Common use of Required Alterations and Modifications Clause in Contracts

Required Alterations and Modifications. The Lessee, at its own cost and expense, shall make or cause to be made such alterations and modifications in and additions to the Airframe and each Engine as may be required from time to time to meet the applicable requirements of the Aeronautics Authority or any other governmental authority with jurisdiction over the Lessee's or any sublessee's operations and aircraft; provided, however, that the Lessee or sublessee, as the case may be, may in good faith contest the validity or application of any such requirements in any reasonable manner that does not involve any material risk of civil liabilities (unless indemnified by the Lessee) or any risk of criminal penalties being imposed on or against the Indenture Trustee, the Owner Participant or the Lessor, that does not involve any material risk or danger of loss, forfeiture or sale of the Aircraft or any Engine and that does not adversely affect the Lessor, its title or interest in the Aircraft or any Engine, the first and prior perfected Lien and security interest of the Indenture, or the interests of the Indenture Trustee or the Owner Participant in the Airframe or any Engine, or in any Operative Agreement (excluding any interests indemnified for under the Tax Indemnity Agreement). All such alterations, modifications or additions shall be made on or before the date mandated therefor, taking into account authorized postponements resulting from a contest or otherwise and shall be made at such time and in such a manner so as not to discriminate against the Aircraft whether by reason of its leased status or otherwise.

Appears in 5 contracts

Samples: Lease Agreement (Federal Express Corp), Lease Agreement (Federal Express Corp), Lease Agreement (Federal Express Corp)

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Required Alterations and Modifications. The Lessee, at its own cost and expense, shall make or cause to be made such alterations and modifications in and additions to the Airframe and each Engine as may be required from time to time to meet the applicable requirements of the Aeronautics Authority or any other governmental authority with jurisdiction over the Lessee's or any sublessee's operations and aircraft; provided, however, that the Lessee or sublessee, as the case may be, may in good faith contest the validity or application of any such requirements in any reasonable manner that does not involve any material risk of civil liabilities (unless indemnified by the Lessee) or any risk of criminal penalties being imposed on or against the Indenture Trustee, the Owner Participant or the Lessor, that does not involve any material risk or danger of loss, forfeiture or sale of the Aircraft or any Engine and that does not adversely affect the Lessor, its title or interest in the Aircraft or any Engine, the first and prior perfected Lien and security interest of the Indenture, or the interests of the Indenture Trustee or the Owner Participant in the Airframe or any Engine, or in any Operative Agreement (excluding any interests indemnified for under the Tax Indemnity Agreement). All such alterations, modifications or additions shall be made on or before the date mandated therefor, taking into account authorized postponements resulting from a contest or otherwise and shall be made at such time and in such a manner so as not to discriminate against the Aircraft whether by reason of its leased status or otherwise.

Appears in 2 contracts

Samples: Lease Agreement (Federal Express Corp), Lease Agreement (Federal Express Corp)

Required Alterations and Modifications. The Lessee, at its own cost and expense, shall make or cause to be made such alterations and modifications in and additions to the Airframe and each Engine as may be required from time to time to meet the applicable requirements of the Aeronautics Authority or any other governmental authority with jurisdiction over the Lessee's or any sublessee's operations and aircraft; provided, however, that the Lessee or sublessee, as the case may be, may in good faith contest the validity or application of any such requirements in any reasonable manner that does not involve any material risk of civil liabilities (unless indemnified by the Lessee) or any risk of criminal penalties being imposed on or against the Indenture Trustee, the Owner Participant or the Lessor, that does not involve any material risk or danger of loss, forfeiture or sale of the Aircraft or any Engine and that does not adversely affect the Lessor, its title or interest in the Aircraft or any Engine, the first and prior perfected Lien and security interest of the Indenture, or the interests of the Indenture Trustee or the Owner Participant in the Airframe or any Engine, or in any Operative Agreement (excluding any interests the Lessee agrees are indemnified for under the Tax Indemnity Agreement). All such alterations, modifications or additions shall be made on or before the date mandated therefor, taking into account authorized postponements resulting from a contest or otherwise and shall be made at such time and in such a manner so as not to discriminate against the Aircraft whether by reason of its leased status or otherwise.

