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, interest on, and all other amounts due under all Equipment Notes, and provided that no other Secured Obligations are then due to the Lenders and Mortgagee hereunder or under the Loan Agreement or other Operative Agreement, Borrower shall direct Mortgagee to execute and deliver to or as directed in writing by Borrower an appropriate instrument releasing the Aircraft and the Engines and all other Collateral from the Lien of the Mortgage, and Mortgagee shall execute and deliver such instrument; 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 Mortgagee of all property constituting part of the Collateral, and Mortgagee’s final distribution of all money or other property or proceeds constituting part of the Collateral in accordance with the terms hereof. Except as otherwise provided in this Section 11.1, 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: Loan Agreement (Airtran Holdings Inc)

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Termination of Mortgage. Upon (or at any time after) payment in full of the Original Amount ofprincipal of and interest on and Break Amount, interest onif any, and all other amounts due under all Equipment Notesunder, or otherwise due to the Lender of, the Loan Certificate and provided that (i) the Commitments shall have terminated, (ii) there shall then be no other Secured Obligations are then amounts due to the Lenders and Mortgagee hereunder or Lender under the Loan Agreement Operative Documents, and (iii) no Default or other Operative AgreementEvent of Default shall have occurred and is continuing, Borrower the Lender shall direct Mortgagee to execute and deliver to or as directed in writing by the Borrower an appropriate instrument releasing the Aircraft and the Engines and all other Collateral from the Lien of the this Mortgage, and Mortgagee the Lender shall execute and deliver such instrumentinstrument 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, terminate and this Mortgage shall be of no further force or effecteffect and the rights of the Lender shall terminate (and the Lender shall release, by an appropriate instrument, the Collateral from the Lien of this Mortgage) upon any sale or other final disposition by Mortgagee the Lender of all property constituting part of the Collateral, Collateral and Mortgagee’s the final distribution by the Lender 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 in this Section 11.1provided, 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: Credit Agreement (Pinnacle Airlines Corp)

Termination of Mortgage. Upon (or at any time after) payment in full of the Original Amount of, Make-Whole Amount (if any) on, interest on, and all other amounts due under all Equipment Notes, and provided that no other Secured Obligations are then due to the Lenders Mortgage Indemnitees, the Note Holders, and Mortgagee hereunder or under the Loan Participation Agreement or other Operative Agreement, Borrower Owner shall direct Mortgagee to execute and deliver to or as directed in writing by Borrower Owner an appropriate instrument releasing the Aircraft and the Engines and all other Collateral from the Lien of the Mortgage, and Mortgagee shall execute and deliver such instrument; 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 Mortgagee of all property constituting part of the Collateral, and Mortgagee’s 's final distribution of all money or other property or proceeds constituting part of the Collateral in accordance with the terms hereof. Except as otherwise provided in this Section 11.1(S) 11.01, 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) Upon (or at any time after) payment in full of the Original Amount ofprincipal amount of the Loans outstanding under the Credit Agreement, and interest onthereon, Breakage Loss, if any, and all other amounts due and payable under all Equipment NotesBasic Documents, and provided that there shall then be no other Secured Obligations are then due to outstanding, the Lenders and Mortgagee hereunder or under Mortgagor may direct the Loan Agreement or other Operative Agreement, Borrower shall direct Mortgagee to execute and deliver to or as directed in writing by Borrower the Mortgagor an appropriate instrument prepared by the Mortgagor and reasonably satisfactory to the Mortgagee releasing the remaining Aircraft and the Engines and all other remaining Collateral from the Lien lien of this Mortgage and releasing the Mortgage, remaining Leases from the assignment and pledge thereof hereunder and the Mortgagee shall execute and deliver such instrumentinstrument as aforesaid and give written notice thereof to the remaining Lessees; provided, provided that this Mortgage and the trusts created hereby shall earlier terminate, terminate and this Mortgage shall be of no further force or effect, effect upon any sale or other final disposition by the Mortgagee of all property constituting part of the Collateral, Collateral and Mortgagee’s the final distribution by the Mortgagee of all money monies or other property or proceeds constituting part of the Collateral in accordance with the terms hereof. Except as otherwise provided in this Section 11.1, 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 (Allegiant Travel CO)

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Termination of Mortgage. Upon Subject to Section 7.5(c) of the Loan Agreement, upon (or at any time after) payment in full of the Original Amount of, interest on, and all other amounts due under all Equipment Notes, and provided that no other Secured Obligations are then due to the Lenders and Mortgagee hereunder or under the Loan Agreement or other Operative Agreement, Borrower shall direct Mortgagee to execute and deliver to or as directed in writing by Borrower an appropriate instrument instrument(s) releasing the Aircraft and the Engines and all other Collateral from the Lien of the Mortgage and discharging from the International Registry the registration of the International Interest created by this Mortgage, and Mortgagee shall execute and deliver such instrumentinstrument(s); 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 Mortgagee of all property constituting part of the Collateral, and Mortgagee’s final distribution of all money or other property or proceeds constituting part of the Collateral in accordance with the terms hereof. Except as otherwise provided in this Section 11.1, 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: Loan Agreement (Airtran Holdings Inc)

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