Common use of Status Upon Return Clause in Contracts

Status Upon Return. Upon any Return Occasion hereunder, the Aircraft shall be: (i) free and clear of all Liens, except for the Lien of the Indenture, Head Lessor's Liens, Lessor's Liens and Lenders' Liens, (ii) duly certified as an airworthy aircraft by the FAA under Part 121 of the regulations promulgated under the Federal Aviation Act and with a current and valid Airworthiness Certificate -91- 93 installed on the Aircraft, unless such certificate shall have been suspended or revoked as a result of the suspension or revocation of the registration of the Aircraft under the Federal Aviation Act due to the ineligibility of the Aircraft to be registered in the name of Lessor under the Federal Aviation Act (whether by means of a voting trust agreement or otherwise) in which case the Aircraft shall nevertheless meet all conditions for such certification and for the issuance of such certificate; (iii) in full airworthy condition for over water and EROPS operation according to the FAA standards required to allow the Aircraft to be operated under, and in full compliance with, such Airworthiness Certificate and Part 121 of the regulations promulgated under the Federal Aviation Act for such operation, such compliance to be by means of such mechanical repairs or modifications or such inspections as may be required thereby, but not by operational restrictions, by logbook entries or other method of acceptance of such restrictions; (iv) in full compliance with Lessee's Maintenance Program; (v) to the extent the owner of the Aircraft is a "citizen of the United States" within the meaning of Section 40102(a)(15) of the Federal Aviation Act and reasonably cooperative with Lessee at Lessee's expense with respect to effecting such registration, duly registered in the name of the Lessor or other then owner of the Aircraft under the Federal Aviation Act; (vi) in full compliance with the maintenance and operation provisions of this Lease and all FAA airworthiness directives, mandatory service bulletins and equivalent requirements which by their terms require compliance on or before the last day of the Term (without regard to any deferral, waiver, deviation or exemption granted by the FAA specifically to Lessee delaying such compliance); (vii) in good and airworthy operating condition, and in the same condition (including, without limitation, in a passenger configuration suitable for passenger revenue service) as when delivered to Lessee hereunder, ordinary wear and tear excepted, with no open or outstanding deferred maintenance items, scheduled or unscheduled, with all systems and components fully serviceable and operational and with no placards restricting operation or use, and (viii) with all remaining warranties, indemnities, policies and guarantees referred to in Section 5(d) made available to Lessor in a manner and by documents in form and substance reasonably satisfactory to Lessor.

Appears in 3 contracts

Samples: Aircraft Lease Agreement (America West Airlines Inc), Aircraft Lease Agreement (America West Airlines Inc), Aircraft Lease Agreement (America West Airlines Inc)

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Status Upon Return. Upon any Return Occasion hereunder, the Aircraft shall be: (i) free and clear of all Liens, except for the Lien of the Indenture, Head Lessor's Liens, Original Head Lessee's Liens, Lessor's Liens, Lenders' Liens and Lenders' LiensLiens arising out of the Foreign Lease Agreement, (ii) duly certified as an airworthy aircraft by the FAA under Part 121 of the regulations promulgated under the Federal Aviation Act and with a current and valid Airworthiness Certificate -91- 93 installed on the Aircraft, unless such certificate shall have been suspended or revoked as a result of the suspension or revocation of the registration of the Aircraft under the Federal Aviation Act due to the ineligibility of the Aircraft to be registered in the name of Lessor under the Federal Aviation Act (whether by means of a voting trust agreement or otherwise) in which case the Aircraft shall nevertheless meet all conditions for such certification and for the issuance of such certificate; (iii) in full airworthy condition for over water and EROPS operation according to the FAA standards required to allow the Aircraft to be operated under, and in full compliance with, such Airworthiness Certificate and Part 121 of the regulations promulgated under the Federal Aviation Act for such operation, such compliance to be by means of such mechanical repairs or modifications or such inspections as may be required thereby, but not by operational restrictions, by logbook entries or other method of acceptance of such restrictions; (iv) in full compliance with Lessee's Maintenance Program; (v) to the extent the owner of the Aircraft is a "citizen of the United States" within the meaning of Section 40102(a)(15) of the Federal Aviation Act and reasonably cooperative with Lessee at Lessee's expense with respect to effecting such registration, duly registered in the name of the Lessor or other then owner of the Aircraft under the Federal Aviation Act; (vi) in full compliance with the maintenance and operation provisions of this Lease and all FAA airworthiness directives, mandatory service bulletins and equivalent requirements which by their terms require compliance on or before the last day of the Term (without regard to any deferral, waiver, deviation or exemption granted by the FAA specifically to Lessee delaying such compliance); (vii) in good and airworthy operating condition, and in the same condition (including, without limitation, in a passenger configuration suitable for passenger revenue service) as when delivered to Lessee hereunder, ordinary wear and tear excepted, with no open or outstanding deferred maintenance items, scheduled or unscheduled, with all systems and components fully serviceable and operational and with no placards restricting operation or use, and (viii) with all remaining warranties, indemnities, policies and guarantees referred to in Section 5(d) made available to Lessor in a manner and by documents in form and substance reasonably satisfactory to Lessor.tear

