Operation and Use. The Company agrees that the Aircraft will not be maintained, used, serviced, repaired or operated in violation of any law, rule, regulation or order of any government of any country having jurisdiction over the Aircraft or in violation of any airworthiness certificate, license or registration relating to the Aircraft issued by any such government; provided that the Company shall not be in default under this sentence if it is not possible for it (or any Permitted Lessee) to comply with the laws of a jurisdiction other than the United States (or other than any jurisdiction in which the Aircraft is then registered) because of a conflict with the applicable laws of the United States (or such jurisdiction in which the Aircraft is then registered); provided, further, that the Company shall promptly and diligently provide written notice to the Security Trustee of the occurrence of such conflict and the steps it deems reasonable to resolve or avoid such conflict, and the Company shall take such steps to resolve or avoid such conflict (or cause such steps to be taken) including, if necessary and so deemed reasonable, the removal of the Aircraft from such other jurisdiction other than the United States (or other than the jurisdiction in which the Aircraft is then registered) creating the conflict; and provided, further, that, to the extent the Company or any Permitted Lessee is contesting in good faith the validity or application of any such law, rule, regulation or order in any manner that does not involve any material risk of sale, forfeiture or loss of the Aircraft or the Security Trustee’s interest therein, the Company will not be in default under, or be required to take any action set forth in, this sentence. The Company will not operate the Aircraft, or permit the Aircraft to be operated or located, (i) in any area excluded from coverage by any insurance required by the terms of Section 3.6 or (ii) in any war zone or recognized or, in the reasonable judgment of the Company, threatened area of hostilities unless covered by war risk insurance in accordance with Section 3.6, unless in either clause (i) or (ii), (x) indemnification complying with Section 3.6(a) and (b) has been provided by a Government or (y) the Aircraft is only temporarily located in such area as a result of an isolated occurrence or isolated series of occurrences attributable to hijacking, medical emergency, equipment malfunction, weather conditions, navigational error or other similar unforeseen circumstances and the Company or such Permitted Lessee is using its good faith efforts promptly to remove the Aircraft from such area.
Appears in 1 contract
Operation and Use. The Company agrees that the Aircraft will not be maintained, used, serviced, repaired used or operated in violation of any law, rule, rule or regulation or order of any government of any country having jurisdiction over the Aircraft or in violation of any airworthiness certificate, license or registration relating to the Aircraft issued by any such government, except (i) immaterial or non-recurring violations with respect to which corrective measures are taken promptly by the Company or a Permitted Lessee, as the case may be, upon discovery thereof or (ii) to the extent the Company (or, if a Lease is then in effect, any Permitted Lessee) is contesting in good faith the validity or application of any such law, rule or regulation or airworthiness certificate, license or registration in any manner that does not involve any material risk of sale, forfeiture or loss of the Aircraft or impair the Lien of this Indenture; provided that the Company shall not be in default under under, or required to take any action set forth in, this sentence if it is not possible for it (or any Permitted Lessee) to comply with the laws of a jurisdiction other than the United States (or other than any jurisdiction in which the Aircraft is then registered) because of a conflict with the applicable laws of the United States (or such jurisdiction in which the Aircraft is then registered); provided, further, that the . The Company shall promptly and diligently provide written notice also have the right to the Security Trustee of the occurrence of such conflict and the steps it deems reasonable to resolve or avoid such conflict, and the Company shall take such steps to resolve or avoid such conflict (or cause such steps to be taken) including, if necessary and so deemed reasonable, the removal of operate the Aircraft without having on board the original registration certificate or airworthiness certificate in the event that either or both such certificates disappear from such other jurisdiction other than the United States (or other than the jurisdiction in which the Aircraft is then registered) creating the conflict; and providedAircraft, further, that, but only to the extent the Company or any Permitted Lessee is contesting in good faith the validity or application of any such law, rule, regulation or order in any manner that does not involve any material risk of sale, forfeiture or loss permitted by Exemption No. 5318 of the Aircraft regulations of the FAA or the Security Trustee’s interest therein, the Company will not be in default under, or be required to take any action set forth in, this sentenceother similar exemption. The Company will not operate the Aircraft, or permit the Aircraft to be operated or located, (i) in any area excluded from coverage by any insurance required by the terms of Section 3.6 7.06 or (ii) in any war zone or recognized or, in the reasonable judgment of the Company’s judgment, threatened area areas of hostilities unless covered by war risk insurance in accordance with Section 3.67.06, unless in the case of either clause (i) or (ii), (x) government indemnification complying with Section 3.6(aSections 7.06(a) and (b) has been provided by a Government or (y) the Aircraft is only temporarily located in such area as a result of an isolated occurrence or isolated series of occurrences attributable to a hijacking, medical emergency, equipment malfunction, weather conditions, navigational error or other similar unforeseen circumstances or any other circumstances beyond the reasonable control of the Company (or any Permitted Lessee) and the Company (or such any Permitted Lessee Lessee) is using its good faith efforts promptly to remove the Aircraft from such areaarea as promptly as practicable.
