Common use of Termination of Mortgage Clause in Contracts

Termination of Mortgage. Upon (or at any time after) payment in full of the Original Amount of, Make-Whole Amount, if any, and interest on and all other amounts due under all Equipment Notes and provided that there shall then be no other Secured Obligations due to the Mortgage Indemnitees, the Note Holders and Loan Trustee hereunder or under the Participation Agreement, Owner Trustee shall direct Loan Trustee to execute and deliver to or as directed in writing by Owner Trustee an appropriate instrument releasing the Aircraft and the Engines from the Lien of this Mortgage and releasing the Lease, the Guarantee, the Purchase Agreement, the Purchase Agreement Assignment with the Consent and Agreement attached thereto, and the Engine Warranty Assignment with the Engine Consent and Agreement attached thereto from the assignment and pledge thereof hereunder and Loan Trustee shall execute and deliver such instrument as aforesaid and give written notice thereof to Lessee; provided, that this Mortgage and the trusts created hereby shall earlier terminate and this Mortgage shall be of no further force or effect upon any sale or other final disposition by Loan Trustee of all property constituting part of the Collateral and the final distribution by Loan Trustee of all money or other property or proceeds constituting part of the Collateral in accordance with the terms hereof. Except as aforesaid otherwise provided, this Mortgage and the trusts created hereby shall continue in full force and effect in accordance with the terms hereof.

Appears in 1 contract

Samples: Ata Holdings Corp

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Termination of Mortgage. (a) Upon (or at any time after) ----------------------- payment in full of the Original Amount of, Make-Whole principal of and interest on and Break Amount, if any, and interest on and all other amounts due under under, or otherwise due to the Holders of, all Equipment Notes Loan Certificates and provided that (i) the Commitments shall have terminated and -------- (ii) there shall then be no other Secured Obligations amounts due to the Mortgage IndemniteesLoan Participants, the Note Holders and Loan Trustee the Security Agent hereunder or under the Participation AgreementCredit Agreement or the other Operative Documents or otherwise secured hereby, Owner Trustee the Security Agent shall direct Loan Trustee to execute and deliver to or as directed in writing by Owner Trustee the Borrower an appropriate instrument releasing each of the Aircraft and the Engines Purchase Agreements from the Lien of this Mortgage and releasing the Lease, the Guarantee, the Purchase Agreement, the Purchase Agreement Assignment with the Consent and Agreement attached theretoMortgage, and the Engine Warranty Assignment with the Engine Consent and Agreement attached thereto from the assignment and pledge thereof hereunder and Loan Trustee Security Agent shall execute and deliver such instrument as aforesaid and, at the Borrower's expense, will execute and deliver such other instruments or documents as may be reasonably requested by the Borrower to give written notice thereof effect to Lesseesuch release; provided, however, that this Mortgage and the trusts -------- ------- created hereby shall earlier terminate and this Mortgage shall be of no further force or effect and the rights of the Holders of the Loan Certificates and the Security Agent shall terminate (and the Security Agent shall release, by an appropriate instrument, the Mortgage Estate and the Aircraft from the Lien of this Mortgage) upon any sale or other final disposition by Loan Trustee the Security Agent of all property constituting part of the Collateral Mortgage Estate and the final distribution by Loan Trustee the Security Agent of all money monies or other property or proceeds constituting part of the Collateral Mortgage Estate in accordance with the terms hereof. Except as aforesaid otherwise provided, this Mortgage and the trusts created hereby shall continue in full force and effect in accordance with the terms hereof.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Midway Airlines Corp)

