Termination of Indenture. Subject to Section 7.05, upon (or at any time after) payment in full of the principal amount of, Make-Whole Amount, if any, and interest on and all other amounts due under all Equipment Notes and provided that (i) there shall then be (x) no other Secured Obligations due to the Noteholders, the Loan Trustee and the other Indenture Indemnitees hereunder, under the Participation Agreement or any other Operative Document, and (y) no Related Secured Obligations due under any Related Indenture or any other “Operative Document” (as defined in any Related Indenture) and (ii) in the case of any redemption of all of the Equipment Notes pursuant to Section 2.11(a), the provisions of the foregoing clause (i) shall apply and no Related Indenture Bankruptcy Default or Related Indenture Event of Default shall have occurred and be continuing, the Company shall direct the Loan Trustee to execute and deliver to or as directed in writing by the Company an appropriate instrument releasing the Aircraft and the Engines and (subject to subclause (ix) of clause “third” of Section 3.03, if applicable) all other Collateral from the Lien of this Indenture and the Loan Trustee shall execute and deliver such instrument as aforesaid; provided that this Indenture and the trusts created hereby shall earlier terminate and this Indenture shall be of no further force or effect upon any sale or other final disposition by the Loan Trustee of all property constituting part of the Collateral and the final distribution by the Loan Trustee of all monies or other property or proceeds constituting part of the Collateral in accordance with the terms hereof. Except as aforesaid otherwise provided, this Indenture and the trusts created hereby shall continue in full force and effect in accordance with the terms hereof.
Appears in 5 contracts
Sources: Note Purchase Agreement (American Airlines Inc), Note Purchase Agreement (American Airlines Inc), Note Purchase Agreement (American Airlines Inc)
Termination of Indenture. Subject to Section 7.05, upon (or at any time after) payment in full of the principal amount of, Make-Whole Amount, if any, and interest on and all other amounts due under all Equipment Notes and provided that (i) there shall then be (x) no other Secured Obligations due to the Noteholders, the Loan Trustee and the other Indenture Indemnitees hereunder, under the Participation Agreement or any other Operative Document, and (y) no Related Secured Obligations due under any Related Indenture or any other “Operative Document” (as defined in any Related Indenture) and (ii) in the case of any redemption of all of the Equipment Notes pursuant to Section 2.11(a), the provisions of the foregoing clause (i) shall apply and no Related Indenture Bankruptcy Default or Related Indenture Event of Default shall have occurred and be continuing, the Company shall direct the Loan Trustee to execute and deliver to or as directed in writing by the Company an appropriate instrument releasing the Aircraft and the Engines and (subject to subclause paragraph (ixvii) of clause “third” of Section 3.03, if applicable) all other Collateral from the Lien of this Indenture and the Loan Trustee shall execute and deliver such instrument as aforesaid; provided that this Indenture and the trusts created hereby shall earlier terminate and this Indenture shall be of no further force or effect upon any sale or other final disposition by the Loan Trustee of all property constituting part of the Collateral and the final distribution by the Loan Trustee of all monies or other property or proceeds constituting part of the Collateral in accordance with the terms hereof. Except as aforesaid otherwise provided, this Indenture and the trusts created hereby shall continue in full force and effect in accordance with the terms hereof.
Appears in 5 contracts
Sources: Indenture and Security Agreement (Delta Air Lines Inc /De/), Indenture and Security Agreement (Delta Air Lines Inc /De/), Indenture and Security Agreement (Delta Air Lines Inc /De/)
Termination of Indenture. Subject to Section 7.05, upon (or at any time after) payment in full of the principal amount of, Make-Whole Premium Amount, if any, and interest on and all other amounts due under all Equipment Notes and provided that (i) there shall then be (x) no other Secured Obligations due to the Noteholders, the Loan Trustee and the other Indenture Indemnitees hereunder, under the Participation Agreement or any other Operative Document, and (y) no Related Secured Obligations due under any Related Indenture or any other “Operative Document” (as defined in any Related Indenture) and (ii) in the case of any redemption of all of the Equipment Notes pursuant to Section 2.11(a), the provisions of the foregoing clause (i) shall apply and no Related Indenture Bankruptcy Default or Related Indenture Event of Default shall have occurred and be continuing, the Company shall direct the Loan Trustee to execute and deliver to or as directed in writing by the Company an appropriate instrument releasing the Aircraft and the Engines and (subject to subclause (ix) of clause “third” of Section 3.03, if applicable) all other Collateral from the Lien of this Indenture and the Loan Trustee shall execute and deliver such instrument as aforesaid; provided that this Indenture and the trusts created hereby shall earlier terminate and this Indenture shall be of no further force or effect upon any sale or other final disposition by the Loan Trustee of all property constituting part of the Collateral and the final distribution by the Loan Trustee of all monies or other property or proceeds constituting part of the Collateral in accordance with the terms hereof. Except as aforesaid otherwise provided, this Indenture and the trusts created hereby shall continue in full force and effect in accordance with the terms hereof.
Appears in 5 contracts
Sources: Indenture and Security Agreement (American Airlines Inc), Indenture and Security Agreement (American Airlines Inc), Indenture and Security Agreement (Amr Corp)
Termination of Indenture. Subject to Section 7.05, upon (or at any time after) payment in full of the principal amount of, Make-Whole Amount, if any, and interest on and all other amounts due under all Equipment Notes and provided that (i) there shall then be (x) no other Secured Obligations due to the Noteholders, the Loan Trustee and the other Indenture Indemnitees hereunder, under the Participation Agreement or any other Operative Document, and (y) no Related Secured Obligations due under any Related Indenture or any other “Operative Document” (as defined in any Related Indenture) and (ii) in the case of any redemption of all of the Equipment Notes pursuant to Section 2.11(a), the provisions of the foregoing clause (i) shall apply and no Related Indenture Bankruptcy Default or Related Indenture Event of Default shall have occurred and be continuing, the Company shall direct the Loan Trustee to execute and deliver to or as directed in writing by the Company an appropriate instrument releasing the Aircraft and the Engines and (subject to subclause (ixxi) of clause “third” of Section 3.03, if applicable) all other Collateral from the Lien of this Indenture and the Loan Trustee shall execute and deliver such instrument as aforesaid; provided that this Indenture and the trusts created hereby shall earlier terminate and this Indenture shall be of no further force or effect upon any sale or other final disposition by the Loan Trustee of all property constituting part of the Collateral and the final distribution by the Loan Trustee of all monies or other property or proceeds constituting part of the Collateral in accordance with the terms hereof. Except as aforesaid otherwise provided, this Indenture and the trusts created hereby shall continue in full force and effect in accordance with the terms hereof.
