Reports, Etc. The Borrower will furnish, or cause to be furnished, to the Administrative Agent on or before the Delivery Date and annually on or before the renewal dates of the Borrower's relevant insurance policies, a report, signed by a recognized independent firm of insurance brokers, which brokers may be regularly retained by the Borrower (the "Insurance Brokers"), describing in reasonable detail the hull and liability insurance then carried and maintained with respect to the Aircraft and stating the opinion of such firm that, to the best of its knowledge, such insurance complies with the terms of Article VI. Such information shall remain confidential as provided in Section 21 of the Credit Agreement. The Borrower will cause the Insurance Brokers to agree to advise the Administrative Agent in writing (a) of any default in the payment of premium and of any other act or omission on the part of the Borrower of which it has actual knowledge and which will invalidate or render unenforceable, in whole or in part, any insurance as required by the terms hereof, (b) at least thirty (30) days (seven (7) days in the case of War Risk Insurance) prior to the cancellation (but not scheduled expiration) or material adverse change of any insurance maintained pursuant to this Article VI, provided that, in respect of the War Risk Insurance, if the notice period specified above is not obtainable, the Insurance Brokers shall provide for as long a period of prior notice as shall then be obtainable and (c) if any of the insurance required by this Article VI is not renewed on the same terms (save as to premium and period of cover and as the Administrative Agent might otherwise have notified to the Insurance Brokers to be acceptable to the Administrative Agent) seven (7) days prior to expiry thereof. In the event that the Borrower shall fail to maintain or cause to be maintained insurance as herein provided, the Administrative Agent may, at its sole option, provide such insurance and, in such event, the Borrower shall, upon demand, reimburse the Administrative Agent for the cost thereof.
Appears in 2 contracts
Sources: Mortgage and Security Agreement (Frontier Airlines Inc /Co/), Mortgage and Security Agreement (Frontier Airlines Inc /Co/)
Reports, Etc. The Borrower Grantor will furnish, or cause to be furnished, to the Administrative Agent on or before the Delivery Applicable Date with respect to each Airframe and Engine and annually on or before the renewal dates of the Borrower's Grantor’s (or the Permitted Lessee’s) relevant insurance policies, a report, signed by a recognized independent firm of insurance brokersbrokers selected by the Grantor, which brokers may be regularly retained by the Borrower Grantor or any Permitted Lessee (the "“Insurance Brokers"Broker”), describing in reasonable detail the commercial hull and liability insurance then carried and maintained with respect to the Aircraft applicable Airframes and Engines and stating the opinion of such firm that, to the best of its knowledge, such commercial insurance complies with the terms of Article VIthis Annex B; provided, that in respect of insurance maintained by the Grantor (or the Permitted Lessee) in accordance with Section 3.06(c) of the Mortgage, the Grantor (or Permitted Lessee) may in lieu of the Insurance Broker directly furnish such information (which shall include copies of the FAA certificate of coverage), but without any need to express any such opinion. Such information shall remain confidential as provided in Section 21 10.03 of the Credit Agreement. The Borrower To the extent such agreement is reasonably obtainable, the Grantor will cause the such Insurance Brokers Broker to agree to advise the Administrative Agent in writing (a) of any default in the payment of premium and of any other act or omission on the part of the Borrower Grantor (or any Permitted Lessee) of which it has actual knowledge and which will invalidate or render unenforceable, in whole or in part, any commercial insurance as required by the terms hereof, (b) hereof and to advise Administrative Agent at least thirty (30) days (seven (7) days in the case of War Risk Insurancewar risk and allied perils insurance) prior to the cancellation (but not scheduled expiration) cancellation, lapse or material adverse change of any insurance maintained pursuant to this Article VIAnnex B, provided that, in respect of the War Risk Insurance, if the notice period specified set forth above is not reasonably obtainable, the Insurance Brokers Broker shall provide for such shorter or longer period as long a period of prior notice as shall then may be obtainable and (c) if any of the insurance required by this Article VI is not renewed on the same terms (save as to premium and period of cover and as the Administrative Agent might otherwise have notified to the Insurance Brokers to be acceptable to the Administrative Agent) seven (7) days prior to expiry thereofobtainable. In the event that the Borrower Grantor shall fail to maintain or cause to be maintained insurance as herein provided, the Administrative Agent may, at its sole option, provide Mortgage and Security Agreement 1005973744v2 such insurance and, in such event, the Borrower Grantor shall, upon demand, reimburse the Administrative Agent for the cost thereof.
