Protection of Title. Lessee acknowledges that title to the Aircraft shall at all times be and remain solely and exclusively vested in Lessor and that the Operative Documents constitute for all purposes, including tax purposes, an agreement by Lessor to lease the Aircraft to Lessee and, accordingly, Lessee shall: (a) not do or knowingly permit to be done or omit or knowingly permit to be omitted to be done any act or thing which might reasonably be expected to jeopardize the respective rights, title and interest of any Financing Party as mortgagee of the Aircraft and assignee of this Agreement or Lessor as owner of the Aircraft and lessor under this Agreement, or the validity, enforceability or priority of any Financing Security Document or which would be likely to expose Lessor or any Financing Party to any criminal or civil liability; (b) on all occasions when the ownership of the Aircraft, any Engine or any Part is relevant, make clear to third parties that title is held by ▇▇▇▇▇▇ and is subject to any Financing Security Document; (c) not at any time: (i) represent or hold out Lessor or any Financing Party as carrying goods or passengers on the Aircraft or as being in any way connected or associated with any operation or carriage (whether for hire or reward or gratuitously) which may be undertaken by Lessee; or (ii) pledge the credit of Lessor or any Financing Party; (d) ensure that there is always affixed, and not removed or in any way obscured, a fireproof plate (having dimensions of not less than 6 in. x 4 in.) in a reasonably prominent position on the Aircraft stating: (i) “This Aircraft (msn [msn]) is owned by [Insert Name and Address of Lessor]” (e) ensure that there is always affixed on each Engine, and not removed or in any way obscured, a fireproof plate in a prominent position near such Engine’s data plate stating: “ This Engine (esn [Insert esn]) is owned by [Insert Name of Lessor]” (f) not create or permit to exist any Security Interest upon the Aircraft, any Engine or any Part, except Permitted Liens and will promptly take, or cause to be taken, such actions as may be necessary to discharge any such Security Interest (other than Permitted Liens) that may at any time arise, exist or be levied upon the Aircraft, any Engine or Part; (g) not do or permit to be done anything which may reasonably be expected to expose the Aircraft, any Engine or any Part to penalty, forfeiture, impounding, detention, appropriation, damage or destruction and, without prejudice to the foregoing, if any such penalty, forfeiture, impounding, detention, appropriation, damage or destruction occurs, give Lessor notice and use its best efforts to procure the immediate release of the Aircraft, such Engine or such Part, as the case may be; (h) not abandon the Aircraft, any Engine or any Part; (i) pay and discharge or cause to be paid and discharged when due and payable or make adequate provision by way of security or otherwise for all debts, damages, claims and liabilities which have given or might reasonably be expected to give rise to a Security Interest over or affecting the Aircraft, any Engine or any Part; and (j) not attempt, or hold itself out as having any power, to sell, lease or otherwise dispose of the Aircraft, any Engine or any Part other than as expressly permitted by this Agreement.
Appears in 3 contracts
Sources: Lease Agreement, Aircraft Lease Agreement, Lease Agreement
Protection of Title. Lessee acknowledges that title to the Aircraft shall at all times be and remain solely and exclusively vested in Lessor Owner and that the Operative Documents constitute for all purposes, including tax purposes, an agreement by Lessor to lease the Aircraft to Lessee and, accordingly, Lessee shall:
: (a) not do or knowingly permit to be done or omit or knowingly permit to be omitted to be done any act or thing which might reasonably be expected to jeopardize the respective rights, title and interest of any Financing Party if the identity and interest of such Financing Party has been notified in writing to Lessee by ▇▇▇▇▇▇ as mortgagee of the Aircraft and assignee 44 of this Agreement or Lessor Owner as owner of the Aircraft and Lessor as lessor under this Agreement, or the validity, enforceability or priority of any Financing Security Document notice of which has been given to Lessee or which would be likely to expose Owner, Lessor or any Financing Party whose identity has been notified in writing to Lessee to any criminal or civil liability;
; (b) on all occasions when the ownership of the Aircraft, any Engine or any Part is relevant, make clear to third parties that title is held by ▇▇▇▇▇▇ Owner and is subject to any Financing Security Document;
Document notice of which has been given to Lessee; (c) not at any time:
: (i) represent or hold out Owner, Lessor or any Financing Party as carrying goods or passengers on the Aircraft or as being in any way connected or associated with any operation or carriage (whether for hire or reward or gratuitously) which may be undertaken by Lessee; or
or (ii) pledge the credit of Owner, Lessor or any Financing Party;
; (d) ensure that there is always affixed, and not removed or in any way obscured, a fireproof plate (having dimensions of not less than 6 in. x 4 in.) in a reasonably prominent position on the Aircraft stating:
(i) “with the following legend: "This Aircraft (msn MSN [msn*******]) is owned by [Insert Name and Address of Lessor]”