Appears in 5 contracts
Sources: Note Purchase Agreement (American Airlines Inc), Note Purchase Agreement (American Airlines Inc), Note Purchase Agreement (American Airlines Inc)
Termination of Indenture. Subject to Section 7.05, upon (or at any time after) Upon payment in full of the principal amount Principal Amount of, Make-Whole Amount, if any, and all accrued and unpaid interest on and all other amounts then due under all with respect to the Equipment Notes and provided that (i) there shall then be (x) no other Secured Obligations amounts then due to the NoteholdersNote Holders and the Indenture Trustee hereunder or under the Lease or the Refunding Agreement or otherwise secured hereby, the Loan Lien of this Indenture shall be deemed discharged and the security interests in favor of the Indenture Trustee and the other Indenture Indemnitees hereunder, under the Participation Agreement or any other Operative DocumentNote Holders hereunder shall terminate, and (y) no Related Secured Obligations due under any Related Indenture or any other “Operative Document” (as defined in any Related Indenture) and (ii) in the case of any redemption of all of the Equipment Notes pursuant to Section 2.11(a), the provisions of the foregoing clause (i) shall apply and no Related Indenture Bankruptcy Default or Related Indenture Event of Default shall have occurred and be continuing, the Company Owner Trustee shall direct the Loan Indenture Trustee to execute and deliver to or as directed in writing by the Company Owner Trustee, an appropriate instrument releasing evidencing the discharge of such Lien and the termination of such security interest in the Aircraft and release of the Engines and (subject to subclause (ix) of clause “third” of Section 3.03, if applicable) all other Collateral Indenture Documents from the Lien of this Indenture assignment and pledge thereof hereunder, and the Loan Indenture Trustee shall execute and deliver such instrument as aforesaidaforesaid and, at the Owner Trustee's expense, will execute and deliver such other instruments or documents as may be reasonably requested by the Owner Trustee to give effect to such discharge, termination and release; provided provided, however, that this Indenture and the trusts created hereby shall earlier terminate and this Indenture shall be of no further force or effect as expressly provided pursuant to Article X hereof or upon any sale or other final disposition by the Loan Indenture Trustee of all property constituting part of the Collateral Trust Indenture Estate and the final distribution by the Loan Indenture Trustee of all monies moneys or other property or proceeds constituting part of the Collateral Trust Indenture Estate in accordance with the terms hereof. Except as aforesaid otherwise provided, this Indenture and the trusts created hereby shall continue in full force and effect in accordance with the terms hereof.
Appears in 5 contracts
Sources: Trust Indenture and Security Agreement (America West Airlines Inc), Trust Indenture and Security Agreement (America West Airlines Inc), Trust Indenture and Security Agreement (America West Airlines Inc)
Termination of Indenture. Subject to Section 7.05, upon Upon (or at any time after) payment in full of the principal amount Principal Amount of, Make-Whole Amount, if any, and interest on and all other amounts due under all Equipment Notes and provided that (i) there shall then be (x) no other Secured Obligations due to the NoteholdersNote Holders, the Loan Trustee Indenture Indemnitees and the other Indenture Indemnitees hereunder, Trustee hereunder or under the Participation Agreement or any other Operative DocumentAgreement, and (y) no Related Secured Obligations due under any Related Indenture or any other “Operative Document” (as defined in any Related Indenture) and (ii) in the case of any redemption of all of the Equipment Notes pursuant to Section 2.11(a), the provisions of the foregoing clause (i) shall apply and no Related Indenture Bankruptcy Default or Related Indenture Event of Default shall have occurred and be continuing, the Company Owner shall direct the Loan Indenture Trustee to execute and deliver to or as directed in writing by the Company Owner an appropriate instrument releasing the Aircraft Aircraft, the Engines, the Purchase Agreement and the Engines Purchase Agreement Assignment with the Consent and (subject to subclause (ix) of clause “third” of Section 3.03, if applicable) all other Collateral Agreement attached thereto from the Lien of this Indenture and the Loan Indenture Trustee shall execute and deliver such instrument as aforesaidaforesaid and give written notice thereof to Owner; provided provided, however, that this Indenture and the trusts created hereby shall earlier terminate and this Indenture shall be of no further force or effect upon any sale or other final disposition by the Loan Indenture Trustee of all property constituting part of the Collateral Indenture Estate and the final distribution by the Loan Indenture Trustee of all monies or other property or proceeds constituting part of the Collateral Indenture Estate in accordance with the terms hereof. Except as aforesaid otherwise provided, this Indenture and the trusts created hereby shall continue in full force and effect in accordance with the terms hereof.
Appears in 4 contracts
Sources: Owned Aircraft Indenture (Us Airways Inc), Indenture and Security Agreement (Us Airways Inc), Indenture and Security Agreement (Us Airways Inc)
Termination of Indenture. Subject to Section 7.05, upon (or at any time after) Upon payment in full of the principal amount Principal Amount of, Make-Whole Amount, if any, and all accrued and unpaid interest on and all other amounts then due under all with respect to the Equipment Notes and provided that (i) there shall then be (x) no other Secured Obligations amounts then due to the NoteholdersNote Holders and the Indenture Trustee hereunder or under the Lease or the Refunding Agreement or otherwise secured hereby, the Loan Lien of this Indenture shall be deemed discharged and the security interests in favor of the Indenture Trustee and the other Indenture Indemnitees hereunder, under the Participation Agreement or any other Operative DocumentNote Holders hereunder shall terminate, and (y) no Related Secured Obligations due under any Related Indenture or any other “Operative Document” (as defined in any Related Indenture) and (ii) in the case of any redemption of all of the Equipment Notes pursuant to Section 2.11(a), the provisions of the foregoing clause (i) shall apply and no Related Indenture Bankruptcy Default or Related Indenture Event of Default shall have occurred and be continuing, the Company Owner Trustee shall direct the Loan Indenture Trustee to execute and deliver to or as directed in writing by the Company Owner Trustee, an appropriate instrument releasing evidencing the discharge of such Lien and the termination of such security interest in the Aircraft and release of the Engines and (subject to subclause (ix) of clause “third” of Section 3.03, if applicable) all other Collateral Indenture Documents from the Lien of this Indenture assignment and pledge thereof hereunder, and the Loan Indenture Trustee shall execute and deliver such instrument as aforesaidaforesaid and, at the Owner Trustee's expense, will execute and deliver such other instruments or documents as may be reasonably requested by the Owner Trustee to give effect to such discharge, termination and release; provided provided, however, that this Indenture and the trusts created hereby shall earlier terminate and this Indenture shall be of no further force or effect as expressly provided pursuant to Article X hereof or upon any sale or other final disposition by the Loan Indenture Trustee of all property constituting part Trust Indenture 92 - 87 - of the Collateral Trust Indenture Estate and the final distribution by the Loan Indenture Trustee of all monies moneys or other property or proceeds constituting part of the Collateral Trust Indenture Estate in accordance with the terms hereof. Except as aforesaid otherwise provided, this Indenture and the trusts created hereby shall continue in full force and effect in accordance with the terms hereof.
