Common use of Absence of Certain Duties Clause in Contracts

Absence of Certain Duties. (a) Except in accordance with written instructions furnished pursuant to Section 5.1 or 5.2 and except as provided in, and without limiting the generality of, Sections 3.1 and 5.4.1 and the last sentence of Section 9.1.2, and subject to Section 4.01 of the Trust Indenture, neither Owner Trustee nor First Security shall have any duty (i) to see to any recording or filing of any Operative Agreement or of any supplement to any thereof or to see to the maintenance of any such recording or filing or any other filing of reports with the FAA or other governmental agencies, except that of First Security to comply with the FAA reporting requirements set forth in 14 C.F.R. ss. 47.45 and 14 C.F.R. ss. 47.51, and Owner Trustee shall, to the extent that information for that purpose is timely supplied by Lessee pursuant to any of the Operative Agreements, complete and timely submit (and furnish Owner Participant with a copy of) any and all reports relating to the Aircraft that may from time to time be required by the FAA or any government or governmental authority having jurisdiction, (ii) to see to any insurance on the Aircraft or to effect or maintain any such insurance, whether or not Lessee shall be in default with respect thereto, other than to forward to Owner Participant copies of all reports and other written information which Owner Trustee receives from Lessee pursuant to Section 11 of the Lease, (iii) except as provided in Section 7.3.1 or 7.3.2 of the Participation Agreement, Section 4.01 of the Trust Indenture or Section 5.4 or 6.1 hereof, to see to the payment or discharge of any tax, assessment or other governmental charge or any lien or encumbrance of any kind owing with respect to or assessed or levied against any part of the Trust Indenture Estate or the Trust Estate, except as provided in Section 6.3.9 of the Participation Agreement or (iv) to inspect Lessee's books and records with respect to the Aircraft at any time permitted pursuant to the Lease.

Appears in 8 contracts

Samples: Trust Agreement (Continental Airlines Inc /De/), Trust Agreement (Continental Airlines Inc /De/), Trust Agreement (Continental Airlines Inc /De/)

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Absence of Certain Duties. (a) Except in accordance with written instructions furnished pursuant to Section 5.1 or 5.2 and except as provided in, and without limiting the generality of, Sections 3.1 and 5.4.1 and the last sentence of Section 9.1.2, and subject to Section 4.01 of the Trust Indenture, neither Owner Trustee nor First Security shall have any duty (i) to see to any recording or filing of any Operative Agreement or of any supplement to any thereof or to see to the maintenance of any such recording or filing or any other filing of reports with the FAA or other governmental agencies, except that of First Security to comply with the FAA reporting requirements set forth in 14 C.F.R. ss. Section 47.45 and 14 C.F.R. ss. Section 47.51, and Owner Trustee shall, to the extent that information for that purpose is timely supplied by Lessee pursuant to any of the Operative Agreements, complete and timely submit (and furnish Owner Participant with a copy of) any and all reports relating to the Aircraft that may from time to time be required by the FAA or any government or governmental authority having jurisdiction, (ii) to see to any insurance on the Aircraft or to effect or maintain any such insurance, whether or not Lessee shall be in default with respect thereto, other than to forward to Owner Participant copies of all reports and other written information which Owner Trustee receives from Lessee pursuant to Section 11 of the Lease, (iii) except as provided in Section 7.3.1 or 7.3.2 of the Participation Agreement, Section 4.01 of the Trust Indenture or Section 5.4 or 6.1 hereof, to see to the payment or discharge of any tax, assessment or other governmental charge or any lien or encumbrance of any kind owing with respect to or assessed or levied against any part of the Trust Indenture Estate or the Trust Estate, except as provided in Section 6.3.9 of the Participation Agreement or (iv) to inspect Lessee's books and records with respect to the Aircraft at any time permitted pursuant to the Lease.