CASP Leasing I, LLC" or such other legend as requested by Lessor in writing from time to time; (e) ensure that there is always affixed on each Engine, and not removed or in any way obscured, a fireproof plate in a prominent position near such Engine’s 's data plate statingwith the following legend: “ "This Engine (esn ESN [Insert esn]) is owned by [Insert Name of Lessor]”
CASP Leasing I, LLC" or such other legend as requested by Lessor in writing from time to time; (f) not create or permit to exist any Security Interest upon the Aircraft, any Engine or any Part, except Permitted Liens and will shall promptly take, or cause to be taken, such actions as may be necessary to discharge any such Security Interest (other than Permitted Liens) that may at any time arise, exist or be levied upon the Aircraft, any Engine or Part;
; (g) not do or permit to be done anything which may reasonably be expected to expose the Aircraft, any Engine or any Part to penalty, forfeiture, impounding, detention, appropriation, damage or destruction and, without prejudice to the foregoing, if any such penalty, forfeiture, impounding, detention, appropriation, damage or destruction occurs, give Lessor notice and use its best reasonable efforts to procure the immediate release of the Aircraft, such Engine or such Part, as the case may be;
; (h) not abandon the Aircraft, any Engine or any Part;
; (i) pay and discharge or cause to be paid and discharged when due and payable or make adequate provision by way of security or otherwise for all debts, damages, claims and liabilities which have given or might reasonably be expected to give rise to a Security Interest over or affecting the Aircraft, any Engine or any Part; and
(j) not attempt, or hold itself out as having any power, to sell, lease or otherwise dispose of the Aircraft, any Engine or any Part other than as expressly permitted by this Agreement.
Appears in 2 contracts
Sources: Aircraft Lease Agreement (Air T Inc), Aircraft Lease Agreement (Air T Inc)
Protection of Title. Lessee acknowledges that title to the Aircraft shall at all times be and remain solely and exclusively vested in Lessor and that the Operative Documents constitute for all purposes, including tax purposes, an agreement by Lessor to lease the Aircraft to Lessee and, accordingly, The Lessee shall:
(a) not do or knowingly permit to be done or omit or knowingly permit to be omitted to be done any act or thing which might reasonably be expected to jeopardize the respective rights, title and interest of any Financing Party the Lender as mortgagee of the Aircraft and assignee of this Agreement or the Lessor as owner of the Aircraft and lessor under this Agreement, Agreement or the validity, enforceability or priority of any Financing Security Document or which would be likely to expose Lessor or any Financing Party to any criminal or civil liabilitythe Mortgage and the Assignment;
(b) on all occasions when the ownership of the Aircraft, any Engine or any Part is relevant, make clear to third parties that title is held by ▇▇▇▇▇▇ the Lessor and is subject to any Financing Security Documentthe Mortgage;
(c) not at any time:
(i) represent or hold out the Lessor or any Financing Party the Lender as carrying goods or passengers on the Aircraft or as being in any way connected or associated with any operation or carriage (whether for hire or reward or gratuitously) which may be undertaken by the Lessee; or
(ii) pledge the credit of the Lessor or any Financing Partythe Lender;
(d) ensure that there is always affixed, and not removed or in any way obscured, a fireproof plate (having dimensions of not less than 6 in. x 4 in.) in a reasonably prominent position on the Aircraft and on each Engine stating:
(i) “: "This Aircraft (msn [msn]) Aircraft/Engine is owned by [Insert Name ACG Acquisition VIII LLC, is leased to Aloha Airlines, Inc. and Address is subject to a mortgage and security agreement in favor of Lessor]”FINOVA Capital Corporation. It may not be operated by any other person without the prior written consent of ACG Acquisition VIII LLC and FINOVA Capital Corporation.";
(e) ensure that there is always affixed on each Engine, and not removed or in any way obscured, a fireproof plate in a prominent position near such Engine’s data plate stating: “ This Engine (esn [Insert esn]) is owned by [Insert Name of Lessor]”
(f) not create or permit to exist any Security Interest upon the Aircraft, any Engine or any Part, except Permitted Liens and will promptly take, or cause to be taken, such actions as may be necessary to discharge any such Security Interest (other than Permitted Liens) that may at any time arise, exist or be levied upon the Aircraft, any Engine or Part;
(gf) not do or permit to be done anything which may reasonably be expected to expose the Aircraft, any Engine or any Part to penalty, forfeiture, impounding, detention, appropriation, damage or destruction and, without prejudice to the foregoing, if any such penalty, forfeiture, impounding, detention, appropriation, damage or destruction occurs, give the Lessor notice and use its best efforts to procure the immediate release of the Aircraft, such Engine or such Part, as the case may be;
(hg) not abandon the Aircraft, any the Engine or any Part;
(ih) pay and discharge or cause to be paid and discharged when due and payable or make adequate provision by way of security or otherwise for all debts, damages, claims and liabilities which have given or might reasonably be expected to give rise to a Security Interest over or affecting the Aircraft, any Engine or any Part; and
(ji) not attempt, or hold itself out as having any power, to sell, lease or otherwise dispose of the Aircraft, any Engine or any Part other than as expressly permitted by this Agreement.