Appears in 4 contracts
Sources: Trust Indenture and Security Agreement (America West Airlines Inc), Trust Indenture and Security Agreement (America West Airlines Inc), Trust Indenture and Security Agreement (America West Airlines Inc)
Termination of Indenture. Subject to Section Sections 7.04 and 7.05, upon (or at any time after) payment in full of the principal amount of, Make-Whole Amount, if any, and interest on and all other amounts then due under all Equipment Notes and provided that (i) there shall then be (x) no other Secured Obligations due and unpaid to the Noteholders, the Loan Trustee and the other Indenture Indemnitees hereunder, under the Participation Agreement or any other Operative Document, and (y) no Related Secured Obligations due and unpaid under any Related Indenture or any other “Operative Document” (as defined in any Related Indenture) and (ii) in or under the case of any redemption of all of the Equipment Notes pursuant to Section 2.11(a)Company Guarantee, the provisions of the foregoing clause (i) shall apply and no Related Indenture Bankruptcy Default or Related Indenture Event of Default shall have occurred and be continuing, the Company shall direct the Loan Trustee to execute and deliver to or as directed in writing by the Company an appropriate instrument releasing the Aircraft and the Engines and (subject to subclause paragraph (ix) of clause “third” of Section 3.03, if applicable) all other Collateral from the Lien of this Indenture and the Loan Trustee shall execute and deliver such instrument as aforesaid; provided that this Indenture and the trusts created hereby shall earlier terminate and this Indenture shall be of no further force or effect upon any sale or other final disposition by the Loan Trustee of all property constituting part of the Collateral and the final distribution by the Loan Trustee of all monies or other property or proceeds constituting part of the Collateral in accordance with the terms hereof. Except as aforesaid otherwise provided, this Indenture and the trusts created hereby shall continue in full force and effect in accordance with the terms hereof.
Appears in 3 contracts
Sources: Indenture and Security Agreement (Alaska Air Group, Inc.), Indenture and Security Agreement (Alaska Air Group, Inc.), Indenture and Security Agreement (Alaska Air Group, Inc.)
Termination of Indenture. Subject to Section 7.05, upon (or at any time after) payment in full of the principal amount of, Make-Whole Amount, if any, and interest on and all other amounts due under all Equipment Notes and provided that (i) there shall then be (x) no other Secured Obligations due to the Noteholders, the Loan Trustee and the other Indenture Indemnitees hereunder, under the Participation Agreement or any other Operative Document, and (y) no Related Secured Obligations due under any Related Indenture or any other “Operative Document” (as defined in any Related Indenture) and (ii) in the case of any redemption of all of the Equipment Notes pursuant to Section 2.11(a), the provisions of the foregoing clause (i) shall apply and no Related Indenture Bankruptcy Default or Related Indenture Event of Default shall have occurred and be continuing, the Company shall direct the Loan Trustee to execute and deliver to or as directed in writing by the Company an appropriate instrument releasing the Aircraft and the Engines and (subject to subclause (ix) of clause “third” of Section 3.03, if applicable) all other Collateral from the Lien of this This Indenture and the Loan Trustee shall execute and deliver such instrument as aforesaid; provided that this Indenture and the ------------------------ trusts created hereby shall earlier terminate terminate, and this Indenture shall be of no further force or effect upon effect, when:
(a) the principal of and interest on and all other amounts due and payable under all Secured Notes and all other amounts due and payable to any sale Holder or the Indenture Trustee hereunder or under any other Operative Document shall have been paid in full; or
(b) the Indenture Trustee shall have sold or made other final disposition by the Loan Trustee of all property constituting part of the Collateral and the final distribution by the Loan Trustee of all monies moneys or other property or proceeds constituting part of the Collateral Indenture Estate in accordance with the terms hereof. Except ; or
(c) all Secured Notes not theretofore delivered to the Indenture Trustee for cancellation have become due and payable (whether upon stated maturity, as aforesaid otherwise provideda result of redemption or upon acceleration), this or will become due and payable (including as a result of redemption in respect of which irrevocable notice has been given to the Indenture Trustee on or prior to the date of such deposit) at maturity within one year, and the trusts created hereby shall continue in full force and effect in accordance there has been deposited with the terms hereof.Indenture Trustee in trust for the purpose of paying and discharging the entire indebtedness on the Secured Notes not theretofore cancelled by the Indenture Trustee or delivered to the Indenture Trustee for cancellation, an amount in cash sufficient without reinvestment thereof to discharge such indebtedness, including the principal of and interest on the Secured Notes to the date of such deposit (in the case of Secured Notes which have become due and payable), or to the maturity thereof, as the case may be; or
Appears in 3 contracts
Sources: Trust Indenture, Mortgage, Assignment of Charter, and Security Agreement (Mobil Corp), Trust Indenture, Deed of Trust, Assignment of Lease, and Security Agreement (Mobil Corp), Indenture (Eex Corp)
Termination of Indenture. Subject to Section Sections 7.04 and 7.05, upon (or at any time after) payment in full of the principal amount of, Make-Whole Amount, if any, and interest on and all other amounts then due under all Equipment Notes and provided that (i) there shall then be (x) no other Secured Obligations due and unpaid to the Noteholders, the Loan Trustee and the other Indenture Indemnitees hereunder, under the Participation Agreement or any other Operative Document, and (y) no Related Secured Obligations due and unpaid under any Related Indenture or any other “Operative Document” (as defined in any Related Indenture) and (ii) in the case of any redemption of all of the Equipment Notes pursuant to Section 2.11(a), the provisions of the foregoing clause (i) shall apply and no Related Indenture Bankruptcy Default or Related Indenture Event of Default shall have occurred and be continuing, the Company shall direct the Loan Trustee to execute and deliver to or as directed in writing by the Company an appropriate instrument releasing the Aircraft and the Engines and (subject to subclause paragraph (ix) of clause “third” of Section 3.03, if applicable) all other Collateral from the Lien of this Indenture and the Loan Trustee shall execute and deliver such instrument as aforesaid; provided that this Indenture and the trusts created hereby shall earlier terminate and this Indenture shall be of no further force or effect upon any sale or other final disposition by the Loan Trustee of all property constituting part of the Collateral and the final distribution by the Loan Trustee of all monies or other property or proceeds constituting part of the Collateral in accordance with the terms hereof. Except as aforesaid otherwise provided, this Indenture and the trusts created hereby shall continue in full force and effect in accordance with the terms hereof.
Appears in 2 contracts
Sources: Indenture and Security Agreement, Indenture and Security Agreement (Spirit Airlines, Inc.)
