Common use of Requisition for Use Clause in Contracts

Requisition for Use. If any Governmental Entity requisitions the use of the Airframe and any Engine(s) or Engine(s) installed on such Airframe while such Airframe is subject to the Lien of this Mortgage and such requisition does not constitute an Event of Loss, Borrower shall promptly notify Security Agent of such requisition, and all of Borrower’s obligations under this Mortgage shall continue to the same extent as if such requisition had not occurred. Any payments received by Security Agent or Borrower or a Permitted Lessee from such Governmental Entity with respect to such requisition of use shall be paid over to, or retained by, Borrower. If an Event of Loss to an Engine results from the requisition for use by a Governmental Entity of such Engine (but not the Airframe), Borrower will replace such Engine hereunder by complying with Section 4.4(e), and any payments received by Security Agent or Borrower from such Governmental Entity with respect to such requisition following such compliance shall be paid over to, or retained by, Borrower.

Appears in 6 contracts

Samples: Loan Agreement (Airtran Holdings Inc), Loan Agreement (Airtran Holdings Inc), Loan Agreement (Airtran Holdings Inc)

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Requisition for Use. If any Governmental Government Entity requisitions the use of the Airframe and any Engine(s) or Engine(sengine(s) installed on such Airframe while such Airframe is subject to the Lien of this Mortgage and such requisition does not constitute an Event of Loss, Borrower shall promptly notify Security Agent Mortgagee of such requisition, and all of Borrower’s obligations under this Mortgage shall continue to the same extent as if such requisition had not occurred. Any payments received by Security Agent Mortgagee or Borrower or a Permitted Lessee from such Governmental Government Entity with respect to such requisition of use shall be paid over to, or retained by, Borrower. If an Event of Loss to an Engine results from the requisition for use by a Governmental Government Entity of such Engine (but not the Airframe), Borrower will replace such Engine hereunder by complying with Section 4.4(e), and any payments received by Security Agent Mortgagee or Borrower from such Governmental Government Entity with respect to such requisition shall be paid over to and held by Mortgagee and following such compliance shall be paid over to, or retained by, Borrower.

Appears in 2 contracts

Samples: Loan Agreement (Airtran Holdings Inc), Loan Agreement (Airtran Holdings Inc)

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Requisition for Use. If any Governmental Government Entity requisitions the use of the Airframe and any Engine(s) or Engine(sengine(s) installed on such Airframe while such Airframe is subject to the Lien of this Mortgage and such requisition does not constitute an Event of Loss, Borrower Owner shall promptly notify Security Agent Mortgagee of such requisition, and all of Borrower’s Owner's obligations under this Mortgage shall continue to the same extent as if such requisition had not occurred. Any payments received by Security Agent Mortgagee or Borrower Owner or a Permitted Lessee from such Governmental Government Entity with respect to such requisition of use shall be paid over to, or retained by, BorrowerOwner. If an Event of Loss to an Engine results from the requisition for use by a Governmental Government Entity of such Engine (but not the Airframe), Borrower Owner will replace such Engine hereunder by complying with Section 4.4(e(S) 4.04(e), and any payments received by Security Agent Mortgagee or Borrower Owner from such Governmental Government Entity with respect to such requisition following such compliance shall be paid over to, or retained by, BorrowerOwner.

Appears in 1 contract

Samples: Note Purchase Agreement (Airtran Holdings Inc)

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