Liquidity Events of Default and Special Termination. (a) If (i) any Liquidity Event of Default has occurred and is continuing and (ii) there is a Performing Note Deficiency, the Primary Liquidity Provider may, in its discretion, deliver to the Borrower a Termination Notice, the effect of which shall be to cause (A) the obligation of the Primary Liquidity Provider to make Advances hereunder to expire on the fifth Business Day after the date on which such Termination Notice is received by the Borrower and JetBlue, (B) the Borrower to promptly request, and the Primary Liquidity Provider to promptly make, a Final Advance in accordance with Section 2.02(d) and Section 3.6(i) of the Intercreditor Agreement, (C) all other outstanding Advances to be automatically converted into Final Advances for purposes of determining the Applicable Liquidity Rate for interest payable thereon, and (D) subject to Sections 2.07 and 2.09, all Advances (including, without limitation, any Provider Advance and Applied Provider Advance), any accrued interest thereon and any other amounts outstanding hereunder to become immediately due and payable to the Primary Liquidity Provider. (b) If the aggregate Pool Balance of the Class G-1 Certificates and Class G-2 Certificates is greater than the aggregate outstanding principal amount of the Series G-1 Equipment Notes and Series G-2 Equipment Notes (other than any Series G-1 Equipment Notes or Series G-2 Equipment Notes previously sold or with respect to which the collateral securing such Series G-1 Equipment Notes or Series G-2 Equipment Notes has been disposed of) at any time during the 18-month period prior to March 15, 2014, the Primary Liquidity Provider may, in its discretion, deliver to the Borrower a Special Termination Notice, the effect of which shall be to cause (i) the obligation of the Liquidity Provider to make Advances hereunder to expire on the fifth Business Day after the date on which such Special Termination Notice is received by the Borrower and JetBlue, (ii) the Borrower to promptly request, and the Primary Liquidity Provider to promptly make, a Special Termination Advance in accordance with Section 2.02(e) and Section 3.6(k) of the Intercreditor Agreement, and (iii) subject to Sections 2.07 and 2.09, all Advances (including, without limitation, any Provider Advance and Applied Provider Advance), any accrued interest thereon and any other amounts outstanding hereunder to become immediately due and payable to the Primary Liquidity Provider.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Jetblue Airways Corp), Revolving Credit Agreement (Jetblue Airways Corp)
Liquidity Events of Default and Special Termination. (a) If (i) any Liquidity Event of Default has occurred and is continuing and (ii) there is a Performing Note Deficiency, the Primary Liquidity Provider may, in its discretion, deliver to the Borrower a Termination Notice, the effect of which shall be to cause (A) the obligation of the Primary Liquidity Provider to make Advances hereunder to expire on the fifth Business Day after the date on which such Termination Notice is received by the Borrower and JetBlue, (B) the Borrower to promptly request, and the Primary Liquidity Provider to promptly make, a Final Advance in accordance with Section 2.02(d) and Section 3.6(i) of the Intercreditor Agreement, (C) all other outstanding Advances to be automatically converted into Final Advances for purposes of determining the Applicable Liquidity Rate for interest payable thereon, and (D) subject to Sections 2.07 and 2.09, all Advances (including, without limitation, any Provider Advance and Applied Provider Advance), any accrued interest thereon and any other amounts outstanding hereunder to become immediately due and payable to the Primary Liquidity Provider.