Termination of Indenture. Subject to Section 7.04 and Section 7.05, upon (or at any time after) payment in full of the principal amount of, Make-Whole Amount, if any, and interest on and all other amounts then due under all Equipment Notes and provided that (i) there shall then be (x) no other Secured Obligations due and unpaid to the Noteholders, the Loan Trustee and the other Indenture Indemnitees hereunder, under the Participation Agreement or any other Operative Document, and (y) no Related Secured Obligations due and unpaid under any Related Indenture or any other “Operative Document” (as defined in any Related Indenture) and (ii) in the case of any redemption of all of the Equipment Notes pursuant to Section 2.11(a), the provisions of the foregoing clause (i) shall apply and no Related Indenture Bankruptcy Default or Related Indenture Event of Default shall have occurred and be continuing, the Company shall direct the Loan Trustee to execute and deliver to or as directed in writing by the Company an appropriate instrument releasing the Aircraft and the Engines and (subject to subclause (ix) of clause “third” of Section 3.03, if applicable) all other Collateral from the Lien of this Indenture and the Loan Trustee shall execute and deliver such instrument as aforesaid; provided that this Indenture and the trusts created hereby shall earlier terminate and this Indenture shall be of no further force or effect upon any sale or other final disposition by the Loan Trustee of all property constituting part of the Collateral and the final distribution by the Loan Trustee of all monies or other property or proceeds constituting part of the Collateral in accordance with the terms hereof. Except as aforesaid otherwise provided, this Indenture and the trusts created hereby shall continue in full force and effect in accordance with the terms hereof.
Appears in 2 contracts
Sources: Note Purchase Agreement (American Airlines, Inc.), Note Purchase Agreement (American Airlines, Inc.)
Termination of Indenture. Subject to Section 7.05, upon Upon (or at any time after) payment in full receipt by the Lease Indenture Trustee of a certificate from each Holder to the effect that the principal amount of, Make-Whole Amount, if any, of and interest on on, and all other amounts due under all Equipment Notes and provided that (i) there shall then be (x) no other Secured Obligations due payable to the Noteholders, the Loan Trustee and the other Indenture Indemnitees Holders hereunder, under all Lessor Notes and under the Participation Agreement or any other Operative Document, and (y) no Related Secured Obligations due under any Related Indenture or any other “Operative Document” (as defined Documents otherwise secured hereby have been paid in any Related Indenture) and (ii) in the case of any redemption of all of the Equipment Notes pursuant to Section 2.11(a)full, the provisions of the foregoing clause (i) Lease Indenture Trustee shall apply and no Related Indenture Bankruptcy Default or Related Indenture Event of Default shall have occurred and be continuing, the Company shall direct the Loan Trustee to execute and deliver to or as directed in writing by the Company Owner Trust an appropriate instrument releasing the Aircraft and the Engines and (subject to subclause (ix) of clause “third” of Section 3.03, if applicable) all other Collateral Indenture Estate from the Lien of this Indenture and releasing the Loan Indenture Estate Documents from the assignment and pledge thereof hereunder, and the Lease Indenture Trustee shall execute and deliver such instrument as aforesaidaforesaid and, at the Owner Trust's expense, will execute and deliver such other instruments or documents as may be reasonably requested by the Owner Trust to give effect to such release; provided PROVIDED, HOWEVER, that this Indenture and the trusts created hereby shall earlier terminate and this Indenture shall be of no further force or effect upon any sale or other final disposition by the Loan Lease Indenture Trustee of all property constituting part of the Collateral Indenture Estate and the final distribution by the Loan Lease Indenture Trustee of all monies moneys or other property or proceeds constituting part of the Collateral Indenture Estate in accordance with the terms hereof. Except as aforesaid otherwise providedFurther, this Indenture and upon the trusts created hereby shall continue purchase or prepayment in full force of the Lessor Notes pursuant to Section 2.10 or 2.11 hereof, and receipt by the Lease Indenture Trustee of a certificate from each Holder to the effect in accordance with that all other sums payable to the terms hereof.Holders hereunder and under the Operative Documents, the Lease
Appears in 2 contracts
Sources: Indenture of Trust, Mortgage and Security Agreement (Edison Mission Energy), Indenture of Trust, Mortgage and Security Agreement (Edison Mission Energy)
Termination of Indenture. Subject to Section 7.05, upon (or at any time after) Upon payment in full of the principal amount of, Make-Whole Amount, if any, and interest on and all other amounts due under all Equipment Notes and provided that (i) there shall then be (x) no other Secured Obligations due to the Noteholders, the Loan Trustee and the other Indenture Indemnitees hereunder, under the Participation Agreement or any other Operative DocumentFinancing Agreement, and (y) no Related Secured Obligations due under any Related Indenture or any other “Operative DocumentFinancing Agreement” (as defined in any Related Indenture) and (ii) in the case of any redemption of all of the Equipment Notes pursuant to Section 2.11(a), the provisions of the foregoing clause (i) shall apply and no Related Indenture Bankruptcy Default or Related Indenture Event of Default shall have occurred and be continuing, the Company Owner shall direct the Loan Trustee to execute and deliver to or as directed in writing by the Company Owner an appropriate instrument releasing the Aircraft and the Engines and (subject to subclause (ix) of clause “third” of Section 3.03, if applicable) all other Collateral from the Lien of this Indenture and the Loan Trustee shall execute and deliver such instrument as aforesaid; provided that this Indenture and the trusts created hereby shall earlier terminate and this Indenture shall be of no further force or effect upon any sale or other final disposition by the Loan Trustee of all property constituting part of the Collateral and the final distribution by the Loan Trustee of all monies or other property or proceeds constituting part of the Collateral in accordance with the terms hereof. Except as aforesaid otherwise provided, this Indenture and the trusts created hereby shall continue in full force and effect in accordance with the terms hereof.
Appears in 2 contracts
Sources: Indenture and Security Agreement (Latam Airlines Group S.A.), Indenture and Security Agreement (Latam Airlines Group S.A.)
Termination of Indenture. Subject to Section 7.05, upon (or at any time after) payment in full of the principal amount of, Make-Whole Amount, if any, and interest on and all other amounts due under all Equipment Notes and provided that (i) there shall then be (x) no other Secured Obligations due to the Noteholders, the Loan Trustee and the other Indenture Indemnitees hereunder, under the Participation Agreement or any other Operative Document, and (y) no Related Secured Obligations due under any Related Indenture or any other “Operative Document” (as defined in any Related Indenture) and (ii) in the case of any redemption of all of the Equipment Notes pursuant to Section 2.11(a), the provisions of the foregoing clause (i) shall apply and no Related Indenture Bankruptcy Default or Related Indenture Event of Default shall have occurred and be continuing, the Company shall direct the Loan Trustee to execute and deliver to or as directed in writing by the Company an appropriate instrument releasing the Aircraft and the Engines and (subject to subclause paragraph (ix) of clause “third” of Section 3.03, if applicable) all other Collateral from the Lien of this Indenture and the Loan Trustee shall execute and deliver such instrument as aforesaid; provided that this Indenture and the trusts created hereby shall earlier terminate and this Indenture shall be of no further force or effect upon any sale or other final disposition by the Loan Trustee of all property constituting part of the Collateral and the final distribution by the Loan Trustee of all monies or other property or proceeds constituting part of the Collateral in accordance with the terms hereof. Except as aforesaid otherwise provided, this Indenture and the trusts created hereby shall continue in full force and effect in accordance with the terms hereof.
