Common use of Maintenance and Use Clause in Contracts

Maintenance and Use. At its sole expense, Borrower shall (a) repair and maintain the Equipment in good condition and working order and supply and install all replacement parts or other devices when required to so maintain the Equipment or when required by applicable law or regulation, which parts or devices shall automatically become part of the Equipment; (b) use and operate the Equipment in a careful manner in the normal course of its business and only for the purposes for which it was designed in accordance with the manufacturer’s warranty requirements, and comply with all laws and regulations relating to the Equipment, and obtain all permits or licenses necessary to install, use or operate the Equipment; (c) except as provided in clause (d) below, make no alterations, additions, subtractions, upgrades or improvements to the Equipment without Lender’s prior written consent, which consent will not be unreasonably withheld, but any such alterations, additions, upgrades or improvements shall automatically become part of the Equipment; (d) maintain, inspect, service and repair, overhaul and test the Equipment in accordance with the FAA approved maintenance program, manufacturer’s approved maintenance program, FAA airworthiness directives, and the manufacturer’s alert bulletins and urgently recommended service bulletins and procedures, and perform all duties and tasks which would be required to maintain the Equipment, including the engines, in full compliance with the manufacturer’s specification (i) so as to keep the Equipment in as good operating condition as when delivered to the Borrower hereunder, ordinary wear and tear excepted, and (ii) so as to keep the Equipment in such operating condition as may be necessary to enable the airworthiness certification of such Equipment to be maintained in good standing at all times under the Act (as defined in Section 20 hereof); and (e) maintain all records, logs and other materials required by the FAA to be maintained in respect of the Equipment. The Equipment will not be based outside of the United States, provided, however, that the Equipment shall not be outside of the United States for more than ninety (90) days in any calendar year. The Equipment shall not be operated within, over or into any jurisdiction not covered by the insurance policies required herein nor shall the Equipment be operated in any jurisdiction that does not have diplomatic relations with the United States. Lender has the right upon reasonable notice to Borrower to inspect the Equipment wherever located. The Equipment shall be based at the location specified on Schedule A-1. The Equipment may be repositioned by Borrower, from time to time, to other locations within the United States in the normal course of the Borrower’s business. Borrower shall notify Lender in writing of any new location where the Equipment is based within five (5) days of any repositioning of the Equipment.

Appears in 4 contracts

Samples: Loan and Security Agreement (Airnet Systems Inc), And Security Agreement (Airnet Systems Inc), And Security Agreement (Airnet Systems Inc)

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Maintenance and Use. At its sole expense, Borrower shall (a) repair and maintain the Equipment in good condition and working order and supply and install all replacement parts or other devices when required to so maintain the Equipment or when required by applicable law or regulation, which parts or devices shall automatically become part of the Equipment; (b) use and operate the Equipment in a careful manner in the normal course of its business and only for the purposes for which it was designed in accordance with the manufacturer’s warranty requirements, and comply with all laws and regulations relating to the Equipment, and obtain all permits or licenses necessary to install, use or operate the Equipment; (c) except as provided in clause (d) below, make no alterations, additions, subtractions, upgrades or improvements to the Equipment without Lender’s prior written consent, which consent will not be unreasonably withheld, but any such alterations, additions, upgrades or improvements shall automatically become part of the Equipment; (d) maintain, inspect, service and repair, overhaul and test the Equipment in accordance with the FAA approved maintenance program, manufacturer’s approved maintenance program, FAA airworthiness directives, and the manufacturer’s alert bulletins and urgently recommended service bulletins and procedures, and perform all duties and tasks which would be required to maintain the Equipment, including the engines, in full compliance with the manufacturer’s specification (i) so as to keep the Equipment in as good operating condition as when delivered to the Borrower hereunder, ordinary wear and tear excepted, and (ii) so as to keep the Equipment in such operating condition as may be necessary to enable the airworthiness certification of such Equipment to be maintained in good standing at all times under the Act (as defined in Section 20 hereof); and (e) maintain all records, logs and other materials required by the FAA to be maintained in respect of the Equipment. The Equipment will not be based outside of the United States, provided, however, that each aircraft that is the Equipment shall not be used outside of the United States for more than ninety (90) days in any calendar year. Each aircraft that is the Equipment may be used in Canada within the ninety (90) day limit. The Equipment shall not be operated within, over or into any jurisdiction not covered by the insurance policies required herein nor shall the Equipment be operated in any jurisdiction that does not have diplomatic relations with the United States. Lender has the right upon reasonable notice to Borrower to inspect the Equipment wherever located. The Equipment shall be based at the location specified on Schedule A-1. The Equipment may be repositioned by Borrower, from time to time, to other locations within the United States in the normal course of the Borrower’s business. Borrower shall notify Lender in writing of any new location where the Equipment is based within five (5) days of any repositioning of the Equipment.