Appears in 1 contract
Sources: Indenture and Security Agreement (Spirit Airlines, Inc.)
Operation and Use. The Company agrees that the Aircraft will not be maintained, used, serviced, repaired used or operated in violation of any law, rule, rule or regulation or order of any government of having jurisdiction in any country having jurisdiction over in which the Aircraft is flown or in violation of any airworthiness certificate, license or registration relating to the Aircraft issued by any such government, except (i) minor, unanticipated or non-recurring violations with respect to which corrective measures are taken promptly by the Company or, if any lease to a Permitted Lessee is then in effect with respect to the Aircraft, such Permitted Lessee, as the case may be, or (ii) to the extent the Company or such Permitted Lessee is contesting in good faith the validity or application of any such law, rule or regulation or airworthiness certificate, license or registration in any manner that does not involve any material risk of sale, forfeiture or loss of the Aircraft or impair the Lien of this Indenture; provided that the Company shall not be in default under under, or required to take any action set forth in, this sentence if it is not possible for it (or any such Permitted Lessee) to comply with the laws of a jurisdiction other than the United States (or other than any jurisdiction in which the Aircraft is then registered) because of a conflict with the applicable laws of the United States (or such jurisdiction in which the Aircraft is then registered); provided, further, that the . The Company shall promptly and diligently provide written notice also have the right to the Security Trustee of the occurrence of such conflict and the steps it deems reasonable to resolve or avoid such conflict, and the Company shall take such steps to resolve or avoid such conflict (or cause such steps to be taken) including, if necessary and so deemed reasonable, the removal of operate the Aircraft without having on board the original registration certificate or airworthiness certificate in the event that either or both such certificates disappear from such other jurisdiction other than the United States (or other than the jurisdiction in which the Aircraft is then registered) creating the conflict; and providedAircraft, further, that, but only to the extent the Company or any Permitted Lessee is contesting in good faith the validity or application of any such law, rule, regulation or order in any manner that does not involve any material risk of sale, forfeiture or loss permitted by Exemption No. 5318 of the Aircraft regulations of the FAA or the Security Trustee’s interest therein, the Company will not be in default under, or be required to take any action set forth in, this sentenceother similar exemption. The Company will not operate the Aircraft, or permit the Aircraft to be operated or located, (i) in any area excluded from coverage by any insurance required by the terms of Section 3.6 7.06 or (ii) in any war zone or recognized or, in the reasonable judgment of the Company’s judgment, threatened area areas of hostilities unless covered by war risk insurance in accordance with Section 3.67.06, unless in the case of either clause (i) or (ii), (x) governmental indemnification complying with Section 3.6(a7.06(a) and (bSection 7.06(b) has been provided by a Government or (y) the Aircraft is only temporarily located in such area as a result of an isolated occurrence or isolated series of occurrences attributable to a hijacking, medical emergency, equipment malfunction, weather conditions, navigational error or other similar unforeseen circumstances or any other circumstances beyond the reasonable control of the Company and the Company (or such any Permitted Lessee Lessee) is using its good faith efforts promptly to remove the Aircraft from such areaarea as promptly as practicable. 55 Indenture and Security Agreement (American Airlines 2021-1 EETC) [Reg. No.]