Appears in 2 contracts
Sources: Indenture and Security Agreement (American Airlines Inc), Indenture and Security Agreement (Amr Corp)
Termination of Indenture. Subject to Section 7.05, upon Upon (or at any time after) ------------------------ payment in full of the principal amount of, Make-Whole of and interest on and Premium Amount, if any, and interest on and all other amounts due under under, or otherwise due to the holders of, all Equipment Notes Certificates and provided that (i) there shall then be (x) no other Secured Obligations amounts due to the NoteholdersLoan Participants, the Loan Trustee Certificate Holders and the other Indenture Indemnitees hereunder, Trustee hereunder or under the any Participation Agreement or any the other Operative Document, and (y) no Related Secured Obligations due under any Related Indenture Agreements or any other “Operative Document” (as defined in any Related Indenture) and (ii) in the case of any redemption of all of the Equipment Notes pursuant to Section 2.11(a)otherwise secured hereby, the provisions of the foregoing clause (i) shall apply and no Related Indenture Bankruptcy Default or Related Indenture Event of Default shall have occurred and be continuing, the Company Owner Trustee shall direct the Loan Indenture Trustee to execute and deliver to or as directed in writing by the Company Owner Trustee an appropriate instrument releasing the each Aircraft and the Engines and (subject to subclause (ix) of clause “third” of Section 3.03, if applicable) all other Collateral from the Lien of this TRUST INDENTURE Indenture and releasing the Loan Operative Agreements from the assignment and pledge thereof hereunder, and the Indenture Trustee shall execute and deliver such instrument as aforesaidaforesaid and, at the Owner Trustee's expense, will execute and deliver such other instruments or documents as may be reasonably requested by the Owner Participant to give effect to such release; provided provided, however, that -------- ------- this Indenture and the trusts created hereby shall earlier terminate and this Indenture shall be of no further force or effect upon any sale or other final disposition by the Loan Indenture Trustee of all property constituting part of the Collateral and Indenture Estate and, in the case of any sale or other disposition pursuant to Section 4.04, the final distribution by the Loan Indenture Trustee of all monies or other property or proceeds constituting part of the Collateral Indenture Estate in accordance with the terms hereof. Except as aforesaid otherwise provided, this Indenture and the trusts created hereby shall continue in full force and effect in accordance with the terms hereof.
Appears in 2 contracts
Sources: Sale and Lease Agreement (American Income Fund I-D), Sale and Lease Agreement (American Income Fund I-D)
Termination of Indenture. Subject to Section 7.05, upon (or at any time after) payment in full of the principal amount of, Make-Whole Amount, if any, and interest on and all other amounts due under all Equipment Notes and provided that (i) there shall then be (x) no other Secured Obligations due to the Noteholders, the Loan Trustee and the other Indenture Indemnitees hereunder, under the Participation Agreement or any other Operative Document, and (y) no Related Secured Obligations due under any Related Indenture or any other “Operative Document” (as defined in any Related Indenture) and (ii) in the case of any redemption of all of the Equipment Notes pursuant to Section 2.11(a), the provisions of the foregoing clause (i) shall apply and no Related Indenture Bankruptcy Default or Related Indenture Event of Default shall have occurred and be continuing, the Company shall direct the Loan Trustee to execute and deliver to or as directed in writing by the Company an appropriate instrument releasing the Aircraft and the Engines and (subject to subclause paragraph (ix) of clause “third” of Section 3.03, if applicable) all other Collateral from the Lien of this Indenture and the Loan Trustee shall execute and deliver such instrument as aforesaid; provided that this Indenture and the trusts created hereby shall earlier terminate and this Indenture shall be of no further force or effect upon any sale or other final disposition by the Loan Trustee of all property constituting part of the Collateral and the final distribution by the Loan Trustee of all monies or other property or proceeds constituting part of the Collateral in accordance with the terms hereof. Except as aforesaid otherwise provided, this Indenture and the trusts created hereby shall continue in full force and effect in accordance with the terms hereof.
Appears in 2 contracts
Sources: Indenture and Security Agreement (Delta Air Lines Inc /De/), Indenture and Security Agreement (Delta Air Lines Inc /De/)
Termination of Indenture. Subject to Section 7.05, upon Upon (or at any time after) payment in full of the principal amount Principal Amount of, Make-Whole Amount, if any, and interest on and all other amounts due under all Equipment Notes and provided that (i) there shall then be (x) no other Secured Obligations due to the NoteholdersNote Holders, the Loan Trustee Indenture Indemnitees and the other Indenture Indemnitees hereunder, Trustee hereunder or under the Participation Agreement or any other Operative DocumentAgreements, and (y) no Related Secured Obligations due under any Related Indenture or any other “Operative Document” (as defined in any Related Indenture) and (ii) in the case of any redemption of all of the Equipment Notes pursuant to Section 2.11(a), the provisions of the foregoing clause (i) shall apply and no Related Indenture Bankruptcy Default or Related Indenture Event of Default shall have occurred and be continuing, the Company Owner shall direct the Loan Indenture Trustee to execute and deliver to or as directed in writing by the Company Owner an appropriate instrument releasing the Aircraft Aircraft, the Engines, the Purchase Agreement and the Engines Purchase Agreement Assignment with the Consent and (subject to subclause (ix) of clause “third” of Section 3.03, if applicable) all other Collateral Agreement attached thereto from the Lien of this Indenture and the Loan Indenture Trustee shall execute and deliver such instrument as aforesaidaforesaid and give written notice thereof to Owner; provided provided, however, that this Indenture and the trusts created hereby shall earlier terminate and this Indenture shall be of no further force or effect upon any sale or other final disposition by the Loan Indenture Trustee of all property constituting part of the Collateral Indenture Estate and the final distribution by the Loan Indenture Trustee of all monies or other property or proceeds constituting part of the Collateral Indenture Estate in accordance with the terms hereof. Except as aforesaid otherwise provided, this Indenture and the trusts created hereby shall continue in full force and effect in accordance with the terms hereof.
Appears in 1 contract
Termination of Indenture. Subject to Section 7.04 and Section 7.05, upon (or at any time after) payment in full of the principal amount of, Make-Whole Amount, if any, and interest on and all other amounts then due under all Equipment Notes and provided that (i) there shall then be (x) no other Secured Obligations due and unpaid to the Noteholders, the Loan Trustee and the other Indenture Indemnitees hereunder, under the Participation Agreement or any other Operative Document, and (y) no Related Secured Obligations due and unpaid under any Related Indenture or any other “Operative Document” (as defined in any Related Indenture) and (ii) in the case of any redemption of all of the Equipment Notes pursuant to Section 2.11(a), the provisions of the foregoing clause (i) shall apply and no Related Indenture Bankruptcy Default or Related Indenture Event of Default shall have occurred and be continuing, the Company shall direct the Loan Trustee to execute and deliver to or as directed in writing by the Company an appropriate instrument releasing the Aircraft and the Engines and (subject to subclause (ixxi) of clause “third” of Section 3.03, if applicable) all other Collateral from the Lien of this Indenture and the Loan Trustee shall execute and deliver such instrument as aforesaid; provided that this Indenture and the trusts created hereby shall earlier terminate and this Indenture shall be of no further force or effect upon any sale or other final disposition by the Loan Trustee of all property constituting part of the Collateral and the final distribution by the Loan Trustee of all monies or other property or proceeds constituting part of the Collateral in accordance with the terms hereof. Except as aforesaid otherwise provided, this Indenture and the trusts created hereby shall continue in full force and effect in accordance with the terms hereof.
