Common use of Retake Possession Clause in Contracts

Retake Possession. Upon the written demand of Lessor and at Lessee's expense, cause Lessee to return promptly, and Lessee shall return promptly, the Airframe and Engines or such part of the Aircraft as Lessor may so demand to Lessor or its order in the manner and condition required by, and otherwise in accordance with all the provisions of, Section 4 of Schedule 1 as if such Airframe and Engines were being returned at the expiration of the Lease Term, or Lessor at its option, may enter upon the premises where the Airframe or an Engine, or such part of the Aircraft is located and take immediate possession of and remove the same (together with any engine which is not an Engine but which is installed on the Airframe, subject to all the rights of the owner, lessor, lienor or secured party of such engine, and such engine shall be held for the account of any such owner, lessor, lienor or secured party or, if owned by Lessee, may, at the option of Lessor, be exchanged with Lessee for an Engine as if the original Engine had suffered an Event of Loss) by summary proceedings or otherwise, and Lessee waives any right it may have under applicable Law to a hearing prior to repossession of the Aircraft, Airframe or any Engine or Part (and/or, at Lessor's option, store the same at Lessee's premises until disposal thereof by Lessor), all without liability accruing to Lessor for or by reason of such entry or taking of possession or removing whether for the restoration of damage to property caused by such action or otherwise, and Lessor is hereby irrevocably by way of security for Lessee's obligations under this Lease Agreement appointed attorney for Lessee in causing the redelivery or in directing the pilots of Lessee or other pilots to fly the Aircraft to the designated location and will have all the powers and authorizations necessary for taking that action.

Appears in 2 contracts

Samples: Lease Agreement (Frontier Airlines Inc /Co/), Lease Agreement (Frontier Airlines Inc /Co/)

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Retake Possession. Upon the written demand of Lessor and at Lessee's expense, cause Lessee to return promptly, and Lessee shall return promptly, the Airframe and Engines or such part of the Aircraft as Lessor may so demand to Lessor or its order in the manner and condition required by, and otherwise in accordance with with, all the provisions of, Section 4 of Schedule 1 7 as if such Airframe and Engines were being returned at the expiration of the Lease Term, or Lessor Lessor, acting, in its individual capacity or as attorney for Lessee, at its option, may enter upon the premises where the Airframe or an Engine, or such part of the Aircraft Engine is located and take immediate possession of and remove the same (together with any engine which is not an Engine but which is installed on the Airframe, subject to all the rights of the owner, lessor, lienor or secured party of such engine, and such engine shall be held for the account of any such owner, lessor, lienor or secured party or, if owned by Lessee, may, at the option of Lessor, be exchanged with Lessee for an Engine as if in accordance with the original Engine had suffered an Event provisions of LossSection 7(b)) by summary proceedings or otherwiseother-wise, and [Amended and Restated Lease Agreement] Lessee waives any right it may have under applicable Law law to a hearing prior to repossession of the Aircraft, Airframe or any Engine or Part (and/or, at Lessor's option, store the same at Lessee's premises until disposal thereof by Lessor)Part, all without liability accruing to Lessor for or by reason of such entry or taking of possession or removing whether for the restoration of damage to property caused by such action or otherwise. Lessee acknowledges and agrees that its obligation to return the Aircraft in those instances is incontrovertible without prejudice to its right to dispute any amounts, damages, interests or other amounts claimed by Lessor upon termination of this Agreement and Lessor is hereby irrevocably by way as such this Agreement will be incontrovertible written evidence of security for Lessee's obligations under this Lease Agreement appointed attorney for Lessee in causing the redelivery or in directing the pilots such obligation of Lessee or other pilots to fly return the Aircraft which Lessor will be entitled to the designated location and will have all the powers and authorizations necessary for taking that actionenforce via injunctive orders.

Appears in 1 contract

Samples: Lease Agreement (Turn Works Acquisition Iii Sub a Inc)

Retake Possession. Upon the written demand of Lessor and at Lessee's expense, cause Lessee to return promptly, and Lessee shall return promptly, the Airframe and Engines or such part of the Aircraft as Lessor may so demand to Lessor or its order in the manner and condition required by, and otherwise in accordance with all the provisions of, Section 4 3 of Schedule 1 2 as if such Airframe and Engines or such part of the Aircraft were being returned at the expiration of the Lease Term, or Lessor at its option, may enter upon the premises where the Airframe or an Engine, or such part of the Aircraft is located and take immediate possession of and remove the same (together with any engine which is not an Engine but which is installed on the Airframe, subject to all the rights of the owner, lessor, lienor or secured party of such engine, and such engine shall be held for the account of any such owner, lessor, lienor or secured party or, if owned by Lessee, may, at the option of Lessor, be exchanged with Lessee for an Engine as if the original Engine had suffered an Event of Loss) by summary proceedings or otherwise, and Lessee waives any right it may have under applicable Law to a hearing prior to repossession of the Aircraft, Airframe or any Engine or Part part (and/or, at Lessor's option, store the same at Lessee's premises until disposal thereof by Lessor), all without liability (except for Lessor's gross negligence or willful misconduct) accruing to Lessor for or by reason of such entry or taking of possession or removing whether for the restoration of damage to property caused by such action or otherwise, and Lessor is hereby irrevocably by way of security for Lessee's obligations under this Lease Agreement appointed attorney for Lessee in causing the redelivery or in directing the pilots of Lessee or other pilots to fly the Aircraft to the designated location and will have all the powers and authorizations necessary for taking that action. It shall be deemed to be an "unlawful act," under Article 3(2) of the Rome Convention, for Lessee to retain possession of the Aircraft, Airframe or any Engine or part after Lessor shall have issued any written demand for Lessee to return the same pursuant to this Section 13.1.