Appears in 1 contract
Operation and Use. The Company agrees that the Aircraft will not be maintained, used, serviced, repaired used or operated in violation of any law, rule, rule or regulation or order of any government of any country having jurisdiction over the Aircraft or in violation of any airworthiness certificate, license or registration relating to the Aircraft issued by any such government, except (i) immaterial or non-recurring violations with respect to which corrective measures are taken promptly by the Company or a Permitted Lessee, as the case may be, upon discovery thereof or (ii) to the extent the Company (or, if a Lease is then in effect, any Permitted Lessee) is contesting in good faith the validity or application of any such law, rule or regulation or airworthiness certificate, license or registration in any manner that does not involve any material risk of sale, forfeiture or loss of the Aircraft or impair the Lien of this Indenture; provided that the Company shall not be in default under under, or required to take any action set forth in, this sentence if it is not possible for it (or any Permitted Lessee) to comply with the laws of a jurisdiction other than the United States (or other than any jurisdiction in which the Aircraft is then registered) because of a conflict with the applicable laws of the United States (or such jurisdiction in which the Aircraft is then registered); provided, further, that the . The Company shall promptly and diligently provide written notice also have the right to the Security Trustee of the occurrence of such conflict and the steps it deems reasonable to resolve or avoid such conflict, and the Company shall take such steps to resolve or avoid such conflict (or cause such steps to be taken) including, if necessary and so deemed reasonable, the removal of operate the Aircraft without having on board the original registration certificate or airworthiness certificate in the event that either or both such certificates disappear from such other jurisdiction other than the United States (or other than the jurisdiction in which the Aircraft is then registered) creating the conflict; and providedAircraft, further, that, but only to the extent the Company or any Permitted Lessee is contesting in good faith the validity or application of any such law, rule, regulation or order in any manner that does not involve any material risk of sale, forfeiture or loss permitted by 56 Indenture and Security Agreement (Spirit 2017-1 EETC) [Reg. No.] Exemption No. 5318 of the Aircraft regulations of the FAA or the Security Trustee’s interest therein, the Company will not be in default under, or be required to take any action set forth in, this sentenceother similar exemption. The Company will not operate the Aircraft, or permit the Aircraft to be operated or located, (i) in any area excluded from coverage by any insurance required by the terms of Section 3.6 7.06 or (ii) in any war zone or recognized or, in the reasonable judgment of the Company’s judgment, threatened area areas of hostilities unless covered by war risk insurance in accordance with Section 3.67.06, unless in the case of either clause (i) or (ii), (x) government indemnification complying with Section 3.6(aSections 7.06(a) and (b) has been provided by a Government or (y) the Aircraft is only temporarily located in such area as a result of an isolated occurrence or isolated series of occurrences attributable to a hijacking, medical emergency, equipment malfunction, weather conditions, navigational error or other similar unforeseen circumstances or any other circumstances beyond the reasonable control of the Company (or any Permitted Lessee) and the Company (or such any Permitted Lessee Lessee) is using its good faith efforts promptly to remove the Aircraft from such areaarea as promptly as practicable.
Appears in 1 contract
Sources: Indenture and Security Agreement (Spirit Airlines, Inc.)
Operation and Use. The Company Lessee agrees that the Aircraft will not be maintained, used, serviced, repaired used or operated in violation of any law, rule, rule or regulation or order of any government of any country having jurisdiction over the Aircraft or in violation of any airworthiness certificate, license or registration relating to the Aircraft issued by any such government, except to the extent Lessee (or, if a Sublease is then in effect, any Permitted Sublessee) is contesting in good faith the validity or application of any such law, rule or regulation in any manner that does not involve any material risk of sale, forfeiture or loss of the Aircraft or materially adversely affect Lessor or, if any Equipment Notes are outstanding, materially impair the Lien of the Indenture; provided provided, that the Company Lessee shall not be in default under under, or required to take any action set forth in, this sentence if it is not possible for it (or any Permitted Lessee) to comply with the laws of a jurisdiction other than the United States (or other than any jurisdiction in which the Aircraft is then registered) because of a conflict with the applicable laws of the United States (or such jurisdiction in which the Aircraft is then registered); provided, further, that the Company shall promptly and diligently provide written notice to the Security Trustee of the occurrence of such conflict and the steps it deems reasonable to resolve or avoid such conflict, and the Company shall take such steps to resolve or avoid such conflict (or cause such steps to be taken) including, if necessary and so deemed reasonable, the removal of the Aircraft from such other jurisdiction other than the United States (or other than the jurisdiction in which the Aircraft is then registered) creating the conflict; and provided, further, that, to the extent the Company or any Permitted . Lessee is contesting in good faith the validity or application of any such law, rule, regulation or order in any manner that does not involve any material risk of sale, forfeiture or loss of the Aircraft or the Security Trustee’s interest therein, the Company will not be in default under, or be required to take any action set forth in, this sentence. The Company will not operate the Aircraft, or permit the Aircraft to be operated or located, (i) in any area excluded from coverage by any insurance required by the terms of Section 3.6 11 or (ii) in any war zone or recognized or, in the reasonable judgment of the CompanyLessee's judgment, threatened area areas of hostilities unless covered by war risk insurance in accordance with Section 3.611, unless in the case of either clause (i) or (ii), (x) indemnification complying with Section 3.6(a11 (a) and (b) has been provided by a Government or (y) the Aircraft is only temporarily located in such area as a result of an isolated occurrence or isolated series of occurrences attributable to a hijacking, medical emergency, equipment malfunction, weather conditions, navigational error or other similar unforeseen circumstances and the Company or such Permitted Lessee is using its good faith efforts promptly to remove the Aircraft from such areaarea as promptly as practicable.
