Common use of Certain Limitations on Use Clause in Contracts

Certain Limitations on Use. Lessee shall use the Aircraft, Airframe or Engines only in commercial passenger operations and related cargo operations. Unless Owner Participant otherwise agrees, during the Restricted Use Period, Lessee shall not use the Aircraft, Airframe or Engines or permit the Aircraft, Airframe or Engines to be used either "predominantly outside the United States" within the meaning of Section 48(a)(2) of the Code, or in such manner that the percentage of the income, deduction or credit attributable to the Aircraft, Airframe or Engines for federal income tax purposes during any taxable year of the Lessor considered to be from foreign sources exceeds the Maximum Foreign Use Percentage. Unless the Owner Participant otherwise agrees, prior to permitting the Aircraft to be operated in any member state of the European Community or other European country, Lessee shall deliver to Lessor (i) a representation and warranty to the effect that Lessee (or any Permitted Sublessee) has no knowledge of any dispute with Eurocontrol or other relevant air traffic control authority over delinquent charges payable by it and (ii) a letter from Lessee (or any Permitted Sublessee) addressed to Eurocontrol or other relevant air traffic control authority pursuant to which Lessee (or such Permitted Sublessee) authorizes the addressee to issue to Lessor, upon Lessor's request from time to time, a statement of account of all sums due by Lessee (or such Permitted Sublessee) to the authority in respect of all aircraft (including, without limitation,the Aircraft) operated by Lessee (or such Permitted Sublessee).

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

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Certain Limitations on Use. Lessee shall use the Aircraft, Airframe or Engines only in commercial passenger operations and related cargo operations. Unless Owner Participant otherwise agrees, during the Restricted Use Period, Lessee shall not use the Aircraft, Airframe or Engines or permit the Aircraft, Airframe or Engines to be used either "predominantly outside the United States" within the meaning of Section 48(a)(2) of the Code, or in such manner that the percentage of the income, deduction or credit attributable to the Aircraft, Airframe or Engines for federal income tax purposes during any taxable year of the Lessor considered to be from foreign sources exceeds the Maximum Foreign Use Percentage. Unless the Owner Participant otherwise agrees, prior to permitting the Aircraft to be operated in any member state of the European Community or other European country, Lessee shall deliver to Lessor (i) a representation and warranty to the effect that Lessee (or any Permitted Sublessee) has no knowledge of any dispute with Eurocontrol or other relevant air traffic control authority over delinquent charges payable by it and (ii) a letter from Lessee (or any Permitted Sublessee) addressed to Eurocontrol or other relevant air traffic control authority pursuant to which Lessee (or such Permitted Sublessee) authorizes the addressee to issue to Lessor, upon Lessor's request from time to time, a statement of account of all sums due by Lessee (or such Permitted Sublessee) to the authority in respect of all aircraft (including, without limitation,the Aircraft) operated by Lessee (or such Permitted Sublessee).

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

Certain Limitations on Use. Lessee shall use the Aircraft, Airframe or Engines only in commercial passenger operations and related cargo operations. Unless Owner Participant otherwise agrees, during the Restricted Use Period, Lessee shall not use the Aircraft, Airframe or Engines or permit the Aircraft, Airframe or Engines to be used either "predominantly outside the United States" within the meaning of Section 48(a)(2) of the Code, or in such manner that the percentage of the income, deduction or credit attributable to the Aircraft, Airframe or Engines for federal income tax purposes during any taxable year of the Lessor considered to be from foreign sources exceeds the Maximum Foreign Use Percentage. In addition, until the expiration of the Term or termination of the Foreign Lease Agreement, Lessee will not locate, use or permit the use of the Aircraft in, to or from Japan. Unless the Owner Participant otherwise agrees, prior to permitting the Aircraft to be operated in any member state of the European Community or other European country, Lessee shall deliver to Lessor (i) a representation and warranty to the effect that Lessee (or any Permitted Sublessee) has no knowledge of any dispute with Eurocontrol or other relevant air traffic control authority over delinquent charges payable by it and (ii) a letter from Lessee (or any Permitted Sublessee) addressed to Eurocontrol or other relevant air traffic control authority pursuant to which Lessee (or such Permitted Sublessee) authorizes the addressee to issue to Lessor, upon Lessor's request from time to time, a statement of account of all sums due by Lessee (or such Permitted Sublessee) to the authority in respect of all aircraft (including, without limitation,the Aircraft) operated by Lessee (or such Permitted Sublessee).to