Appears in 2 contracts
Sources: Lease Agreement (Turn Works Acquisition Iii Sub a Inc), Lease Agreement (Turn Works Acquisition Iii Sub a Inc)
Protection of Title. Lessee acknowledges that title to the Aircraft shall at all times be and remain solely and exclusively vested in Lessor and that the Operative Documents constitute for all purposes, including tax purposes, an agreement by Lessor to lease the Aircraft to Lessee and, accordingly, The Lessee shall:
(a) not do or knowingly permit to be done or omit or knowingly permit to be omitted to be done any act or thing which might reasonably be expected to jeopardize the respective rights, title and interest of any Financing Party Mortgagee as mortgagee of the Aircraft and assignee of this Agreement or the Lessor as owner of the Aircraft and lessor under this Agreement, Agreement or the validity, enforceability or priority of any Financing Security Document or which would be likely to expose Lessor or any Financing Party to any criminal or civil liabilitythe Mortgage and the Assignment;
(b) on all occasions when the ownership of the Aircraft, any Engine or any Part is relevant, make clear to third parties that title is held by ▇▇▇▇▇▇ the Lessor and is subject to any Financing Security Documentthe Mortgage;
(c) not at any time:
(i) represent or hold out the Lessor or any Financing Party as carrying goods or passengers on the Aircraft or as being in any way connected or associated with any operation or carriage (whether for hire or reward or gratuitously) which may be undertaken by the Lessee; or
(ii) pledge the credit of the Lessor or any Financing Party;
(d) ensure that there is always affixed, and not removed or in any way obscured, a fireproof plate (having dimensions of not less than 6 in. x 4 in.) in a reasonably prominent position on the Aircraft and on each Engine stating:
(i) “This Aircraft (msn [msn]) is owned by [Insert Name and Address of Lessor]”
(e) ensure that there is always affixed on each Engine, and not removed or in any way obscured, a fireproof plate in a prominent position near such Engine’s data plate stating: “ This Engine (esn [Insert esn]) is owned by [Insert Name of Lessor]”
(f) not create or permit to exist any Security Interest upon the Aircraft, any Engine or any Part, except Permitted Liens and will promptly take, or cause to be taken, such actions as may be necessary to discharge any such Security Interest (other than Permitted Liens) that may at any time arise, exist or be levied upon the Aircraft, any Engine or Part;
(gf) not do or permit to be done anything which may reasonably be expected to expose the Aircraft, any Engine or any Part to penalty, forfeiture, impounding, detention, appropriation, damage or destruction and, without prejudice to the foregoing, if any such penalty, forfeiture, impounding, detention, appropriation, damage or destruction occurs, give the Lessor notice and use its best efforts to procure the immediate release of the Aircraft, such Engine or such Part, as the case may be;
(hg) not abandon the Aircraft, any the Engine or any Part;
(ih) pay and discharge or cause to be paid and discharged when due and payable or make adequate provision by way of security or otherwise for all debts, damages, claims and liabilities which have given or might reasonably be expected to give rise to a Security Interest (other than a Permitted Lien) over or affecting the Aircraft, any Engine or any Part; and
(ji) not attempt, or hold itself out as having any power, to sell, lease or otherwise dispose of the Aircraft, any Engine or any Part other than as expressly permitted by this Agreement.
Appears in 1 contract
Protection of Title. Lessee acknowledges that title to the Aircraft shall at all times be and remain solely and exclusively vested in Lessor and that the Operative Documents constitute for all purposes, including tax purposes, an agreement by Lessor to lease the Aircraft to Lessee and, accordingly, Lessee shall:
(a) not do or knowingly permit to be done or omit or knowingly permit to be omitted to be done any act or thing which might reasonably be expected to jeopardize the respective rights, title and interest of any Financing Party Mortgagee as mortgagee of the Aircraft and assignee of this Agreement or Lessor as owner of the Aircraft and lessor under this Agreement, Agreement or the validity, enforceability or priority of any Financing Security Document or which would be likely to expose Lessor Mortgage, any Additional Mortgage or any Financing Party to any criminal or civil liabilityAssignment;
(b) on all occasions when the ownership of the Aircraft, any Engine or any Part is relevant, make clear to third parties that title is held by ▇▇▇▇▇▇ Lessor and is subject to any Financing Security DocumentMortgage;
(c) not at any time:
(i) represent or hold out Lessor or any Financing Party as carrying goods or passengers on the Aircraft or as being in any way connected or associated with any operation or carriage (whether for hire or reward or gratuitously) which may be undertaken by Lessee; or
(ii) pledge the credit of Lessor or any Financing Party;
(d) ensure that there is always affixed, and not removed or in any way obscured, a fireproof plate (having dimensions of not less than 6 in. x 4 in.) in a reasonably prominent position on the Aircraft and on each Engine stating:
(i) “: "This Aircraft (msn [msn]) Aircraft/Engine] is owned by [Insert Name First Security Bank, National Association, not in its individual capacity but solely as owner trustee, and Address is leased to Air Slovakia BWJ, Ltd. It may not be operated by any other person without the prior written consent of Lessor]”First Security Bank, National Association, as owner trustee."
