Common use of Waiver of Defenses to Repossession Clause in Contracts

Waiver of Defenses to Repossession. Neither Lessee, nor anyone claiming through or under it, shall set up, claim, invoke or seek to take advantage of any applicable Law now or hereafter in force in any jurisdiction in which the Aircraft may be situated in order to prevent, hinder or delay any effort on the part of Lessor to regain possession of the Aircraft, or re-export the Aircraft from any jurisdiction in which the Aircraft may be situated upon the occurrence of an Event of Default under Section 13.1 or the comparable clause under any Other Agreement and/or the Expiry Date and both prior and subsequent to entry of a final award or judgment, and Lessee, for itself and all who may at any time claim through or under it, hereby waives, to the full extent that it may be lawful so to do, the benefit of all such applicable Law (including any rights it may have, if any, to avail itself of the protection provided by the Convention of 1933 on the Unification of Certain Rules Relating to the Precautionary Arrest of Aircraft, or any other similar law, treaty or convention applicable to Lessee or the Aircraft which would limit the ability of Lessor to repossess or otherwise recover the Aircraft upon the occurrence and continuance of an Event of Default and/or the expiration or termination of the Lease and prior and subsequent to entry of a final award or judgment). Lessee and anyone claiming through or under it, hereby consents to an order or judgment compelling redelivery or permitting Lessor to take possession of the Aircraft upon the occurrence of an Event of Default and/or the expiration or termination of the Lease, and whether prior or subsequent to the entry of a final judgment, in any action or proceeding.

Appears in 2 contracts

Samples: Common Terms Agreement (Kitty Hawk Inc), Common Terms Agreement (Kitty Hawk Inc)

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Waiver of Defenses to Repossession. Neither LesseeSublessee, nor anyone claiming through or under it, shall set up, claim, invoke or seek to take advantage of any applicable Law now or hereafter in force in any jurisdiction in which the Aircraft may be situated in order to prevent, hinder or delay any effort on the part of Lessor Sublessor to regain possession of the Aircraft, or re-export the Aircraft from any jurisdiction in which the Aircraft may be situated upon the occurrence of an Event of Default under Section 13.1 16.1 or the comparable clause under any Other Sublease Agreement and/or the Expiry Expiration Date and both prior and subsequent to entry of a final award or judgment, and LesseeSublessee, for itself and all who may at any time claim through or under it, hereby waives, to the full extent that it may be lawful so to do, the benefit of all such applicable Law (including any rights it may have, if any, to avail itself of the protection provided by the Convention of 1933 on the Unification of Certain Rules Relating to the Precautionary Arrest of Aircraft, or any other similar law, treaty or convention applicable to Lessee Sublessee or the Aircraft which would limit the ability of Lessor Sublessor to repossess or otherwise recover the Aircraft upon the occurrence and continuance of an Event of Default and/or the expiration or termination of the Lease Sublease and prior and subsequent to entry of a final award or judgment). Lessee Sublessee and anyone claiming through or under it, hereby consents to an order or judgment compelling redelivery or permitting Lessor Sublessor to take possession of the Aircraft upon the occurrence of an Event of Default and/or the expiration or termination of the LeaseSublease, and whether prior or subsequent to the entry of a final judgment, in any action or proceeding.

Appears in 2 contracts

Samples: Transportation Services Agreement (Sun Country Airlines Holdings, Inc.), Transportation Services Agreement (Sun Country Airlines Holdings, Inc.)

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Waiver of Defenses to Repossession. Neither the Lessee, nor anyone claiming through or under it, shall set up, claim, invoke claim or seek to take advantage of any applicable Applicable Law now or hereafter in force in any jurisdiction in which the Aircraft or any portion thereof may be situated in order to prevent, hinder or delay any effort in accordance with this Lease on the part of the Lessor to regain possession of the Aircraft, Aircraft or re-export the Aircraft or any portion thereof from any jurisdiction in which the Aircraft or any portion thereof may be situated upon the occurrence of an Event of Default under Section 13.1 or and while the comparable clause under any Other Agreement and/or the Expiry Date and both prior and subsequent to entry of a final award or judgmentsame shall be continuing, and the Lessee, for itself and all who may at any time claim through or under it, hereby waives, to the full extent that it may be lawful so to do, the benefit of all such applicable Law Applicable Laws (including including, without limitation, any rights it may have, if any, to avail itself of the protection provided by the Convention of 1933 on the Unification of Certain Rules Relating to the Precautionary Arrest of Aircraft, or any other similar law, treaty or convention applicable to the Lessee or the Aircraft Aircraft) which would limit the ability of the Lessor to repossess or otherwise recover all or the Aircraft Aircraft, any Engine or any Part upon the occurrence and during the continuance of an Event of Default and/or Default. Notwithstanding anything else herein, the expiration parties acknowledge that the Bankruptcy Code affords certain rights to the Lessee as a debtor and debtor-in-possession, including the automatic stay, and that the Lessor may be required to seek relief from the Bankruptcy Court prior to taking any action for repossession or termination recovery of the Lease and prior and subsequent to entry of a final award Aircraft, any Engine or judgment). Lessee and anyone claiming through or under it, hereby consents to an order or judgment compelling redelivery or permitting Lessor to take possession of the Aircraft upon the occurrence of an Event of Default and/or the expiration or termination of the Lease, and whether prior or subsequent to the entry of a final judgment, in any action or proceedingPart.

Appears in 1 contract

Samples: Lease Agreement (Latam Airlines Group S.A.)

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