Common use of Requisition Clause in Contracts

Requisition. 22.4.1 During any requisition for use or hire of the Aircraft, any Engine or Part that does not constitute a Total Loss: (i) the Rent and other amounts payable under this Agreement will not be suspended or abated either in whole or in part, and Sublessee will not be released from any of its other obligations under the Agreement (other than operational obligations with which Sublessee is unable to comply solely by virtue of the requisition); (ii) so long as no Default or Event of Default has occurred and is continuing, Sublessee shall be entitled to any hire paid by the requisitioning authority in respect of the Sublease Term; (iii) Sublessee shall, as soon as practicable after the end of any such requisition, cause the Aircraft to be put into the condition required by this Agreement. 22.4.2 If the Aircraft is under requisition for hire at the Expiry Date, the leasing of the Aircraft under this Agreement shall continue until the earlier of (x) when the Aircraft becomes a Total Loss and Sublessor receives the Agreed Value together with any other amounts then due and unpaid under this Agreement and (y) when the Aircraft is returned prior to becoming a Total Loss, and Sublessee satisfies the Return Conditions provided that: (i) the obligations of Sublessee including in respect of payment of Rent including Maintenance Reserves, if any, shall continue in full force and effect until the leasing ends except that during the continuation of the requisition for hire while it does not constitute a Total Loss, Sublessee shall be released from those of its obligations that it is prevented from performing as a result of the requisition of the Aircraft; (ii) unless a Total Loss has occurred (in which case Clause 22.2 shall apply), Sublessee shall be obliged to redeliver the Aircraft to Sublessor in accordance with Clause 23; (iii) provided no Default or Event of Default is continuing, Sublessee shall be entitled to receive and retain any requisition payments made in respect of the Aircraft; and (iv) Sublessee shall indemnify Sublessor for any Losses which Sublessor suffers (Sublessor undertakes to use its reasonable best efforts to mitigate such Losses) as a result of Sublessee returning the Aircraft to Sublessor after the Expiry Date.

Appears in 3 contracts

Sources: Aircraft Sublease Agreement (Frontier Airlines Inc /Co/), Aircraft Sublease Agreement (Frontier Airlines Inc /Co/), Aircraft Sublease Agreement (Frontier Airlines Inc /Co/)

Requisition. 22.4.1 During 18.1 If the Aircraft is requisitioned for hire by any governmental or other competent authority during the Lease Period then, unless and until the Aircraft becomes a Total Loss following such requisition for use or hire and the Lessee shall have made payment of all sums due pursuant to clause 17.3(a), the lease of the Aircraft, any Engine or Part that does not constitute a Total Loss: (i) Aircraft to the Rent and other amounts payable Lessee under this Agreement will not be suspended or abated either shall continue in whole or in partfull force and effect (subject always to the provisions of clause 21) for the remainder of the Lease Term and the Lessee and, and Sublessee will not be released from any of its other subject to clause 7.3, SAS BV shall remain fully responsible for the due compliance with all their respective obligations under the this Agreement (other than operational such obligations with which Sublessee the Lessee is unable to comply with solely by virtue of such requisition. 18.2 If the requisition); (ii) so long Lessee and SAS BV shall duly comply with all their respective obligations under this Agreement, save as no Default or Event of Default has occurred and is continuingmentioned in clause 18.1, Sublessee shall the Lessee shall, during the Lease Period, be entitled to any all requisition hire paid by to the requisitioning authority in respect Lessor or to the Lessee on account of the Sublease Term;such requisition. (iii) Sublessee 18.3 The Lessee shall, as soon as practicable after the end of any such requisitionrequisition for hire, cause the Aircraft to be put into the condition required by this Agreement, and where that requisition shall end after the expiry or termination of the Lease Term, the Lessee shall, as soon as practicable, cause the Aircraft to be put into the redelivery condition required by clause 19, allowance being made for fair wear and tear in respect of the period from the expiry or termination of the Lease Term. 22.4.2 If 18.4 The Lessee shall be entitled to all compensation payable in respect of any change in the structure, state or condition of the Aircraft arising during the period of requisition for hire. The Lessee shall apply such compensation in or towards the cost of complying with its obligation under clause 18.3, provided always that if a Relevant Event has occurred and is continuing, the Lessor shall be entitled to receive and apply such compensation in or towards settlement of any amounts owing by the Lessee under any Lessee Document. 18.5 Should the Aircraft be under requisition for hire at the Expiry Date, end of the leasing Lease Term the lease of the Aircraft under this Agreement shall continue until be extended to the earlier of the date (xthe "Extended Date") when falling ninety (90) days after the date of expiration of the Lease Term and the date the Aircraft becomes a Total Loss is released from such requisition for hire, and Sublessor receives all the Agreed Value together with any other amounts then due provisions of this Agreement shall remain in full force and unpaid effect, save that the rate of Rent payable by SAS BV during such extension shall be equal to the rate of Rent payable by SAS BV under this Agreement and (y) when immediately prior to the expiration of the Lease Term. If the Aircraft is returned prior remains under requisition for hire at the Extended Date the Aircraft shall be deemed to becoming be a Total Loss, and Sublessee satisfies the Return Conditions provided that: (i) the obligations provisions of Sublessee including in respect of payment of Rent including Maintenance Reserves, if any, shall continue in full force and effect until the leasing ends except that during the continuation of the requisition for hire while it does not constitute a Total Loss, Sublessee shall be released from those of its obligations that it is prevented from performing as a result of the requisition of the Aircraft; (ii) unless this Agreement relating to a Total Loss has occurred (in which case Clause 22.2 shall apply). Upon receipt by the Lessor of the Agreed Value and all other amounts due and payable to the Lessor under the Lessee Documents in the circumstances contemplated in this clause 18.5, Sublessee the Lessor shall be obliged transfer to redeliver the Lessee such title to the Aircraft as the Lessor received pursuant to Sublessor in accordance with Clause 23; (iii) provided no Default or Event of Default is continuing, Sublessee shall be entitled to receive and retain any requisition payments made in respect of the Aircraft; and (iv) Sublessee shall indemnify Sublessor for any Losses which Sublessor suffers (Sublessor undertakes to use its reasonable best efforts to mitigate such Losses) as a result of Sublessee returning the Aircraft Purchase Agreement, free of all Lessor's Liens, and the Lessor shall, at the Lessee's cost, do such acts and things as the Lessee may reasonably require to Sublessor after ensure that title so vests in the Expiry DateLessee.

