Common use of Requisition for Use by Government with Respect to the Aircraft Clause in Contracts

Requisition for Use by Government with Respect to the Aircraft. Subject to Section 11(f) below, in the event of the requisition for use by a Governmental Entity of the Aircraft, the Airframe or an Engine (other than a requisition constituting an Event of Loss), Lessee shall promptly notify Lessor and Indenture Trustee (if the Lien of the Indenture has not been discharged) thereof and all of Lessee's obligations under this Lease with respect to such Airframe or Engine shall continue to the same extent as if such requisition had not occurred. All payments received by Lessor or Lessee from the Governmental Entity for the use of such Airframe or Engine during the Term shall be paid over to, or retained by, Lessee if no Default or Event of Default shall have occurred and be continuing; and all other payments received by Lessor or Lessee from the Governmental Entity shall be paid over to, or retained by, Lessor. If the Airframe and such Engines or engines are not returned by the end of the Term, an Event of Loss shall be deemed to have occurred on the last day of the Term and, on the last day of the Term, Lessee shall either pay to Lessor the amount provided herein for an Event of Loss to the Airframe and such Engines or engines on such date or provide a replacement Aircraft and Engine on such date in the condition provided for in Section 16 and Exhibit E. In the event of the requisition for use by the Governmental Entity of any Engine without the requisition for use of the Airframe, Lessee will replace such Engine hereunder by complying with the terms of Section 11(b) to the same extent as if an Event of Loss had occurred with respect to such Engine, and thereafter any payments received by Lessor or Lessee from the Governmental Entity with respect to such requisition shall be paid over to, or retained by, Lessee.

Appears in 4 contracts

Samples: Aircraft Lease Agreement (America West Airlines Inc), Aircraft Lease Agreement (America West Airlines Inc), Aircraft Lease Agreement (America West Airlines Inc)

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Requisition for Use by Government with Respect to the Aircraft. Subject to Section 11(f) below, in In the event of the requisition for use by a Governmental Entity of the Aircraft, the Airframe or an any Engine (other than a requisition constituting an Event of Lossa Casualty Occurrence), Lessee shall promptly notify Lessor and Indenture Trustee (if the Lien of the Indenture has not been discharged) thereof and all of Lessee's obligations under this Lease with respect to such the Airframe or Engine shall continue to the same extent as if such requisition had not occurred; provided that all payments received by Lessor from such Governmental Entity or rental payments for the Aircraft shall be offset against Lessee's obligation to pay Rent. All If the Airframe or any Engine or engine installed thereon is not returned by such Governmental Entity prior to the last day of the Term, the Term of the Lease shall nonetheless terminate on such date in accordance with the provisions hereof. Subject to Section 11(e) hereof, all payments received by Lessor or Lessee from the Governmental Entity for the use of the Airframe or Engine during the Term prior to the time such requisition becomes a Casualty Occurrence shall be paid over to, or retained by, Lessee; and all payments received by Lessor or Lessee from the Governmental Entity for the use of such Airframe item after such requisition constitutes a Casualty Occurrence or Engine during after the expiration of the Term shall be paid over to, or retained by, Lessee if no Default or Event of Default shall have occurred and be continuing; and all other payments received by Lessor or Lessee from the Governmental Entity shall be paid over to, or retained by, Lessor. If Notwithstanding the Airframe foregoing, if possession of the Aircraft is recovered or such Casualty Occurrence shall no longer be continuing on or prior to the date on which Lessee is required to make any payment pursuant to Section 11(a), Lessee shall return the Aircraft to Lessor in accordance with Section 16 and pay, at the time of such Engines or engines are not returned by return, rental (in arrears) to Lessor with respect to the period from the end of the Term, Term to and excluding the date of such return in an Event of Loss shall be deemed amount equal to have occurred on the last day a pro rata portion of the Term and, Base Rent together with all other amounts payable on the last day of the Term, Lessee shall either pay to Lessor the amount provided herein for an Event of Loss to the Airframe and such Engines or engines on such date or provide a replacement Aircraft and Engine on such date in the condition provided for in Section 16 and Exhibit E. In the event of the requisition for use by the Governmental Entity of any Engine without the requisition for use of the Airframe, Lessee will replace such Engine hereunder by complying with the terms of Section 11(b) to the same extent as if an Event of Loss had occurred with respect to such Engine, and thereafter any payments received by Lessor or Lessee from the Governmental Entity with respect to such requisition shall be paid over to, or retained by, LesseeReturn Occasion hereunder.

