Common use of Termination of Mortgage Clause in Contracts

Termination of Mortgage. (a) Upon (or at any time after) payment in full of the principal of and interest on and Break Amount, if any, and Additional Costs and all other amounts due under, or otherwise due to the Lenders hereunder and under the other Operative Documents and provided that there shall then be no other amounts due to the Lenders and the Administrative Agent hereunder or under the Credit Agreement or the other Operative Documents or otherwise secured hereby, the Administrative Agent shall execute and deliver to or as directed in writing by the Borrower an appropriate instrument releasing the Aircraft from the Lien of this Mortgage, and the Administrative 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 effect to such 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 and the Administrative Agent shall terminate (and the Administrative Agent, at the Lenders' direction, 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 the Administrative Agent, at the Lenders' direction, of all property part of the Mortgage Estate and the final distribution by the Administrative Agent of all monies or other property or proceeds constituting part of the 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 2 contracts

Samples: Mortgage and Security Agreement (Frontier Airlines Inc /Co/), Mortgage and Security Agreement (Frontier Airlines Inc /Co/)

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Termination of Mortgage. (a) Upon (or at any time after) payment in full of the principal of and interest on and Break AmountOriginal Amount of, Make-Whole Amount (if any), and Additional Costs interest on, and all other amounts due underunder all Equipment Notes, or otherwise and provided that no other Secured Obligations are then due to the Lenders hereunder Mortgage Indemnitees, the Note Holders, the Certificate Holders, and under the other Operative Documents and provided that there shall then be no other amounts due to the Lenders and the Administrative Agent Mortgagee hereunder or under the Credit Participation Agreement or the any other Operative Documents or otherwise secured herebyAgreement, the Administrative Agent Owner Trustee shall direct Mortgagee to execute and deliver to or as directed in writing by the Borrower Owner Trustee an appropriate instrument releasing the Aircraft and the Engines from the Lien of this MortgageMortgage and releasing the Lease, the Purchase Agreement, and the Administrative Agent Purchase Agreement Assignment from the assignment and Lien hereunder, and Mortgagee 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 effect to such releasenotify Lessee; provided, however, that this Mortgage and the trusts created hereby shall earlier terminate earlier, and this Mortgage shall be of no further force or effect and the rights of the Lenders and the Administrative Agent shall terminate (and the Administrative Agenteffect, at the Lenders' direction, 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 the Administrative Agent, at the Lenders' direction, Mortgagee of all property constituting part of the Mortgage Estate Collateral, and the Mortgagee's final distribution by the Administrative Agent of all monies money or other property or proceeds constituting part of the Mortgage Estate Collateral in accordance with the terms hereof. Except as aforesaid otherwise providedprovided in this (S) 10.01, 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: Note Purchase Agreement (Airtran Holdings Inc)

Termination of Mortgage. (a) (a) Upon (or at any time after) payment in full of the principal of and interest on ----------------------- and Break Amount and Swap Breakage Amount, if any, and Additional Costs and all other amounts due under, or otherwise due to the Lenders Lender hereunder and under the other Operative Documents and provided that there shall then be no other amounts due to the Lenders Lender, -------- the Administrative Agent and the Administrative Collateral Agent hereunder or under the Credit Agreement or the other Operative Documents or otherwise secured hereby, the Collateral Agent, at the Administrative Agent Agent's direction shall execute and deliver to or as directed in writing by the Borrower an appropriate instrument releasing the Aircraft from the Lien of this Mortgage, and the Collateral Agent, at the Administrative Agent Agent's direction, 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 effect to such 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 Lender and the Administrative Agent shall terminate (and the Administrative Collateral Agent, at the Lenders' Administrative Agent's direction, 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 the Administrative Collateral Agent, at the Lenders' Administrative Agent's direction, of all property part of the Mortgage Estate and the final distribution by the Administrative Agent of all monies or other property or proceeds constituting part of the 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 (Frontier Airlines Inc /Co/)

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Termination of Mortgage. (a) (a) Upon (or at any time after) payment in full of the principal of and interest on and Break Amount, if any, and Additional Costs and all other amounts due under, or otherwise due to the Lenders hereunder and under the other Operative Documents and provided that there shall then be no other amounts due to the Lenders and the Administrative Agent hereunder or under the Credit Agreement or the other Operative Documents or otherwise secured hereby, the Administrative Agent shall execute and deliver to or as directed in writing by the Borrower an appropriate instrument releasing the Aircraft from the Lien of this Mortgage, and the Administrative 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 effect to such 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 and the Administrative Agent shall terminate (and the Administrative Agent, at the Lenders' direction, 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 the Administrative Agent, at the Lenders' direction, of all property part of the Mortgage Estate and the final distribution by the Administrative Agent of all monies or other property or proceeds constituting part of the 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 (Frontier Airlines Inc /Co/)

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