Appears in 1 contract
Operation and Use. The Company agrees that will not maintain, use, service, repair, overhaul or operate the Aircraft will not be maintained(or permit any Lessee or other Person to maintain, useduse, servicedservice, repaired repair, overhaul or operated operate the Aircraft) in violation of any law, law or any rule, regulation regulation, order or order certificate of any government of any country or governmental authority (domestic or foreign) having jurisdiction over the Aircraft jurisdiction, or in violation of any airworthiness certificate, license or registration relating to the Aircraft issued by any such government; provided authority, except to the extent that the Company shall not be in default under this sentence if it is not possible for it (or any Permitted Lessee) to comply with the laws of a jurisdiction other than the United States (or other than any jurisdiction in which the Aircraft is then registered) because of a conflict with the applicable laws of the United States (or such jurisdiction in which the Aircraft is then registered); provided, further, that the Company shall promptly and diligently provide written notice to the Security Trustee of the occurrence of such conflict and the steps it deems reasonable to resolve or avoid such conflict, and the Company shall take such steps to resolve or avoid such conflict (or cause such steps to be taken) including, if necessary and so deemed reasonable, the removal of the Aircraft from such other jurisdiction other than the United States (or other than the jurisdiction in which the Aircraft is then registered) creating the conflict; and provided, further, that, to the extent the Company or any Permitted Lessee is contesting in good faith the validity or application of any such law, rule, regulation or order in any reasonable manner that which does not adversely affect the first priority Lien of this Mortgage and does not involve any material risk of sale, forfeiture or loss of the Aircraft or the Security Trustee’s interest therein, the Company will not be in default under, or be required to take any action set forth in, this sentenceAircraft. The Company will shall not operate the Aircraft, or permit any Lessee to operate the Aircraft to be operated or locatedAircraft, (ia) in the event insurance (including, without limitation, aircraft war risk and hijacking insurance) is not maintained in accordance with Section 3.6 hereof until such coverage is reinstated, or (b) in any area excluded from coverage by any insurance required by the terms of Section 3.6 hereof, whether before or (ii) in any war zone or recognized orafter the occurrence of an Event of Default based on such failure to maintain insurance; provided, in however, that the failure of the Company to comply with the provisions of this sentence shall not give rise to an Event of Default hereunder where such failure is attributable to causes beyond the reasonable judgment control of the Company, threatened area of hostilities unless covered by war risk insurance in accordance with Section 3.6, unless in either clause Company (ior any Lessee) or (ii), (x) indemnification complying with Section 3.6(a) and (b) has been provided by a Government or (y) the Aircraft is only temporarily located in such area as a result of to extraordinary circumstances involving an isolated occurrence or isolated series of occurrences attributable to hijacking, medical emergency, equipment malfunction, weather conditions, navigational error or other similar unforeseen circumstances and incidents not in the ordinary course of the regular operations of the Company (or any Lessee) and in each case the Company (or such Permitted Lessee Lessee, as the case may be) is using its good faith efforts promptly taking all reasonable steps to remove the Aircraft from remedy such areafailure as soon as is reasonably practicable.