Appears in 1 contract
Termination of Indenture. Subject to Section Sections 7.04 and 7.05, upon (or at any time after) payment in full of the principal amount of, Make-Whole Amount, if any, and interest on and all other amounts then due under all Equipment Notes and provided that (i) there shall then be (x) no other Secured Obligations due and unpaid to the Noteholders, the Loan Trustee and the other Indenture Indemnitees hereunder, under the Participation Agreement or any other Operative Document, and (y) no Related Secured Obligations due and unpaid under any Related Indenture or any other “Operative Document” (as defined in any Related Indenture) and (ii) in the case of any redemption of all of the Equipment Notes pursuant to Section 2.11(a), the provisions of the foregoing clause (i) shall apply and no Related Indenture Bankruptcy Default or Related Indenture Event of Default shall have occurred and be continuing, the Company shall direct the Loan Trustee to execute and deliver to or as directed in writing by the Company an appropriate instrument releasing the Aircraft and the Engines and (subject to subclause paragraph (ixxi) of clause “third” of Section 3.03, if applicable) all other Collateral from the Lien of this Indenture and the Loan Trustee shall execute and deliver such instrument as aforesaid; provided that this Indenture and the trusts created hereby shall earlier terminate and this Indenture shall be of no further force or effect upon any sale or other final disposition by the Loan Trustee of all property constituting part of the Collateral and the final distribution by the Loan Trustee of all monies or other property or proceeds constituting part of the Collateral in accordance with the terms hereof. Except as aforesaid otherwise provided, this Indenture and the trusts created hereby shall continue in full force and effect in accordance with the terms hereof. 88 Indenture and Security Agreement (Spirit 2017-1 EETC) [Reg. No.]
Appears in 1 contract
Sources: Indenture and Security Agreement (Spirit Airlines, Inc.)
Termination of Indenture. Subject to Section 7.05, upon Upon (or at any time after) ------------------------ payment in full of the principal amount of, Make-Whole of and interest on and Premium Amount, if any, and interest on and all other amounts due under under, or otherwise due to the holders of, all Equipment Notes Certificates and provided that (i) there shall then be (x) no other Secured Obligations amounts due to the Noteholders-------- Loan Participants, the Loan Trustee Certificate Holders and the other Indenture Indemnitees hereunder, Trustee hereunder or under the any Participation Agreement or any the other Operative Document, and (y) no Related Secured Obligations due under any Related Indenture Agreements or any other “Operative Document” (as defined in any Related Indenture) and (ii) in the case of any redemption of all of the Equipment Notes pursuant to Section 2.11(a)otherwise secured hereby, the provisions of the foregoing clause (i) shall apply and no Related Indenture Bankruptcy Default or Related Indenture Event of Default shall have occurred and be continuing, the Company Owner Trustee shall direct the Loan Indenture Trustee to execute and deliver to or as directed in writing by the Company Owner Trustee an appropriate instrument releasing the each Aircraft and the Engines and (subject to subclause (ix) of clause “third” of Section 3.03, if applicable) all other Collateral from the Lien of this TRUST INDENTURE Indenture and releasing the Loan Operative Agreements from the assignment and pledge thereof hereunder, and the Indenture Trustee shall execute and deliver such instrument as aforesaidaforesaid and, at the Owner Trustee's expense, will execute and deliver such other instruments or documents as may be reasonably requested by the Owner Participant to give effect to such release; provided provided, however, that -------- ------- this Indenture and the trusts created hereby shall earlier terminate and this Indenture shall be of no further force or effect upon any sale or other final disposition by the Loan Indenture Trustee of all property constituting part of the Collateral and Indenture Estate and, in the case of any sale or other disposition pursuant to Section 4.04, the final distribution by the Loan Indenture Trustee of all monies or other property or proceeds constituting part of the Collateral Indenture Estate in accordance with the terms hereof. Except as aforesaid otherwise provided, this Indenture and the trusts created hereby shall continue in full force and effect in accordance with the terms hereof.
Appears in 1 contract
Sources: Sale and Lease Agreement (American Income Fund I-D)
Termination of Indenture. Subject to Section Sections 7.04 and 7.05, upon (or at any time after) payment in full of the principal amount of, Make-Whole Amount, if any, and interest on and all other amounts then due under all Equipment Notes and provided that (i) there shall then be (x) no other Secured Obligations due and unpaid to the Noteholders, the Loan Trustee and the other Indenture Indemnitees hereunder, under the Participation Agreement or any other Operative Document, and (y) no Related Secured Obligations due and unpaid under any Related Indenture or any other “Operative Document” (as defined in any Related Indenture) and (ii) in the case of any redemption of all of the Equipment Notes pursuant to Section 2.11(a), the provisions of the foregoing clause (i) shall apply and no Related Indenture Bankruptcy Default or Related Indenture Event of Default shall have occurred and be continuing, the Company shall direct the Loan Trustee to execute and deliver to or as directed in writing by the Company an appropriate instrument releasing the Aircraft and the Engines and (subject to subclause paragraph (ixxi) of clause “third” of Section 3.03, if applicable) all other Collateral from the Lien of this Indenture and the Loan Trustee shall execute and deliver such instrument as aforesaid; provided that this Indenture and the trusts created hereby shall earlier terminate and this Indenture shall be of no further force or effect upon any sale or other final disposition by the Loan Trustee of all property constituting part of the Collateral and the final distribution by the Loan Trustee of all monies or other property or proceeds constituting part of the Collateral in accordance with the terms hereof. Except as aforesaid otherwise provided, this Indenture and the trusts created hereby shall continue in full force and effect in accordance with the terms hereof.
Appears in 1 contract
Sources: Indenture and Security Agreement (Spirit Airlines, Inc.)