Appears in 2 contracts

Sources: Aircraft Lease Agreement (Semele Group Inc), Aircraft Lease Agreement (Afg Investment Trust D)

Requisition. 22.4.1 During any requisition for use or hire of the Aircraft, any Engine or Part that does not constitute a Total Loss: (i) the Rent and other amounts payable under this Agreement will not be suspended or abated either in whole or in part, and Sublessee Lessee will not be released from any of its other obligations under the Agreement (other than operational obligations with which Sublessee Lessee is unable to comply solely by virtue of the requisition); (ii) so long as no Default or Event of Default has occurred and is continuing, Sublessee Lessee shall be entitled to any hire paid by the requisitioning authority in respect of the Sublease Lease Term; (iii) Sublessee Lessee shall, as soon as practicable after the end of any such requisition, cause the Aircraft to be put into the condition required by this Agreement. 22.4.2 If the Aircraft is under requisition for hire at the Expiry Date, the leasing of the Aircraft under this Agreement shall continue until the earlier of (x) when the Aircraft becomes a Total Loss and Sublessor Lessor receives the Agreed Value together with any other amounts then due and unpaid under this Agreement and (y) when the Aircraft is returned prior to becoming a Total Loss, and Sublessee Lessee satisfies the Return Conditions provided that: (i) the obligations of Sublessee Lessee including in respect of payment of Rent including Maintenance Reserves, if any, shall continue in full force and effect until the leasing ends except that during the continuation of the requisition for hire while it does not constitute a Total Loss, Sublessee Lessee shall be released from those of its obligations that it is prevented from performing as a result of the requisition of the Aircraft; (ii) unless a Total Loss has occurred (in which case Clause 22.2 shall apply), Sublessee Lessee shall be obliged to redeliver the Aircraft to Sublessor Lessor in accordance with Clause 23; (iii) provided no Default or Event of Default is continuing, Sublessee Lessee shall be entitled to receive and retain any requisition payments made in respect of the Aircraft; and (iv) Sublessee Lessee shall indemnify Sublessor Lessor for any Losses which Sublessor Lessor suffers (Sublessor Lessor undertakes to use its reasonable best efforts to mitigate such Losses) as a result of Sublessee Lessee returning the Aircraft to Sublessor Lessor after the Expiry Date.

Appears in 2 contracts

Sources: Aircraft Lease Agreement (Frontier Airlines Inc /Co/), Aircraft Lease Agreement (Frontier Airlines Inc /Co/)