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

Status Upon Return. Upon any Return Occasion hereunder, the Aircraft shall be: (i) free and clear of all Liens, except for the Lien of the Indenture, Head Lessor's Liens, Original Head Lessee's Liens, Lessor's Liens, Lenders' Liens and Lenders' LiensLiens arising out of the Foreign Lease Agreement, (ii) duly certified as an airworthy aircraft by the FAA under Part 121 of the regulations promulgated under the Federal Aviation Act and with a current and valid Airworthiness Certificate -91- 93 installed on the Aircraft, unless such certificate shall have been suspended or revoked as a result of the suspension or revocation of the registration of the Aircraft under the Federal Aviation Act due to the ineligibility of the Aircraft to be registered in the name of Lessor under the Federal Aviation Act (whether by means of a voting trust agreement or otherwise) in which case the Aircraft shall nevertheless meet all conditions for such certification and for the issuance of such certificate; (iii) in full airworthy condition for over water and EROPS operation according to the FAA standards required to allow the Aircraft to be operated under, and in full compliance with, such Airworthiness Certificate and Part 121 of the - 88 - 90 regulations promulgated under the Federal Aviation Act for such operation, such compliance to be by means of such mechanical repairs or modifications or such inspections as may be required thereby, but not by operational restrictions, by logbook entries or other method of acceptance of such restrictions; (iv) in full compliance with Lessee's Maintenance Program; (v) to the extent the owner of the Aircraft is a "citizen of the United States" within the meaning of Section 40102(a)(15) of the Federal Aviation Act and reasonably cooperative with Lessee at Lessee's expense with respect to effecting such registration, duly registered in the name of the Lessor or other then owner of the Aircraft under the Federal Aviation Act; (vi) in full compliance with the maintenance and operation provisions of this Lease and all FAA airworthiness directives, mandatory service bulletins and equivalent requirements which by their terms require compliance on or before the last day of the Term (without regard to any deferral, waiver, deviation or exemption granted by the FAA specifically to Lessee delaying such compliance); (vii) in good and airworthy operating condition, and in the same condition (including, without limitation, in a passenger configuration suitable for passenger revenue service) as when delivered to Lessee hereunder, ordinary wear and tear excepted, with no open or outstanding deferred maintenance items, scheduled or unscheduled, with all systems and components fully serviceable and operational and with no placards restricting operation or use, and (viii) with all remaining warranties, indemnities, policies and guarantees referred to in Section 5(d) made available to Lessor in a manner and by documents in form and substance reasonably satisfactory to Lessor.