(b) If the aggregate Pool Balance of the Class G-1 Certificates and Class G-2 Certificates is greater than the aggregate outstanding principal amount of the Series G-1 Equipment Notes and Series G-2 Equipment Notes (other than any Series G-1 Equipment Notes or Series G-2 Equipment Notes previously sold or with respect to which the collateral securing such Series G-1 Equipment Notes or Series G-2 Equipment Notes has been disposed of) at any time during the 18-month period prior to March November 15, 2014, 2016 the Primary Liquidity Provider may, in its discretion, deliver to the Borrower a Special Termination Notice, the effect of which shall be to cause (i) the obligation of the Primary Liquidity Provider to make Advances hereunder to expire on the fifth Business Day after the date on which such Special Termination Notice is received by the Borrower and JetBlue, (ii) the Borrower to promptly request, and the Primary Liquidity Provider to promptly make, a Special Termination Advance in accordance with Section 2.02(e) and Section 3.6(k) of the Intercreditor Agreement, and (iii) subject to Sections 2.07 and 2.09, all Advances (including, without limitation, any Provider Advance and Applied Provider Advance), any accrued interest thereon and any other amounts outstanding hereunder to become immediately due and payable to the Primary Liquidity Provider.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Jetblue Airways Corp), Revolving Credit Agreement (Jetblue Airways Corp)
Liquidity Events of Default and Special Termination. (a) If (i) any Liquidity Event of Default has occurred and is continuing and (ii) there is a Performing Note Deficiency, the Primary Liquidity Provider may, in its discretion, deliver to the Borrower a Termination Notice, the effect of which shall be to cause (A) the obligation of the Primary Liquidity Provider to make Advances hereunder to expire on the fifth Business Day after the date on which such Termination Notice is received by the Borrower and JetBlueBorrower, (B) the Borrower to promptly request, and the Primary Liquidity Provider to promptly make, a Final Advance in accordance with Section 2.02(d) hereof and Section 3.6(i3.5(i) of the Intercreditor Agreement, (C) all other outstanding Advances to be automatically converted into Final Advances for purposes of determining the Applicable Liquidity Rate for interest payable thereon, and (D) subject to Sections 2.07 and 2.092.09 hereof, all Advances (including, without limitation, any Provider Advance and Applied Provider Advance), any accrued interest thereon and any other amounts outstanding hereunder to become immediately due and payable to the Primary Liquidity Provider.
(b) If the aggregate Pool Balance of the Class G-1 Certificates and Class G-2 A Certificates is greater than the aggregate outstanding principal amount of the Series G-1 Equipment Notes and Series G-2 A Equipment Notes (other than any Series G-1 Equipment Notes or Series G-2 A Equipment Notes previously sold or with respect to which the collateral securing such Series G-1 Equipment Notes or Series G-2 A Equipment Notes has been disposed of) at any time during the 18-month period prior to March 15August 1, 20142022, the Primary Liquidity Provider may, in its discretion, deliver to the Borrower a Special Termination Notice, the effect of which shall be to cause (i) the obligation of the Liquidity Provider to make Advances hereunder to expire on the fifth Business Day after the date on which such Special Termination Notice is received by the Borrower and JetBlueBorrower, (ii) the Borrower to promptly request, and the Primary Liquidity Provider to promptly make, a Special Termination Advance in accordance with Section 2.02(e2.02(g) and Section 3.6(k3.5(k) of the Intercreditor Agreement, and (iii) subject to Sections 2.07 and 2.09, all Advances (including, without limitation, any Provider Advance and Applied Provider Advance), any accrued interest thereon and any other amounts outstanding hereunder to become immediately due and payable to the Primary Liquidity Provider.
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Liquidity Events of Default and Special Termination. (a) If (i) any Liquidity Event of Default has occurred and is continuing and (ii) there is a Performing Note Deficiency, the Primary Liquidity Provider may, in its discretion, deliver to the Borrower a Termination Notice, the effect of which shall be to cause (A) the obligation of the Primary Liquidity Provider to make Advances hereunder to expire on the fifth Business Day after the date on which such Termination Notice is received by the Borrower and JetBlue, (B) the Borrower to promptly request, and the Primary Liquidity Provider to promptly make, a Final Advance in accordance with Section 2.02(d) and Section 3.6(i) of the Intercreditor Agreement, (C) all other outstanding Advances to be automatically converted into Final Advances for purposes of determining the Applicable Liquidity Rate for interest payable thereon, and (D) subject to Sections 2.07 and 2.09, all Advances (including, without limitation, any Provider Advance and Applied Provider Advance), any accrued interest thereon and any other amounts outstanding hereunder to become immediately due and payable to the Primary Liquidity Provider.