(e) ensure that there is always affixed on each Engine, and not removed or in any way obscured, a fireproof plate in a prominent position near such Engine’s data plate stating: “ This Engine (esn [Insert esn]) is owned by [Insert Name of Lessor]”
(f) not create or permit to exist any Security Interest upon the Aircraft, any Engine or any Part, except Permitted Liens and will promptly take, or cause to be taken, such actions as may be necessary to discharge any such Security Interest (other than Permitted Liens) that may at any time arise, exist or be levied upon the Aircraft, any Engine or Part;
(gf) not do or permit to be done anything which may reasonably be expected to expose the Aircraft, any Engine or any Part to penalty, forfeiture, impounding, detention, appropriation, damage or destruction and, without prejudice to the foregoing, if any such penalty, forfeiture, impounding, detention, appropriation, damage or destruction occurs, give Lessor notice and use its best efforts to procure the immediate release of the Aircraft, such Engine or such Part, as the case may be;
(hg) not abandon the Aircraft, any the Engine or any Part;
(ih) pay and discharge or cause to be paid and discharged when due and payable or make adequate provision by way of security or otherwise for all debts, damages, claims and liabilities which have given or might reasonably be expected to give rise to a Security Interest over or affecting the Aircraft, any Engine or any Part; and
(ji) not attempt, or hold itself out as having any power, to sell, lease or otherwise dispose of the Aircraft, any Engine or any Part other than as expressly permitted by this Agreement.
Appears in 1 contract
Sources: Lease Agreement (Airfund International Limited Partnership)
Protection of Title. Lessee acknowledges that title to the Aircraft shall at all times be and remain solely and exclusively vested in Lessor and that the Operative Documents constitute for all purposes, including tax purposes, an agreement by Lessor to lease the Aircraft to Lessee and, accordingly, The Lessee shall:
(a) not do or knowingly permit to be done or omit or knowingly permit to be omitted to be done any act or thing which might reasonably be expected to jeopardize the respective rights, title and interest of any Financing Party Mortgagee as mortgagee of the Aircraft and assignee of this Agreement or the Lessor as owner of the Aircraft and lessor under this Agreement, Agreement or the validity, enforceability or priority of any Financing Security Document or which would be likely to expose Lessor or any Financing Party to any criminal or civil liabilitythe Mortgage and the Assignment;
(b) on all occasions when the ownership of the Aircraft, any Engine or any Part is relevant, make clear to third parties that title is held by ▇▇▇▇▇▇ the Lessor and is subject to any Financing Security Documentthe Mortgage;
(c) not at any time:
(i) represent or hold out the Lessor or any Financing Party as carrying goods or passengers on the Aircraft or as being in any way connected or associated with any operation or carriage (whether for hire or reward or gratuitously) which may be undertaken by the Lessee; or
(ii) pledge the credit of the Lessor or any Financing Party;
(d) ensure that there is always affixed, and not removed or in any way obscured, a fireproof plate (having dimensions of not less than 6 in. x 4 in.) in a reasonably prominent position on the Aircraft and on each Engine stating:
(i) “: "This Aircraft (msn [msn]) Aircraft/Engine] is owned by [Insert Name Aircraft 22122, Inc., is leased to Vanguard Airlines, Inc. and Address is subject to a mortgage and security agreement in favor of Lessor]”FINOVA Capital Corporation. It may not be operated by any other person without the prior written consent of Aircraft 22122, Inc. and FINOVA Capital Corporation."
(e) ensure that there is always affixed on each Engine, and not removed or in any way obscured, a fireproof plate in a prominent position near such Engine’s data plate stating: “ This Engine (esn [Insert esn]) is owned by [Insert Name of Lessor]”
(f) not create or permit to exist any Security Interest upon the Aircraft, any Engine or any Part, except Permitted Liens and will promptly take, or cause to be taken, such actions as may be necessary to discharge any such Security Interest (other than Permitted Liens) that may at any time arise, exist or be levied upon the Aircraft, any Engine or Part;
(gf) not do or permit to be done anything which may reasonably be expected to expose the Aircraft, any Engine or any Part to penalty, forfeiture, impounding, detention, appropriation, damage or destruction and, without prejudice to the foregoing, if any such penalty, forfeiture, impounding, detention, appropriation, damage or destruction occurs, give the Lessor notice and use its best efforts to procure the immediate release of the Aircraft, such Engine or such Part, as the case may be;
(hg) not abandon the Aircraft, any the Engine or any Part;
(ih) pay and discharge or cause to be paid and discharged when due and payable or make adequate provision by way of security or otherwise for all debts, damages, claims and liabilities which have given or might reasonably be expected to give rise to a Security Interest (other than a Permitted Lien) over or affecting the Aircraft, any Engine or any Part; and
(ji) not attempt, or hold itself out as having any power, to sell, lease or otherwise dispose of the Aircraft, any Engine or any Part other than as expressly permitted by this Agreement.
