Common use of Aircraft Sale and Delivery Clause in Contracts

Aircraft Sale and Delivery. (i) The Aircraft shall be new “ex factory” in the condition required under the Aircraft Purchase Agreement and Schedule 6 hereof; (ii) Lessor shall have received (x) a certified copy of the full export certificate of airworthiness in relation to the Aircraft issued by the LBA, (y) evidence satisfactory to Lessor that a valid Certificate of Registration for the Aircraft will be issued in the name of the Lessee with the Lessor’s interest noted on the register by the Aviation Authority and confirmation from the Aviation Authority that it will issue a full certificate of airworthiness upon Delivery, together with a true and correct copy of the current valid air operator certificate and airline operation license, or equivalent, of the Lessee, permitting the Lessee to operate aircraft of the same type as the Aircraft, issued by the Aviation Authority and (z) the conditions precedent to the Lessor’s obligation to purchase the Aircraft provided for in the Master Agreement shall have been satisfied; (iii) Airbus shall have transferred good and marketable title to the Aircraft to Lessor free and clear of all Security Interests, except this Agreement, and Lessor shall have accepted the same in accordance with the Aircraft Purchase Agreement Assignment; (iv) receipt by Lessor of originals (or copies of originals are not practically available) of all Operative Documents duly executed by the parties thereto (other than Lessor); (v) receipt by Lessor of originals of the Aircraft Manufacturer delivery documents and receipt by Lessor of the delivery documents under the Master Agreement, including an Xxxx of Sale (duly translated into Spanish, and duly notarized and legalized) from Airbus, buyer furnished equipment listings in respect of the Aircraft and legal opinions; (vi) neither Lessee nor Parent shall have entered into any agreement with the Manufacturer which does, or would, substantially amend, modify, rescind, cancel or terminate the Aircraft Purchase Agreement in respect of the Aircraft without the prior written consent of Lessor; and (vii) the Delivery Date shall be occurring within 60 days of the last day of the Scheduled Delivery Month.

Appears in 4 contracts

Samples: Aircraft Lease Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.), Aircraft Lease Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.), Aircraft Lease Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.)

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Aircraft Sale and Delivery. (i) The Aircraft shall be new “ex factory” in substantially the condition required under the Aircraft Purchase Agreement and Schedule 6 hereof; (ii) Lessor shall have received (x) a certified copy of the full export certificate of airworthiness in relation to the Aircraft issued by the LBA, (y) evidence satisfactory to Lessor that a valid Certificate of Registration for the Aircraft will be issued in the name of the Lessee with the Lessor’s interest noted on the register by the Aviation Authority and confirmation from the Aviation Authority that it will issue a full certificate of airworthiness upon Delivery, together with a true and correct copy of the current valid air operator operator’s certificate and airline operation license, or equivalent, of the Lessee, permitting the Lessee to operate aircraft of the same type as the Aircraft, issued by the Aviation Authority and (z) the conditions precedent to the Lessor’s obligation to purchase the Aircraft provided for in the Master Aircraft Purchase Agreement shall have been satisfied; (iii) Airbus shall have transferred good and marketable title to the Aircraft to Lessor free and clear of all Security Interests, except this Agreement, and Lessor shall have accepted the same in accordance with the Aircraft Purchase Agreement AssignmentAgreement; (iv) receipt by Lessor of originals (or copies of originals are not practically available) of all Operative Documents duly executed by the parties thereto (other than Lessor); and (v) receipt by Lessor of originals of the Aircraft Manufacturer delivery documents and receipt by Lessor of the delivery documents under the Master Agreement, including an Xxxx of Sale (duly translated into Spanish, and duly notarized and legalized) from Airbus, buyer furnished equipment listings in respect of the Aircraft and legal opinions; (vi) neither Lessee nor Parent . All opinions, certificates issued by Lessee, letters and instructions described herein as addressed to Lessor shall have entered into any agreement with the Manufacturer which does, or would, substantially amend, modify, rescind, cancel or terminate the Aircraft Purchase Agreement in respect of the Aircraft without the prior written consent of Lessor; and (vii) the Delivery Date shall also be occurring within 60 days of the last day of the Scheduled Delivery Monthaddressed to Owner Participant.

Appears in 1 contract

Samples: Aircraft Lease Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.)

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Aircraft Sale and Delivery. (i) The Aircraft shall be new “ex factory” in the condition required under the Aircraft Purchase Agreement and Schedule 6 hereof; (ii) Lessor shall have received (x) a certified copy of the full export certificate of airworthiness in relation to the Aircraft issued by the LBA, (y) evidence satisfactory to Lessor that a valid Certificate of Registration for the Aircraft will be issued in the name of the Lessee with the Lessor’s interest noted on the register by the Aviation Authority and confirmation from the Aviation Authority that it will issue a full certificate of airworthiness upon Delivery, together with a true and correct copy of the current valid air operator operator’s certificate and airline operation license, or equivalent, of the Lessee, permitting the Lessee to operate aircraft of the same type as the Aircraft, issued by the Aviation Authority and (z) the conditions precedent to the Lessor’s obligation to purchase the Aircraft provided for in the Master Agreement shall have been satisfied; (iii) Airbus shall have transferred good and marketable title to the Aircraft to Lessor free and clear of all Security Interests, except this Agreement, and Lessor shall have accepted the same in accordance with the Aircraft Purchase Agreement Assignment; (iv) receipt by Lessor of originals (or copies of originals are not practically available) of all Operative Documents duly executed by the parties thereto (other than Lessor); (v) receipt by Lessor of originals of the Aircraft Manufacturer delivery documents and receipt by Lessor of the delivery documents under the Master Agreement, including an Xxxx of Sale (duly translated into Spanish, and duly notarized and legalized) from Airbus, buyer furnished equipment listings in respect of the Aircraft and legal opinions; (vi) neither Lessee nor Parent shall have entered into any agreement with the Manufacturer which does, or would, substantially amend, modify, rescind, cancel or terminate the Aircraft Purchase Agreement in respect of the Aircraft without the prior written consent of Lessor; and (vii) the Delivery Date shall be occurring within 60 days of the last day of the Scheduled Delivery Month. All opinions, certificates issued by Lessee, letters and instructions described herein as addressed to Lessor shall also be addressed to Owner Participant.

Appears in 1 contract

Samples: Aircraft Lease Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.)

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