Termination of Indenture. Subject to Section 7.05, upon Upon (or at any time after) ------------------------ payment in full of the principal amount of, of and interest on and Make-Whole Amount, if any, and interest on and all other amounts Secured Obligations due under under, or otherwise due to the holders of, all Equipment Notes and provided that (i) there shall then be (x) no other Secured Obligations due to the Noteholders, the Loan Trustee Noteholders and the other Indenture Indemnitees hereunder, Trustee hereunder or under the Participation Agreement or any the other Operative Document, and (y) no Related Secured Obligations due under any Related Indenture Agreements or any other “Operative Document” (as defined in any Related Indenture) and (ii) in the case of any redemption of all of the Equipment Notes pursuant to Section 2.11(a)otherwise secured hereby, the provisions of the foregoing clause (i) shall apply and no Related Indenture Bankruptcy Default or Related Indenture Event of Default shall have occurred and be continuing, the Company Owner Trustee shall direct the Loan Indenture Trustee to execute and deliver to or as directed in writing by the Company Owner Trustee an appropriate instrument releasing the Aircraft and the Engines and (subject to subclause (ix) of clause “third” of Section 3.03, if applicable) all other Collateral from the Lien of this Indenture and releasing the Loan Indenture Documents from the assignment and pledge thereof hereunder, and the Indenture Trustee shall execute and deliver such instrument as aforesaidaforesaid and, at the Owner Trustee's expense, will execute and deliver such other instruments or documents as may be reasonably requested by the Owner Participant to give effect to such release; provided provided, however, that this -------- ------- Indenture and the trusts created hereby shall earlier terminate and this Indenture shall be of no further force or effect upon any sale or other final disposition by the Loan Indenture Trustee of all property constituting part of the Collateral Indenture Estate and the final distribution by the Loan Indenture Trustee of all monies or other property or proceeds constituting part of the Collateral Indenture Estate in accordance with the terms hereof. Except as aforesaid otherwise provided, this Indenture and the trusts created hereby shall continue in full force and effect in accordance with the terms hereof.
Appears in 1 contract
Sources: Trust Indenture and Security Agreement (Midway Airlines Corp)
Termination of Indenture. Subject to Section 7.05, upon Upon (or at any time after) ------------------------ payment in full of the principal amount of, Make-Whole Amountof and interest on and Breakage Cost, if any, and interest on and all other amounts Secured Obligations due under under, or otherwise due to the holders of, all Equipment Notes and provided that (i) there shall then be (x) no other Secured Obligations due to the Noteholders, the Loan Trustee Noteholders and the other Indenture Indemnitees hereunder, Trustee hereunder or under the Participation Agreement or any the other Operative Document, and (y) no Related Secured Obligations due under any Related Indenture Agreements or any other “Operative Document” (as defined in any Related Indenture) and (ii) in the case of any redemption of all of the Equipment Notes pursuant to Section 2.11(a)otherwise secured hereby, the provisions of the foregoing clause (i) shall apply and no Related Indenture Bankruptcy Default or Related Indenture Event of Default shall have occurred and be continuing, the Company Owner Trustee shall direct the Loan Indenture Trustee to execute and deliver to or as directed in writing by the Company Owner Trustee an appropriate instrument releasing the Aircraft and the Engines and (subject to subclause (ix) of clause “third” of Section 3.03, if applicable) all other Collateral from the Lien of this Indenture and releasing the Loan Indenture Documents from the assignment and pledge thereof hereunder, and the Indenture Trustee shall execute and deliver such instrument as aforesaidaforesaid and, at the Owner Trustee's expense, will execute and deliver such other instruments or documents as may be reasonably requested by the Owner Participant to give effect to such release; provided provided, however, that this Indenture and the -------- ------- trusts created hereby shall earlier terminate and this Indenture shall be of no further force or effect upon any sale or other final disposition by the Loan Indenture Trustee of all property constituting part of the Collateral Indenture Estate and the final distribution by the Loan Indenture Trustee of all monies or other property or proceeds constituting part of the Collateral Indenture Estate in accordance with the terms hereof. Except as aforesaid otherwise provided, this Indenture and the trusts created hereby shall continue in full force and effect in accordance with the terms hereof.
Appears in 1 contract
Sources: Trust Indenture and Security Agreement (Midway Airlines Corp)
Termination of Indenture. Subject to Section 7.04 and Section 7.05, upon (or at any time after) payment in full of the principal amount of, Make-Whole Amount, if any, and interest on and all other amounts then due under all Equipment Notes and provided that (i) there shall then be (x) no other Secured Obligations due and unpaid to the Noteholders, the Loan Trustee and the other Indenture Indemnitees hereunder, under the Participation Agreement or any other Operative Document, and (y) no Related Secured Obligations due and unpaid under any Related Indenture or any other “Operative Document” (as defined in any Related Indenture) and (ii) in the case of any redemption of all of the Equipment Notes pursuant to Section 2.11(a), the provisions of Indenture and Security Agreement (American Airlines 2019-1 Aircraft EETC) [Reg. No.] the foregoing clause (i) shall apply and no Related Indenture Bankruptcy Default or Related Indenture Event of Default shall have occurred and be continuing, the Company shall direct the Loan Trustee to execute and deliver to or as directed in writing by the Company an appropriate instrument releasing the Aircraft and the Engines and (subject to subclause (ixxi) of clause “third” of Section 3.03, if applicable) all other Collateral from the Lien of this Indenture and the Loan Trustee shall execute and deliver such instrument as aforesaid; provided that this Indenture and the trusts created hereby shall earlier terminate and this Indenture shall be of no further force or effect upon any sale or other final disposition by the Loan Trustee of all property constituting part of the Collateral and the final distribution by the Loan Trustee of all monies or other property or proceeds constituting part of the Collateral in accordance with the terms hereof. Except as aforesaid otherwise provided, this Indenture and the trusts created hereby shall continue in full force and effect in accordance with the terms hereof.
Appears in 1 contract
Sources: Trust Supplement
Termination of Indenture. Subject to Section 7.05, upon (a) Upon (or at any time after) payment in full of the principal amount ofamount, Make-Whole Amount, if any, Break Amount, if any, and interest on and all other amounts due under all Equipment Notes and provided that (i) there shall then be (x) no other Secured Obligations due to the Noteholders, the Indenture Indemnitees and Loan Trustee and the other Indenture Indemnitees hereunder, hereunder or under the Participation Agreement or any the other Operative DocumentDocuments, Company and (y) no Related Secured Obligations due Loan Trustee shall be deemed to have been released and discharged from their respective obligations hereunder and under any Related the Equipment Notes and the security interest, mortgage lien and all other estate, right, title and interest granted by this Indenture or any other “Operative Document” (as defined in any Related Indenture) shall cease and (ii) in the case of any redemption of become null and void and all of the property, rights, interests and privileges granted as security for the Equipment Notes pursuant shall revert to Section 2.11(a)and revest in Company without any other act or formality whatsoever, the provisions of the foregoing clause (i) shall apply and no Related Indenture Bankruptcy Default or Related Indenture Event of Default shall have occurred and be continuing, the Company shall direct the Loan Trustee to shall, upon the written request of Company, execute and deliver to to, or as directed in writing by the by, Company an appropriate instrument (in due form for recording) releasing the Aircraft and the Engines and (subject to subclause (ix) balance of clause “third” of Section 3.03, if applicable) all other the Collateral from the Lien of this Indenture together with such other instruments and documents as Company reasonably requests to give effect to the release and termination, and, in such event, this Indenture and the Loan Trustee trusts created hereby shall execute terminate and deliver such instrument as aforesaidthis Indenture shall be of no further force or effect; provided provided, however, that this Indenture and the trusts created hereby shall earlier terminate and this Indenture shall be of no further force or effect upon any sale or other final disposition by the Loan Trustee of all property constituting part of the Collateral and the final distribution by the Loan Trustee of all monies or other property or proceeds constituting part of the Collateral in accordance with the terms hereof. Except as aforesaid otherwise providedprovided above, this Indenture and the trusts created hereby shall continue in full force and effect in accordance with the terms hereof. Notwithstanding the foregoing, if this Indenture has not terminated prior to the Final Payment Date, this Indenture shall not terminate on the Final Payment Date unless no Event of Default of the type referred to in Section 4.01(j) exists.