Appears in 2 contracts

Samples: Aircraft Lease Agreement (Frost Hanna Mergers Group Inc), Aircraft Lease Agreement (Frost Hanna Mergers Group Inc)

Requisition for Use by Government with Respect to the Aircraft. Subject to Section 11(f) below, in the event of the requisition for use by a Governmental Entity of the Aircraft, the Airframe or an Engine (other than a requisition constituting an Event of Loss), Lessee shall promptly notify Lessor and Indenture Trustee (if the Lien of the Indenture has not been discharged) thereof and all of Lessee's obligations under this Lease with respect to such Airframe or Engine shall continue to the same extent as if such requisition had not occurred. All payments received by Lessor or Lessee from the Governmental Entity for the use of such Airframe or Engine during the Term shall be paid over to, or retained by, Lessee if no Default or Event of Default shall have occurred and be continuing; and all other payments received by Lessor or Lessee from the Governmental Entity shall be paid over to, or retained by, Lessor. If the Airframe and such Engines or engines are not returned by the end of the Term, an Event of Loss shall be deemed to have occurred on the last day of the Term and, on the last day of the Term, Lessee shall either pay to Lessor the amount provided herein for an Event of Loss to the Airframe and such Engines or engines on such date or provide a replacement Aircraft and Engine on such date in the condition provided for in Section 16 and Exhibit E. 16. In the event of the requisition for use by the Governmental Entity of any Engine without the requisition for use of the Airframe, Lessee will replace such Engine hereunder by complying with the terms of Section 11(b) to the same extent as if an Event of Loss had occurred with respect to such Engine, and thereafter any payments received by Lessor or Lessee from the Governmental Entity with respect to such requisition shall be paid over to, or retained by, Lessee.Governmental

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

Requisition for Use by Government with Respect to the Aircraft. Subject to Section 11(f) below, in the event of the requisition for use by a Governmental Entity of the Aircraft, the Airframe or an Engine (other than a requisition constituting an Event of Loss), Lessee shall promptly notify Lessor and Indenture Trustee (if the Lien of the Indenture has not been discharged) thereof and all of Lessee's obligations under this Lease with respect to such Airframe or Engine shall continue to the same extent as if such requisition had not occurred. All payments received by Lessor or Lessee from the Governmental Entity for the use of such Airframe or Engine during the Term shall be paid over to, or retained by, Lessee if no Default or Event of Default shall have occurred and be continuing; and all other payments received by Lessor or Lessee from the Governmental Entity shall be paid over to, or retained by, Lessor. If the Airframe and such Engines or engines are not returned by the end of the Term, an Event of Loss shall be deemed to have occurred on the last day of the Term and, on the last day of the Term, Lessee shall either pay to Lessor the amount provided herein for an Event of Loss to the Airframe and such Engines or engines on such date or provide a 74 replacement Aircraft and Engine on such date in the condition provided for in Section 16 and Exhibit E. 16. In the event of the requisition for use by the Governmental Entity of any Engine without the requisition for use of the Airframe, Lessee will replace such Engine hereunder by complying with the terms of Section 11(b) to the same extent as if an Event of Loss had occurred with respect to such Engine, and thereafter any payments received by Lessor or Lessee from the Governmental Entity with respect to such requisition shall be paid over to, or retained by, Lessee.