(b) If an Indenture Event of Default arising due to a payment default on any Series C Equipment Note occurs under any Indenture and such Indenture Event of Default is not cured in full by the aggregate Pool Balance earlier of (x) the end of the Class G-1 Certificates and Class G-2 Certificates is greater than the aggregate outstanding principal amount of the Series G-1 Equipment Notes and Series G-2 Equipment Notes (other than any Series G-1 Equipment Notes or Series G-2 Equipment Notes previously sold or with respect to which the collateral securing such Series G-1 Equipment Notes or Series G-2 Equipment Notes has been disposed of) at any time during the 1836-month period prior to March beginning on the date of such Indenture Event of Default and (y) October 15, 2014, 2008 the Primary Liquidity Provider may, in its discretion, deliver to the Borrower a Special Termination Notice, the effect of which shall be to cause (i) the obligation of the Primary Liquidity Provider to make Advances hereunder to expire on the fifth Business Day after the date on which such Special Termination Notice is received by the Borrower and JetBlue, (ii) the Borrower to promptly request, and the Primary Liquidity Provider to promptly make, a Special Termination Advance in accordance with Section 2.02(e) and Section 3.6(k) of the Intercreditor Agreement, and (iii) subject to Sections 2.07 and 2.09, all Advances (including, without limitation, any Provider Advance and Applied Provider Advance), any accrued interest thereon and any other amounts outstanding hereunder to become immediately due and payable to the Primary Liquidity Provider.
Appears in 1 contract
Liquidity Events of Default and Special Termination. (a) If (i) any Liquidity Event of Default has occurred and is continuing and (ii) there is a Performing Note Deficiency, the Primary Liquidity Provider may, in its discretion, deliver to the Borrower a Termination Notice, the effect of which shall be to cause (A) the obligation of the Primary Liquidity Provider to make Advances hereunder to expire on the fifth Business Day after the date on which such Termination Notice is received by the Borrower and JetBlueBorrower, (B) the Borrower to promptly request, and the Primary Liquidity Provider to promptly make, a Final Advance in accordance with Section 2.02(d) hereof and Section 3.6(i3.5(i) of the Intercreditor Agreement, (C) all other outstanding Advances to be automatically converted into Final Advances for purposes of determining the Applicable Liquidity Rate for interest payable thereon, and (D) subject to Sections 2.07 and 2.092.09 hereof, all Advances (including, without limitation, any Provider Advance and Applied Provider Advance), any accrued interest thereon and any other amounts outstanding hereunder to become immediately due and payable to the Primary Liquidity Provider.
(b) If the aggregate Pool Balance of the Class G-1 Certificates and Class G-2 A Certificates is greater than the aggregate outstanding principal amount of the Series G-1 Equipment Notes and Series G-2 A Equipment Notes (other than any Series G-1 Equipment Notes or Series G-2 A Equipment Notes previously sold or with respect to which the collateral securing such Series G-1 Equipment Notes or Series G-2 A Equipment Notes has been disposed of) at any time during the 18-18 month period prior to March 15November 1, 2014, 2016 the Primary Liquidity Provider may, in its discretion, deliver to the Borrower a Special Termination Notice, the effect of which shall be to cause (i) the obligation of the Liquidity Provider to make Advances hereunder to expire on the fifth Business Day after the date on which such Special Termination Notice is received by the Borrower and JetBlueBorrower, (ii) the Borrower to promptly request, and the Primary Liquidity Provider to promptly make, a Special Termination Advance in accordance with Section 2.02(e2.02(g) and Section 3.6(k3.5(k) of the Intercreditor Agreement, and (iii) subject to Sections 2.07 and 2.09, all Advances (including, without limitation, any Provider Advance and Applied Provider Advance), any accrued interest thereon and any other amounts outstanding hereunder to become immediately due and payable to the Primary Liquidity Provider.