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

Certain Limitations on Use. Lessee shall use the Aircraft, Airframe or Engines only in commercial passenger operations and related cargo operations. Unless Owner Participant otherwise agrees, during the Restricted - 43 - 45 Use Period, Lessee shall not use the Aircraft, Airframe or Engines or permit the Aircraft, Airframe or Engines to be used either "predominantly outside the United States" within the meaning of Section 48(a)(2) of the Code, or in such manner that the percentage of the income, deduction or credit attributable to the Aircraft, Airframe or Engines for federal income tax purposes during any taxable year of the Lessor considered to be from foreign sources exceeds the Maximum Foreign Use Percentage. Unless the Owner Participant otherwise agrees, prior to permitting the Aircraft to be operated in any member state of the European Community Union or other European country, Lessee shall deliver to Lessor (i) a representation and warranty to the effect that Lessee (or any Permitted Sublessee) has no knowledge of any dispute with Eurocontrol or other relevant air traffic control authority over delinquent charges payable by it and (ii) a letter from Lessee (or any Permitted Sublessee) addressed to Eurocontrol or other relevant air traffic control authority pursuant to which Lessee (or such Permitted Sublessee) authorizes the addressee to issue to Lessor, upon Lessor's request from time to time, a statement of account of all sums due by Lessee (or such Permitted Sublessee) to the authority in respect of all aircraft (including, without limitation,the Aircraft) operated by Lessee (or such Permitted Sublessee).

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

Certain Limitations on Use. Lessee shall use the Aircraft, Airframe or Engines only in commercial passenger operations and related cargo operations. Unless Owner Participant otherwise agrees, during the Restricted Use Period, Lessee shall not use the Aircraft, Airframe or Engines or permit the Aircraft, Airframe or Engines to be used either "predominantly outside the United States" within the meaning of Section 48(a)(2) of the Code, or in such manner that the percentage of the income, deduction or credit attributable to the Aircraft, Airframe or Engines for federal income tax purposes during any taxable year of the Lessor considered to be from foreign sources exceeds the Maximum Foreign Use Percentage. Unless the Owner Participant otherwise agrees, prior to permitting the Aircraft to be operated in any member state of the European Community Union or other European country, Lessee shall deliver to Lessor (i) a representation and warranty to the effect that Lessee (or any Permitted Sublessee) has no knowledge of any dispute with Eurocontrol or other relevant air traffic control authority over delinquent charges payable by it and (ii) a letter from Lessee (or any Permitted Sublessee) addressed to Eurocontrol or other relevant air traffic control authority pursuant to which Lessee (or such Permitted Sublessee) authorizes the addressee to issue to Lessor, upon Lessor's request from time to time, a statement of account of all sums due by Lessee (or such Permitted Sublessee) to the authority in respect of all aircraft (including, without limitation,the Aircraft) operated by Lessee (or such Permitted Sublessee).