Appears in 2 contracts

Samples: Lease Agreement (Federal Express Corp), Lease Agreement (Federal Express Corp)

Required Alterations and Modifications. The Lessee, at its own cost and expense, shall make or cause to be made such alterations and modifications in and additions to the Airframe and each Engine as may be required from time to time to meet the applicable requirements of the Aeronautics Authority or and any other governmental authority with jurisdiction over the Lessee's (or any sublessee's 's) operations and aircraftthe Aircraft; provided, however, that the Lessee or the sublessee, as the case may be, may in good faith contest the validity or application of any such requirements in any reasonable manner that does not involve any material risk of civil liabilities (unless indemnified by the Lessee) or any risk of criminal penalties being imposed on or against the Indenture Trustee, the Owner Participant or the Lessor, that does not involve any material risk or danger of loss, forfeiture or sale of the Aircraft or any Engine and that does not adversely affect the Lessor, its title or interest in the Aircraft or any Engine, the first and prior perfected Lien and security interest of the Indenture, or the interests of the Indenture Trustee or the Owner Participant in the Airframe or any Engine, or in any Operative Agreement (excluding any interests indemnified for under the Tax Indemnity Agreement). All such alterations, modifications or additions shall be made on or before the date mandated therefor, taking into account authorized postponements resulting from a contest or otherwise and shall be made at such time and in such a manner so as not to discriminate against the Aircraft whether by reason of its leased status or otherwise.

Appears in 1 contract

Samples: Lease Agreement (Federal Express Corp)

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Required Alterations and Modifications. The Lessee, at its own cost and expense, shall make or cause to be made such alterations and modifications in and additions to the Airframe and each Engine as may be required from time to time to meet the applicable requirements of the Aeronautics Authority or any other governmental authority with jurisdiction over the Lessee's or any sublessee's operations and aircraft; provided, however, that the Lessee or sublessee, as the case may be, may in good faith contest the validity or application of any such requirements in any reasonable manner that does not involve any material risk of civil liabilities (unless indemnified by the Lessee) or any risk of criminal penalties being imposed on or against the Indenture Trustee, the Owner Participant Participants or the Lessor, that does not involve any material risk or danger of loss, forfeiture or sale of the Aircraft or any Engine and that does not adversely affect the Lessor, its title or interest in the Aircraft or any Engine, the first and prior perfected Lien and security interest of the Indenture, or the interests of the Indenture Trustee or the any Owner Participant in the Airframe or any Engine, or in any Operative Agreement (excluding any interests indemnified for under the Tax Indemnity AgreementAgreements). All such alterations, modifications or additions shall be made on or before the date mandated therefor, taking into account authorized postponements resulting from a contest or otherwise and shall be made at such time and in such a manner so as not to discriminate against the Aircraft whether by reason of its leased status or otherwise.

Appears in 1 contract

Samples: Lease Agreement (Federal Express Corp)

Required Alterations and Modifications. The Lessee, at its own cost and expense, shall make or cause to be made such alterations and modifications in and additions to the Airframe and each Engine as may be required from time to time to comply with all applicable laws and to meet the applicable requirements of the Aeronautics Authority or any other governmental authority with jurisdiction over the Lessee's or any sublessee's operations and aircraft; provided, however, that the Lessee or sublessee, as the case may be, may in good faith contest the validity or application of any such requirements in any reasonable manner that does not involve any material risk of civil liabilities (unless indemnified by the Lessee) or any risk of criminal penalties being imposed on or against the Indenture Trustee, the Owner Participant or the Lessor, that does not involve any material risk or danger of loss, forfeiture or sale of the Aircraft or any Engine and that does not in the Lessor's sole discretion adversely affect the LessorLessor (including the ability of the Lessor to remarket the Aircraft), its title or interest in the Aircraft or any Engine, the first and prior perfected Lien and security interest of the Indenture, or the interests of the Indenture Trustee or the Owner Participant in the Airframe or any Engine, or in any Operative Agreement (excluding any interests indemnified for under the Tax Indemnity Agreement). All such alterations, modifications or additions shall be made on or before the date mandated therefor, taking into account authorized postponements resulting from a contest or otherwise and shall be made at such time and in such a manner so as not to discriminate against the Aircraft whether by reason of its leased status or otherwise. Title to all alterations, modifications and additions made pursuant to this Section 9.01 shall without further act vest in the Lessor and become subject to this Lease.

Appears in 1 contract

Samples: Lease Agreement (Federal Express Corp)

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