Common use of Reports, Etc Clause in Contracts

Reports, Etc. On or before the Closing Date and annually following renewal of Company’s insurance coverage, Company will furnish to Loan Trustee and each Liquidity Provider current certificates of insurance and a report signed by a firm of independent aircraft insurance brokers appointed by Company (which brokers may be in the regular employ of Company), stating the opinion of such firm that the commercial hull and liability insurance then carried and maintained on the Aircraft complies with the terms hereof. All information contained in such report shall be Confidential Information and shall be treated by Loan Trustee and each Liquidity Provider and each of their Affiliates and their respective officers, directors, agents and employees in accordance with the provisions of Section 10.16. Company will use commercially reasonable efforts to cause such firm to notify Loan Trustee and each Liquidity Provider of any act or omission on the part of Company of which such firm has knowledge that might invalidate or render unenforceable, in whole or in part, any insurance on the Aircraft. Company will use commercially reasonable efforts to cause such firm to notify Loan Trustee and each Liquidity Provider as promptly as practicable after such firm acquires knowledge that a cancellation of any insurance carried and maintained on the Aircraft pursuant to this Section 7.06 will occur. Such information may only be provided to other Persons in accordance with Section 10.16. In the event that Company shall fail to maintain or to cause to be maintained insurance as herein provided, Loan Trustee may at its option obtain such insurance (giving Company prompt written notice thereof, but the failure to so notify Company shall not in any way affect the rights of Loan Trustee hereunder) and, in such event, Company shall, upon demand, reimburse Loan Trustee for the cost to Loan Trustee of such insurance, together with interest thereon at the Past Due Rate for the period commencing with the date such cost was paid to the date of reimbursement; provided, however, that no exercise by Loan Trustee of said option shall affect the provisions of this Indenture, including the provisions that failure by Company to maintain the prescribed insurance shall constitute an Event of Default.

Reports, Etc. On Lessee will furnish, or cause to be furnished, to Lessor, the Indenture Trustee, the Owner Participant and the Pass Through Trustee, on or before the Closing Delivery Date and annually following renewal on each annual anniversary date of Company’s Lessee's applicable insurance, a report, signed by Lessee's regular insurance coverage, Company will furnish to Loan Trustee and each Liquidity Provider current certificates broker or any other independent firm of insurance and a report signed by a firm of independent aircraft insurance brokers appointed by Company (reasonably acceptable to Lessor which brokers may be in the regular employ of CompanyLessee (the "Insurance Brokers"), describing in reasonable detail the hull and liability insurance (and property insurance for detached engines and parts) then carried and maintained with respect to the Aircraft and stating the opinion of such firm that the commercial hull and liability insurance then carried and maintained on the Aircraft complies with the terms hereof. All ; provided, that all information contained in such the foregoing report shall not be Confidential Information made available by Lessor, the Indenture Trustee or the Owner Participant or the Pass Through Trustee to anyone except (i) to prospective and permitted transferees of Lessor's, the Owner Participant's, the Indenture Trustee's or the Pass Through Trustee's interest or their respective counsel, independent certified public accountants and independent insurance brokers or other agents, who agree to hold such information confidential, (ii) to Lessor's, the Owner Participant's, the Indenture Trustee's or a Pass Through Trustee's counsel or independent certified public accountants, independent insurance brokers or agents who agree to hold such information confidential or (iii) as may be required by any statute, court or administrative order or decree or governmental ruling or regulation; provided, however that any disclosure permitted by clause (iii) above shall be treated by Loan Trustee and each Liquidity Provider and each made only to the extent necessary to meet the specific requirements or needs of their Affiliates and their respective officers, directors, agents and employees in accordance with the provisions of Section 10.16Persons to whom such disclosures are hereby permitted. Company Lessee will use commercially reasonable efforts to cause such firm Insurance Broker to notify Loan agree to advise Lessor, the Indenture Trustee, the Owner Participant and the Pass Through Trustee and each Liquidity Provider in writing of any