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

Requisition for Use by Government with Respect to the Aircraft. Subject to Section 11(f) below, in the event of the requisition for use by a Governmental Entity of the Aircraft, the Airframe or an Engine (other than a requisition constituting an Event of Loss), Lessee shall promptly notify Lessor and Indenture Trustee (if the Lien of the Indenture has not been discharged) thereof and all of Lessee's obligations under this Lease with respect to such Airframe or Engine shall continue to the same extent as if such requisition had not occurred. All payments received by Lessor or Lessee from the Governmental Entity for the use of - 71 - 73 such Airframe or Engine during the Term shall be paid over to, or retained by, Lessee if no Default or Event of Default shall have occurred and be continuing; and all other payments received by Lessor or Lessee from the Governmental Entity shall be paid over to, or retained by, Lessor. If the Airframe and such Engines or engines are not returned by the end of the Term, an Event of Loss shall be deemed to have occurred on the last day of the Term and, on the last day of the Term, Lessee shall either pay to Lessor the amount provided herein for an Event of Loss to the Airframe and such Engines or engines on such date or provide a replacement Aircraft and Engine on such date in the condition provided for in Section 16 and Exhibit E. 16. In the event of the requisition for use by the Governmental Entity of any Engine without the requisition for use of the Airframe, Lessee will replace such Engine hereunder by complying with the terms of Section 11(b) to the same extent as if an Event of Loss had occurred with respect to such Engine, and thereafter any payments received by Lessor or Lessee from the Governmental Entity with respect to such requisition shall be paid over to, or retained by, Lessee.

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

Requisition for Use by Government with Respect to the Aircraft. Subject to Section 11(f) below, in the event of the requisition for use by a Governmental Entity of the Aircraft, the Airframe or an Engine (other than a requisition constituting an Event of Loss), Lessee shall promptly notify Lessor and Indenture Trustee (if the Lien of the Indenture has not been discharged) thereof and all of Lessee's obligations under this Lease with respect to such Airframe or Engine shall continue to the same extent as if such requisition had not occurred. All payments received by Lessor or Lessee from the Governmental Entity for the use of such Airframe or Engine during the Term shall be paid over to, or retained by, Lessee if no Default or Event of Default shall have occurred and be continuing; and all other payments received by Lessor or Lessee from the Governmental Entity shall be paid over to, or retained by, Lessor. If the Airframe and such Engines or engines are not returned by the end of the Term, an Event of Loss shall be deemed to have occurred on the last day of the Term and, on the last day of the Term, Lessee shall either pay to Lessor the amount provided herein for an Event of Loss to the Airframe and such Engines or engines on such date or provide a replacement Aircraft and Engine on such date in the condition provided for in Section 16 and Exhibit E. In the event of the requisition for use by the Governmental Entity of any Engine without the requisition for use of the Airframe, Lessee will replace such Engine hereunder by complying with the terms of Section 11(b) to the same extent as if an Event of Loss had occurred with respect to such Engine, and thereafter any payments received by Lessor or Lessee from the Governmental Entity with respect to such requisition shall be paid over to, or retained by, Lessee.the