Appears in 1 contract
Liquidity Events of Default and Special Termination. If
(a) If (i) any Liquidity Event of Default has occurred and is continuing and (iib) there is a Performing Note Deficiency, the Primary Liquidity Provider may, in its discretion, deliver to the Borrower a Termination Notice, the effect of which shall be to cause (Ai) the obligation of the Primary Liquidity Provider to make Advances hereunder this Agreement to expire on the fifth Business Day after the date on which such Termination Notice is received by the Borrower and JetBlueBorrower, (Bii) the Borrower to promptly request, and the Primary Liquidity Provider to promptly make, a Final Advance in accordance with Section 2.02(d) hereof and Section 3.6(i3.5(i) of the Intercreditor Agreement, (Ciii) all other outstanding Advances to be automatically converted into Final Advances for purposes of determining the Applicable Liquidity Rate for interest payable thereon, and (Div) subject to Sections 2.07 and 2.092.09 hereof, all Advances (including, without limitation, any Provider Advance and Applied Provider Advance), any accrued interest thereon and any other amounts outstanding hereunder to become immediately due and payable to the Primary Liquidity Provider.
(b) If the aggregate Pool Balance of the Class G-1 Certificates and Class G-2 B Certificates is greater than the aggregate outstanding principal amount of the Series G-1 Equipment Notes and Series G-2 B Equipment Notes (other than any Series G-1 Equipment Notes or Series G-2 B Equipment Notes previously sold or with respect to which the collateral securing Aircraft related to such Series G-1 Equipment Notes or Series G-2 B Equipment Notes has been disposed of) at any time during the 18-month period prior to March 15November 1, 2014, 2017 the Primary Liquidity Provider may, in its discretion, deliver to the Borrower a Special Termination Notice, the effect of which shall be to cause (i) the obligation of the Liquidity Provider to make Advances hereunder to expire on the fifth Business Day after the date on which such Special Termination Notice is received by the Borrower and JetBlueBorrower, (ii) the Borrower to promptly request, and the Primary Liquidity Provider to promptly make, a Special Termination Advance in accordance with Section 2.02(e2.02(g) hereof and Section 3.6(k3.5(k) of the Intercreditor Agreement, and (iii) subject to Sections 2.07 and 2.092.09 hereof , all Advances (including, without limitation, any Provider Advance and Applied Provider Advance), any accrued interest thereon and any other amounts outstanding hereunder to become immediately due and payable to the Primary Liquidity Provider.
Appears in 1 contract
Sources: Revolving Credit Agreement (Northwest Airlines Corp)
Liquidity Events of Default and Special Termination. (a) If (i) any Liquidity Event of Default has occurred and is continuing and (ii) there is a Performing Note Deficiency, the Primary Liquidity Provider may, in its discretion, deliver to the Borrower a Termination Notice, the effect of which shall be to cause (Aw) the obligation of the Primary Liquidity Provider to make Advances hereunder to expire on the fifth Business Day after the date on which such Termination Notice is received by the Borrower and JetBlueBorrower, (Bx) the Borrower to promptly request, and the Primary Liquidity Provider to promptly make, a Final Advance in accordance with Section 2.02(d) hereof and Section 3.6(i) of the Intercreditor Agreement, (Cy) all other outstanding Advances to be automatically converted into Final Advances for purposes of determining the Applicable Liquidity Rate for interest payable thereon, and (Dz) subject to Sections 2.07 and 2.092.09 hereof, all Advances (including, without limitation, any Provider Advance and Applied Provider Advance), any accrued interest thereon and any other amounts outstanding hereunder to become immediately due and payable to the Primary Liquidity Provider.
(b) If the aggregate Pool Balance of the Class G-1 Certificates and Class G-2 Certificates is greater than the aggregate outstanding principal amount of the Series G-1 Equipment Notes and Series G-2 Equipment Notes (other than any Series G-1 Equipment Notes or Series G-2 Equipment Notes previously sold or with respect to which the collateral securing such Series G-1 Equipment Notes or Series G-2 Equipment Notes has been disposed of) at any time during the 18-month period prior to March 15September 1, 20142019, the Primary Liquidity Provider may, in its discretion, deliver to the Borrower a CNAI Special Termination Notice, the effect of which shall be to cause (i) the obligation of the Liquidity Provider to make Advances hereunder to expire on the fifth Business Day after the date on which such CNAI Special Termination Notice is received by the Borrower and JetBlueBorrower, (ii) the Borrower to promptly request, and the Primary Liquidity Provider to promptly make, a CNAI Special Termination Advance in accordance with Section 2.02(e) hereof and Section 3.6(k) of the Intercreditor Agreement, Agreement and (iii) subject to Sections 2.07 and 2.092.09 hereof, all Advances (including, without limitation, any Provider Advance and Applied Provider Advance), any accrued interest thereon and any other amounts outstanding hereunder to become immediately due and payable to the Primary Liquidity Provider.
