Common use of Slots Clause in Contracts

Slots. Section 3.1(s) of the West Disclosure Letter sets forth a true, correct and complete list of all takeoff and landing slots and other similar takeoff and landing rights ("West Slots") used by West or any of its Subsidiaries on the date hereof at any domestic or international airport, including a true, correct and complete list of all West Slot lease agreements. West and its Subsidiaries will have complied in all material respects with the requirements of the regulations issued under the Federal Aviation Act and any other Laws with respect to the West Slots. Neither West nor any of its Subsidiaries has received any notice of any proposed withdrawal of the West Slots by the FAA, the DOT or any other Governmental Entity. The West Slots have not been designated for the provision of essential air services in accordance with the regulations issued under the Federal Aviation Act, were not acquired pursuant to 14 C.F.R. Section 93.219 and have not been designated for international operations, as more fully detailed in 14 C.F.R. Section 93.217. To the extent covered by 14 C.F.R. Section 93.227, West and its Subsidiaries have used each West Slot either at least 80% of the maximum amount that each West Slot could have been used during each full and partial reporting period (as described in 14 C.F.R. Section 93.227(i)) or such greater or lesser amount of minimum usage as may have been required to protect such West Slot's authorization from termination or withdrawal under regulations established by any Governmental Entity or airport authority. All reports required by the FAA or any Governmental Entity relating to the West Slots have been filed in a timely manner. Neither West nor any of its Subsidiaries has agreed to any West Slot slide, West Slot trade, West Slot purchase, West Slot sale or other transfer of any of the West Slots.

Appears in 1 contract

Samples: Agreement and Plan of Merger (America West Airlines Inc)

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Slots. Section 3.1(s3.2(t) of the West East Disclosure Letter sets forth a true, correct and complete list of all takeoff and landing slots and other similar takeoff and landing rights ("West East Slots") used by West East or any of its Subsidiaries on the date hereof at any domestic or international airport, including a true, correct and complete list of all West East Slot lease agreements. West East and its Subsidiaries will have complied in all material respects with the requirements of the regulations issued under the Federal Aviation Act and any other Laws with respect to the West East Slots. Neither West East nor any of its Subsidiaries has received any notice of any proposed withdrawal of the West East Slots by the FAA, the DOT or any other Governmental Entity. The West East Slots have not been designated for the provision of essential air services in accordance with the regulations issued under the Federal Aviation Act, were not acquired pursuant to 14 C.F.R. Section 93.219 and have not been designated for international operations, as more fully detailed in 14 C.F.R. Section 93.217. To the extent covered by 14 C.F.R. Section 93.227, West East and its Subsidiaries have used each West East Slot either at least 80% of the maximum amount that each West East Slot could have been used during each full and partial reporting period (as described in 14 C.F.R. Section 93.227(i)) or such greater or lesser amount of minimum usage as may have been required to protect such West East Slot's authorization from termination or withdrawal under regulations established by any Governmental Entity or airport authority. All reports required by the FAA or any Governmental Entity relating to the West East Slots have been filed in a timely manner. Neither West East nor any of its Subsidiaries has agreed to any West East Slot slide, West East Slot trade, West East Slot purchase, West East Slot sale or other transfer of any of the West East Slots.

Appears in 1 contract

Samples: Agreement and Plan of Merger (America West Airlines Inc)

Slots. Section 3.1(s) of the West Disclosure Letter sets forth a true, correct and complete list of all takeoff and landing slots and other similar takeoff and landing rights ("West Slots") used by West or any of its Subsidiaries on the date hereof at any domestic or international airport, including a true, correct and complete list of all West Slot lease agreements. West and its Subsidiaries will have complied in all material respects with the requirements of the regulations issued under the Federal Aviation Act and any other Laws with respect to the West Slots. Neither West nor any of its Subsidiaries has received any notice of any proposed withdrawal of the West Slots by the FAA, the DOT or any other Governmental Entity. The West Slots have not been designated for the provision of essential air services in accordance with the regulations issued under the Federal Aviation Act, were not acquired pursuant to 14 C.F.R. Section § 93.219 and have not been designated for international operations, as more fully detailed in 14 C.F.R. Section § 93.217. To the extent covered by 14 C.F.R. Section § 93.227, West and its Subsidiaries have used each West Slot either at least 80% of the maximum amount that each West Slot could have been used during each full and partial reporting period (as described in 14 C.F.R. Section § 93.227(i)) or such greater or lesser amount of minimum usage as may have been required to protect such West Slot's ’s authorization from termination or withdrawal under regulations established by any Governmental Entity or airport authority. All reports required by the FAA or any Governmental Entity relating to the West Slots have been filed in a timely manner. Neither West nor any of its Subsidiaries has agreed to any West Slot slide, West Slot trade, West Slot purchase, West Slot sale or other transfer of any of the West Slots.

Appears in 1 contract

Samples: Agreement and Plan of Merger

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Slots. Section 3.1(s3.2(t) of the West East Disclosure Letter sets forth a true, correct and complete list of all takeoff and landing slots and other similar takeoff and landing rights ("West “East Slots") used by West East or any of its Subsidiaries on the date hereof at any domestic or international airport, including a true, correct and complete list of all West East Slot lease agreements. West East and its Subsidiaries will have complied in all material respects with the requirements of the regulations issued under the Federal Aviation Act and any other Laws with respect to the West East Slots. Neither West East nor any of its Subsidiaries has received any notice of any proposed withdrawal of the West East Slots by the FAA, the DOT or any other Governmental Entity. The West East Slots have not been designated for the provision of essential air services in accordance with the regulations issued under the Federal Aviation Act, were not acquired pursuant to 14 C.F.R. Section § 93.219 and have not been designated for international operations, as more fully detailed in 14 C.F.R. Section § 93.217. To the extent covered by 14 C.F.R. Section § 93.227, West East and its Subsidiaries have used each West East Slot either at least 80% of the maximum amount that each West East Slot could have been used during each full and partial reporting period (as described in 14 C.F.R. Section § 93.227(i)) or such greater or lesser amount of minimum usage as may have been required to protect such West East Slot's ’s authorization from termination or withdrawal under regulations established by any Governmental Entity or airport authority. All reports required by the FAA or any Governmental Entity relating to the West East Slots have been filed in a timely manner. Neither West East nor any of its Subsidiaries has agreed to any West East Slot slide, West East Slot trade, West East Slot purchase, West East Slot sale or other transfer of any of the West East Slots.

Appears in 1 contract

Samples: Agreement and Plan of Merger

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