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

Requisition for Use by Government with Respect to the Aircraft. Subject to Section 11(f) below, in In the event of the requisition for use by a Governmental Entity of the Aircraft, the Airframe or an any Engine (other than a requisition constituting an Event of Lossa Casualty Occurrence), Lessee shall promptly notify Lessor and Indenture Trustee (if the Lien of the Indenture has not been discharged) thereof such requisition and all of Lessee's obligations under this Lease with respect to such the Airframe or Engine shall continue to the same extent as if such requisition had not occurred. If the Air-frame and Engines or engines installed thereon are not returned by the Government or such government by the end of the Term or within 180 days thereafter, Lessor, upon notice given not less than forty-five (45) days before the end of the Term, may elect to treat such event as constituting a Casualty Occurrence with respect to the Aircraft, and the provisions of Section 11 (b) shall apply, with payment and determination of Casualty Value with respect to the Aircraft on and as of the date of expiration of the Term. If Lessor does not so elect, Section 16 shall apply promptly upon such return by such Governmental Entity. All payments received by Lessor or Lessee or any Permitted Sublessee from the Governmental Entity for the use of the Airframe or Engine prior to the time such requisition becomes a Casualty Occurrence shall be paid over to, or retained by, Lessee if no Special Default or Event of Default shall have occurred and be continuing; and all payments received by Lessor or Lessee from the Governmental Entity for the use of such Airframe or Engine during the Term shall be paid over to, or retained by, Lessee if no Default or Event of Default shall have occurred and be continuing; and all other payments received by Lessor or Lessee from the Governmental Entity item thereafter shall be paid over to, or retained by, Lessor. If the Airframe and ; provided that if such Engines requisition constitutes a Casualty Occurrence, or engines are not returned by the end of the TermLessor has elected to treat such requisition as a Casualty Occurrence, an Event of Loss then all such payments shall be deemed to have occurred on the last day of the Term and, on the last day of the Term, Lessee shall either pay paid over to Lessor the amount provided herein for an Event of Loss to the Airframe and such Engines or engines on such date or provide a replacement Aircraft and Engine on such date in the condition applied as provided for in Section 16 and Exhibit E. In the event of the requisition for use by the Governmental Entity of any Engine without the requisition for use of the Airframe, Lessee will replace such Engine hereunder by complying with the terms of Section 11(b) to the same extent as if an Event of Loss had occurred with respect to such Engine, and thereafter any payments received by Lessor or Lessee from the Governmental Entity with respect to such requisition shall be paid over to, or retained by, Lessee1l(g)(iii).

Appears in 1 contract

Samples: Aircraft Lease Agreement (Atlas Air Worldwide Holdings Inc)

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Requisition for Use by Government with Respect to the Aircraft. Subject to Section 11(f) below, in the event of the requisition for use by a Governmental Entity of the Aircraft, the Airframe or an Engine (other than a requisition constituting an Event of Loss), Lessee shall promptly notify Lessor and Indenture Trustee (if the Lien of the Indenture has not been discharged) thereof and all of Lessee's obligations under this Lease with respect to such Airframe or Engine shall continue to the same extent as - 71 - 73 if such requisition had not occurred. All payments received by Lessor or Lessee from the Governmental Entity for the use of such Airframe or Engine during the Term shall be paid over to, or retained by, Lessee if no Default or Event of Default shall have occurred and be continuing; and all other payments received by Lessor or Lessee from the Governmental Entity shall be paid over to, or retained by, Lessor. If the Airframe and such Engines or engines are not returned by the end of the Term, an Event of Loss shall be deemed to have occurred on the last day of the Term and, on the last day of the Term, Lessee shall either pay to Lessor the amount provided herein for an Event of Loss to the Airframe and such Engines or engines on such date or provide a replacement Aircraft and Engine on such date in the condition provided for in Section 16 and Exhibit E. In the event of the requisition for use by the Governmental Entity of any Engine without the requisition for use of the Airframe, Lessee will replace such Engine hereunder by complying with the terms of Section 11(b) to the same extent as if an Event of Loss had occurred with respect to such Engine, and thereafter any payments received by Lessor or Lessee from the Governmental Entity with respect to such requisition shall be paid over to, or retained by, Lessee.