Appears in 1 contract
Protection of Title. Lessee acknowledges that title to the Aircraft shall at all times be and remain solely and exclusively vested in Lessor and that the Operative Documents constitute for all purposes, including tax purposes, an agreement by Lessor to lease the Aircraft to Lessee and, accordingly, The Lessee shall:
(a) a. not do or knowingly permit to be done or omit or knowingly permit to be omitted to be done any act or thing which might reasonably be expected to jeopardize the respective rights, title and interest of any Financing Party as mortgagee of the Aircraft and assignee of this Agreement or Lessor as owner of the Aircraft and lessor under this Agreement, the right, title and interest of any mortgagee of the Aircraft and assignee of this Agreement or the validity, enforceability or priority of any Financing Security Document or which would be likely to expose Lessor or any Financing Party to any criminal or civil liabilitymortgage;
(b) b. on all occasions when the ownership of the Aircraft, any Engine or any Part is relevant, make clear to third parties that title is held by ▇▇▇▇▇▇ the Lessor and is subject to any Financing Security DocumentMortgage;
(c) c. not at any time:
(i) i. represent or hold out the Lessor or any Financing Party as carrying goods or passengers on the Aircraft or as being in any way connected or associated with any operation or carriage (whether for hire or reward or gratuitously) which may be undertaken by the Lessee; or
(ii) . pledge the credit of Lessor or any Financing Partythe Lessor;
(d) d. ensure that there is always affixed, and not removed or in any way obscured, a fireproof plate (having dimensions of not less than 6 in. x 4 in.) in a location reasonably adjacent to, and not less prominent than, the airworthiness certificate for the Aircraft and in a reasonably prominent position on the Aircraft stating:
(i) “This Aircraft (msn [msn]) is owned by [Insert Name and Address of Lessor]”
(e) ensure that there is always affixed on each Engine, and not removed or in any way obscured, a fireproof plate in a prominent position near such Engine’s data plate Engine stating: “ "This Aircraft/Engine (esn [Insert esn]) is owned by [Insert Name of Lessor]”leased to Aerovias de Mexico, S.A. de C.V. Owner: Investors Asset Holding Corp., not in its Individual ----- Capacity but Solely as Owner Trustee Mortgagees: CL/PK Funding Trust and ---------- PK AirFinance S.A., New York Branch" and Lessee agrees to make such changes to such lease identification plates as Lessor may reasonably request from time to time.
(f) e. not create or permit to exist any Security Interest upon the Aircraft, any Engine or any Part, except Permitted Liens and will promptly take, or cause to be taken, such actions as may be necessary to discharge any such Security Interest (other than Permitted Liens) that may at any time arise, exist or be levied upon the Aircraft, any Engine or Part;
(g) f. not do or permit to be done anything which may reasonably be expected to expose the Aircraft, any Engine or any Part to penalty, forfeiture, impounding, detention, appropriation, damage or destruction and, without prejudice to the foregoing, if any such penalty, forfeiture, impounding, detention, appropriation, damage or destruction occurs, give the Lessor notice and use its best efforts to procure the immediate release of the Aircraft, such Engine or such Part, as the case may be;
(h) g. not abandon the Aircraft, any the Engine or any Part;
(i) h. pay and discharge or cause to be paid and discharged when due and payable or make adequate provision by way of security or otherwise for all debts, damages, claims and liabilities which have given or might reasonably be expected to give rise to a Security Interest over or affecting the Aircraft, any Engine or any Part; and;
(j) i. not attempt, or hold itself out as having any power, to sell, lease or otherwise dispose of the Aircraft, any Engine or any Part other than as expressly permitted by this Agreement; and
j. do or cause to be done, at its sole cost and expense, any and all acts and things which may be required under the terms of any applicable law (other than Federal Aviation Law) involving any jurisdiction in which Lessee may operate, or any and all acts and things which the Lessor or any Lessor Lender may reasonably request, to perfect and preserve Lessor's ownership rights regarding and any Lessor Lender's security interest in and to the Aircraft within any such jurisdiction.