Requisition. 22.4.1 During any LATAM Shared Terms 20 If there is a requisition for use or hire of the AircraftAircraft by a Government Entity, any Engine or Part that does not constitute a Total Loss: (i) unless and until an Event of Loss occurs in respect of the Rent Aircraft and other amounts payable Lessee shall have paid all sums due pursuant to Section 10.3, the leasing of the Aircraft to Lessee under this the Aircraft Lease Agreement shall continue in full force and effect and Lessee will not be suspended or abated either in whole or in part, continue to pay all Rent—Periodic as scheduled and Sublessee will not be released from any continue to perform all of its other obligations under the Agreement (other than operational obligations with which Sublessee is unable Operative Documents, except to comply solely the extent rendered impossible by virtue the occurrence of such requisition or rendered, in the requisition); (ii) so long as no Default opinion of ▇▇▇▇▇▇, unnecessary. All payments received by Lessor or Event of Default has occurred and is continuing, Sublessee Lessee from such Government Entity shall be entitled paid over to any hire paid or retained by the requisitioning authority in respect of the Sublease Term; (iii) Sublessee ▇▇▇▇▇▇. Lessee shall, as soon as practicable after the end of any such requisition, cause the Aircraft to be put into the condition required by this the Aircraft Lease Agreement. 22.4.2 . Lessor shall be entitled to all compensation payable by the requisitioning authority in respect of any change in the structure, state or condition of the Aircraft arising during the period of requisition, and Lessor shall apply such compensation in reimbursing Lessee for the cost of complying with its obligations under the Aircraft Lease Agreement in respect of any such change, provided that if any Event of Default has occurred and is continuing, Lessor may apply the compensation in or towards settlement of any amounts owing by Lessee under the Operative Documents. If the Aircraft is under requisition for use or hire at the Expiry Dateend of the Lease Term (in circumstances where no Event of Loss occurs), the leasing Lease Term shall, provided no Event of the Aircraft under this Agreement shall continue Default has occurred and is continuing, be deemed to be extended until the earlier of (xi) when the date on which the Aircraft becomes a Total Loss and Sublessor receives the Agreed Value together with any other amounts then due and unpaid under this Agreement ceases to be subject to such requisition for use or hire, and (yii) when the date falling 180 days after the date on which the relevant requisition commenced. If at the end of the 180-day period, the Aircraft is still subject to requisition for use or hire and consequently cannot be returned to Lessor in accordance with the provisions of the Aircraft Lease Agreement, an Event of Loss shall be deemed to have occurred and then Lessee shall pay to Lessor the then current Agreed Insurance Value. Title to the Aircraft shall pass to Lessee on an “as-is, where-is” basis, without recourse or warranty (except as to absence of all rights of Owner and Lessor and all Lessor Liens) and subject to the disclaimer set forth in Section 3 of Part II of Schedule 1 to the Aircraft Lease Agreement, and Lessor will, at Lessee’s expense, execute and deliver such bills of sale and other documents and instruments as Lessee may reasonably request to evidence such transfer. During any extension of the Lease Term as contemplated by this Section 10.5 Lessee shall pay Rent-Periodic to Lessor in the same amounts and in the same manner as were being paid prior to becoming a Total Loss, and Sublessee satisfies the Return Conditions provided that: (i) the obligations of Sublessee including in respect of payment of Rent including Maintenance Reserves, if any, shall continue in full force and effect until the leasing ends except that during the continuation commencement of the requisition for use or hire while it does not constitute a Total Loss, Sublessee shall be released from those (pro rata for any period of its obligations that it is prevented from performing as a result of the requisition of the Aircraft; (iiless than one month) unless a Total Loss has occurred (in which case Clause 22.2 shall apply), Sublessee shall be obliged to redeliver the Aircraft to Sublessor in accordance with Clause 23; (iii) provided no Default or Event of Default is continuing, Sublessee and Lessee shall be entitled to receive and retain any requisition payments made in respect of the Aircraft; and (iv) Sublessee shall indemnify Sublessor for any Losses which Sublessor suffers (Sublessor undertakes to use its reasonable best efforts to mitigate such Losses) as a result of Sublessee returning the Aircraft to Sublessor after the Expiry Datehire payable.

Appears in 1 contract

Sources: Aircraft Lease Agreement (Aircastle LTD)

Requisition. 22.4.1 23.4.1 During any requisition for use or hire of the Aircraft, any Engine or Part that does not constitute a Total Loss: (i) the Rent and other amounts payable under this Agreement will not be suspended or abated either in whole or in part, and Sublessee will not be released from any of its other obligations under the Agreement (other than operational obligations with which Sublessee is unable to comply solely by virtue of the requisition); (ii) so long as no Default or Event of Default has occurred and is continuing, Sublessee shall be entitled to any hire paid by the requisitioning authority in respect of the Sublease Lease Term; (iii) Sublessee shall, as soon as practicable after the end of any such requisition, cause the Aircraft to be put into the condition required by this Agreement. 22.4.2 23.4.2 If the Aircraft is under requisition for hire at the Expiry Date, Date the leasing of the Aircraft under this Agreement shall continue until the earlier of (x) when the Aircraft becomes a Total Loss and Sublessor receives the Agreed Value together with any other amounts then due and unpaid under this Agreement and (y) when the Aircraft is returned prior to becoming a Total Loss, and Sublessee satisfies the Return Conditions provided thatPROVIDED THAT: (i) the obligations of Sublessee including in respect of payment of Rent Rent, including Maintenance Reserves, if any, shall continue in full force and effect until the leasing ends except that during the continuation of the requisition for hire while it does not constitute a Total Loss, Sublessee shall be released from those of its obligations that it is prevented from performing as a result of the requisition of the Aircraft; (ii) unless a Total Loss has occurred (in which case Clause 22.2 23.2 shall apply), Sublessee shall be obliged to redeliver the Aircraft to Sublessor in accordance with Clause 2324; (iii) provided no Default or Event of Default is continuing, continuing Sublessee shall be entitled to receive and retain any requisition payments made in respect of the Aircraft; and. (iv) Sublessee shall indemnify Sublessor for any Losses which Sublessor suffers (Sublessor undertakes to use its reasonable best efforts to mitigate such Losses) as a result of Sublessee returning the Aircraft to Sublessor after the Expiry Date.

Appears in 1 contract

Sources: Aircraft Sublease Agreement (Frontier Airlines Inc /Co/)