Avis 2009 Annual Report Download - page 232

(g) Earnings from Series 2009-3 Cash Collateral Account . All interest and earnings (net of losses and investment expenses) paid on
funds on deposit in the Series 2009-3 Cash Collateral Account shall be deemed to be on deposit therein and available for distribution.
(h) Series 2009-3 Cash Collateral Account Surplus . In the event that the Series 2009-3 Cash Collateral Account Surplus on any
Distribution Date (or, after the Series 2009-3 Letter of Credit Termination Date, on any date) is greater than zero, the Trustee, acting in
accordance with the written instructions of the Administrator, shall withdraw from the Series 2009-3 Cash Collateral Account an amount equal
to the Series 2009-3 Cash Collateral Account Surplus and shall pay such amount: first , to the Series 2009-3 Letter of Credit Providers to the
extent of any unreimbursed drawings under the related Series 2009-3 Reimbursement Agreement, for application in accordance with the
provisions of the related Series 2009-3 Reimbursement Agreement, and, second , to ABRCF any remaining amount.
(i) Termination of Series 2009-3 Cash Collateral Account
. Upon the termination of this Supplement in accordance with its terms, the
Trustee, acting in accordance with the written instructions of the Administrator, after the prior payment of all amounts owing to the Series 2009-
3 Noteholders and payable from the Series 2009-3 Cash Collateral Account as provided herein, shall withdraw from the Series 2009-3 Cash
Collateral Account all amounts on deposit therein (to the extent not withdrawn pursuant to Section 3.8(h) above) and shall pay such amounts:
first , to the Series 2009-3 Letter of Credit Providers to the extent of any unreimbursed drawings under the related Series 2009-3 Reimbursement
Agreement, for application in accordance with the provisions of the related Series 2009-3 Reimbursement Agreement, and, second , to ABRCF
any remaining amount.
(j) Termination Date Demands on the Series 2009-3 Letters of Credit
. Prior to 10:00 a.m. (New York City time) on the Business Day
immediately succeeding the Series 2009-3 Letter of Credit Termination Date, the Administrator shall determine the Series 2009-3 Demand Note
Payment Amount as of the Series 2009-3 Letter of Credit Termination Date. If the Series 2009-3 Demand Note Payment Amount is greater than
zero, then the Administrator shall instruct the Trustee in writing to draw on the Series 2009-3 Letters of Credit. Upon receipt of any such notice
by the Trustee on or prior to 11:00 a.m. (New York City time) on a Business Day, the Trustee shall, by 12:00 noon (New York City time) on
such Business Day draw an amount equal to the lesser of (i) the excess of the Series 2009-3 Demand Note Payment Amount over the Series
2009-3 Available Reserve Account Amount (prior to giving effect to any transfer to the Series 2009-3 Cash Collateral Account pursuant to
Section 3.7(e) on such date) and (ii) the Series 2009-3 Letter of Credit Liquidity Amount on the Series 2009-3 Letters of Credit by presenting to
each Series 2009-3 Letter of Credit Provider a Certificate of Termination Date Demand; provided , however , that if the Series 2009-3 Cash
Collateral Account has been established and funded, the Trustee shall draw an amount equal to the product of (a) 100% minus the Series 2009-3
Cash Collateral Percentage and (b) the lesser of the amounts referred to in clause (i) or (ii) on such Business Day on the Series 2009-3 Letters of
Credit as calculated by the Administrator and provided in writing to the Trustee. The Trustee shall cause the Termination Date Disbursement to
be deposited in the Series 2009-3 Cash Collateral Account.
Section 3.9. Series 2009-3 Distribution Account .
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