Appears in 1 contract
Sources: Lease Agreement (Airfund International Limited Partnership)
Protection of Title. Lessee acknowledges that title to the Aircraft shall at all times be and remain solely and exclusively vested in Lessor and that the Operative Documents constitute for all purposes, including tax purposes, an agreement by Lessor to lease the Aircraft to Lessee and, accordingly, The Lessee shall:
(a) not do or knowingly permit to be done or omit or knowingly permit to be omitted to be done any act or thing which might reasonably be expected to jeopardize the respective rights, title and interest of any Financing Party the Lender as mortgagee of the Aircraft and assignee of this Agreement or the Lessor as owner of the Aircraft and lessor under this Agreement, Agreement or the validity, enforceability or priority of any Financing Security Document or which would be likely to expose Lessor or any Financing Party to any criminal or civil liabilitythe Mortgage;
(b) on all occasions when the ownership of the Aircraft, any Engine or any Part is relevant, make clear to third parties that title is held by ▇▇▇▇▇▇ the Lessor and is subject to any Financing Security Documentthe Mortgage;
(c) not at any time:
(i) represent or hold out the Lessor or any Financing Party the Lender as carrying goods or passengers on the Aircraft or as being in any way connected or associated with any operation or carriage (whether for hire or reward or gratuitously) which may be undertaken by the Lessee; or
(ii) pledge the credit of the Lessor or any Financing Partythe Lender;
(d) ensure that there is always affixed, and not removed or in any way obscured, a fireproof plate (having dimensions of not less than 6 in. x 4 in.) in a reasonably prominent position on the Aircraft and on each Engine stating:
(i) “: "This Aircraft (msn [msn]) Aircraft/Engine is owned by [Insert Name ACG Acquisition XII LLC, is leased to Aloha Airlines, Inc. and Address is subject to a mortgage and security agreement in favor of Lessor]”Sanwa Business Credit Corporation. It may not be operated by any other person without the prior written consent of ACG Acquisition XII LLC and Sanwa Business Credit Corporation.";
(e) ensure that there is always affixed on each Engine, and not removed or in any way obscured, a fireproof plate in a prominent position near such Engine’s data plate stating: “ This Engine (esn [Insert esn]) is owned by [Insert Name of Lessor]”
(f) not create or permit to exist any Security Interest upon the Aircraft, any Engine or any Part, except Permitted Liens and will promptly take, or cause to be taken, such actions as may be necessary to discharge any such Security Interest (other than Permitted Liens) that may at any time arise, exist or be levied upon the Aircraft, any Engine or Part;
(gf) not do or permit to be done anything which may reasonably be expected to expose the Aircraft, any Engine or any Part to penalty, forfeiture, impounding, detention, appropriation, damage or destruction and, without prejudice to the foregoing, if any such penalty, forfeiture, impounding, detention, appropriation, damage or destruction occurs, give the Lessor and the Lender notice and use its best efforts to procure the immediate release of the Aircraft, such Engine or such Part, as the case may be;
(hg) not abandon the Aircraft, any the Engine or any Part;
(ih) pay and discharge or cause to be paid and discharged when due and payable or make adequate provision by way of security or otherwise for all debts, damages, claims and liabilities which have given or might reasonably be expected to give rise to a Security Interest over or affecting the Aircraft, any Engine or any Part; and
(ji) not attempt, or hold itself out as having any power, to sell, lease or otherwise dispose of the Aircraft, any Engine or any Part other than as expressly permitted by this Agreement.
Appears in 1 contract
Sources: Lease Agreement (Turn Works Acquisition Iii Sub a Inc)
Protection of Title. Lessee acknowledges that title to the Aircraft shall at all times be and remain solely and exclusively vested in Lessor and that the Operative Documents constitute for all purposes, including tax purposes, an agreement by Lessor to lease the Aircraft to Lessee and, accordingly, The Lessee shall, at Lessee's sole expense:
(a) not 8.7.1 Not do or knowingly permit to be done or omit or knowingly permit to be omitted to be done any act or thing which might reasonably be expected to jeopardize the respective rights, title and interest of any Financing Party as mortgagee of the Aircraft and assignee of this Agreement or Lessor as owner of the Aircraft and lessor Lessor under this Agreement, the right, title and interest of any Lender of the Aircraft or assignee of this Agreement or the validity, enforceability or priority of any Financing Security Document or which would be likely Mortgage.
8.7.2 Make clear to expose Lessor or any Financing Party to any criminal or civil liability;
(b) third parties, on all occasions when the ownership of the Aircraft, any Engine or any Part is relevant, make clear to third parties that title is held by ▇▇▇▇▇▇ the Lessor and is subject to any Financing Security Document;Mortgage.
(c) not 8.7.3 Not at any time:
(i) time represent or hold out the Lessor or any Financing Party as carrying goods or passengers on the Aircraft or as being in any way connected or associated with any operation or carriage (whether for hire or reward or gratuitously) which may be undertaken by the Lessee; or
(ii) , or pledge the credit of Lessor or any Financing Party;the Lessor.
