date (unless in either case the obligations of the Primary Liquidity Provider are earlier terminated in accordance with the terms hereof). The If the Borrower and the Primary Liquidity Provider may advise do not so agree to extend the Borrower, no earlier than 40 days and no later than 25 days prior to the then then-effective Expiry Date that it agrees prior to so extend the Expiry Date but in any event, without the necessity of any action on the part of the Liquidity Provider the Expiry Date shall automatically be so extended, unless the Liquidity Provider advises the Borrower on or before the such 25th day prior to the Expiry Date then in effect that such Expiry Date shall not be so extended in which event (and if the Primary Liquidity Provider shall not have been replaced in accordance with Section 3.6(e3.06(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after such 25th day (but prior to the then effective such Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.6(d3.06(d) of the Intercreditor Agreement.

Appears in 1 contract

Sources: Revolving Credit Agreement (American Airlines Inc)

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Maturity Date for the Class C Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date for a period of 364 days after the then effective Expiry Date (unless the obligations of the Liquidity Provider are earlier terminated in accordance with the terms hereof). The Liquidity Provider may shall advise the Borrower, no earlier than 40 days and no later than then 25 days prior to the then effective Expiry Date that Date, whether, in its sole discretion, it agrees to so extend the Expiry Date but in any event, without the necessity of any action on the part of the Liquidity Provider the Expiry Date shall automatically be so extended, unless Date. If the Liquidity Provider advises the Borrower on or before the 25th day prior to the Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the 25th day prior to the Expiry Date then in effect that such Expiry Date shall be so extended (and, in which event (and each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after such 25th day (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b2.2(d) hereof and Section 3.6(d) of the Intercreditor Agreement.

Appears in 1 contract

Sources: Irrevocable Revolving Credit Agreement (Midway Airlines Corp)

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Date for the Class C A Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date for a period of 364 days after the then effective Expiry Date (unless the obligations of the Liquidity Provider are earlier terminated in accordance with the terms hereof). The Liquidity Provider may shall advise the Borrower, no earlier than 40 days and no later than 25 days prior to the then effective Expiry Date that Date, whether, in its sole discretion, it agrees to so extend the Expiry Date but in any event, without the necessity of any action on the part of the Liquidity Provider the Expiry Date shall automatically be so extended, unless Date. If the Liquidity Provider advises the Borrower on or before the 25th day prior to the Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the 25th day prior to the Expiry Date then in effect that such Expiry Date shall be so extended (and, in which event (and each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after such 25th day (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.6(d) of the Intercreditor Agreement.. 16 12

Appears in 1 contract

Sources: Revolving Credit Agreement (America West Airlines Inc)

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior Each Expiry Date shall, subject to the then effective Expiry Date following provisions of this Section 2.10, be automatically extended without any further act to the earlier of (unless such Expiry Date is on or after i) the date that which is 15 days after the Final Legal Distribution Date for the Class C Certificates), B Certificates and (ii) the Borrower shall request date that is the Liquidity Provider extend day immediately preceding the Expiry Date for a period of 364 days 364th day occurring after the then effective Expiry Date (unless the obligations last day of the Liquidity Provider are earlier terminated in accordance with the terms hereofTermination Period (as hereinafter defined). The Liquidity Provider may advise may, by a notice (a “Termination Notice”) to the Borrower, no earlier than 40 days and no later than 25 days prior to given during the then effective Expiry Date that it agrees to so extend the Expiry Date but in any event, without the necessity of any action period commencing on the part of the Liquidity Provider the Expiry Date shall automatically be so extended, unless the Liquidity Provider advises the Borrower on or before the 25th day date that is 60 days prior to the Expiry Date then in effect and ending on the date that is 25 days prior to the Expiry Date then in effect for such Liquidity Facility (such period, with respect to such Liquidity Facility, the “Termination Period”), determine that the Expiry Date shall not be so extended, which determination may be made or withheld by the Liquidity Provider in its absolute and sole discretion. If the Liquidity Provider so advises the Borrower that the applicable Expiry Date shall not be so extended in which event (and if the Liquidity Provider shall not have been replaced in accordance with Section 3.6(e3.5(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after such 25th day the date on which the Termination Period ends (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.6(d3.5(d) of the Intercreditor Agreement.