Appears in 1 contract
Sources: Revolving Credit Agreement (Continental Airlines Inc /De/)
Liquidity Events of Default and Special Termination. (a) If (i) any Liquidity Event of Default has occurred and is continuing and (ii) there is a Performing Note Deficiency, the Primary Liquidity Provider may, in its discretion, deliver to the Borrower a Termination Notice, the effect of which shall be to cause (A) the obligation of the Primary Liquidity Provider to make Advances hereunder to expire on the fifth Business Day after the date on which such Termination Notice is received by the Borrower and JetBlue, (B) the Borrower to promptly request, and the Primary Liquidity Provider to promptly make, a Final Advance in accordance with Section 2.02(d) and Section 3.6(i) of the Intercreditor Agreement, (C) all other outstanding Advances to be automatically converted into Final Advances for purposes of determining the Applicable Liquidity Rate for interest payable thereon, and (D) subject to Sections 2.07 and 2.09, all Advances (including, without limitation, any Provider Advance and Applied Provider Advance), any accrued interest thereon and any other amounts outstanding hereunder to become immediately due and payable to the Primary Liquidity Provider.
(b) If an Indenture Event of Default arising due to a payment default on any Series C Equipment Note occurs under any Indenture and such Indenture Event of Default is not cured in full by the aggregate Pool Balance earlier of (x) the end of the Class G-1 Certificates and Class G-2 Certificates is greater than the aggregate outstanding principal amount of the Series G-1 Equipment Notes and Series G-2 Equipment Notes (other than any Series G-1 Equipment Notes or Series G-2 Equipment Notes previously sold or with respect to which the collateral securing such Series G-1 Equipment Notes or Series G-2 Equipment Notes has been disposed of) at any time during the 1836-month period prior to March beginning on the date of such Indenture Event of Default and (y) February 15, 20142008, the Primary Liquidity Provider may, in its discretion, deliver to the Borrower a Special Termination Notice, the effect of which shall be to cause (i) the obligation of the Liquidity Provider to make Advances hereunder to expire on the fifth Business Day after the date on which such Special Termination Notice is received by the Borrower and JetBlue, (ii) the Borrower to promptly request, and the Primary Liquidity Provider to promptly make, a Special Termination Advance in accordance with Section 2.02(e) and Section 3.6(k) of the Intercreditor Agreement, and (iii) subject to Sections 2.07 and 2.09, all Advances (including, without limitation, any Provider Advance and Applied Provider Advance), any accrued interest thereon and any other amounts outstanding hereunder to become immediately due and payable to the Primary Liquidity Provider.
Appears in 1 contract
Liquidity Events of Default and Special Termination. (a) If (i) any Liquidity Event of Default has occurred and is continuing and (ii) there is a Performing Note Deficiency, the Primary Liquidity Provider may, in its discretion, deliver to the Borrower a Termination Notice, the effect of which shall be to cause (A) the obligation of the Primary Liquidity Provider to make Advances hereunder to expire on the fifth Business Day after the date on which such Termination Notice is received by the Borrower and JetBlueBorrower, (B) the Borrower to promptly request, and the Primary Liquidity Provider to promptly make, a Final Advance in accordance with Section 2.02(d) hereof and Section 3.6(i3.5(i) of the Intercreditor Agreement, (C) all other outstanding Advances to be automatically converted into Final Advances for purposes of determining the Applicable Liquidity Rate for interest payable thereon, and (D) subject to Sections 2.07 and 2.092.09 hereof, all Advances (including, without limitation, any Provider Advance and Applied Provider Advance), any accrued interest thereon and any other amounts outstanding hereunder to become immediately due and payable to the Primary Liquidity Provider.