Appears in 3 contracts

Samples: Trust Agreement (Continental Airlines Inc /De/), Trust Agreement (Continental Airlines Inc /De/), Trust Agreement (Continental Airlines Inc /De/)

Absence of Certain Duties. (a) Except in accordance with written ------------------------- instructions furnished pursuant to Section 5.1 or 5.2 Sections 2.1, 2.2, 2.3, 6.1 and 6.2, and except as expressly provided in, in any Operative Document and without limiting the generality of, Sections 3.1 and 5.4.1 and the last sentence of Section 9.1.2, and subject to Section 4.01 of the Trust Indenture6.4, neither Owner Trustee nor First Security shall have any duty (i) to see to file, record or deposit any recording Owner Trust Document or filing of any Operative Agreement or of any supplement to any thereof or to see to the maintenance of any such recording or filing Owner Trust U.K. Document, including, without limitation, this Trust Agreement, or any other filing of reports with the FAA document, or other governmental agenciesto maintain any such filing, except that of First Security recording or deposit, or to comply with the FAA reporting requirements set forth in 14 C.F.R. ss. 47.45 and 14 C.F.R. ss. 47.51refile, and Owner Trustee shall, to the extent that information for that purpose is timely supplied by Lessee pursuant to rerecord or redeposit any of the Operative Agreements, complete and timely submit (and furnish Owner Participant with a copy of) any and all reports relating to the Aircraft that may from time to time be required by the FAA or any government or governmental authority having jurisdictionsuch document, (ii) to see obtain insurance with respect to any insurance on the Aircraft Vessel or to effect or maintain any such insurance, whether or not Lessee shall be in default with respect thereto, other than to receive and forward to the Owner Participant copies of all reports and other written information which any notices, policies, certificates or binders furnished to the Owner Trustee receives from Lessee pursuant to Section 11 of Trust by the LeaseCharterer or its insurance brokers, (iii) except as provided in Section 7.3.1 to maintain or 7.3.2 of xxxx the Participation AgreementVessel, Section 4.01 of the Trust Indenture or Section 5.4 or 6.1 hereof, (iv) to see to the payment pay or discharge of any tax, assessment or other governmental charge charge, or any lien Lien or encumbrance of any kind kind, owing with respect to or assessed or levied against any part of the Trust Indenture Estate or the Trust Estate, except as provided in Section 6.3.9 6.4, (v) to confirm, verify, investigate or inquire into the failure to receive any reports or financial statements of the Participation Agreement Charterer or the Guarantor, (ivvi) to inspect Lessee's books and records the Vessel at any time, or to ascertain or inquire as to the performance or observance of any of the covenants of the Charterer or any other Person under any Owner Trust Document or the Owner Trust U.K. Document with respect to the Aircraft at Vessel or any time permitted pursuant other part of the Trust Estate or (vii) to manage, control, use, sell, dispose of or otherwise deal with the LeaseVessel or any other part of the Trust Estate or any part thereof, except as provided in clauses (i), (ii) and (iii) of Section 6.5.

Appears in 2 contracts

Samples: Declaration and Agreement (Mobil Corp), Declaration and Agreement (Mobil Corp)

Absence of Certain Duties. (a) Except in accordance with written instructions furnished pursuant to Section 5.1 or 5.2 and except as provided in, and without limiting the generality of, Sections 3.1 and 5.4.1 and the last sentence of Section 9.1.2, and subject to Section 4.01 of the Trust Indenture, neither Owner Trustee nor First Security shall have any duty (i) to see to any recording or filing of any Operative Agreement or of any supplement to any thereof or to see to the maintenance of any such recording or filing or any other filing of reports with the FAA or other governmental agencies, except that of First Security to comply with the FAA reporting requirements set forth in 14 C.F.R. ss. 47.45 and 14 C.F.R. ss. 47.5147.51 or any successor provision, and Owner Trustee shall, to the extent that information for that purpose is timely supplied by Lessee pursuant to any of the Operative Agreements, complete and timely submit (and furnish Owner Participant with a copy of) any and all reports relating to the Aircraft that may from time to time be required by the FAA or any government or governmental authority having jurisdiction, (ii) to see to any insurance on the Aircraft or to effect or maintain any such insurance, whether or not Lessee shall be in default with respect thereto, other than to forward to Owner Participant copies of all reports and other written information which Owner Trustee receives from Lessee pursuant to Section 11 of the Lease, (iii) except as provided in Section 7.3.1 or 7.3.2 of the Participation Agreement, Section 4.01 of the Trust Indenture or Section 5.4 or 6.1 hereof, to see to the payment or discharge of any tax, assessment or other governmental charge or any lien or encumbrance of any kind owing with respect to or assessed or levied against any part of the Trust Indenture Estate or the Trust Estate, except as provided in Section 6.3.9 of the Participation Agreement or (iv) to inspect Lessee's books and records with respect to the Aircraft at any time permitted pursuant to the Lease.