Appears in 1 contract

Sources: Revolving Credit Agreement (Northwest Airlines Corp)

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Date for the Class C Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date for a period of 364 days after the then effective Expiry Date (unless the obligations of the Liquidity Provider are earlier terminated in accordance with the terms hereof). The Liquidity Provider may shall advise the Borrower, no earlier than 40 days and no later than 25 days prior to the then effective Expiry Date that Date, whether, in its sole discretion, it agrees to so extend the Expiry Date but in any event, without the necessity of any action on the part of the Liquidity Provider the Expiry Date shall automatically be so extended, unless Date. If the Liquidity Provider advises the Borrower on or before the 25th day prior to the Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the 25th day prior to the Expiry Date then in effect that such Expiry Date shall be so extended (and, in which event (and each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after such 25th day (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.6(d) of the Intercreditor Agreement.. 16 12

Appears in 1 contract

Sources: Revolving Credit Agreement (America West Airlines Inc)

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Date for the Class C B Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date for a period of 364 days after the then effective Expiry Date (unless the obligations of the Liquidity Provider are earlier terminated in accordance with the terms hereof). The Liquidity Provider may advise the Borrower, no earlier than 40 days and no later than 25 days prior to the then effective Expiry Date that it agrees to so extend the Expiry Date but in any event, without the necessity of any action on the part of the Liquidity Provider the Expiry Date shall automatically be so extended, unless the Liquidity Provider advises the Borrower on or before the 25th day prior to the Expiry Date then in effect that such Expiry Date shall not be so extended in which event (and if the Liquidity Provider shall not have been replaced in accordance with Section 3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after such 25th day (but prior to the then effective Expiry Date) to request a Non-Non- Extension Advance in accordance with Section 2.02(b) hereof and Section 3.6(d) of the Intercreditor Agreement.

Appears in 1 contract

Sources: Revolving Credit Agreement (Us Airways Inc)

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Maturity Date for the Class C B Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date for a period of 364 days after the then effective Expiry Date (unless Date(unless the obligations of the Liquidity Provider are earlier terminated in accordance with the terms hereof). The Liquidity Provider may shall advise the Borrower, no earlier than 40 days and no later than then 25 days prior to the then effective Expiry Date that Date, whether, in its sole discretion, it agrees to so extend the Expiry Date but in any event, without the necessity of any action on the part of the Liquidity Provider the Expiry Date shall automatically be so extended, unless Date. If the Liquidity Provider advises the Borrower on or before the 25th day prior to the Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the 25th day prior to the Expiry Date then in effect that such Expiry Date shall be so extended (and, in which event (and each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after such 25th day (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b2.2(d) hereof and Section 3.6(d) of the Intercreditor Agreement.

Appears in 1 contract

Sources: Irrevocable Revolving Credit Agreement (Midway Airlines Corp)

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Maturity Date for the Class C B Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date for a period of 364 days after the then effective Expiry Date (unless the obligations of the Liquidity Provider are earlier terminated in accordance with the terms hereof). The Liquidity Provider may shall advise the Borrower, no earlier than 40 days and no later than 25 days prior to the then effective Expiry Date that Date, whether, in its sole discretion, it agrees to so extend the Expiry Date but in any event, without the necessity of any action on the part of the Liquidity Provider the Expiry Date shall automatically be so extended, unless Date. If the Liquidity Provider advises the Borrower on or before the 25th day prior to the Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the 25th day prior to the Expiry Date then in effect that such Expiry Date shall be so extended (and, in which event (and each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after such 25th day (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.6(d) of the Intercreditor Agreement.

Appears in 1 contract

Sources: Revolving Credit Agreement (Continental Airlines Inc /De/)

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Date for the Class C B Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date for a period of 364 days after the then effective Expiry Date (unless the obligations of the Liquidity Provider are earlier terminated in accordance with the terms hereof). The Liquidity Provider may shall advise the Borrower, no earlier than 40 days and no later than 25 days prior to the then effective Expiry Date that Date, whether, in its sole discretion, it agrees to so extend the Expiry Date but in any event, without the necessity of any action on the part of the Liquidity Provider the Expiry Date shall automatically be so extended, unless Date. If the Liquidity Provider advises the Borrower on or before the 25th day prior to the Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the 25th day prior to the Expiry Date then in effect that such Expiry Date shall be so extended (and, in which event (and each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after such 25th day (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.6(d) of the Intercreditor Agreement.. 16 12

Appears in 1 contract

Sources: Revolving Credit Agreement (America West Airlines Inc)