(b) If the aggregate Pool Balance of the Class G-1 Certificates and Class G-2 B Certificates is greater than the aggregate outstanding principal amount of the Series G-1 Equipment Notes and Series G-2 B Equipment Notes (other than any Series G-1 Equipment Notes or Series G-2 B Equipment Notes previously sold or with respect to which the collateral securing such Series G-1 Equipment Notes or Series G-2 B Equipment Notes has been disposed of) at any time during the 18-month period prior to March 15July 2, 2014, 2019 the Primary Liquidity Provider may, in its discretion, deliver to the Borrower a Special Termination Notice, the effect of which shall be to cause (i) the obligation of the Liquidity Provider to make Advances hereunder to expire on the fifth Business Day after the date on which such Special Termination Notice is received by the Borrower and JetBlueBorrower, (ii) the Borrower to promptly request, and the Primary Liquidity Provider to promptly make, a Special Termination Advance in accordance with Section 2.02(e2.02(g) and Section 3.6(k3.5(k) of the Intercreditor Agreement, and (iii) subject to Sections 2.07 and 2.09, all Advances (including, without limitation, any Provider Advance and Applied Provider Advance), any accrued interest thereon and any other amounts outstanding hereunder to become immediately due and payable to the Primary Liquidity Provider.
Appears in 1 contract
Liquidity Events of Default and Special Termination. (a) If (i) any Liquidity Event of Default has occurred and is continuing and (ii) there is a Performing Note Deficiency, the Primary Liquidity Provider may, in its discretion, deliver to the Borrower a Termination Notice, the effect of which shall be to cause (A) the obligation of the Primary Liquidity Provider to make Advances hereunder to expire on the fifth Business Day after the date on which such Termination Notice is received by the Borrower and JetBlueBorrower, (B) the Borrower to promptly request, and the Primary Liquidity Provider to promptly make, a Final Advance in accordance with Section 2.02(d) hereof and Section 3.6(i3.5(i) of the Intercreditor Agreement, (C) all other outstanding Advances to be automatically converted into Final Advances for purposes of determining the Applicable Liquidity Rate for interest payable thereon, and (D) subject to Sections 2.07 and 2.092.09 hereof, all Advances (including, without limitation, any Provider Advance and Applied Provider Advance), any accrued interest thereon and any other amounts outstanding hereunder to become immediately due and payable to the Primary Liquidity Provider.
(b) If the aggregate Pool Balance of the Class G-1 Certificates and Class G-2 A Certificates is greater than the aggregate outstanding principal amount of the Series G-1 Equipment Notes and Series G-2 A Equipment Notes (other than any Series G-1 Equipment Notes or Series G-2 A Equipment Notes previously sold or with respect to which the collateral securing such Series G-1 Equipment Notes or Series G-2 A Equipment Notes has been disposed of) at any time during the 18-18 month period prior to March January 15, 2014, 2017 the Primary Liquidity Provider may, in its discretion, deliver to the Borrower a Special Termination Notice, the effect of which shall be to cause (i) the obligation of the Liquidity Provider to make Advances hereunder to expire on the fifth Business Day after the date on which such Special Termination Notice is received by the Borrower and JetBlueBorrower, (ii) the Borrower to promptly request, and the Primary Liquidity Provider to promptly make, a Special Termination Advance in accordance with Section 2.02(e2.02(g) and Section 3.6(k3.5(m) of the Intercreditor Agreement, and (iii) subject to Sections 2.07 and 2.09, all Advances (including, without limitation, any Provider Advance and Applied Provider Advance), any accrued interest thereon and any other amounts outstanding hereunder to become immediately due and payable to the Primary Liquidity Provider.
Appears in 1 contract
Liquidity Events of Default and Special Termination. (a) If (i) any Liquidity Event of Default has occurred and is continuing and (ii) there is a Performing Note Deficiency, the Primary Liquidity Provider may, in its discretion, deliver to the Borrower a Termination Notice, the effect of which shall be to cause (A) the obligation of the Primary Liquidity Provider to make Advances hereunder to expire on the fifth Business Day after the date on which such Termination Notice is received by the Borrower and JetBlueBorrower, (B) the Borrower to promptly request, and the Primary Liquidity Provider to promptly make, a Final Advance in accordance with Section 2.02(d) hereof and Section 3.6(i3.5(i) of the Intercreditor Agreement, (C) all other outstanding Advances to be automatically converted into Final Advances for purposes of determining the Applicable Liquidity Rate for interest payable thereon, and (D) subject to Sections 2.07 and 2.092.09 hereof, all Advances (including, without limitation, any Provider Advance and Applied Provider Advance), any accrued interest thereon and any other amounts outstanding hereunder to become immediately due and payable to the Primary Liquidity Provider.