Appears in 1 contract

Samples: Trust Agreement (Atlas Air Inc)

Absence of Certain Duties. (a) Except in accordance with written instructions furnished pursuant to Section 5.1 or 5.2 and except as provided in, and without limiting the generality of, Sections 3.1 and 5.4.1 and the last sentence of Section 9.1.2, and subject to Section 4.01 of the Trust Indenture, neither Owner Trustee nor First Security Wxxxx Fargo shall have any duty (i) to see to any recording or filing of any Operative Agreement or of any supplement to any thereof or to see to the maintenance of any such recording or filing or any other filing of reports with the FAA or other governmental agencies, except that of First Security Wxxxx Fargo to comply with the FAA reporting requirements set forth in 14 C.F.R. ss. § 47.45 and 14 C.F.R. ss. § 47.51, and Owner Trustee shall, to the extent that information for that purpose is timely supplied by Lessee pursuant to any of the Operative Agreements, complete and timely submit (and furnish Owner Participant with a copy of) any and all reports relating to the Aircraft that may from time to time be required by the FAA or any government or governmental authority having jurisdiction, (ii) to see to any insurance on the Aircraft or to effect or maintain any such insurance, whether or not Lessee shall be in default with respect thereto, other than to forward to Owner Participant copies of all reports and other written information which Owner Trustee receives from Lessee pursuant to Section 11 of the Lease, (iii) except as provided in Section 7.3.1 or 7.3.2 of the Participation Agreement, Section 4.01 of the Trust Indenture or Section 5.4 or 6.1 hereof, to see to the payment or discharge of any tax, assessment or other governmental charge or any lien or encumbrance of any kind owing with respect to or assessed or levied against any part of the Trust Indenture Estate or the Trust Estate, except as provided in Section 6.3.9 of the Participation Agreement or (iv) to inspect Lessee's ’s books and records with respect to the Aircraft at any time permitted pursuant to the Lease.

Appears in 1 contract

Samples: Trust Agreement (Continental Airlines Inc /De/)

Absence of Certain Duties. (a) Except in accordance with written instructions furnished pursuant to Section 5.1 or 5.2 and except as provided in, and without limiting the generality of, Sections 3.1 and 5.4.1 and the last sentence of Section 9.1.2, and subject to Section 4.01 of the Trust Indenture, neither Owner Trustee nor First Security Bank shall have any duty (i) to see to any recording or filing of any Operative Agreement or of any supplement to any thereof or to see to the maintenance of any such recording or filing or any other filing of reports with the FAA or other governmental agencies, except that of First Security Bank to comply with the FAA reporting requirements set forth in 14 C.F.R. ss. 47.45 and 14 C.F.R. ss. 47.51, and Owner Trustee shall, to the extent that information for that purpose is timely supplied by Lessee pursuant to any of the Operative Agreements, complete and timely submit (and furnish Owner Participant with a copy of) any and all reports relating to the Aircraft that may from time to time be required by the FAA or any government or governmental authority having jurisdiction, (ii) to see to any insurance on the Aircraft or to effect or maintain any such insurance, whether or not Lessee shall be in default with respect thereto, other than to forward to Owner Participant copies of all reports and other written information which Owner Trustee receives from Lessee pursuant to Section 11 of the Lease, (iii) except as provided in Section 7.3.1 or 7.3.2 of the Participation Agreement, Section 4.01 of the Trust Indenture or Section 5.4 or 6.1 hereof, to see to the payment or discharge of any tax, assessment or other governmental charge or any lien or encumbrance of any kind owing with respect to or assessed or levied against any part of the Trust Indenture Estate or the Trust Estate, except as provided in Section 6.3.9 of the Participation Agreement or (iv) to inspect Lessee's books and records with respect to the Aircraft at any time permitted pursuant to the Lease.