Appears in 1 contract

Samples: Loan and Security Agreement (Airnet Systems Inc)

Maintenance and Use. At its sole expense, Borrower shall (a) repair and maintain the Equipment in good condition and working order and supply and install all replacement parts or other devices when required to so maintain the Equipment or when required by applicable law or regulation, which parts or devices shall automatically become part of the Equipment; (b) use and operate the Equipment in a careful manner in the normal course of its business and only for the purposes for which it was designed in accordance with the manufacturer’s warranty requirements, and comply with all laws and regulations relating to the Equipment, and obtain all permits or licenses necessary to install, use or operate the Equipment; (c) except as provided in clause (d) below, make no alterations, additions, subtractions, upgrades or improvements to the Equipment without Lender’s prior written consent, which consent will not be unreasonably withheld, but any such alterations, additions, upgrades or improvements shall automatically become part of the Equipment; (d) maintain, inspect, service and repair, overhaul and test the Equipment in accordance with the FAA approved maintenance program, manufacturer’s approved maintenance program, FAA airworthiness directives, and the manufacturer’s alert bulletins and urgently recommended service bulletins and procedures, and perform all duties and tasks which would be required to maintain the Equipment, including the engines, in full compliance with the manufacturer’s specification (i) so as to keep the Equipment in as good operating condition as when delivered to the Borrower hereunder, ordinary wear and tear excepted, and (ii) so as to keep the Equipment in such operating condition as may be necessary to enable the airworthiness certification of such Equipment to be maintained in good standing at all times under the Act (as defined in Section 20 19 hereof); and (e) maintain all records, logs and other materials required by the FAA to be maintained in respect of the Equipment. The Equipment will not be based outside of the United States, Canada, Mexico of the Caribbean, provided, however, that the Equipment shall not be outside of the United States for more than ninety (90) days in any calendar year. The Equipment shall not be operated within, over or into any jurisdiction not covered by the insurance policies required herein nor shall the Equipment be operated in any jurisdiction that does not have diplomatic relations with the United States. Lender has the right upon reasonable notice to Borrower to inspect the Equipment wherever located. The Equipment shall be based at the location specified on Schedule A-1. The Equipment may be repositioned by Borrower, from time to time, to other locations within the United States in the normal course of the Borrower’s business. Borrower shall notify Lender in writing of any new location where the Equipment is based within five (5) days of any repositioning of the Equipment.

Appears in 1 contract

Samples: And Security Agreement (Airnet Systems Inc)

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Maintenance and Use. At its sole expense, Borrower shall (a) repair and maintain the Equipment in good condition and working order and supply and install all replacement parts or other devices when required to so maintain the Equipment or when required by applicable law or regulation, which parts or devices shall automatically become part of the Equipment; (b) use and operate the Equipment in a careful manner in the normal course of its business and only for the purposes for which it was designed in accordance with the manufacturer’s warranty requirements, and comply with all laws and regulations relating to the Equipment, and obtain all permits or licenses necessary to install, use or operate the Equipment; (c) except as provided in clause (d) below, make no alterations, additions, subtractions, upgrades or improvements to the Equipment without Lender’s prior written consent, which consent will not be unreasonably withheld, but any such alterations, additions, upgrades or improvements shall automatically become part of the Equipment; (d) maintain, inspect, service and repair, overhaul and test the Equipment in accordance with the FAA approved maintenance program, manufacturer’s approved maintenance program, FAA airworthiness directives, and the manufacturer’s alert bulletins and urgently recommended service bulletins and procedures, and perform all duties and tasks which would be required to maintain the Equipment, including the engines, in full compliance with the manufacturer’s specification (i) so as to keep the Equipment in as good operating condition as when delivered to the Borrower hereunder, ordinary wear and tear excepted, and (ii) so as to keep the Equipment in such operating condition as may be necessary to enable the airworthiness certification of such Equipment to be maintained in good standing at all times under the Act (as defined in Section 20 hereof); and (e) maintain all records, logs and other materials required by the FAA to be maintained in respect of the Equipment. The Equipment will not be based outside of the United States, provided, however, that the Equipment shall not be outside of the United States for more than ninety (90) days in any calendar year. The Equipment shall not be operated within, over or into any jurisdiction not covered by the insurance policies required herein nor shall the Equipment be operated in any jurisdiction that does not have diplomatic relations with the United States. Lender has the right upon reasonable notice to Borrower to inspect the Equipment wherever located. The Equipment shall be based at the location specified on Schedule A-1. The Equipment may be repositioned by Borrower, from time to time, to other locations within the United States in the normal course of the Borrower’s business. Borrower shall notify Lender in writing of any new location where the Equipment is based within five (5) days of any repositioning of the Equipment.’s

Appears in 1 contract

Samples: Security Agreement (Airnet Systems Inc)

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