Appears in 1 contract
Sources: Mortgage and Security Agreement (Northwest Airlines Corp)
Operation and Use. The Company Grantor agrees that the such Aircraft will not be maintained, used, serviced, repaired repaired, overhauled or operated in violation of any law, rule, rule or regulation or order of any government of any country having jurisdiction over the such Aircraft or in violation of any airworthiness certificate, license or registration relating to the such Aircraft issued by any such government, except (1) immaterial or non-recurring violations with respect to which corrective measures are taken promptly by the Grantor (or a Permitted Lessee) upon discovery thereof and (2) to the extent the Grantor is contesting in good faith the validity or application of any such law, rule or regulation or airworthiness certificate, license or registration in any manner that does not involve any material risk of sale, forfeiture or loss of such Aircraft or impair the Lien of this Aircraft Security Agreement; provided and provided, that the Company Grantor shall not be in default under under, or required to take any action set forth in, this sentence if it is not possible for it (or any Permitted Lessee) to comply with the laws of a jurisdiction other than the United States (or other than any jurisdiction in which the such Aircraft is then registered) because of a conflict with the applicable laws of the United States (or such jurisdiction in which the such Aircraft is then registered); provided, further, that the Company shall promptly and diligently provide written notice to the Security Trustee of the occurrence of such conflict and the steps it deems reasonable to resolve or avoid such conflict, and the Company shall take such steps to resolve or avoid such conflict (or cause such steps to be taken) including, if necessary and so deemed reasonable, the removal of the Aircraft from such other jurisdiction other than the United States (or other than the jurisdiction in which the Aircraft is then registered) creating the conflict; and provided, further, that, to the extent the Company or any Permitted Lessee is contesting in good faith the validity or application of any such law, rule, regulation or order in any manner that does not involve any material risk of sale, forfeiture or loss of the Aircraft or the Security Trustee’s interest therein, the Company will not be in default under, or be required to take any action set forth in, this sentence. The Company Grantor will not operate the such Aircraft, or permit the such Aircraft to be operated or located, (i) in any area excluded from coverage by any insurance required by the terms of Section 3.6 6.05 or (ii) in any war zone or recognized or, in the reasonable judgment of the CompanyGrantor’s judgment, threatened area areas of hostilities unless covered by war risk insurance, to the extent war risk insurance in accordance with is required pursuant to Section 3.66.05, unless in the case of either clause (i) or (ii), (x) governmental indemnification complying with in the amount of any insurance that would otherwise be required pursuant to Section 3.6(a) and (b) 6.05 has been provided by a Government or (y) the such Aircraft is only temporarily located in such area as a result of an isolated occurrence or isolated series of occurrences attributable to a hijacking, medical emergency, equipment malfunction, weather conditions, navigational error or other similar unforeseen circumstances and the Company or such Permitted Lessee Grantor is using its good faith efforts promptly to remove the such Aircraft from such areaarea as promptly as practicable.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (American Airlines Inc)
Operation and Use. The Company agrees that the Aircraft will not be maintained, used, serviced, repaired used or operated in violation of any law, rule, rule or regulation or order of any government of any country having jurisdiction over the Aircraft or in violation of any airworthiness certificate, license or registration relating to the Aircraft issued by any such Indenture and Security Agreement (Spirit 2015-1 EETC) [Reg. No.] government, except (i) immaterial or non-recurring violations with respect to which corrective measures are taken promptly by the Company or a Permitted Lessee, as the case may be, upon discovery thereof or (ii) to the extent the Company (or, if a Lease is then in effect, any Permitted Lessee) is contesting in good faith the validity or application of any such law, rule or regulation or airworthiness certificate, license or registration in any manner that does not involve any material risk of sale, forfeiture or loss of the Aircraft or impair the Lien of this Indenture; provided that the Company shall not be in default under under, or required to take any action set forth in, this sentence if it is not possible for it (or any Permitted Lessee) to comply with the laws of a jurisdiction other than the United States (or other than any jurisdiction in which the Aircraft is then registered) because of a conflict with the applicable laws of the United States (or such jurisdiction in which the Aircraft is then registered); provided, further, that the . The Company shall promptly and diligently provide written notice also have the right to the Security Trustee of the occurrence of such conflict and the steps it deems reasonable to resolve or avoid such conflict, and the Company shall take such steps to resolve or avoid such conflict (or cause such steps to be taken) including, if necessary and so deemed reasonable, the removal of operate the Aircraft without having on board the original registration certificate or airworthiness certificate in the event that