Pooling; Etc Clause Samples

Pooling; Etc. (i) LESSEE may subject any Engine or APU to normal interchange agreements customary in the United States domestic commercial airline industry entered into by the LESSEE in the ordinary course of its business, and may subject any Engine to pooling arrangements customary in the United States domestic commercial airline industry and entered into by the LESSEE in the ordinary course of its business. (ii) LESSEE may install an Engine or APU on an airframe owned by the LESSEE provided such airframe is free and clear of all liens and encumbrances, except (a) Liens of the type or equivalent to those set forth in the definition of "Permitted Liens"; and (b) the rights of air carriers under normal interchange arrangements which are customary in the United States domestic commercial airline industry and which do not contemplate, permit or require the transfer of title to the airframe or Engines installed thereon. (iii) LESSEE may install an Engine or APU on an airframe leased to, or purchased by the LESSEE, subject to a lease, conditional sale, trust indenture or other security agreement, but only if (a) such airframe is clear of all liens and encumbrances, except Permitted Liens or Liens of the type or equivalent to those set forth in the definition of "Permitted Liens" and the rights of the parties to the lease, conditional sale, trust indenture or other security agreement covering such airframe; and (b) LESSOR shall have received from the lessor, conditional seller, indenture trustee, or secured party of such airframe, a written agreement (which may be the lease, conditional sale, trust indenture or other security agreement covering such airframe), whereby such lessor, conditional seller, indenture trustee or secured party expressly agrees that neither it nor its successors or assigns will acquire or claim any right, title or interest in any Engine or APU by reason of such Engine or APU being incorporated in such airframe at any time while such Engine or APU is subject to this Lease. (iv) No permitted interchange or pooling agreement, transfer or other relinquishment of possession permitted hereunder shall affect the title to, or registration of or effect any transfer of the Aircraft, Airframe, Engines or APU or shall constitute consent to any action not permitted to the LESSEE in this Lease. (v) LESSOR hereby agrees for the benefit of LESSEE and any lessor, conditional vendor or secured party of any engine leased to LESSEE, purchased by LESSEE pursuant to a condi...
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Pooling; Etc. LESSEE may subject any Engine or APU to normal interchange agreements customary in the United States domestic commercial airline industry entered into by the LESSEE in the ordinary course of its business, and may subject any Engine to pooling arrangements customary in the United States domestic commercial airline industry and entered into by the LESSEE in the ordinary course of its business.
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Related to Pooling; Etc

  • Pooling Matters Neither Parent nor any of its affiliates has, to Parent's knowledge and based upon consultation with its independent accountants, taken or agreed to take any action that could affect the ability of Parent to account for the business combination to be effected by the Merger as a pooling of interests. The failure of this representation to be true and correct, shall, if the Merger is not able to be accounted for as a pooling of interests, constitute a breach of the Agreement by Parent for the purposes of Section 7.1(f).

  • Pooling Accounting Notwithstanding anything to the contrary herein, if, but for any provision of this Agreement, a Change in Control transaction would otherwise be accounted for as a pooling-of-interests under APB No.16 ("Pooling Accounting") (after giving effect to ▇▇▇ ▇▇▇ ▇ll other facts and circumstances affecting whether such Change in Control transaction would use Pooling Accounting), such provision or provisions of this Agreement which would otherwise cause the Change in Control transaction to be ineligible for Pooling Accounting shall be void and ineffective in such a manner and to the extent that by eliminating such provision or provisions of this Agreement, Pooling Accounting would be required for such Change in Control transaction.

  • Pooling and Servicing Agreement The Pooling and Servicing Agreement, dated as of June 1, 2003, among Bear ▇▇▇▇▇▇▇ Asset Backed Securities Inc., as depositor, EMC Mortgage Corporation, as seller and servicer, ▇▇▇▇▇ Fargo Bank, National Association, as master servicer and securities administrator and JPMorgan Chase Bank, as trustee, as amended.

  • Pooling Letter Premiere shall have received a letter, dated as of the -------------- Effective Time, in form and substance reasonably acceptable to Premiere, from ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ LLP to the effect that the Merger will qualify for pooling of interests accounting treatment, and no action shall have been taken by any regulatory authority or any statute, rule, regulation or order enacted, promulgated or issued by any regulatory authority, or any proposal made for any such action by any regulatory authority which is reasonably likely to be put into effect, that would prevent Premiere from accounting for the business combination to be effected by the Merger as a pooling of interests.

  • Pooling Letters The STOCKHOLDERS shall each have executed and delivered a letter agreement in favor of MARINEMAX and NEWCO, in form and content as set forth in Annex VI attached hereto (the "Pooling Letters"), pursuant to which each STOCKHOLDER shall agree to hold the MARINEMAX Stock received by such STOCKHOLDER, for such period of time as is necessary to allow the Merger to be accounted for as a "pooling-of-interests" under the rules and regulations of the SEC.