Common use of Operation and Use Clause in Contracts

Operation and Use. So long as any Aircraft, any Airframe, any Engine or any Spare Engine is subject to the Lien of this C Mortgage, the Company shall not (or permit any Permitted Lessee to) operate, use or locate any Aircraft, any Airframe, any Engine or any Spare Engine, or allow any Aircraft, any Airframe, any Engine or any Spare Engine to be operated, used or located, (i) in any area excluded from coverage by any insurance required by the terms of Section 3.06, except in the case of a requisition by the U.S. Government where the Company obtains indemnity in lieu of such insurance from the U.S. Government or insurance from the U.S. Government against substantially the same risks and for at least the amounts of the insurance required by Section 3.06 covering such area, or (ii) in any recognized area of hostilities unless covered in accordance with Section 3.06 by war risk insurance, or in either case unless such Aircraft, Airframe, Engine or Spare Engine is only temporarily operated, used or located in such area as a result of an emergency, equipment malfunction, navigational error, hijacking, weather condition or other similar unforeseen circumstance, so long as the Company diligently and in good faith proceeds to remove such Aircraft, Airframe, Engine or Spare Engine from such area. The Company shall also have the right to operate any Aircraft without having on board the original registration certificate or airworthiness certificate in the event that either or both such certificates disappear from such Aircraft, but only to the extent permitted by Exemption No. 5318 of the FAA Regulations or other similar exemption. So long as any Aircraft, any Airframe, any Engine or any Spare Engine is subject to the Lien of this C Mortgage, the Company shall not permit such Aircraft, Airframe, Engine or Spare Engine, as the case may be, to be used, operated, maintained, serviced, repaired or overhauled (x) in violation of any Law of any Government Entity having jurisdiction that is binding on or applicable to such Aircraft, Airframe, Engine or Spare Engine or (y) in violation of any airworthiness certificate, license or registration of any such Government Entity relating to such Aircraft, Airframe, Engine or Spare Engine, except (i) immaterial or non-recurring violations with respect to which corrective measures are taken promptly by the Company or Permitted Lessee, as the case may be, upon discovery thereof, (ii) to the extent the validity or application of any such Law or requirement relating to any such certificate, license or registration is being contested in good faith by the [C Mortgage and Security Agreement] Company or Permitted Lessee in any reasonable manner which does not materially adversely affect the Lien of this C Mortgage and does not involve any material risk of sale, forfeiture or loss of such Aircraft, Airframe, Engine or Spare Engine, or (iii) that the Company shall not be in default under, or required to take any action set forth in this sentence if it is not possible for the Company to comply with the laws of a jurisdiction other than the United States (or other jurisdiction in which such Aircraft is registered) because of a conflict with the applicable laws of the United States (or such other jurisdiction where such Aircraft is registered).

Operation and Use. So long as any the Aircraft, any Airframe, any Engine Airframe or any Spare Engine is subject to the Lien of this C MortgageTrust Indenture, the Company Owner shall not (or permit any Permitted Lessee to) operate, use or locate any the Aircraft, any Airframe, any Engine Airframe or any Spare Engine, or allow any the Aircraft, any Airframe, any Engine Airframe or any Spare Engine to be operated, used or located, (i) in any area excluded from coverage by any insurance required by the terms of Section 3.064.06, except in the case of a requisition by the U.S. Government where the Company Owner obtains indemnity in lieu of such insurance from the U.S. Government Government, or insurance from the U.S. Government against substantially the same risks and for at least the amounts of the insurance required by Section 3.06 covering such areaarea in accordance with Section 4.06(c), or (ii) in any recognized area of hostilities unless covered in accordance with Annex B by War Risk Insurance as required by the terms of Section 3.06 by war risk insurance4.06 (including, or without limitation, Section 4.06(c)), unless in either any case unless such referred to in this Section 4.02(c) the Aircraft, Airframe, Engine the Airframe or Spare any Engine is only temporarily operated, used or located in such area as a result of an emergency, equipment malfunction, navigational error, hijacking, weather condition or other similar unforeseen circumstance, so long as the Company Owner diligently and in good faith proceeds to remove such Aircraft, Airframe, Engine or Spare Engine the Aircraft from such area. The Company shall also have the right to operate any Aircraft without having on board the original registration certificate or airworthiness certificate in the event that either or both such certificates disappear from such Aircraft, but only to the extent permitted by Exemption No. 5318 of the FAA Regulations or other similar exemption. So long as any the Aircraft, any Airframe, any Engine the Airframe or any Spare Engine is subject to the Lien of this C MortgageTrust Indenture, the Company Owner shall not permit such Aircraft, Airframe, Engine Airframe or Spare any Engine, as the case may be, to be used, operated, maintained, serviced, repaired or overhauled (x) in violation of any Law of any Government Entity having jurisdiction that is binding on or applicable to such Aircraft, Airframe, Engine Airframe or Spare Engine or (y) in violation of any airworthiness certificate, license or registration of any such Government Entity relating to such the Aircraft, Airframe, Engine the Airframe or Spare any Engine, except (i) immaterial or non-recurring violations with respect to which corrective measures are taken promptly by the Company Owner or Permitted Lessee, as the case may be, upon discovery thereof, or (ii) to the extent the validity or application of any such Law or requirement relating to any such certificate, license or registration is being contested in good faith by the [C Mortgage and Security Agreement] Company Owner or Permitted Lessee in any reasonable manner which does not materially adversely affect the Lien of this C Mortgage and does not involve any material risk of the sale, forfeiture or loss of such the Aircraft, Airframe, Airframe or any Engine or Spare materially and adversely affect the interest of any Note Holder therein, any material risk of criminal liability against Mortgagee or impair the Mortgagee's security interest in the Aircraft, Airframe or any Engine, or (iii) that the Company shall not be in default under, or required to take any action set forth in this sentence if it is not possible for the Company to comply with the laws of a jurisdiction other than the United States (or other jurisdiction in which such Aircraft is registered) because of a conflict with the applicable laws of the United States (or such other jurisdiction where such Aircraft is registered).