Appears in 1 contract
Sources: Indenture and Security Agreement (Delta Air Lines Inc /De/)
Termination of Indenture. Subject to Section 7.05, upon (or at any time after) payment in full of the principal amount of, Make-Whole Amount, if any, and interest on and all other amounts due under all Equipment Notes and provided that (i) there shall then be (x) no other Secured Obligations due to the Noteholders, the Loan Trustee and the other Indenture Indemnitees hereunder, under the Participation Agreement or any other Operative Document, and (y) no Related Secured Obligations due under any Related Indenture or any other “Operative Document” (as defined in any Related Indenture) and (ii) in the case of any redemption of all of the Equipment Notes pursuant to Section 2.11(a), the provisions of the foregoing clause (i) shall apply and no Related Indenture Bankruptcy Default or Related Indenture Event of Default shall have occurred and be continuing, the Company shall direct the Loan Trustee to execute and deliver to or as directed in writing by the Company an appropriate instrument releasing the Aircraft and the Engines and (subject to subclause paragraph (ixxi) or (xvii) of clause “third” of Section 3.03, if applicable) all other Collateral from the Lien of this Indenture and the Loan Trustee shall execute and deliver such instrument as aforesaid; provided that this Indenture and the trusts created hereby shall earlier terminate and this Indenture shall be of no further force or effect upon any sale or other final disposition by the Loan Trustee of all property constituting part of the Collateral and the final distribution by the Loan Trustee of all monies or other property or proceeds constituting part of the Collateral in accordance with the terms hereof. Except as aforesaid otherwise provided, this Indenture and the trusts created hereby shall continue in full force and effect in accordance with the terms hereof.
Appears in 1 contract
Sources: Indenture and Security Agreement (Delta Air Lines Inc /De/)
Termination of Indenture. Subject to Section 7.05, upon (or at any time after) payment in full of the principal amount of, Make-Whole Amount, if any, and interest on and all other amounts due under all Equipment Notes and provided that (i) there shall then be (x) no other Secured Obligations due to the Noteholders, the Loan Trustee and the other Indenture Indemnitees hereunder, under the Participation Agreement or any other Operative Document, and (y) no Related Secured Obligations due under any Related Indenture or any other “Operative Document” (as defined in any Related Indenture) and (ii) in the case of any redemption of all of the Equipment Notes pursuant to Section 2.11(a), the provisions of the foregoing clause (i) shall apply and no Related Indenture Bankruptcy Default or Related Indenture Event of Default shall have occurred and be continuing, the Company shall direct the Loan Trustee to execute and deliver to or as directed in writing by the Company an appropriate instrument releasing the Aircraft and the Engines and (subject to subclause paragraph (ixvii) of clause “third” of Section 3.03, if applicable) all other Collateral from the Lien of this Indenture and the Loan Trustee shall execute and deliver such instrument as aforesaid; provided that this Indenture and the trusts created hereby shall earlier terminate and this Indenture shall be of no further force or effect upon any sale or other final disposition by the Loan Trustee of all property constituting part of the Collateral and the final distribution by the Loan Trustee of all monies or other property or proceeds constituting part of the Collateral in accordance with the terms hereof. Except as aforesaid otherwise provided, this Indenture and the trusts created hereby shall continue in full force and effect in accordance with the terms hereof.
Appears in 1 contract
Termination of Indenture. Subject to Section 7.05, upon (a) Upon (or at any time after) payment in full of the principal amount ofamount, Make-Whole Amount, if any, Break Amount, if any, and interest on and all other amounts due under all Equipment Notes and Related Equipment Notes, and provided that (i) there shall then be (x) no other Secured Obligations due to the Noteholders, the Loan Trustee and the other Indenture Indemnitees hereunder, under the Participation Agreement or any other Operative Document, and (y) no Related Secured Obligations due to Noteholders, Related Noteholders, Indenture Indemnitees, Loan Trustee and Related Loan Trustees hereunder or under any the Participation Agreement, the other Operative Documents or the Related Indentures, Company and Loan Trustee shall be deemed to have been released and discharged from their respective obligations hereunder and under the Equipment Notes and the security interest, mortgage lien and all other estate, right, title and interest granted by this Indenture or any other “Operative Document” (as defined in any Related Indenture) shall cease and (ii) in the case of any redemption of become null and void and all of the property, rights, interests and privileges granted as security for the Equipment Notes pursuant shall revert to Section 2.11(a)and revest in Company without any other act or formality whatsoever, the provisions of the foregoing clause (i) shall apply and no Related Indenture Bankruptcy Default or Related Indenture Event of Default shall have occurred and be continuing, the Company shall direct the Loan Trustee to shall, upon the written request of Company, execute and deliver to to, or as directed in writing by the by, Company an appropriate instrument (in due form for recording) releasing the Aircraft and the Engines and (subject to subclause (ix) balance of clause “third” of Section 3.03, if applicable) all other the Collateral from the Lien of this Indenture together with such other instruments and documents as Company reasonably requests to give effect to the release and termination, and, in such event, this Indenture and the Loan Trustee trusts created hereby shall execute terminate and deliver such instrument as aforesaidthis Indenture shall be of no further force or effect; provided provided, however, that this Indenture and the trusts created hereby shall earlier terminate and this Indenture shall be of no further force or effect upon any sale or other final disposition by the Loan Trustee of all property constituting part of the Collateral and the final distribution by the Loan Trustee of all monies or other property or proceeds constituting part of the Collateral in accordance with the terms hereof. Except as aforesaid otherwise providedprovided above, this Indenture and the trusts created hereby shall continue in full force and effect in accordance with the terms hereofhereof ; provided further, however, that no payment of any amount due under any Related Equipment Note or any Related Indenture, any amount payable to any Related Loan Trustee or payment of any other Related Secured Obligation shall be required in connection with the termination of this Indenture arising from a mandatory redemption of Equipment Notes pursuant to Section 2.10(a). Notwithstanding the foregoing, if this Indenture has not terminated prior to the Final Payment Date, this Indenture shall not terminate on the Final Payment Date unless no Event of Default of the type referred to in Section 4.01(j) exists.
Appears in 1 contract
Sources: Indenture and Security Agreement (Delta Air Lines Inc /De/)