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

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Certain Limitations on Use. Lessee shall use the Aircraft, Airframe or Engines only in commercial passenger operations and related cargo operations. Unless Owner Participant otherwise agrees, during the Restricted Use Period, Lessee shall not use the Aircraft, Airframe or Engines or permit the Aircraft, Airframe or Engines to be used either "predominantly outside the United States" within the meaning of Section 48(a)(2) of the Code. In addition, until the expiration of the Term or termination of the Foreign Lease Agreement, Lessee will not locate or use or permit the location or use of the Aircraft in, to or from Hong Kong or the People's Republic of China or in such manner that the percentage of the income, deduction or credit attributable to the Aircraft, Airframe or Engines for federal income tax purposes during any taxable year of the Lessor considered to be from foreign sources exceeds the Maximum Foreign Use Percentage. Unless the Owner Participant otherwise agrees, prior to permitting the Aircraft to be operated in any member state of the European Community Union or other European country, Lessee shall deliver to Lessor (i) a representation and warranty to the effect that Lessee (or any Permitted Sublessee) has no knowledge of any dispute with Eurocontrol or other relevant air traffic control authority over delinquent charges payable by it and (ii) a letter from Lessee (or any Permitted Sublessee) addressed to Eurocontrol or other relevant air traffic control authority pursuant to which Lessee (or such Permitted Sublessee) authorizes the addressee to issue to Lessor, upon Lessor's request from time to time, a statement of account of all sums due by Lessee (or such Permitted Sublessee) to the authority in respect of all aircraft (including, without limitation,the Aircraft) operated by Lessee (or such Permitted Sublessee).

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

Certain Limitations on Use. Lessee shall use the Aircraft, Airframe or Engines only in commercial passenger operations and related cargo operations. Unless Owner Participant otherwise agrees, during the Restricted Use Period, Lessee shall not use the Aircraft, Airframe or Engines or permit the Aircraft, Airframe or Engines to be used either "predominantly outside the United States" within the meaning of Section 48(a)(2) of the Code, or in such manner that the percentage of the income, deduction or credit attributable to the Aircraft, Airframe or Engines for federal income tax purposes during any taxable year of the Lessor considered to be from foreign sources exceeds the Maximum Foreign Use Percentage. Unless the Owner Participant otherwise agrees, prior to permitting the Aircraft to be operated in any member state of the European Community Union or other European country, Lessee shall deliver to Lessor (i) a representation and warranty to the effect that Lessee (or any Permitted Sublessee) has no knowledge of any dispute with Eurocontrol or other relevant air traffic control authority over delinquent charges payable by it and (ii) a letter from Lessee (or any Permitted Sublessee) addressed to Eurocontrol or other relevant air traffic control authority pursuant to which Lessee (or such Permitted Sublessee) authorizes the addressee to issue to Lessor, upon Lessor's request from time to time, a statement of account of all sums due by Lessee (or such Permitted Sublessee) to the authority in respect of all aircraft (including, without limitation,the Aircraft) operated by Lessee (or such Permitted Sublessee).to

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

Certain Limitations on Use. Lessee shall use the Aircraft, Airframe or Engines only in commercial passenger operations and related cargo operations. Unless Owner Participant otherwise agrees, during the Restricted Use Period, Lessee shall not use the Aircraft, Airframe or Engines or permit the Aircraft, Airframe or Engines to be used either "predominantly outside the United States" within the meaning of Section 48(a)(2) of the Code, or in such manner that the percentage of the income, deduction or credit attributable to the Aircraft, Airframe or Engines for federal income tax purposes during any taxable year of the Lessor considered to be from foreign sources exceeds the Maximum Foreign Use Percentage. In addition, until the expiration of the Term or termination of the Foreign Lease Agreement, Lessee will not locate, use or permit the use of the Aircraft in, to or from Japan. Unless the Owner Participant otherwise agrees, prior to permitting the Aircraft to be operated in any member state of the European Community Union or other European country, Lessee shall deliver to Lessor (i) a representation and warranty to the effect that Lessee (or any Permitted Sublessee) has no knowledge of any dispute with Eurocontrol or other relevant air traffic control authority over delinquent charges payable by it and (ii) a letter from Lessee (or any Permitted Sublessee) addressed to Eurocontrol or other relevant air traffic control authority pursuant to which Lessee (or such Permitted Sublessee) authorizes the addressee to issue to Lessor, upon Lessor's request from time to time, a statement of account of all sums due by Lessee (or such Permitted Sublessee) to the authority in respect of all aircraft (including, without limitation,the Aircraft) operated by Lessee (or such Permitted Sublessee).

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

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