either or both such certificates disappear from such other jurisdiction other than the United States (or other than the jurisdiction in which the Aircraft is then registered) creating the conflict; and providedAircraft, further, that, but only to the extent the Company or any Permitted Lessee is contesting in good faith the validity or application of any such law, rule, regulation or order in any manner that does not involve any material risk of sale, forfeiture or loss permitted by Exemption No. 5318 of the Aircraft regulations of the FAA or the Security Trustee’s interest therein, the Company will not be in default under, or be required to take any action set forth in, this sentenceother similar exemption. The Company will not operate the Aircraft, or permit the Aircraft to be operated or located, (i) in any area excluded from coverage by any insurance required by the terms of Section 3.6 7.06 or (ii) in any war zone or recognized or, in the reasonable judgment of the Company’s judgment, threatened area areas of hostilities unless covered by war risk insurance in accordance with Section 3.67.06, unless in the case of either clause (i) or (ii), (x) government indemnification complying with Section 3.6(aSections 7.06(a) and (b) has been provided by a Government or (y) the Aircraft is only temporarily located in such area as a result of an isolated occurrence or isolated series of occurrences attributable to a hijacking, medical emergency, equipment malfunction, weather conditions, navigational error or other similar unforeseen circumstances or any other circumstances beyond the reasonable control of the Company (or any Permitted Lessee) and the Company (or such any Permitted Lessee Lessee) is using its good faith efforts promptly to remove the Aircraft from such areaarea as promptly as practicable.
Appears in 1 contract
Sources: Indenture and Security Agreement
Operation and Use. The Company agrees that the Aircraft will not be maintained, used, serviced, repaired used or operated in violation of any law, rule, rule or regulation or order of any government of having jurisdiction in any country having jurisdiction over in which the Aircraft is flown or in violation of any airworthiness certificate, license or registration relating to the Aircraft issued by any such government, except (i) minor, unanticipated or non-recurring violations with respect to which corrective measures are taken promptly by the Company or, if any lease to a Permitted Lessee is then in effect with respect to the Aircraft, such Permitted Lessee, as the case may be, or (ii) to the extent the Company or such Permitted Lessee is contesting in good faith the validity or application of any such law, rule or regulation or airworthiness certificate, license or registration in any manner that does not involve any material risk of sale, forfeiture or loss of the Aircraft or impair the Lien of this Indenture; provided that the Company shall not be in default under under, or required to take any action set forth in, this sentence if it is not possible for it (or any such Permitted Lessee) to comply with the laws of a jurisdiction other than the United States (or other than any jurisdiction in which the Aircraft is then registered) because of a conflict with the applicable laws of the United States (or such jurisdiction in which the Aircraft is then registered); provided, further, that the . The Company shall promptly and diligently provide written notice also have the right to the Security Trustee of the occurrence of such conflict and the steps it deems reasonable to resolve or avoid such conflict, and the Company shall take such steps to resolve or avoid such conflict (or cause such steps to be taken) including, if necessary and so deemed reasonable, the removal of operate the Aircraft without having on board the original registration certificate or airworthiness certificate in the event that either or both such certificates disappear from such other jurisdiction other than the United States (or other than the jurisdiction in which the Aircraft is then registered) creating the conflict; and providedAircraft, further, that, but only to the extent the Company or any Permitted Lessee is contesting in good faith the validity or application of any such law, rule, regulation or order in any manner that does not involve any material risk of sale, forfeiture or loss permitted by Exemption No. 5318 of the Aircraft regulations of the FAA or the Security Trustee’s interest therein, the Company will not be in default under, or be required to take any action set forth in, this sentenceother similar exemption. The Company will not operate the Aircraft, or permit the Aircraft to be operated or located, (i) in any area excluded from coverage by any insurance required by the terms of Section 3.6 7.06 or (ii) in any war zone or recognized or, in the reasonable judgment of the Company’s judgment, threatened area areas of hostilities unless covered by war risk insurance in accordance with Section 3.67.06, unless in the case of either clause (i) or (ii), (x) governmental indemnification complying with Section 3.6(a7.06(a) and (bSection 7.06(b) has been provided by a Government or (y) the Aircraft is only temporarily located in such area as a result of an isolated occurrence or isolated series of occurrences attributable to a hijacking, medical emergency, equipment malfunction, weather conditions, navigational error or other similar unforeseen circumstances or any other circumstances beyond the reasonable control of the Company and the Company (or such any Permitted Lessee Lessee) is using its good faith efforts promptly to remove the Aircraft from such areaarea as promptly as practicable.