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

Status Upon Return. Upon any Return Occasion hereunder, the Aircraft shall be: (i) free and clear of all Liens, except for the Lien of the Indenture, Head Lessor's Liens, Lessor's Liens and Lenders' Liens, (ii) duly certified as an airworthy aircraft by the FAA under Part 121 of the regulations promulgated under the Federal Aviation Act and with a current and valid Airworthiness Certificate -91- 93 installed on the Aircraft, unless such certificate shall have been suspended or revoked as a result of the suspension or revocation of the registration of the Aircraft under the Federal Aviation Act due to the ineligibility of the Aircraft to be registered in the name of Lessor under the Federal Aviation Act (whether by means of a voting trust agreement or otherwise) in which case the Aircraft shall nevertheless meet all conditions for such certification and for the issuance of such certificate; (iii) in full airworthy condition for over water and EROPS operation according to the FAA standards required to allow the Aircraft to be operated under, and in full compliance with, such Airworthiness Certificate and Part 121 of the regulations promulgated under the Federal Aviation Act for such operation, such compliance to be by means of such mechanical repairs or modifications or such inspections as 93 may be required thereby, but not by operational restrictions, by logbook entries or other method of acceptance of such restrictions; (iv) in full compliance with Lessee's Maintenance Program; (v) to the extent the owner of the Aircraft is a "citizen of the United States" within the meaning of Section 40102(a)(15) of the Federal Aviation Act and reasonably cooperative with Lessee at Lessee's expense with respect to effecting such registration, duly registered in the name of the Lessor or other then owner of the Aircraft under the Federal Aviation Act; (vi) in full compliance with the maintenance and operation provisions of this Lease and all FAA airworthiness directives, mandatory service bulletins and equivalent requirements which by their terms require compliance on or before the last day of the Term (without regard to any deferral, waiver, deviation or exemption granted by the FAA specifically to Lessee delaying such compliance); (vii) in good and airworthy operating condition, and in the same condition (including, without limitation, in a passenger configuration suitable for passenger revenue service) as when delivered to Lessee hereunder, ordinary wear and tear excepted, with no open or outstanding deferred maintenance items, scheduled or unscheduled, with all systems and components fully serviceable and operational and with no placards restricting operation or use, and (viii) with all remaining warranties, indemnities, policies and guarantees referred to in Section 5(d) made available to Lessor in a manner and by documents in form and substance reasonably satisfactory to Lessor.

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

Status Upon Return. Upon any Return Occasion hereunder, the Aircraft shall be: (i) free and clear of all Liens, except for the Lien of the Indenture, Head Lessor's Liens, Original Head Lessee's Liens, Lessor's Liens and Lenders' Liens, (ii) duly certified as an airworthy aircraft by the FAA under Part 121 of the regulations promulgated under the Federal Aviation Act and with a current and valid Airworthiness Certificate -91- 93 installed on the Aircraft, unless such certificate shall have been suspended or revoked as a result of the suspension or revocation of the registration of the Aircraft under the Federal Aviation Act due to the ineligibility of the Aircraft to be registered in the name of Lessor under the Federal Aviation Act (whether by means of a voting trust agreement or otherwise) in which case the Aircraft shall nevertheless meet all conditions for such certification and for the issuance of such certificate; (iii) in full airworthy condition for over water and EROPS operation according to the FAA standards required to allow the Aircraft to be operated under, and in full compliance with, such Airworthiness Certificate and Part 121 of the regulations promulgated under the Federal Aviation Act for such operation, such compliance to be by means of such mechanical repairs or modifications or such inspections as may be required thereby, but not by operational restrictions, by logbook entries or other method of acceptance of such restrictions; (iv) in full compliance with Lessee's Maintenance Program; (v) to the extent the owner of the Aircraft is a "citizen of the United States" within the meaning of Section 40102(a)(15) of the Federal Aviation Act and reasonably cooperative with Lessee at Lessee's expense with respect to effecting such registration, duly registered in the name of the Lessor or other then owner of the Aircraft under the Federal Aviation Act; (vi) in full compliance with the maintenance and operation provisions of this Lease and all FAA airworthiness directives, mandatory service bulletins and equivalent requirements which by their terms require compliance on or before the last day of the Term (without regard to any deferral, waiver, deviation or exemption granted by the FAA specifically to Lessee delaying such compliance); (vii) in good and airworthy operating condition, and in the same condition (including, without limitation, in a passenger configuration suitable for passenger revenue service) as when delivered to Lessee hereunder, ordinary wear and tear excepted, with no open or outstanding deferred maintenance items, scheduled or unscheduled, with all systems and components fully serviceable and operational and with no placards restricting operation or use, and (viii) with all remaining warranties, indemnities, policies and guarantees referred to in Section 5(d) made available to Lessor in a manner and by documents in form and substance reasonably satisfactory to Lessor.airworthiness