act or omission on the part of Company Lessee of which such firm it has knowledge that and which might invalidate or render unenforceable, in whole or in part, any insurance on the Aircraft. Company will use commercially reasonable efforts Aircraft and to cause such firm advise in writing at least thirty (30) days (ten (10) days in the case of war risk and allied perils coverage and ten (10) days notice with respect to notify Loan Trustee and each Liquidity Provider as promptly as practicable after such firm acquires knowledge that a the Electronic Date Recognition Exclusion Limited Coverage Endorsement), prior to the cancellation or material adverse change of any insurance carried maintained pursuant to Section 11, provided that if the notice period specified above is not reasonably obtainable, the Insurance Broker shall provide for as long a period of prior notice as shall then be reasonably obtainable. In addition, Lessee will also cause such Insurance Brokers to deliver to Lessor, the Indenture Trustee, the Owner Participant and maintained the Pass Through Trustee, on or prior to the date of expiration of any insurance policy referenced in a previously delivered certificate of insurance, a new certificate of insurance, substantially in the same form as delivered by Lessee to such parties on the Aircraft pursuant to this Section 7.06 will occur. Such information may only be provided to other Persons Delivery Date except for such changes in accordance the report or the coverage consistent with Section 10.16the terms hereof. In the event that Company Lessee or any Sublessee shall fail to maintain or to cause to be maintained insurance as herein provided, Loan Lessor or the Indenture Trustee may at its option obtain sole option, but shall be under no duty to, provide such insurance (giving Company prompt written notice thereof, but the failure to so notify Company shall not in any way affect the rights of Loan Trustee hereunder) and, in such event, Company Lessee shall, upon demand, reimburse Loan Trustee Lessor or the Indenture Trustee, as Supplemental Rent, for the cost thereof to Loan Trustee of such insuranceLessor or the Indenture Trustee, together with interest thereon at as the Past Due Rate for the period commencing with the date such cost was paid to the date of reimbursementcase may be; provided, however, that no exercise by Loan Trustee Lessor or the Indenture Trustee, as the case may be, of said option shall affect the provisions of this IndentureLease, including the provisions that failure by Company to maintain the prescribed insurance shall constitute an Event of DefaultSection 14(g).

Reports, Etc. On or before the Closing Date and annually following renewal of Company’s insurance coverage, Company will furnish to Loan Trustee and each Liquidity Provider current certificates of insurance and a report signed by a firm of independent aircraft insurance brokers appointed by Company (which brokers may be in the regular employ of Company), stating the opinion of such firm that the commercial hull and liability insurance then carried and maintained on the Aircraft complies with the terms hereof. All information contained in such report shall be Confidential Information and shall be treated by Loan Trustee and each Liquidity Provider and each of their Affiliates and their respective officers, directors, agents and employees in accordance with the provisions of Section 10.16. Company will use commercially reasonable efforts to cause such firm to notify Loan Trustee and each Liquidity Provider of any act or omission on the part of Company of which such firm has knowledge that might invalidate or render unenforceable, in whole or in part, any insurance on the Aircraft. Company will use commercially reasonable efforts to also cause such firm to notify Loan Trustee and each Liquidity Provider as promptly as practicable after such firm acquires knowledge that a cancellation of any insurance carried and maintained on the Aircraft pursuant to this Section 7.06 will occur. Such information may only be provided to other Persons in accordance with Section 10.16. In the event that Company shall fail to maintain or to cause to be maintained insurance as herein provided, Loan Trustee may at its option obtain such insurance (giving Company prompt written notice thereof, but the failure to so notify Company shall not in any way affect the rights of Loan Trustee hereunder) and, in such event, Company shall, upon demand, reimburse Loan Trustee for the cost to Loan Trustee of such insurance, together with interest thereon at the Past Due Rate for the period commencing with the date such cost was paid to the date of reimbursement; provided, however, that no exercise by Loan Trustee of said option shall affect the provisions of this Indenture, including the provisions that failure by Company to maintain the prescribed insurance shall constitute an Event of Default.