Appears in 1 contract
Sources: Delayed Draw Term Loan Credit Agreement (Jetblue Airways Corp)
Reports, Etc. The Borrower will furnish, or cause to be furnished, to the Administrative Agent on or before the each Delivery Date and annually on or before the renewal dates of the Borrower's relevant insurance policies, a report, signed by a recognized independent firm of insurance brokers, which brokers may be regularly retained by the Borrower (the "Insurance Brokers"), describing in reasonable detail the hull and liability insurance then carried and maintained with respect to the each Aircraft and stating the opinion of such firm that, to the best of its knowledge, such insurance complies with the terms of Article VI. Such information shall remain confidential as provided in Section 21 of the Credit Agreement. The Borrower will cause the Insurance Brokers to agree to advise the Administrative Agent in writing (a) of any default in the payment of premium and of any other act or omission on the part of the Borrower of which it has actual knowledge and which will invalidate or render unenforceable, in whole or in part, any insurance as required by the terms hereof, (b) at least thirty (30) days (seven (7) days in the case of War Risk Insurance) prior to the cancellation (but not scheduled expiration) or material adverse change of any insurance maintained pursuant to this Article VI, provided that, in respect of the War Risk Insurance, if the notice period specified above is not obtainable, the Insurance Brokers shall provide for as long a period of prior notice as shall then be obtainable and (c) if any of the insurance required by this Article VI is are not renewed on the same terms (save as to premium and period of cover and as the Administrative Agent might otherwise have notified to the Insurance Brokers to be acceptable to the Administrative Agent) seven (7) days prior to expiry thereof. In the event that the Borrower shall fail to maintain or cause to be maintained insurance as herein provided, the Administrative Agent may, at its sole option, provide such insurance and, in such event, the Borrower shall, upon demand, reimburse the Administrative Agent for the cost thereof.
Appears in 1 contract
Sources: Mortgage and Security Agreement (Frontier Airlines Inc /Co/)
Reports, Etc. The Borrower Grantor will furnish, or cause to be furnished, to the Administrative Agent Security Trustee on or before the Delivery Applicable Date with respect to each Engine and annually on or before the renewal dates of the Borrower's Grantor’s relevant insurance policies, a report, signed by a recognized independent firm of insurance brokersbrokers selected by the Grantor, which brokers may be regularly retained by the Borrower Grantor (the "“Insurance Brokers"Broker”), describing in reasonable detail the commercial hull and liability insurance then carried and maintained with respect to the Aircraft applicable Engines and stating the opinion of such firm that, to the best of its knowledge, such commercial insurance complies with the terms of Article VI. Such information shall remain confidential as provided in Section 21 of this Annex A. To the Credit Agreement. The Borrower extent such agreement is reasonably obtainable, the Grantor will cause the such Insurance Brokers Broker to agree to advise the Administrative Agent Security Trustee in writing (a) of any default in the payment of premium and of any other act or omission on the part of the Borrower Grantor of which it has actual knowledge and which will invalidate or render unenforceable, in whole or in part, any commercial insurance as required by the terms hereof, (b) hereof and to advise Security Trustee at least thirty (30) days (seven (7) days in the case of War Risk Insurancewar risk and allied perils insurance and ten (10) days in the case of nonpayment of premium) prior to the cancellation (but not scheduled expiration) cancellation, lapse or material adverse change of any insurance maintained pursuant to this Article VIAnnex A, provided that, in respect of the War Risk Insurance, if the notice period specified set forth above is not reasonably obtainable, the Insurance Brokers Broker shall provide for such shorter or longer period as long a period of prior notice as shall then may be obtainable and (c) if any of in the international insurance required by this Article VI is not renewed on the same terms (save as to premium and period of cover and as the Administrative Agent might otherwise have notified to the Insurance Brokers to be acceptable to the Administrative Agent) seven (7) days prior to expiry thereofmarket. In the event that the Borrower Grantor shall fail to maintain maintain, or cause to be maintained maintained, insurance as herein provided, the Administrative Agent Security Trustee may, at its sole option, provide such insurance and, in such event, the Borrower Grantor shall, upon demand, reimburse the Administrative Agent Security Trustee for the cost thereof.. Annex A-2
Appears in 1 contract
Sources: Mortgage and Security Agreement