Operation and Use. So long as any the Aircraft, any Airframe, any Engine Airframe or any Spare Engine is subject to the Lien of this C MortgageTrust Indenture, the Company Owner shall not (or permit any Permitted Lessee to) operate, use or locate any the Aircraft, any Airframe, any Engine Airframe or any Spare Engine, or allow any the Aircraft, any Airframe, any Engine Airframe or any Spare Engine to be operated, used or located, (i) in any area excluded from coverage by any insurance required by the terms of Section 3.064.06, except in the [Trust Indenture and Mortgage (NXXXUA)] case of a requisition by the U.S. Government where the Company Owner obtains indemnity in lieu of such insurance from the U.S. Government or insurance from the U.S. Government against substantially the same risks and for at least the amounts of the insurance required by Section 3.06 4.06 covering such area, or (ii) in any recognized area of hostilities unless covered in accordance with Section 3.06 4.06 by war risk insurance, or in either case unless such the Aircraft, Airframe, Engine the Airframe or Spare any Engine is only temporarily operated, used or located in such area as a result of an emergency, equipment malfunction, navigational error, hijacking, weather condition or other similar unforeseen circumstance, so long as the Company Owner diligently and in good faith proceeds to remove such Aircraft, Airframe, Engine or Spare Engine the Aircraft from such area. The Company Owner shall also have the right to operate any the Aircraft without having on board the original registration certificate or airworthiness certificate in the event that either or both such certificates disappear from such the Aircraft, but only to the extent permitted by Exemption No. 5318 of the FAA Regulations or other similar exemption. So long as any the Aircraft, any Airframe, any Engine the Airframe or any Spare Engine is subject to the Lien of this C MortgageTrust Indenture, the Company Owner shall not permit such Aircraft, Airframe, Engine Airframe or Spare any Engine, as the case may be, to be used, operated, maintained, serviced, repaired or overhauled (x) in violation of any Law of any Government Entity having jurisdiction that is binding on or applicable to such Aircraft, Airframe, Engine Airframe or Spare Engine or (y) in violation of any airworthiness certificate, license or registration of any such Government Entity relating to such the Aircraft, Airframe, Engine the Airframe or Spare any Engine, except (i) immaterial or non-recurring violations with respect to which corrective measures are taken promptly by the Company Owner or Permitted Lessee, as the case may be, upon discovery thereof, (ii) to the extent the validity or application of any such Law or requirement relating to any such certificate, license or registration is being contested in good faith by the [C Mortgage and Security Agreement] Company Owner or Permitted Lessee in any reasonable manner which does not materially adversely affect the Lien of this C Mortgage Trust Indenture and does not involve any material risk of sale, forfeiture or loss of such the Aircraft, Airframe, Engine or Spare Engine, or (iii) that the Company Owner shall not be in default under, or required to take any action set forth in this sentence if it is not possible for the Company Owner to comply with the laws of a jurisdiction other than the United States (or other jurisdiction in which such the Aircraft is registered) because of a conflict with the applicable laws of the United States (or such other jurisdiction where such the Aircraft is registered).