Reports, Etc. On The Owner will furnish, or cause to be furnished, to Mortgagee on or before the Closing Date and annually following on or before the renewal dates of Companythe Owner’s (or the Permitted Lessee’s) relevant insurance coveragepolicies, Company will furnish to Loan Trustee and each Liquidity Provider current certificates a report, signed by AON Risk Services of Illinois, Inc., or any other recognized independent firm of insurance and a report signed brokers selected by a firm of independent aircraft insurance brokers appointed by Company (the Owner, which brokers may be in regularly retained by the regular employ of CompanyOwner or any Permitted Lessee (the “Insurance Broker”), stating the opinion of such firm that describing in reasonable detail the commercial hull and liability insurance then carried and maintained on with respect to the Aircraft and stating the opinion of such firm that, to its knowledge, such commercial insurance complies with the terms hereofof this Annex B. Such information shall remain confidential as provided in Section 6 of the Participation Agreement. All information contained in To the extent such report shall be Confidential Information and shall be treated by Loan Trustee and each Liquidity Provider and each of their Affiliates and their respective officersagreement is reasonably obtainable, directors, agents and employees in accordance with the provisions of Section 10.16. Company Owner will use commercially reasonable efforts to cause such firm Insurance Broker to notify Loan Trustee and each Liquidity Provider agree to advise the Mortgagee in writing of any default in the payment of premium and of any other act or omission on the part of Company the Owner (or any Permitted Lessee) of which such firm it has actual knowledge that might and which will invalidate or render unenforceable, in whole or in part, any commercial insurance on as required by the Aircraft. Company will use commercially reasonable efforts terms hereof and to cause such firm advise Mortgagee at least thirty (30) days (seven (7) days in the case of war risk and allied perils insurance and ten (10) days in the case of nonpayment of premium) prior to notify Loan Trustee and each Liquidity Provider as promptly as practicable after such firm acquires knowledge that a cancellation the cancellation, lapse or material adverse change of any insurance carried and maintained on the Aircraft pursuant to this Section 7.06 will occur. Such information Annex B, provided that, if the notice period set forth above is not reasonably obtainable, the Insurance Broker shall provide for such shorter or longer period as may only be provided to other Persons obtainable in accordance with Section 10.16the international insurance market. In the event that Company the Owner shall fail to maintain or to cause to be maintained insurance as herein provided, Loan Trustee may Mortgagee may, at its option obtain sole option, provide such insurance (giving Company prompt written notice thereof, but the failure to so notify Company shall not in any way affect the rights of Loan Trustee hereunder) and, in such event, Company the Owner shall, upon demand, reimburse Loan Trustee Mortgagee for the cost to Loan Trustee of such insurance, together with interest thereon at the Past Due Rate for the period commencing with the date such cost was paid to the date of reimbursement; provided, however, that no exercise by Loan Trustee of said option shall affect the provisions of this Indenture, including the provisions that failure by Company to maintain the prescribed insurance shall constitute an Event of Defaultthereof.