(d) ensure 8.7.4 Ensure that there is always affixed, and not removed or in any way obscured, a fireproof plate (having dimensions of not less than 6 in. x 4 in.) in a location reasonably adjacent to, and not less prominent than, the airworthiness certificate for the Aircraft and in a reasonably prominent position on the Aircraft stating:
(i) “This Aircraft (msn [msn]) is owned by [Insert Name and Address of Lessor]”
(e) ensure that there is always affixed on each Engine, and not removed or in any way obscured, a fireproof plate in a prominent position near such Engine’s data plate Engine stating: “ "This Aircraft/Engine (esn [Insert esn]) is owned by [Insert Name of Lessor]”leased to Cygnus Air, S.A. U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE AND OWNER THE UNITED BANK OF KUWAIT PLC, AS AGENT AND LENDER Airframe: DC8-73F, Manufacturer's Serial Number 46133, Spanish Registration Number_____" and Lessee agrees to make such changes to such lease identification plates as Lessor may reasonably request from time to time.
(f) not 8.7.5 Not create or permit to exist any Security Interest other than those of Lessor or authorized by Lessor upon the Aircraft, any Engine or any Part, except Permitted Liens and will promptly take, or cause to be taken, such actions as may be necessary to discharge any such Security Interest (other than Permitted Liens) that may at any time arise, exist or be levied upon the Aircraft, any Engine or Part;.
(g) not 8.7.6 Not do or permit to be done anything which may reasonably be expected to expose the Aircraft, any Engine or any Part to penalty, forfeiture, impounding, detention, appropriation, damage or destruction and, without prejudice to the foregoing, if any such penalty, forfeiture, impounding, detention, appropriation, damage or destruction occurs, give the Lessor notice and use its best efforts to procure the immediate release of the Aircraft, such Engine or such Part, as the case may be;.
(h) not 8.7.7 Not abandon the Aircraft, any the Engine or any Part;.
(i) pay 8.7.8 Pay and discharge or cause to be paid and discharged when due and payable or make adequate provision by way of security or otherwise for all debts, damages, claims and liabilities which have given or might reasonably be expected to give rise to a Security Interest over or affecting the Aircraft, any Engine or any Part; and.
(j) not 8.7.9 Not attempt, or hold itself out as having any power, to sell, lease or otherwise dispose of the Aircraft, any Engine or any Part other than as expressly permitted by this Agreement.
8.7.10 Do or cause to be done, at its sole cost and expense, any and all acts and things which may be required under the terms of any Applicable Law (other than Federal Aviation Law) involving any jurisdiction in which Lessee may operate, or any and all acts and things which the Lessor or any Lender may reasonably request, to perfect and preserve, to the extent legally possible, Lessor's ownership rights and any Lender's Security Interest in and to the Aircraft within any such jurisdiction.
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Protection of Title. Lessee acknowledges that title to the Aircraft shall at all times be and remain solely and exclusively vested in Lessor and that the Operative Documents constitute for all purposes, including tax purposes, an agreement by Lessor to lease the Aircraft to Lessee and, accordingly, The Lessee shall:
(a) not do or knowingly permit to be done or omit or knowingly permit to be omitted to be done any act or thing which might reasonably be expected to jeopardize the respective rights, title and interest of any Financing Party Mortgagee as mortgagee of the Aircraft and assignee of this Agreement or the Lessor as owner of the Aircraft and lessor under this Agreement, Agreement or the validity, enforceability or priority of any Financing Security Document or which would be likely to expose Lessor or any Financing Party to any criminal or civil liabilitythe Mortgage and the Assignment;
(b) on all occasions when the ownership of the Aircraft, any Engine or any Part is relevant, make clear to third parties that title is held by ▇▇▇▇▇▇ the Lessor and is subject to any Financing Security Documentthe Mortgage;
(c) not at any time:
(i) represent or hold out the Lessor or any Financing Party as carrying goods or passengers on the Aircraft or as being in any way connected or associated with any operation or carriage (whether for hire or reward or gratuitously) which may be undertaken by the Lessee; or
(ii) pledge the credit of the Lessor or any Financing Party;
(d) ensure that there is always affixed, and not removed or in any way obscured, a fireproof plate (having dimensions of not less than 6 in. x 4 in.) in a reasonably prominent position on the Aircraft and on each Engine stating:
(i) “: "This Aircraft (msn [msn]) Aircraft/Engine] is owned by [Insert Name Aircraft 22120, Inc., is leased to Vanguard Airlines, Inc. and Address is subject to a mortgage and security agreement in favor of Lessor]”FINOVA Capital Corporation. It may not be operated by any other person without the prior written consent of Aircraft 22120, Inc. and FINOVA Capital Corporation."