Termination of Mortgage. Upon (or at any time after) payment in full of the Original Amount of, Make-Whole principal of and interest on and Break Amount, if any, and interest on and all other amounts due under under, or otherwise due to the Lenders in respect of, all Equipment Notes Loan Certificates and provided that (i) the Commitments shall have terminated and (ii) there shall then be no other Secured Obligations amounts due to the Mortgage IndemniteesLenders or the Agents under the Operative Documents, the Note Holders Collateral shall automatically be release from the Lien of the Mortgage and Loan Trustee hereunder or under the Participation Agreement, Owner Security Trustee shall direct Loan Trustee to execute and deliver to or as directed in writing by Owner Trustee the Borrower an appropriate instrument releasing evidencing the Aircraft and release of the Engines Collateral from the Lien of this Mortgage and releasing the Lease, the Guarantee, the Purchase Agreement, the Purchase Agreement Assignment with the Consent and Agreement attached theretoMortgage, and the Engine Warranty Assignment with the Engine Consent and Agreement attached thereto from the assignment and pledge thereof hereunder and Loan Security Trustee shall execute and deliver such instrument as aforesaid and, at the Borrower’s expense, will execute and deliver such other instruments or documents as may be reasonably requested by the Borrower to evidence of give written notice thereof effect to Lesseesuch release; provided, however, that this Mortgage and the trusts created hereby shall earlier terminate and this Mortgage shall be of no further force or effect and the rights of the Lenders under the Loan Certificates and the Facility Agent shall terminate (and the Security Trustee shall release, by an appropriate instrument, the Collateral from the Lien of this Mortgage) upon any sale or other final disposition by Loan the Security Trustee of all property constituting part of the Collateral and the final distribution by Loan the Security Trustee of all money monies or other property or proceeds constituting part of the Collateral in accordance with the terms hereof. Except as aforesaid otherwise providedprovided and as otherwise provided in Clause 6 of the Credit Agreement, this Mortgage and the trusts created hereby shall continue in full force and effect in accordance with the terms hereof.

Appears in 1 contract

Samples: And Security Agreement (Frontier Group Holdings, Inc.)

Termination of Mortgage. (a) Upon (or at any time after) payment in full of the Original Amount ofprincipal amount of the Loans outstanding under the Credit Agreement, Make-Whole Amountand interest thereon, Breakage Loss, if any, and interest on and all other amounts due under all Equipment Notes such Loans and provided that there shall then be no other Secured Obligations due to the Mortgage IndemniteesMortgagee, the Note Holders Agent and the Loan Trustee hereunder or Participants hereunder, under the Participation Credit Agreement, Owner Trustee shall the other Basic Documents, the Mortgagor may direct Loan Trustee the Mortgagee to execute and deliver to or as directed in writing by Owner Trustee the Mortgagor an appropriate instrument prepared by the Mortgagor and reasonably satisfactory to the Mortgagee releasing the remaining Aircraft and the Engines other remaining Collateral from the Lien lien of this Mortgage and releasing the Lease, the Guarantee, the Purchase Agreement, the Purchase Agreement Assignment with the Consent and Agreement attached thereto, and the Engine Warranty Assignment with the Engine Consent and Agreement attached thereto remaining Leases from the assignment and pledge thereof hereunder and Loan Trustee the Mortgagee shall execute and deliver such instrument as aforesaid and give written notice thereof to Lesseethe remaining Lessees; provided, provided that this Mortgage and the trusts created hereby shall earlier terminate and this Mortgage shall be of no further force or effect upon any sale or other final disposition by Loan Trustee the Mortgagee of all property constituting part of the Collateral and the final distribution by Loan Trustee the Mortgagee of all money monies or other property or proceeds constituting part of the Collateral in accordance with the terms hereof. Except as aforesaid otherwise provided, this Mortgage and the trusts created hereby shall continue in full force and effect in accordance with the terms hereof.Credit Agreement [Allegiant/A319 2019]

Appears in 1 contract

Samples: Guarantee Agreement (Allegiant Travel CO)