Appears in 1 contract
Operation and Use. The Company agrees that the Aircraft will not be maintained, used, serviced, repaired used or operated in violation of any law, rule, rule or regulation or order of any government of having jurisdiction in any country having jurisdiction over in which the Aircraft is flown or in violation of any airworthiness certificate, license or registration relating to the Aircraft issued by any such government, except (i) minor, unanticipated or non-recurring violations with respect to which corrective measures are taken promptly by the Company or, if any lease to a Permitted Lessee is then in effect with respect to the Aircraft, such Permitted Lessee, as the case may be, or (ii) to the extent the Company or such Permitted Lessee is contesting in good faith the validity or application of any such law, rule or regulation or airworthiness certificate, license or registration in any manner that does not involve any material risk of sale, forfeiture or loss of the Aircraft or impair the Lien of this Indenture; provided that the Company shall not be in default under under, or required to take any action set forth in, this sentence if it is not possible for it (or any such Permitted Lessee) to comply with the laws of a jurisdiction other than the United States (or other than any jurisdiction in which the Aircraft is then registered) because of a conflict with the applicable laws of the United States (or such jurisdiction in which the Aircraft is then registered); provided, further, that the . The Company shall promptly and diligently provide written notice also have the right to the Security Trustee of the occurrence of such conflict and the steps it deems reasonable to resolve or avoid such conflict, and the Company shall take such steps to resolve or avoid such conflict (or cause such steps to be taken) including, if necessary and so deemed reasonable, the removal of operate the Aircraft without having on board the original registration certificate or airworthiness certificate in the event that either or both such certificates disappear from such other jurisdiction other than the United States (or other than the jurisdiction in which the Aircraft is then registered) creating the conflict; and providedAircraft, further, that, but only to the extent the Company or any Permitted Lessee is contesting in good faith the validity or application of any such law, rule, regulation or order in any manner that does not involve any material risk of sale, forfeiture or loss permitted by Indenture and Security Agreement (American Airlines 2019-1 Aircraft EETC) [Reg. No.] Exemption No. 5318 of the Aircraft regulations of the FAA or the Security Trustee’s interest therein, the Company will not be in default under, or be required to take any action set forth in, this sentenceother similar exemption. The Company will not operate the Aircraft, or permit the Aircraft to be operated or located, (i) in any area excluded from coverage by any insurance required by the terms of Section 3.6 7.06 or (ii) in any war zone or recognized or, in the reasonable judgment of the Company’s judgment, threatened area areas of hostilities unless covered by war risk insurance in accordance with Section 3.67.06, unless in the case of either clause (i) or (ii), (x) governmental indemnification complying with Section 3.6(a7.06(a) and (bSection 7.06(b) has been provided by a Government or (y) the Aircraft is only temporarily located in such area as a result of an isolated occurrence or isolated series of occurrences attributable to a hijacking, medical emergency, equipment malfunction, weather conditions, navigational error or other similar unforeseen circumstances or any other circumstances beyond the reasonable control of the Company and the Company (or such any Permitted Lessee Lessee) is using its good faith efforts promptly to remove the Aircraft from such areaarea as promptly as practicable.