(e) ensure that there is always affixed on each Engine, and not removed or in any way obscured, a fireproof plate in a prominent position near such Engine’s data plate stating: “ This Engine (esn [Insert esn]) is owned by [Insert Name of Lessor]”
(f) not create or permit to exist any Security Interest upon the Aircraft, any Engine or any Part, except Permitted Liens and will promptly take, or cause to be taken, such actions as may be necessary to discharge any such Security Interest (other than Permitted Liens) that may at any time arise, exist or be levied upon the Aircraft, any Engine or Part;
(gf) not do or permit to be done anything which may reasonably be expected to expose the Aircraft, any Engine or any Part to penalty, forfeiture, impounding, detention, appropriation, damage or destruction and, without prejudice to the foregoing, if any such penalty, forfeiture, impounding, detention, appropriation, damage or destruction occurs, give the Lessor notice and use its best efforts to procure the immediate release of the Aircraft, such Engine or such Part, as the case may be;
(hg) not abandon the Aircraft, any the Engine or any Part;
(ih) pay and discharge or cause to be paid and discharged when due and payable or make adequate provision by way of security or otherwise for all debts, damages, claims and liabilities which have given or might reasonably be expected to give rise to a Security Interest (other than a Permitted Lien) over or affecting the Aircraft, any Engine or any Part; and
(ji) not attempt, or hold itself out as having any power, to sell, lease or otherwise dispose of the Aircraft, any Engine or any Part other than as expressly permitted by this Agreement.
Appears in 1 contract
Protection of Title. Lessee acknowledges that title to the Aircraft shall at all times be and remain solely and exclusively vested in Lessor and that the Operative Documents constitute for all purposes, including tax purposes, an agreement by Lessor to lease the Aircraft to Lessee and, accordingly, Lessee shall:
(a) not do or knowingly permit to be done or omit or knowingly permit to be omitted to be done any act or thing which might reasonably be expected to jeopardize the respective rights, title and interest of any Financing Party as mortgagee of the Aircraft and assignee of this Agreement or Lessor as owner of the Aircraft and lessor under this Agreement, or the validity, enforceability or priority of any Financing Security Document or which would be likely to expose Lessor or any Financing Party to any criminal or civil liability;
(b) on all occasions when the ownership of the Aircraft, any Engine or any Part is relevant, make clear to third parties that title is held by ▇▇▇▇▇▇ Lessor and is subject to any Financing Security Document;
(c) not at any time:
(i) represent or hold out Lessor or any Financing Party as carrying goods or passengers on the Aircraft or as being in any way connected or associated with any operation or carriage (whether for hire or reward or gratuitously) which may be undertaken by Lessee; or
(ii) pledge the credit of Lessor or any Financing Party;
(d) ensure that there is always affixed, and not removed or in any way obscured, a fireproof plate (having dimensions of not less than 6 in. x 4 in.) in a reasonably prominent position on the Aircraft stating:
(i) : “This Aircraft (msn [msn]) MSN 2480 is owned by [Insert Name and Address of Lessor]Wilmington Trust Company as Owner Trustee for Aircraft MSN 2480 Trust, not in its individual capacity but solely as Owner Trustee under the Trust Agreement, address: ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇-▇▇▇▇.”
(e) ensure that there is always affixed on each Engine, and not removed or in any way obscured, a fireproof plate in a prominent position near such Engine’s data plate stating: “ “This Engine (esn ESN [Insert esn]) V11437 / V12767] is owned by [Insert Name of Lessor]Wilmington Trust Company as Owner Trustee for Aircraft MSN 2480 Trust, not in its individual capacity but solely as Owner Trustee under the Trust Agreement, address: ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇, ▇▇▇▇▇-▇▇▇▇.”
(f) not create or permit to exist any Security Interest upon the Aircraft, any Engine or any Part, except Permitted Liens and will promptly take, or cause to be taken, such actions as may be necessary to discharge any such Security Interest (other than Permitted Liens) that may at any time arise, exist or be levied upon the Aircraft, any Engine or Part;
(g) not do or permit to be done anything which may reasonably be expected to expose the Aircraft, any Engine or any Part to penalty, forfeiture, impounding, detention, appropriation, damage or destruction and, without prejudice to the foregoing, if any such penalty, forfeiture, impounding, detention, appropriation, damage or destruction occurs, give Lessor notice and use its best efforts to procure the immediate release of the Aircraft, such Engine or such Part, as the case may be;
(h) not abandon the Aircraft, any the Engine or any Part;
(i) pay and discharge or cause to be paid and discharged when due and payable or make adequate provision by way of security or otherwise for all debts, damages, claims and liabilities which have given or might reasonably be expected to give rise to a Security Interest over or affecting the Aircraft, any Engine or any Part; and
(j) not attempt, or hold itself out as having any power, to sell, lease or otherwise dispose of the Aircraft, any Engine or any Part other than as expressly permitted by this Agreement.
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Sources: Lease Agreement (Global Crossing Airlines Group Inc.)