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

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Status Upon Return. Upon any Return Occasion hereunder, the Aircraft shall be: (i) free and clear of all Liens, except for the Lien of the Indenture, Head Lessor's Liens, Lessor's Liens and Lenders' Liens, (ii) duly certified as an airworthy aircraft by the FAA under Part 121 of the regulations promulgated under the Federal Aviation Act and with a current and valid Airworthiness Certificate -91- 93 installed on the Aircraft, unless such certificate shall have been suspended or revoked as a result of the suspension or revocation of the registration of the Aircraft under the Federal Aviation Act due to the ineligibility of the Aircraft to be registered in the name of Lessor under the Federal Aviation Act (whether by means of a voting trust agreement or otherwise) in which case the Aircraft shall nevertheless meet all conditions for such certification and for the issuance of such certificate; (iii) in full airworthy condition for over water and EROPS operation according to the FAA standards required to allow the Aircraft to be operated under, and in full compliance with, such Airworthiness Certificate and Part 121 of the regulations promulgated under the Federal Aviation Act for such operation, such compliance to be by means of such mechanical repairs or modifications or such inspections as may be required thereby, but not by operational restrictions, by logbook entries or other method of acceptance of such restrictions; (iv) in full compliance with Lessee's Maintenance Program; (v) to the extent the owner of the Aircraft is a "citizen of the United States" within the meaning of Section 40102(a)(15) of the Federal Aviation Act and reasonably cooperative with Lessee at Lessee's expense with respect to effecting such registration, duly registered in the name of the Lessor or other then owner of the Aircraft under the Federal Aviation Act; (vi) in full compliance with the maintenance and operation provisions of this Lease and all FAA airworthiness directives, mandatory service bulletins and equivalent requirements which by their terms require compliance on or before the last day of the Term (without regard to any deferral, waiver, deviation or exemption granted by the FAA specifically to Lessee delaying such compliance); (vii) in - 90 - 92 good and airworthy operating condition, and in the same condition (including, without limitation, in a passenger configuration suitable for passenger revenue service) as when delivered to Lessee hereunder, ordinary wear and tear excepted, with no open or outstanding deferred maintenance items, scheduled or unscheduled, with all systems and components fully serviceable and operational and with no placards restricting operation or use, and (viii) with all remaining warranties, indemnities, policies and guarantees referred to in Section 5(d) made available to Lessor in a manner and by documents in form and substance reasonably satisfactory to Lessor.

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

Status Upon Return. Upon any Return Occasion hereunder, the Aircraft shall be: (i) free and clear of all Liens, except for the Lien of the Indenture, Head Lessor's Liens, Original Head Lessee's Liens, Lessor's Liens and Lenders' Liens, (ii) duly certified as an airworthy aircraft by the FAA under Part 121 of the regulations promulgated under the Federal Aviation Act and with a current and valid Airworthiness Certificate -91- 93 installed on the Aircraft, unless such certificate shall have been suspended or revoked as a result of the suspension or revocation of the registration of the Aircraft under the Federal Aviation Act due to the ineligibility of the Aircraft to be registered in the name of Lessor under the Federal Aviation Act (whether by means of a voting trust agreement or otherwise) in which case the Aircraft shall nevertheless meet all conditions for such certification and for the issuance of such certificate; (iii) in full airworthy condition for over water and EROPS operation according to the FAA standards required to allow the Aircraft to be operated under, and in full compliance with, such Airworthiness Certificate and Part 121 of the regulations promulgated under the Federal Aviation Act for such operation, such compliance to be by means of such mechanical repairs or modifications or such inspections as may be required thereby, but not by operational restrictions, by logbook entries or other method of acceptance of such restrictions; (iv) in full compliance with Lessee's Maintenance Program; (v) to the extent the owner of the Aircraft is a "citizen of the United States" within the meaning of Section 40102(a)(15) of the Federal Aviation Act and reasonably cooperative with Lessee at Lessee's expense with respect to effecting such registration, duly registered in the name of the Lessor or other then owner of the Aircraft under the Federal Aviation Act; (vi) in full compliance with the maintenance and operation provisions of this Lease and all FAA airworthiness directives, mandatory service bulletins and equivalent requirements which by their terms require compliance on or before the last day of the Term (without regard to any deferral, waiver, deviation or exemption granted by the FAA specifically to Lessee delaying such compliance); (vii) in good and airworthy operating condition, and in the same condition (including, without limitation, in a passenger configuration suitable for passenger revenue service) as when delivered to Lessee hereunder, ordinary wear and tear excepted, with no open or outstanding deferred maintenance items, scheduled or unscheduled, with all systems and components fully serviceable and operational and with no placards restricting operation or use, and (viii) with all remaining warranties, indemnities, policies and guarantees referred to in Section 5(d) made available to Lessor in a manner and by documents in form and substance reasonably satisfactory to Lessor.or

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

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