Appears in 1 contract
Sources: Trust Supplement
Operation and Use. The Company American agrees that the Aircraft will not be maintained, used, serviced, repaired used or operated in violation of any law, law or any rule, regulation or order of any government of any country or governmental authority having jurisdiction over the Aircraft Aircraft, or in violation of any airworthiness certificate, license or registration relating to the such Aircraft issued by any such governmentauthority, except where any such violation, either individually or in the aggregate with all other such violations, could not be reasonably expected to have a Material Adverse Effect; provided that American may in good faith contest the Company validity or application of any such law, rule, regulation or order in any reasonable manner which does not materially adversely affect the Lien of this Security Agreement; and provided further that American shall not be in default under this sentence if it is not possible for it (or any Permitted Lessee) to comply with the laws of a jurisdiction other than the United States of America (or other than any jurisdiction in which the any Aircraft is then registered) because of a conflict with the applicable laws of the United States of America (or such jurisdiction in which the such Aircraft is then registered); provided, further, that the Company ) in which event American American Airlines - Aircraft Security Agreement shall promptly and diligently provide written notice use its reasonable best efforts to the Security Trustee of the occurrence of such conflict and the steps it deems reasonable to resolve or avoid such conflict, and the Company shall take such steps to resolve or avoid such conflict (or cause such steps Aircraft to be taken) includingremoved, if necessary and so deemed reasonableas soon as practicable, from the removal of the Aircraft from such other jurisdiction other than the United States (or other than the jurisdiction in which the such Aircraft is then registered) creating the conflict or take such other reasonable action (including, if necessary, changing the registration of such Aircraft unless such Aircraft is then registered in the United States), as soon as practicable, as may be necessary to avoid the conflict; and provided, further, that, . American also agrees not to the extent the Company operate or locate any Permitted Lessee is contesting in good faith the validity or application of any such law, rule, regulation or order in any manner that does not involve any material risk of sale, forfeiture or loss of the Aircraft or the Security Trustee’s interest therein, the Company will not be in default under, or be required to take any action set forth in, this sentence. The Company will not operate the Aircraft, or permit the suffer any Aircraft to be operated or located, (i) in any area excluded from coverage by any insurance required by the terms of Section 3.6 5.06, except in the case of a requisition for use by the United States government where American obtains indemnity in lieu of such insurance from such United States government against the risks and in the amounts required by Section 5.06 (without giving effect to any self-insurance provisions thereunder) covering such area, or (ii) in any war zone or recognized or, in the American's reasonable judgment of the Companyjudgment, threatened area of hostilities unless covered by war risk insurance in accordance with Section 3.6insurance, or unless in either clause (i) or (ii), (x) indemnification complying with Section 3.6(a) and (b) has been provided by a Government or (y) the such Aircraft is only temporarily located in operated or used under contract with the United States government, under which contract such area as a result government assumes liability for any damage, loss or destruction of an isolated occurrence or isolated series such Aircraft at the end of occurrences attributable the term of such contract and for injury to hijacking, medical emergency, equipment malfunction, weather conditions, navigational error or other similar unforeseen circumstances persons and the Company or such Permitted Lessee is using its good faith efforts promptly damage to remove the Aircraft from such areaproperty of others.
Appears in 1 contract
Sources: Credit Agreement (Amr Corp)
Operation and Use. The Company agrees that the Aircraft will not be maintained, used, serviced, repaired or operated in violation of any law, rule, regulation or order of any government of any country having jurisdiction over the Aircraft or in violation of any airworthiness certificate, license or registration relating to the Aircraft issued by any such government; provided that the Company shall not be in default under this sentence if it is not possible for it (or any Permitted Lessee) to comply with the laws of a jurisdiction other than the United States (or other than any jurisdiction in which the Aircraft is then registered) because of a conflict with the applicable laws of the United States (or such jurisdiction in which the Aircraft is then registered); provided, further, that the Company shall promptly and diligently provide written notice to the Security Trustee of the occurrence of such conflict and the steps it deems reasonable to resolve or avoid such conflict, and the Company shall take such steps to resolve or avoid such conflict (or cause such steps to be taken) including, if necessary and so deemed reasonable, the removal of the Aircraft from such other jurisdiction other than the United States (or other than the jurisdiction in which Aircraft Security Agreement (N●) 24093720v16 Exhibit 10.1 the Aircraft is then registered) creating the conflict; and provided, further, that, to the extent the Company or any Permitted Lessee is contesting in good faith the validity or application of any such law, rule, regulation or order in any manner that does not involve any material risk of sale, forfeiture or loss of the Aircraft or the Security Trustee’s interest therein, the Company will not be in default under, or be required to take any action set forth in, this sentence. The Company will not operate the Aircraft, or permit the Aircraft to be operated or located, (i) in any area excluded from coverage by any insurance required by the terms of Section 3.6 or (ii) in any war zone or recognized or, in the reasonable judgment of the Company, threatened area of hostilities unless covered by war risk insurance in accordance with Section 3.6, unless in either clause (i) or (ii), (x) indemnification complying with Section 3.6(a) and (b) has been provided by a Government or (y) the Aircraft is only temporarily located in such area as a result of an isolated occurrence or isolated series of occurrences attributable to hijacking, medical emergency, equipment malfunction, weather conditions, navigational error or other similar unforeseen circumstances and the Company or such Permitted Lessee is using its good faith efforts promptly to remove the Aircraft from such area.
Appears in 1 contract