Appears in 1 contract

Samples: Trust Agreement (Continental Airlines Inc /De/)

Absence of Certain Duties. (a) Except in accordance with written instructions furnished pursuant to Section 5.1 or 5.2 Sections 4.1 and 4.2, and except as expressly provided inin clause (vi) of Section 2.1 or in any Owner Trustee Agreement, and without limiting the generality of, Sections 3.1 and 5.4.1 and the last sentence of Section 9.1.24.4, and subject to Section 4.01 of the Trust Indenture, neither Owner Trustee nor First Security shall not have any duty to (i) to see to any recording file, record or filing of deposit any Operative Agreement or of any supplement to any thereof or to see to the maintenance of any such recording or filing Owner Trustee Agreement, including, without limitation, this Trust Agreement, or any other filing of reports with the FAA document, or other governmental agenciesto maintain any such filing, recording or deposit, or to refile, re-record or redeposit any such document, except that of First Security to comply with the FAA reporting requirements set forth in 14 C.F.R. ss. 47.45 and 14 C.F.R. ss. 47.51, and Owner Trustee shall, upon written request by the Lessee or the Owner Participant, sign and file such documents as Lessee or the Owner Participant prepares as necessary to maintain the filing and recordation for the Lease, any Lease Supplement, the Indenture and any Indenture Supplement in the name of the Owner Trustee with the STB [Trust Agreement (GARC II 98-A)] pursuant to 49 U.S.C. (S)11301 of the Act or the Registrar General of Canada pursuant to Section 90 of the Railway Act of Canada, or as otherwise required under applicable law, and to the extent that information such documents for that purpose is timely are supplied by the Lessee pursuant to any of the Operative Agreements, complete and timely submit (and furnish Owner Participant with a copy of) any and all such documents and reports relating with respect to the Aircraft that Accepted Units which may from time to time be required by the FAA STB, the AAR, or any government or governmental other authority having jurisdiction, (ii) to see obtain insurance with respect to any insurance on the Aircraft Accepted Unit or to effect or maintain any such insurance, whether or not Lessee shall be in default with respect thereto, other than to receive and forward to the Owner Participant copies of all reports and other written information which any notices, policies, certificates or binders furnished to the Owner Trustee receives from by the Lessee pursuant to Section 11 of the Leaseor its insurance brokers, (iii) except as provided in Section 7.3.1 maintain or 7.3.2 of the Participation Agreementxxxx any Accepted Unit, Section 4.01 of the Trust Indenture or Section 5.4 or 6.1 hereof, to see to the payment (iv) pay or discharge of any tax, assessment or other governmental charge charge, or any lien Lien or encumbrance of any kind kind, owing with respect to or assessed or levied against any part of the Trust Indenture Estate or the Trust Estate, except as provided in Sections 4.4 or 5.1, and Section 6.3.9 6.3 of the Participation Agreement (v) confirm, verify, investigate or inquire into the failure to receive any reports or financial statements of the Lessee, (ivvi) inspect the Accepted Equipment at any time, or ascertain or inquire as to inspect Lessee's books and records the performance or observance of any of the covenants of the Lessee or any other Person under any Operative Agreement or Owner Trustee Agreement with respect to any Accepted Unit or any other part of the Aircraft at Trust Estate or (vii) manage, control, use, sell, dispose of or otherwise deal with any time permitted pursuant to Accepted Unit or any other part of the LeaseTrust Estate, or any part thereof, except as provided in clauses (i), (ii) and (iii) of Section 4.5.

Appears in 1 contract

Samples: Trust Agreement (General American Railcar Corp Ii)