Appears in 1 contract

Samples: Lease Agreement (Western Pacific Airlines Inc /De/)

Retake Possession. Upon the written demand of Lessor and at Lessee's expense, cause Lessee to return promptly, and Lessee shall return promptly, the Airframe and Engines or such part of the Aircraft as Lessor may so demand to Lessor or its order in the manner and condition required by, and otherwise in accordance with with, all the provisions of, Section 4 of Schedule 1 7 as if such Airframe and Engines were being returned at the expiration of the Lease Term, or Lessor Lessor, acting in its individual capacity or as attorney for Lessee, at its option, may enter upon the premises where the Airframe or an Engine, or such part of the Aircraft Engine is located and take immediate possession of and remove the same (together with any engine which is not an Engine but which is installed on the Airframe, subject to all the rights of the owner, lessor, lienor or secured party of such engine, and such engine shall be held for the account of any such owner, lessor, lienor or secured party or, if owned by Lessee, may, at the option of Lessor, be exchanged with Lessee for an Engine as if in accordance with the original Engine had suffered an Event provisions of LossSection 7(b)) by summary proceedings or otherwise, and Lessee waives any right it may have under applicable Law law to a hearing prior to repossession of the Aircraft, Airframe or any Engine or Part (and/or, at Lessor's option, store the same at Lessee's premises until disposal thereof by Lessor)Part, all without liability accruing to Lessor for or by reason of such entry or taking of possession or removing whether for the restoration of damage to property caused by such action or otherwise. Lessee acknowledges and agrees that its obligation to return the Aircraft in those instances is incontrovertible without prejudice to its right to dispute any amounts, damages, interests or other amounts claimed by Lessor upon termination of this Agreement and Lessor is hereby irrevocably by way as such this Agreement will be incontrovertible written evidence of security for Lessee's obligations under this Lease Agreement appointed attorney for Lessee in causing the redelivery or in directing the pilots such obligation of Lessee or other pilots to fly return the Aircraft which Lessor will be entitled to the designated location and will have all the powers and authorizations necessary for taking that action.enforce via injunctive orders. [Lease Agreement]

Appears in 1 contract

Samples: Lease Agreement (Turn Works Acquisition Iii Sub a Inc)

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Retake Possession. Upon the written demand of Lessor and at Lessee's ’s expense, cause Lessee to return promptly, and Lessee shall will return promptly, the Airframe Aircraft and Engines or such any part of thereof (including the Aircraft Documentation) as Lessor may so demand to Lessor or its order in the manner and condition required by, and otherwise in accordance with all the provisions of, Section 4 of Schedule 1 the Aircraft Lease Agreement as if such Airframe and Engines were being returned at the expiration of the Lease Term, or Lessor at its option, may enter upon the premises where the Airframe Aircraft or an Engine, or such any part of the Aircraft thereof is located and take immediate possession of and remove the same (together with any engine which is not an Engine but which is installed on the Airframe, subject to all the rights of the owner, lessor, lienor or secured party of such engine, and such engine shall will be held for the account of any such owner, lessor, lienor or secured party or, if owned by Lessee, may, at the option of Lessor, be exchanged with Lessee for an Engine as if the original Engine had suffered an Event of Loss) by summary proceedings or LATAM Shared Terms 27 otherwise, and Lessee waives any right it may have under applicable Law to a hearing prior to repossession of the Aircraft, Airframe Aircraft or any Engine or Part part thereof (and/or, at Lessor's ’s option, store the same at Lessee's ’s premises until disposal thereof by Lessor), all without liability accruing to Lessor for or by reason of such entry or taking of possession or removing whether for the restoration of damage to property caused by such action or otherwise, and Lessor is hereby irrevocably by way of security for Lessee's ’s obligations under this the Aircraft Lease Agreement appointed attorney for Lessee Xxxxxx in causing the redelivery or in directing the pilots of Lessee or other pilots to fly the Aircraft to the designated location and will have all the powers and authorizations necessary for taking that action.

Appears in 1 contract

Samples: Aircraft Lease Shared Terms (Aircastle LTD)

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