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

Requisition for Use by Government with Respect to the Aircraft. Subject to Section 11(f) below, in the event of the requisition for use by a Governmental Entity of the Aircraft, the Airframe or an Engine (other than a requisition constituting an Event of Loss), Lessee shall promptly notify Lessor and Indenture Trustee (if the Lien of the Indenture has not been discharged) thereof and all of Lessee's obligations under this Lease with respect to such Airframe or Engine shall continue to the same extent as if such requisition had not occurred. All payments received by Lessor or Lessee from the Governmental Entity for the use of such Airframe or Engine during the Term shall be paid over to, or retained by, Lessee if no Default or Event of Default shall have occurred and be continuing; and all other payments received by Lessor or Lessee from the Governmental Entity shall be paid over to, or retained by, Lessor. If the Airframe and such Engines or engines are not returned by the end of the Term, an Event of Loss shall be deemed to have occurred on the last day of the Term and, on the last day of the Term, Lessee shall either pay to Lessor the amount provided herein for an Event of Loss to the Airframe and such Engines or engines on such date or provide a replacement Aircraft and Engine on such date in the condition provided for in Section 16 and Exhibit E. In the event of the requisition for use by the Governmental Entity of any Engine without the requisition for use of the Airframe, Lessee will replace such Engine hereunder by complying with the terms of Section 11(b) to the same extent as if an Event of Loss had occurred with respect to such Engine, and thereafter any payments received by Lessor or Lessee from the Governmental Entity with respect to such requisition shall be paid over to, or retained by, Lessee.. -71- 77

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

Requisition for Use by Government with Respect to the Aircraft. Subject to Section 11(f) below, in the event of the requisition for use by a Governmental Entity of the Aircraft, the Airframe or an Engine (other than a requisition constituting an Event of Loss), Lessee shall promptly notify Lessor and Indenture Trustee (if the Lien of the Indenture has not been discharged) thereof and all of Lessee's obligations under this Lease with respect to such Airframe or Engine shall continue to the same extent as if such requisition had not occurred. All payments received by Lessor or Lessee from the Governmental Entity for the use of such Airframe or Engine during the Term shall be paid over to, or retained by, Lessee if no Default or Event of Default shall have occurred and be continuing; and all other payments received by Lessor or Lessee from the Governmental Entity shall be paid over to, or retained by, Lessor. If the Airframe and such Engines or engines are not returned by the end of the Term, an Event of Loss shall be deemed to have occurred on the last day of the Term and, on the last day of the Term, Lessee shall either pay to Lessor the amount provided herein for an Event of Loss to the Airframe and such Engines or engines on such date or provide a replacement Aircraft and Engine on such date in the condition provided for in Section 16 and Exhibit E. In the event of the requisition for use by the Governmental Entity of any Engine without the requisition for use of the Airframe, Lessee will replace such Engine hereunder by complying with the terms of Section 11(b) to the same extent as if an Event of Loss had occurred with respect to such Engine, and thereafter any payments received by Lessor or Lessee from the Governmental Entity with respect to such requisition shall be paid over to, or retained by, Lessee.the

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

Requisition for Use by Government with Respect to the Aircraft. Subject to Section 11(f) below, in the event of the requisition for use by a Governmental Entity of the Aircraft, the Airframe or an Engine (other than a requisition constituting an Event of Loss), Lessee shall promptly notify Lessor and Indenture Trustee (if the Lien of the Indenture has not been discharged) thereof and all of Lessee's obligations under this Lease with respect to such Airframe or Engine shall continue to the same extent as if such requisition had not occurred. All payments received by Lessor or Lessee from the Governmental Entity for the use -71- 77 of such Airframe or Engine during the Term shall be paid over to, or retained by, Lessee if no Default or Event of Default shall have occurred and be continuing; and all other payments received by Lessor or Lessee from the Governmental Entity shall be paid over to, or retained by, Lessor. If the Airframe and such Engines or engines are not returned by the end of the Term, an Event of Loss shall be deemed to have occurred on the last day of the Term and, on the last day of the Term, Lessee shall either pay to Lessor the amount provided herein for an Event of Loss to the Airframe and such Engines or engines on such date or provide a replacement Aircraft and Engine on such date in the condition provided for in Section 16 and Exhibit E. In the event of the requisition for use by the Governmental Entity of any Engine without the requisition for use of the Airframe, Lessee will replace such Engine hereunder by complying with the terms of Section 11(b) to the same extent as if an Event of Loss had occurred with respect to such Engine, and thereafter any payments received by Lessor or Lessee from the Governmental Entity with respect to such requisition shall be paid over to, or retained by, Lessee.

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

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