Confirmation of Undertakings. The terms used in this Certificate shall have the meanings given to such terms in the Agreement. The Lessee confirms that today being the Delivery Date as defined in the Agreement: (i) the Aircraft is duly accepted by the Lessee in accordance with and subject to the provisions of the Agreement and the execution and delivery of this Certificate constitutes the acceptance of the Aircraft by the Lessee for all purposes of the Agreement. DELIVERY BY LESSEE TO LESSOR OF THIS CERTIFICATE OF ACCEPTANCE SHALL CONSTITUTE CONCLUSIVE PROOF AS BETWEEN LESSOR AND LESSEE THAT ON THE DELIVERY DATE LESSEE'S TECHNICAL EXPERTS EXAMINED AND INVESTIGATED THE AIRCRAFT AND EVERY PART THEREOF ARE AIRWORTHY AND IN GOOD WORKING ORDER AND REPAIR, WITHOUT DEFECT WHETHER OR NOT DISCOVERABLE AS AT THE DELIVERY DATE AND IN EVERY WAY SATISFACTORY TO LESSEE; (ii) the Lessee is obliged to pay to the Lessor the amount provided for in the Agreement with respect to the Aircraft; (iii) the Aircraft is insured in accordance with the Agreement; (iv) the representations and warranties contained in Article 13 of the Agreement remain, and if made at the date of this Certificate of Acceptance, would be, true and correct in all respects; (v) there have been affixed to the Aircraft and the Engines the fire resistant notices required by Article 4.3 of the Agreement; (vi) the Lessee has no right of set-off, deduction, withholding or counterclaim against the Lessor whatsoever; and (vii) no Default is subsisting.
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Sources: Lease Agreement (Midway Airlines Corp), Lease Agreement (Midway Airlines Corp)
Confirmation of Undertakings. The terms used in this Certificate shall have the meanings given to such terms in the AgreementLease. The Lessee confirms that today being the Delivery Date as defined in the AgreementLease:
(i) the Aircraft is duly accepted by the Lessee in accordance with and subject to the provisions of the Agreement Lease and the execution and delivery of this Certificate constitutes the acceptance of the Aircraft by the Lessee for all purposes of the AgreementLease. DELIVERY BY LESSEE TO LESSOR OF THIS CERTIFICATE OF ACCEPTANCE SHALL CONSTITUTE CONCLUSIVE PROOF AS BETWEEN LESSOR AND LESSEE THAT ON THE DELIVERY DATE LESSEE'S TECHNICAL EXPERTS EXAMINED AND INVESTIGATED THE AIRCRAFT AND EVERY PART THEREOF AND THAT THE AIRCRAFT AND EVERY PART THEREOF ARE AIRWORTHY AND IN GOOD WORKING ORDER AND REPAIR, WITHOUT DEFECT WHETHER OR NOT DISCOVERABLE AS AT THE DELIVERY DATE AND IN EVERY WAY SATISFACTORY TO LESSEE;
(ii) the Lessee is obliged to pay to the Lessor the amount provided for in the Agreement Lease with respect to the Aircraft;
(iii) the Aircraft is insured in accordance with the AgreementLease;
(iv) the representations and warranties contained in Article 13 of the Agreement Lease remain, and if made at the date of this Certificate of Acceptance, would be, true and correct in all respects;
(v) there have been affixed to the Aircraft and the Engines the fire resistant notices required by Article 4.3 of the AgreementLease;
(vi) the Lessee has no right of set-off, deduction, withholding or counterclaim against the Lessor whatsoever; and
(vii) no Default is subsisting.
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