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Termination of Mortgage. Upon (or at any time after) payment in full of the Original Amount of, Make-Whole principal of and interest on and Breakage Amount, if any, and interest on and all other amounts due under under, or otherwise due to the Note Holders holding all Equipment Notes and and, provided that there shall then be no other Secured Obligations amounts due to the Mortgage Indemnitees, the Note Holders and Loan Security Trustee hereunder or under the Participation AgreementOperative Documents and provided no Event of Default shall have occurred and be continuing, Owner Trustee Borrower shall direct Loan Security Trustee to execute and deliver to or as directed in writing by Owner Trustee Borrower an appropriate instrument releasing the Aircraft and the Engines from the Lien of this Mortgage and releasing the Lease, the Guarantee, the Purchase Agreement, the Purchase Agreement Assignment with the Consent and Agreement attached thereto, and the Engine Warranty Assignment with the Engine Consent and Agreement attached thereto Borrower Documents from the assignment and pledge thereof hereunder hereunder, and Loan Security Trustee shall execute and deliver such instrument as aforesaid and, at Borrower’s expense, will execute and deliver such other instruments or documents as may be furnished to it and reasonably requested by Borrower to give written notice thereof effect to Lesseesuch release; provided, however, that this Mortgage and the trusts created hereby shall earlier terminate and this Mortgage shall be of no further force or effect upon any sale or other final disposition by Loan Security Trustee of all property constituting part of the Collateral Mortgage Estate and the final distribution by Loan Security Trustee of all money monies or other property or proceeds constituting part of the Collateral Mortgage Estate in accordance with the terms hereof. Except as aforesaid otherwise provided, this Mortgage and the trusts created hereby shall continue in full force and effect in accordance with the terms hereof.

Appears in 1 contract

Samples: Aircraft Mortgage and Security Agreement (Skywest Inc)

Termination of Mortgage. Upon (a) This Mortgage shall terminate on the date (the “Obligations Payment Date”) on which (a) the Obligations (other than (x) contingent indemnification obligations not due and payable and (y) obligations and liabilities under any Designated Banking Product Agreement or Designated Hedging Agreement) have been paid in cash in full (or at any time after) payment cash collateralized or defeased in full accordance with the terms of the Original Amount ofLoan Documents), Make-Whole Amount, if any(b) all Commitments have been terminated, and interest on (c) there are no outstanding Letters of Credit issued and all outstanding (other amounts due under all Equipment Notes than such as have been cash collateralized or defeased in accordance with the terms of the Loan Documents). Upon termination, each Grantor may request, at such Grantor’s sole cost and provided that there shall then be no other Secured Obligations due to the Mortgage Indemniteesexpense, the Note Holders and Loan Trustee hereunder or under the Participation Agreement, Owner Trustee shall direct Loan Trustee Administrative Agent to execute and deliver to or as directed in writing by Owner Trustee such Grantor an appropriate instrument releasing the Aircraft and the Engines reasonably required to release such Grantor’s Collateral from the Lien of this Mortgage and releasing to discharge from the Lease, International Registry the Guarantee, registration of the Purchase Agreement, the Purchase Agreement Assignment International Interests constituted by this Mortgage with the Consent and Agreement attached theretorespect to such Collateral, and the Engine Warranty Assignment with the Engine Consent and Agreement attached thereto from the assignment and pledge thereof hereunder and Loan Trustee Administrative Agent shall execute and deliver such instrument as aforesaid and give written notice thereof to Lesseeat such Grantor’s expense; provided, however, that this Mortgage and in the trusts created hereby shall earlier terminate and this Mortgage shall be of no further force or effect upon event that any sale or other final disposition by Loan Trustee of all property constituting part portion of the Collateral and the final distribution by Loan Trustee is sold or otherwise disposed of all money or other property or proceeds constituting part of the Collateral in accordance with the terms hereofapplicable provisions of the Credit Agreement and this Mortgage, or is released as provided in Section 6.06(c) of the Credit Agreement or as expressly provided in this Mortgage, entitling the Grantors to a release from the Lien of this Mortgage, the Administrative Agent shall cooperate, at Grantors’ sole cost and expense, in releasing the Lien of this Mortgage from such portion of the Collateral (and (except to the extent the Borrower is not in pro forma compliance with Section 6.06(a) of the Credit Agreement after giving effect to such sale or disposition) the Proceeds thereof). Except as aforesaid otherwise provided, this Mortgage and the trusts created hereby shall continue in full force and effect in accordance with the terms hereof.. [Aircraft, Spare Engines and Spare Parts Mortgage and Security Agreement]

Appears in 1 contract

Samples: Security Agreement (Delta Air Lines Inc /De/)

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