Reports, Etc. On The Company will furnish, or cause to be furnished, to Collateral Agent on or before the Closing Date and annually following on or before the renewal dates of the Company’s (or the Permitted Lessee’s) relevant insurance coveragepolicies, Company will furnish to Loan Trustee and each Liquidity Provider current certificates a report, signed by AON Risk Services of Illinois, Inc., or any other recognized independent firm of insurance and a report signed brokers selected by a firm of independent aircraft insurance brokers appointed by Company (the Company, which brokers may be in regularly retained by the regular employ of CompanyCompany or any Permitted Lessee (the “Insurance Broker”), stating the opinion of such firm that describing in reasonable detail the commercial hull and liability insurance then carried and maintained on with respect to the Aircraft and stating the opinion of such firm that, to its knowledge, such commercial insurance complies with the terms hereofof this Annex B provided, however, that such opinion shall not be required if the then Insurance Broker generally does not provide such an opinion or will provide such an opinion only for material additional cost. All information contained in To the extent such report shall be Confidential Information and shall be treated by Loan Trustee and each Liquidity Provider and each of their Affiliates and their respective officersagreement is reasonably obtainable, directors, agents and employees in accordance with the provisions of Section 10.16. Company will use commercially reasonable efforts cause the Insurance Broker to cause such firm agree to notify Loan Trustee and each Liquidity Provider advise the Collateral Agent in writing of any default in the payment of premium and of any other act or omission on the part of the Company (or any Permitted Lessee) of which such firm it has actual knowledge that might and which will invalidate or render unenforceable, in whole or in part, any commercial insurance on as required by the Aircraft. Company will use commercially reasonable efforts terms hereof or cause the cancellation, termination or interruption of such insurance and to cause such firm advise Collateral Agent at least thirty (30) days (seven (7) days in the case of war risk and allied perils insurance and ten (10) days in the case of nonpayment of premium) prior to notify Loan Trustee and each Liquidity Provider as promptly as practicable after such firm acquires knowledge that a cancellation the cancellation, lapse or material adverse change of any insurance carried and maintained on the Aircraft pursuant to this Section 7.06 will occur. Such information Annex B, provided that, if the notice period set forth above is not reasonably obtainable, the Insurance Broker shall provide for such shorter or longer period as may only be provided to other Persons obtainable in accordance with Section 10.16the international insurance market. In the event that the Company shall fail to maintain or to cause to be maintained insurance as herein provided, Loan Trustee may Collateral Agent may, at its option obtain sole option, provide such insurance (giving Company prompt written notice thereof, but the failure to so notify Company shall not in any way affect the rights of Loan Trustee hereunder) and, in such event, the Company shall, upon demand, reimburse Loan Trustee Collateral Agent for the cost to Loan Trustee of such insurance, together with interest thereon at the Past Due Rate for the period commencing with the date such cost was paid to the date of reimbursement; provided, however, that no exercise by Loan Trustee of said option shall affect the provisions of this Indenture, including the provisions that failure by Company to maintain the prescribed insurance shall constitute an Event of Defaultthereof.

Reports, Etc. On or before the Closing Date and annually following renewal of Company’s Grantors’ insurance coverage, Company Grantors will furnish to Loan Trustee and each Liquidity Provider current certificates of insurance and Collateral Agent a report signed by a firm of independent aircraft insurance brokers appointed by Company Grantors (which brokers may be in the regular employ of CompanyGrantors), stating the opinion of such firm that the commercial hull and liability insurance then carried and maintained on each Airframe, Engine and Spare Engine and the Aircraft Pledged Spare Parts complies with the terms hereofhereof and that the portion of such insurance that is commercial insurance provides coverages that are in substantially similar form, are of such types, and have limits within the range of limits as are customarily carried by similarly-situated U.S. carriers operating similar routes, and including a confirmation that the commercial insurance has been placed with insurers and identification of the primary claims lead. All information contained in such report shall be Confidential Information and shall be treated by Loan Trustee Collateral Agent and each Liquidity Provider Lender and each of their Affiliates affiliates, members and their respective officers, directors, agents and employees in accordance with the confidentiality provisions of Section 10.1610.03 of the Credit Agreement. Company Grantors will use commercially reasonable efforts to cause such firm to notify Loan Trustee Collateral Agent and each Liquidity Provider Lender of any act or omission on the part of Company a Grantor of which such firm has knowledge that might invalidate or render unenforceable, in whole or in part, any insurance on the Aircraftany Airframe, Engine or Spare Engine. Company Grantors will use commercially reasonable efforts to also cause such firm to notify Loan Trustee Collateral Agent and each Liquidity Provider Lender as promptly as practicable after such firm acquires knowledge that a cancellation an interruption of any insurance carried and maintained on the any Aircraft pursuant to the insurance provisions of this Section 7.06 Mortgage will occur. Such information may only be provided to other Persons in accordance with the confidentiality provisions of Section 10.1610.03 of the Credit Agreement. Upon request from Collateral Agent, Grantors will provide Collateral Agent with copies of any certificates evidencing renewal of any insurance policies with respect to the Aircraft maintained by Grantors with any agency or regulatory body of the United States government. In the event that Company Grantors shall fail to maintain or to cause to be maintained insurance as herein provided, Loan Trustee Collateral Agent may at its option obtain such insurance (giving Company Grantors prompt written notice thereof, but the failure to so notify Company shall not in any way affect the rights of Loan Trustee hereunder) and, in such event, Company Grantors shall, upon demand, reimburse Loan Trustee Collateral Agent for the cost to Loan Trustee Collateral Agent of such insurance, together with interest thereon at the Past Due Rate for the period commencing with the date such cost was paid to the date of reimbursement; provided, however, that no exercise by Loan Trustee of said option shall affect the provisions of this Indenture, including the provisions that failure by Company to maintain the prescribed insurance shall constitute an Event of Default.