(b) If the aggregate Pool Balance of the Class G-1 Certificates and Class G-2 A Certificates is greater than the aggregate outstanding principal amount of the Series G-1 Equipment Notes and Series G-2 A Equipment Notes (other than any Series G-1 Equipment Notes or Series G-2 A Equipment Notes previously sold or with respect to which the collateral securing such Series G-1 Equipment Notes or Series G-2 A Equipment Notes has been disposed of) at any time during the 18-month period prior to March 15July 2, 2014, 2022 the Primary Liquidity Provider may, in its discretion, deliver to the Borrower a Special Termination Notice, the effect of which shall be to cause (i) the obligation of the Liquidity Provider to make Advances hereunder to expire on the fifth Business Day after the date on which such Special Termination Notice is received by the Borrower and JetBlueBorrower, (ii) the Borrower to promptly request, and the Primary Liquidity Provider to promptly make, a Special Termination Advance in accordance with Section 2.02(e2.02(g) and Section 3.6(k3.5(k) of the Intercreditor Agreement, and (iii) subject to Sections 2.07 and 2.09, all Advances (including, without limitation, any Provider Advance and Applied Provider Advance), any accrued interest thereon and any other amounts outstanding hereunder to become immediately due and payable to the Primary Liquidity Provider.
Appears in 1 contract
Liquidity Events of Default and Special Termination. (a) If (i) any Liquidity Event of Default has occurred and is continuing and (ii) there is a Performing Note Deficiency, the Primary Liquidity Provider may, in its discretion, deliver to the Borrower a Termination Notice, the effect of which shall be to cause (A) the obligation of the Primary Liquidity Provider to make Advances hereunder to expire on the fifth Business Day after the date on which such Termination Notice is received by the Borrower and JetBlueBorrower, (B) the Borrower to promptly request, and the Primary Liquidity Provider to promptly make, a Final Advance in accordance with Section 2.02(d) hereof and Section 3.6(i3.5(i) of the Intercreditor Agreement, (C) all other outstanding Advances to be automatically converted into Final Advances for purposes of determining the Applicable Liquidity Rate for interest payable thereon, and (D) subject to Sections 2.07 and 2.092.09 hereof, all Advances (including, without limitation, any Provider Advance and Applied Provider Advance), any accrued interest thereon and any other amounts outstanding hereunder to become immediately due and payable to the Primary Liquidity Provider.
(b) If the aggregate Pool Balance of the Class G-1 Certificates and Class G-2 B Certificates is greater than the aggregate outstanding principal amount of the Series G-1 Equipment Notes and Series G-2 B Equipment Notes (other than any Series G-1 Equipment Notes or Series G-2 B Equipment Notes previously sold or with respect to which the collateral securing such Series G-1 Equipment Notes or Series G-2 B Equipment Notes has been disposed of) at any time during the 18-18 month period prior to March January 15, 2014, 2016 the Primary Liquidity Provider may, in its discretion, deliver to the Borrower a Special Termination Notice, the effect of which shall be to cause (i) the obligation of the Liquidity Provider to make Advances hereunder to expire on the fifth Business Day after the date on which such Special Termination Notice is received by the Borrower and JetBlueBorrower, (ii) the Borrower to promptly request, and the Primary Liquidity Provider to promptly make, a Special Termination Advance in accordance with Section 2.02(e2.02(g) and Section 3.6(k3.5(m) of the Intercreditor Agreement, and (iii) subject to Sections 2.07 and 2.09, all Advances (including, without limitation, any Provider Advance and Applied Provider Advance), any accrued interest thereon and any other amounts outstanding hereunder to become immediately due and payable to the Primary Liquidity Provider.
Appears in 1 contract