Reports, Etc. The Borrower Owner will furnish, or cause to be furnished, to the Administrative Agent Mortgagee on or before the Delivery Closing Date and annually on or before the renewal dates of the Borrower's Owner’s (or the Permitted Lessee’s) relevant insurance policies, a report, signed by a any recognized independent firm of insurance brokersbrokers selected by the Owner, reasonably acceptable to Mortgagee, which brokers may be regularly retained by the Borrower Owner or any Permitted Lessee (the "“Insurance Brokers"Broker”), describing in reasonable detail the commercial hull and liability insurance then carried and maintained with respect to the Aircraft and stating the opinion of such firm that, to the best of its knowledge, such commercial insurance complies with the terms of Article VI. this Annex B. Such information shall remain confidential as provided in Section 21 6 of the Credit Participation Agreement. The Borrower To the extent such agreement is reasonably obtainable, the Owner will cause the such Insurance Brokers Broker to agree to advise the Administrative Agent Mortgagee in writing (a) of any default in the payment of premium and of any other act or omission on the part of the Borrower Owner (or any Permitted Lessee) of which it has actual knowledge and which will invalidate or render unenforceable, in whole or in part, any commercial insurance as required by the terms hereof, (b) hereof and to advise Mortgagee at least thirty (30) days (seven (7) days in the case of War Risk Insurancewar risk and allied perils insurance and ten (10) days in the case of nonpayment of premium) prior to the cancellation (but not scheduled expiration) cancellation, lapse or material adverse change of any insurance maintained pursuant to this Article VIAnnex B, provided that, in respect of the War Risk Insurance, if the notice period specified set forth above is not reasonably obtainable, the Insurance Brokers Broker shall provide for such shorter or longer period as long a period of prior notice as shall then may be obtainable and (c) if any of in the international insurance required by this Article VI is not renewed on the same terms (save as to premium and period of cover and as the Administrative Agent might otherwise have notified to the Insurance Brokers to be acceptable to the Administrative Agent) seven (7) days prior to expiry thereofmarket. In the event that the Borrower Owner shall fail to maintain or cause to be maintained insurance as herein provided, the Administrative Agent Mortgagee may, at its sole option, provide such insurance and, in such event, the Borrower Owner shall, upon demand, reimburse the Administrative Agent Mortgagee for the cost thereof.
Appears in 1 contract
Sources: Trust Indenture and Mortgage (Jetblue Airways Corp)
Reports, Etc. The Borrower Grantor will furnish, or cause to be furnished, to the Administrative Agent Security Trustee on or before the Delivery Applicable Date with respect to each Engine and annually on or before the renewal dates of the Borrower's Grantor’s relevant insurance policies, a report, signed by a recognized independent firm of insurance brokersbrokers selected by the Grantor, which brokers may be regularly retained by the Borrower Grantor (the "“Insurance Brokers"Broker”), describing in reasonable detail the commercial hull and liability insurance then carried and maintained with respect to the Aircraft applicable Engines and stating the opinion of such firm that, to the best of its knowledge, such commercial insurance complies with the terms of Article VI. Such information shall remain confidential as provided in Section 21 of this Annex A. To the Credit Agreement. The Borrower extent such agreement is reasonably obtainable, the Grantor will cause the such Insurance Brokers Broker to agree to advise the Administrative Agent Security Trustee in writing (a) of any default in the payment of premium and of any other act or omission on the part of the Borrower Grantor of which it has actual knowledge and which will invalidate or render unenforceable, in whole or in part, any commercial insurance as required by the terms hereof, (b) hereof and to advise Security Trustee at least thirty (30) days (seven (7) days in the case of War Risk Insurancewar risk and allied perils insurance and ten (10) days in the case of nonpayment of premium) prior to the cancellation (but not scheduled expiration) cancellation, lapse or material adverse change of any insurance maintained pursuant to this Article VIAnnex A, provided that, in respect of the War Risk Insurance, if the notice period specified set forth above is not reasonably obtainable, the Insurance Brokers Broker shall provide for such shorter or longer period as long a period of prior notice as shall then may be obtainable and (c) if any of in the international insurance required by this Article VI is not renewed on the same terms (save as to premium and period of cover and as the Administrative Agent might otherwise have notified to the Insurance Brokers to be acceptable to the Administrative Agent) seven (7) days prior to expiry thereofmarket. In the event that the Borrower Grantor shall fail to maintain maintain, or cause to be maintained maintained, insurance as herein provided, the Administrative Agent Security Trustee may, at its sole option, provide such insurance and, in such event, the Borrower Grantor shall, upon demand, reimburse the Administrative Agent Security Trustee for the cost thereof.