Reports, Etc. On The Company will furnish, or cause to be furnished to the Mortgagee and the Lenders, on or before the Closing Delivery Date for each Aircraft and annually following on each renewal date of the Company’s 's relevant insurance coveragepolicies, Company will furnish to Loan Trustee and each Liquidity Provider current certificates of insurance and a report report, signed by a firm of independent aircraft Qualified Insurance Broker, describing in reasonable detail the hull and liability insurance brokers appointed by Company (which brokers may be in and property insurance for detached Engines and Parts) then carried and maintained with respect to the regular employ of Company), relevant Aircraft and stating the opinion of such firm that the commercial hull and liability (a) all premiums in connection with such insurance then carried due have been paid and maintained on the Aircraft (b) such insurance complies with the terms hereof. All information contained Such report of the Qualified Insurance Broker shall remain confidential as provided in such report shall be Confidential Information and shall be treated by Loan Trustee and each Liquidity Provider and each Section 9.22 of their Affiliates and their respective officers, directors, agents and employees in accordance with the provisions of Section 10.16Secured Credit Agreement. The Company will use commercially reasonable efforts to cause such firm Qualified Insurance Broker to notify Loan Trustee agree to advise the Mortgagee and each Liquidity Provider the Lenders in writing of any default in the payment of any premium and of any other act or omission on the part of the Company of which such firm it has knowledge that and which might invalidate or render unenforceable, in whole or in part, any insurance on such Aircraft and to send notice to such Persons in writing at least 30 days (seven days or such lesser period as is available in the Aircraft. Company will use commercially reasonable efforts case of war-risk and allied perils coverage and ten days in the case of cancellation for non-payment of premium) prior to cause such firm to notify Loan Trustee and each Liquidity Provider as promptly as practicable after such firm acquires knowledge that a the cancellation (but not scheduled expiration) or material adverse change of any insurance carried and maintained on the Aircraft pursuant to this Section 7.06 Article 5. In addition, the Company will occur. Such information may only be provided also cause such Qualified Insurance Broker to other Persons deliver to the Mortgagee and the Lenders, on or prior to the date of expiration of any insurance policy referenced in accordance a previously delivered certificate of insurance, a new certificate of insurance, substantially in the same form as delivered by the Company to such parties on the Delivery Date for such Aircraft except for changes in the report or the coverage consistent with Section 10.16the terms hereof. In the event that the Company shall fail to maintain or to cause to be maintained insurance as herein provided, Loan Trustee the Mortgagee or any Lender may at its option obtain sole option, but shall be under no duty to, provide such insurance (giving Company prompt written notice thereof, but the failure to so notify Company shall not in any way affect the rights of Loan Trustee hereunder) and, in such event, the Company shall, upon demand, reimburse Loan Trustee the Mortgagee or such Lender for the cost to Loan Trustee of such insurance, together with interest thereon at the Past Due Rate for the period commencing with the date such cost was paid thereof to the date Mortgagee or such Lender, as the case may be, without waiver of reimbursementany other rights the Mortgagee or such Lender may have; provided, however, that no exercise by Loan Trustee the Mortgagee or any Lender, as the case may be, of said option shall affect the provisions of this IndentureMortgage, including the provisions that failure by the Company to maintain the prescribed insurance shall constitute an Event of Default.

