Change in Industry Practice Clause Samples
The Change in Industry Practice clause allows for adjustments to the terms of an agreement if there are significant shifts in the standard practices or norms within the relevant industry. Typically, this clause enables either party to request modifications to procedures, deliverables, or compliance requirements to align with new industry standards or regulatory expectations. Its core function is to ensure that the contract remains relevant and enforceable even as industry practices evolve, thereby reducing the risk of non-compliance or operational inefficiency due to outdated terms.
Change in Industry Practice. In the event that there is a material change in the generally accepted industry-wide practice with regard to the insurance of aircraft (whether relating to all or any of the types of Insurances required to be effected under the foregoing provisions of this Section 10) such that the Insurances required pursuant to the provisions of this Section 10 are insufficient to protect the interests of the Lessor or any of the other Additional Insureds hereunder in accordance with such generally accepted industry practice, the insurance requirements set forth in this Section 10 shall be varied at the request of the Lessor so as to include such additional or varied requirements as may be reasonably necessary to ensure that the Insurances and Reinsurances as so varied shall provide comparable protection to that of the generally accepted industry-wide practice.
Change in Industry Practice. In the event that there is a material change in the generally accepted industry-wide practice with regard to the insurance of aircraft (whether relating to all or any of the types of Insurance required to be effected under the foregoing provisions of this undertaking) such that the Insurance required pursuant to the provisions of this undertaking is insufficient to protect the interests of Lessor and the other Additional Insureds hereunder, the Insurance requirements set forth in this undertaking shall, following consultation between the Lessee and the Security Trustee, be varied so as to include such additional or varied requirements as may be reasonably necessary to ensure that the Insurances as so varied shall provide comparable protection to that which it would have provided if such change in the generally accepted industry-wide practice had not occurred. SCHEDULE 6 FILING DETAILS Type of Organization (corporation, limited Jurisdiction Organizational ID Current Legal liability company, of Number (if Current Mailing Name (no trade names) etc.) Organization applicable) Address --------------------------------- -------------------- ------------- ----------------- ---------------------- USEB Aircraft Limited Company Cayman N/A See Section 33 of the Islands Participation Agreement ▇▇▇▇▇ Leasing Limited Company Cayman N/A See Section 33 of the Islands Participation Agreement ▇▇▇▇▇▇▇ Leasing Corporation Corporation Delaware N/A See Section 33 of the Participation Agreement ▇▇▇▇▇▇▇ Leasing Limited Company Cayman N/A See Section 33 of the Islands Participation Agreement ▇▇▇▇▇▇▇ Leasing (Cyprus) Limited Company Cyprus N/A See Section 33 of the Participation Agreement ▇▇▇▇▇▇▇ Leasing (Ireland) Limited Company Ireland N/A See Section 33 of the Participation Agreement EXHIBIT A EX-IM BANK GUARANTEE NO. AP077971XX - United States - GATX UTILIZATION PROCEDURES FOR CREDITS GUARANTEED BY EX-IM BANK In order to utilize the Ex-Im Bank Guarantee as provided in the Participation Agreement among Lessee, Lessor, Lessor Parent, the Initial Lender, the Facility Agent, the Security Trustee and Ex-Im Bank, Lessor must make a request for utilization in respect of the Loan in an amount not to exceed the sum of (i) 100% of the U.S.. content of the relevant Aircraft and (ii) 100% of the Ex-Im Bank Exposure Fee. Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to such terms in the Participation Agreement, unless the context clearly sugge...
Change in Industry Practice. In the event that there is a material change in generally accepted industry-wide practice with regard to the insurance of Railcars (whether relating to any or all of the types of insurance required to be effected under the foregoing provisions of this Section 11.14) such that the insurance required pursuant to the provisions of this Section 11.14 is insufficient to protect the interests of the Indenture Trustee, the Class A Note Insurer or any Holder hereunder, then, unless such an action would be contrary to the provisions of any Lease to which the relevant Railcars may then be subject, the insurance requirements set forth in this Section 11.14 shall be varied so as to include such additional or varied requirements as may be reasonably necessary to ensure that the insurance as so varied shall provide comparable protection to that which would have been provided if such change in generally accepted industry-wide practice had not occurred.
Change in Industry Practice. In the event that there is a material change in the generally accepted industry-wide practice with regard to the insurance of aircraft (whether relating to all or any of the types of Insurances required to be effected under the foregoing provisions of this Section 10) such that the Insurances required pursuant to the provisions of this Section 10 are insufficient to protect the interests of the Lessor, the Loan Trustee or any of the other Additional Insureds hereunder in accordance with such generally accepted industry practice, the insurance requirements set forth in this Section 10 shall be varied at the request of the Loan Trustee so as to include such additional or varied requirements as may be reasonably necessary to ensure that the Insurances and Reinsurances as so varied shall provide comparable protection to that of the generally accepted industry-wide practice.
Change in Industry Practice. (a) If there is a material change in the generally accepted industry-wide practice with regard to the insurance of aircraft or any material change with respect to the insurance of aircraft based or operated in any jurisdiction in which the Aircraft may then be based or operated (whether relating to all or any of the types of Insurances required to be effected hereby) such that GFC or the Security Trustee, having regard to the advice of its insurance adviser, shall be of the reasonable opinion that the Insurances required to be effected hereby are insufficient to protect the respective interests of the Lessee in the Additional Assureds (bearing in mind the nature and route of operation of the Aircraft), these insurance requirements shall, following consultation with the Lessee, be amended, as soon as practicable following notice by GFC or the Security Trustee to the Lessee, so as to include such additional or varied requirements as may be reasonably necessary to ensure that the insurance as so varied shall provide comparable protection to the Lessee in the Additional Assureds to that which it would have done if such change had not occurred.
(b) If, at any time, the Insurances required under Part 4 of Schedule 6 paragraph A in relation to War and Allied Risks cease, or will cease, to be available in the worldwide aviation insurance market on a per occurrence basis, then (without in any way limiting, reducing or otherwise qualifying any of the Lessee's obligations under the Lease Agreement in relation to such Insurances and/or the rights of the lessor in relation thereto under the Lease Agreement) if there occurs any event that gives rise to a claim under such Insurances in relation to the Aircraft or any other aircraft operated by the Lessee, the Lessee shall either (a) immediately cause to be reinstated the coverage in relation to such Insurances that was in place immediately prior to the occurrence of such event or (b) immediately ground the Aircraft and ensure that the Aircraft is covered by such ground risk coverage as is customary in accordance with normal industry practice in an amount at least equal to that required under Part 4 of Schedule 6 paragraph A.
(c) If, at any time, any of the Insurances required to be effected hereby cease, or will cease, to be available on reasonable commercial terms in the worldwide aviation insurance market, GFC, the Security Trustee and the Lessee agree (without in any way limiting, reducing or otherwise qualifying any ...
Change in Industry Practice. In the event that there is a material change in the generally accepted industry-wide practice with regard to the insurance of aircraft (whether relating to all or any of the types of Insurances and Reinsurances required to be effected under the foregoing provisions of this Section 10) such that the Insurances and/or Reinsurances required pursuant to the provisions of this Section 10 are insufficient to protect the interests of Lessee, Head Lessor, Ex-Im Bank, the Security Trustee or any of the other Additional Insureds hereunder, the insurance requirements set forth in this Section 10 shall be varied at the request of Lessee and necessary to ensure that the Insurances and Reinsurances as so varied shall provide comparable protection to that which it would have provided if such change in the generally accepted industry-wide practice had not occurred. For avoidance of doubt, such variation shall not include an increase in the Threshold Value.