Appears in 1 contract
Sources: Mortgage and Security Agreement (Mesa Air Group Inc)
Reports, Etc. The Borrower will furnish, or cause to be furnished, to the Collateral Agent and the Administrative ------------- Agent on or before the each Delivery Date and annually on or before the renewal dates of the Borrower's relevant insurance policies, a report, signed by a recognized independent firm of insurance brokers, which brokers may be regularly retained by the Borrower (the "Insurance Brokers"), describing in reasonable detail the hull and liability insurance then carried and maintained with respect to the ------------------ each Aircraft and stating the opinion of such firm that, to the best of its knowledge, such insurance complies with the terms of Article VI. Such information shall remain confidential as provided in Section 21 of the Credit Agreement. The Borrower will cause the Insurance Brokers to agree to advise the Collateral Agent and the Administrative Agent in writing (a) of any default in the payment of premium and of any other act or omission on the part of the Borrower of which it has actual knowledge and which will invalidate or render unenforceable, in whole or in part, any insurance as required by the terms hereof, (b) at least thirty (30) days (seven (7) days in the case of War Risk Insurance) prior to the cancellation (but not scheduled expiration) or material adverse change of any insurance maintained pursuant to this Article VI, provided that, in respect of the War Risk Insurance, if the notice period specified above is not obtainable, the Insurance Brokers shall provide for as long a period of prior notice as shall then be obtainable and (c) if any of the insurance required by this Article VI is are not renewed on the same terms (save as to premium and period of cover and as the Administrative Agent might otherwise have notified to the Insurance Brokers to be acceptable to the Administrative Agent and Collateral Agent) seven (7) days prior to expiry thereof. In the event that the Borrower shall fail to maintain or cause to be maintained insurance as herein provided, the Administrative Agent may, at its sole option, provide such insurance and, in such event, the Borrower shall, upon demand, reimburse the Administrative Agent for the cost thereof.
Appears in 1 contract
Sources: Mortgage and Security Agreement (Frontier Airlines Inc /Co/)
Reports, Etc. The Borrower Owner will furnish, or cause to be furnished, to the Administrative Agent Mortgagee on or before the Delivery Closing Date and annually on or before the renewal dates of the Borrower's Owner’s (or the Permitted Lessee’s) relevant insurance policies, a report, signed by a any recognized independent firm of insurance brokersbrokers selected by the Owner, reasonably acceptable to Mortgagee, which brokers may be regularly retained by the Borrower Owner or any Permitted Lessee (the "“Insurance Brokers"Broker”), describing in reasonable detail the commercial hull and liability insurance then carried and maintained with respect to the Aircraft and stating the opinion of such firm that, to the best of its knowledge, such commercial insurance complies with the terms of Article VI. this Annex B. Such information shall remain confidential as provided in Section 21 6 of the Credit Participation Agreement. The Borrower Owner will cause the such Insurance Brokers Broker to agree to advise the Administrative Agent Mortgagee in writing (a) of any default in the payment of premium and of any other act or omission on the part of the Borrower Owner (or any Permitted Lessee) of which it has actual knowledge and which will invalidate or render unenforceable, in whole or in part, any commercial insurance as required by the terms hereof, (b) hereof and to advise Mortgagee at least thirty (30) days (seven (7) days in the case of War Risk Insurancewar risk and allied perils insurance and ten (10) days in the case of nonpayment of premium) prior to the cancellation (but not scheduled expiration) cancellation, lapse or material adverse change of any insurance maintained pursuant to this Article VIAnnex B, provided that, in respect of the War Risk Insurance, if the notice period specified set forth above is not reasonably obtainable, the Insurance Brokers Broker shall provide for such shorter or longer period as long a period of prior notice as shall then may be obtainable and (c) if any of in the international insurance required by this Article VI is not renewed on the same terms (save as to premium and period of cover and as the Administrative Agent might otherwise have notified to the Insurance Brokers to be acceptable to the Administrative Agent) seven (7) days prior to expiry thereofmarket. In the event that the Borrower Owner shall fail to maintain or cause to be maintained insurance as herein provided, the Administrative Agent Mortgagee may, at its sole option, provide such insurance and, in such event, the Borrower Owner shall, upon demand, reimburse the Administrative Agent Mortgagee for the cost thereof.
Appears in 1 contract
Sources: Trust Indenture and Mortgage (Jetblue Airways Corp)