Reports, Etc. On or before the Closing Date and annually following renewal of Company’s insurance coverage, Company will furnish to Loan Trustee and each the Liquidity Provider current certificates of insurance and a report signed by a firm of independent aircraft insurance brokers appointed by Company (which brokers may be in the regular employ of Company), stating the opinion of such firm that the commercial hull and liability insurance then carried and maintained on the Aircraft complies with the terms hereof. All information contained in such report shall be Confidential Information and shall be treated by Loan Trustee and each the Liquidity Provider and each of their Affiliates and their respective officers, directors, agents and employees in accordance with the provisions of Section ‎Section 10.16. Company will use commercially reasonable efforts to cause such firm to notify Loan Trustee and each the Liquidity Provider of any act or omission on the part of Company of which such firm has knowledge that might invalidate or render unenforceable, in whole or in part, any insurance on the Aircraft. Company will use commercially reasonable efforts to cause such firm to notify Loan Trustee and each the Liquidity Provider as promptly as practicable after such firm acquires knowledge that a cancellation of any insurance carried and maintained on the Aircraft pursuant to this Section ‎Section 7.06 will occur. Such information may only be provided to other Persons in accordance with Section ‎Section 10.16. In the event that Company shall fail to maintain or to cause to be maintained insurance as herein provided, Loan Trustee may at its option obtain such insurance (giving Company prompt written notice thereof, but the failure to so notify Company shall not in any way affect the rights of Loan Trustee hereunder) and, in such event, Company shall, upon demand, reimburse Loan Trustee for the cost to Loan Trustee of such insurance, together with interest thereon at the Past Due Rate for the period commencing with the date such cost was paid to the date of reimbursement; provided, however, that no exercise by Loan Trustee of said option shall affect the provisions of this Indenture, including the provisions that failure by Company to maintain the prescribed insurance shall constitute an Event of Default.

Reports, Etc. On or before the Closing Date and annually following renewal of Company’s insurance coverage, Company will furnish to Loan Trustee and each Liquidity Provider Providers current certificates of insurance and a report signed by a firm of independent aircraft insurance brokers appointed by Company (which brokers may be in the regular employ of Company), stating the opinion of such firm that the commercial hull and liability insurance then carried and maintained on the Aircraft complies with the terms hereof. All information contained in such report shall be Confidential Information and shall be treated by Loan Trustee and each Liquidity Provider Providers and each of their Affiliates and their respective officers, directors, agents and employees in accordance with the provisions of Section 10.16. Company will use commercially reasonable efforts to cause such firm to notify Loan Trustee and each Liquidity Provider Providers of any act or omission on the part of Company of which such firm has knowledge that might invalidate or render unenforceable, in whole or in part, any insurance on the Aircraft. Company will use commercially reasonable efforts to also cause such firm to notify Loan Trustee and each Liquidity Provider Providers as promptly as practicable after such firm acquires knowledge that a cancellation an interruption of any insurance carried and maintained on the Aircraft pursuant to this Section 7.06 will occur. Such information may only be provided to other Persons in accordance with Section 10.16. In the event that Company shall fail to maintain or to cause to be maintained insurance as herein provided, Loan Trustee may at its option obtain such insurance (giving Company prompt written notice thereof, but the failure to so notify Company shall not in any way affect the rights of Loan Trustee hereunder) and, in such event, Company shall, upon demand, reimburse Loan Trustee for the cost to Loan Trustee of such insurance, together with interest thereon at the Past Due Rate for the period commencing with the date such cost was paid to the date of reimbursement; provided, however, that no exercise by Loan Trustee of said option shall affect the provisions of this Indenture, including the provisions that failure by Company to maintain the prescribed insurance shall constitute an Event of Default.