Common use of Requisition for Use Clause in Contracts

Requisition for Use. In the event of a requisition for use by any government of the Airframe and the Engines, if any, or engines installed on the Airframe, the Company shall promptly notify the Indenture Trustee of such requisition and all of the Company's obligations under this Indenture shall continue to the same extent as if such requisition had not occurred except to the extent that the performance or observance of any obligation by the Company shall have been prevented or delayed by such requisition, provided that the Company's -------- obligations for the payment of money and under Section 4.05 (except while an assumption of liability by the Government of the scope referred to in Section 4.01(c) is in effect) shall not be reduced or delayed by such requisition. Any payments received by the Indenture Trustee or the Company from such government with respect to such requisition of use shall be paid over to, or retained by, the Company. In the event of an Event of Loss of an Engine resulting from the requisition for use by a government of such Engine (but not the Airframe), the Company will replace such Engine hereunder by complying with the terms of Section 4.03(e) and any payments received by the Indenture Trustee or the Company from such government with respect to such requisition shall be paid over to, or retained by, the Company.

Appears in 1 contract

Samples: Note Purchase Agreement (Midway Airlines Corp)

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Requisition for Use. In the event of a requisition for use by any government during the Term of the Airframe and the Engines, if any, or engines installed on the Airframe, the Company Lessee shall promptly notify the Indenture Trustee Lessor of such requisition and all of the CompanyLessee's obligations under this Indenture Lease shall continue to the same extent as if such requisition had not occurred except to the extent that the performance or observance of any obligation by the Company Lessee shall have been prevented or delayed by such requisition, provided that the CompanyLessee's -------- obligations for the payment of money and under Section 4.05 9 (except while an assumption of liability by the Government government of the United States of the scope referred to in Section 4.01(c5(c) is in effect) shall not be reduced or delayed by such requisition. Any payments received by the Indenture Trustee Lessor or the Company Lessee from such government with respect to such requisition of use shall be paid over to, or retained by, the CompanyLessee. In the event of an Event of Loss of an Engine resulting from the requisition for use by a government of such Engine (but not the Airframe), the Company Lessee will replace such Engine hereunder by complying with the terms of Section 4.03(e7(e) and any payments received by the Indenture Trustee Lessor or the Company Lessee from such government with respect to such requisition shall be paid over to, or retained by, the CompanyLessee.

Appears in 1 contract

Samples: Note Purchase Agreement (Midway Airlines Corp)

Requisition for Use. In the event of a requisition for use by any government of the any Airframe and the Engines, if any, or engines installed on such Airframe while such Airframe is subject to the AirframeLien of this Indenture, the Company shall promptly notify the Indenture Collateral Trustee of such requisition and all of the Company's Company obligations under this Indenture shall continue to the same extent as if such requisition had not occurred except to the extent that the performance or observance of any obligation by the Company shall have been prevented or delayed by such requisition; provided, provided however, that the Company's -------- obligations under this Section 1204 with respect to the occurrence of an Event of Loss, for the payment of money and under Section 4.05 (except while an assumption of liability by the Government of the scope referred to in Section 4.01(c) is in effect) Sections 1010 and 1102 shall not be reduced or delayed by such requisition. Any payments received by the Indenture Collateral Trustee or the Company from such government with respect to such requisition of use shall be paid over to, or retained by, the Company. In the event of an Event of Loss of an Aircraft or Engine resulting from the requisition for use by a government of such Engine (but not the Airframe)Aircraft or Engine, the Company will replace such Aircraft or Engine hereunder by complying with the terms of Section 4.03(e) 1020 and any payments received by the Indenture Collateral Trustee or the Company from such government with respect to such requisition shall be paid over to, or retained by, the Company.

Appears in 1 contract

Samples: Valujet Inc

Requisition for Use. In the event of a requisition for use by any government of the Airframe and the Engines, if any, or engines installed on the Airframe, the Company shall promptly notify the Indenture Trustee of such requisition and all of the Company's obligations under this Indenture shall continue to the same extent as if such requisition had not occurred except to the extent that the performance or observance of any obligation by the Company shall have been prevented or delayed by such requisition, provided that the Company's -------- obligations for the payment of money and under Section 4.05 (except while an assumption of liability by the Government of the scope referred to in Section 4.01(c) is in effect) shall not be reduced or delayed by such requisition. Any payments received by the Indenture Trustee or the Company from such government with respect to such requisition of use shall be paid over to, or retained by, the Company. In the event of an Event of Loss of an Engine resulting from the requisition for use by a government of such Engine (but not the Airframe), the Company will replace such Engine hereunder by complying with the terms of Section 4.03(e) and any payments received by the Indenture Trustee or the Company from such government with respect to such requisition shall be paid over to, or retained by, the Company.

Appears in 1 contract

Samples: Note Purchase Agreement (Midway Airlines Corp)

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Requisition for Use. In the event of a requisition for use by any government of the any Airframe and the Engines, if any, or engines installed on such Airframe while such Airframe is subject to the AirframeLien of this Indenture, the Company shall promptly notify the Indenture Trustee of such requisition and all of the Company's Company obligations under this Indenture shall continue to the same extent as if such requisition had not occurred except to the extent that the performance or observance of any obligation by the Company shall have been prevented or delayed by such requisition; provided, provided however, that the Company's -------- obligations under this Section 15.04 with respect to the occurrence of an Event of Loss, for the payment of money and under Section 4.05 (except while an assumption of liability by the Government of the scope referred to in Section 4.01(c) is in effect) Sections 4.12 and 14.02 shall not be reduced or delayed by such requisition. Any payments received by the Indenture Trustee or the Company from such government with respect to such requisition of use shall be paid over to, or retained by, the Company. In the event of an Event of Loss of an Aircraft or Engine resulting from the requisition for use by a government of such Engine (but not the Airframe)Aircraft or Engine, the Company will replace such Aircraft or Engine hereunder by complying with the terms of Section 4.03(e) 4.16 and any payments received by the Indenture Trustee or the Company from such government with respect to such requisition shall be paid over to, or retained by, the Company.

Appears in 1 contract

Samples: Indenture (Kitty Hawk Inc)

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