Absence of Certain Duties. (a) Except in accordance with written instructions furnished pursuant to Section 5.1 or 5.2 and except as provided in, and without limiting the generality of, Sections 3.1 and 5.4.1 and the last sentence of Section 9.1.2, and subject to Section 4.01 of the Trust Indenture, neither Owner Trustee nor First Security Xxxxx Fargo shall have any duty (i) to see to any recording or filing of any Operative Agreement or of any supplement to any thereof or to see to the maintenance of any such recording or filing or any other filing of reports with the FAA or other governmental agencies, except that of First Security Xxxxx Fargo to comply with the FAA reporting requirements set forth in 14 C.F.R. ss. 47.45 and 14 C.F.R. ss. 47.51, and Owner Trustee shall, to the extent that information for that purpose is timely supplied by Lessee pursuant to any of the Operative Agreements, complete and timely submit (and furnish Owner Participant with a copy of) any and all reports relating to the Aircraft that may from time to time be required by the FAA or any government or governmental authority having jurisdiction, (ii) to see to any insurance on the Aircraft or to effect or maintain any such insurance, whether or not Lessee shall be in default with respect thereto, other than to forward to Owner Participant copies of all reports and other written information which Owner Trustee receives from Lessee pursuant to Section 11 of the Lease, (iii) except as provided in Section 7.3.1 or 7.3.2 of the Participation Agreement, Section 4.01 of the Trust Indenture or Section 5.4 or 6.1 hereof, to see to the payment or discharge of any tax, assessment or other governmental charge or any lien or encumbrance of any kind owing with respect to or assessed or levied against any part of the Trust Indenture Estate or the Trust Estate, except as provided in Section 6.3.9 of the Participation Agreement or (iv) to inspect Lessee's books and records with respect to the Aircraft at any time permitted pursuant to the Lease.

Appears in 1 contract

Samples: Trust Agreement (Continental Airlines Inc /De/)

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Absence of Certain Duties. (a) Except in accordance with written instructions furnished pursuant to Section 5.1 5.01 or 5.2 5.02 hereof and except as provided in, and without limiting the generality of, Sections 3.1 3.01, 5.04 and 5.4.1 5.05 hereof and the last sentence of Section 9.1.2, and subject to Section 4.01 of the Trust Indenture9.01(b) hereof, neither the Owner Trustee nor First Security SBC shall have any duty (i) to see to any recording or filing of any Operative Agreement or of any supplement to any thereof or to see to the maintenance of any such recording or filing or any other filing of reports with the FAA Federal Aviation Administration or other governmental agencies, except that of First Security SBC in its individual capacity agrees to comply with the FAA Federal Aviation Administration reporting requirements set forth in 14 C.F.R. ss. Section 47.45 and 14 C.F.R. ss. Section 47.51, and the Owner Trustee shall, to the extent that information for that purpose is timely supplied by Lessee and approved by the Owner Participant pursuant to any of the Operative Agreements, complete and timely submit (and furnish the Owner Participant with a copy of) any and all reports relating to the Aircraft that which may from time to time be required by the FAA Federal Aviation Administration or any government or governmental authority having jurisdiction, (ii) to see to any insurance on the Aircraft or to effect or maintain any such insurance, whether or not Lessee shall be in default with respect thereto, other than to forward to the Owner Participant copies of all reports and other written information which the Owner Trustee receives from Lessee pursuant to Section 11 of the Lease, (iii) except as provided in Section 7.3.1 or 7.3.2 of the Participation Agreement, Section 4.01 of the Trust Indenture or Section 5.4 or 6.1 hereof, to see to the payment or discharge of any tax, assessment or other governmental charge or any lien or encumbrance of any kind owing with respect to or to, assessed or levied against any part of the Trust Indenture Estate or the Trust Estate, except as provided in Section 6.3.9 5.04 hereof, Section 4.01(ii) or 4.02 of the Trust Indenture or Section 8(g) of the Participation Agreement Agreement, or (iv) to inspect Lessee's books and records with respect to the Aircraft at any time permitted pursuant to the Lease. Notwithstanding the foregoing, the Owner Trustee will furnish to the Indenture Trustee and the Owner Participant, promptly upon receipt thereof, duplicates or copies of all reports, notices, requests, demands, certificates, financial statements and other instruments furnished to the Owner Trustee under the Lease or any other Operative Agreement to the extent that any of the same shall not state on its face or otherwise that it has been so distributed.

Appears in 1 contract

Samples: Trust Agreement (Southwest Airlines Co)

Absence of Certain Duties. (a) Except in accordance with written instructions furnished pursuant to Section 5.1 or 5.2 and except as provided in, and without limiting the generality of, Sections 3.1 and 5.4.1 and the last sentence of Section 9.1.2, and subject to Section 4.01 of the Trust Indenture, neither Owner Trustee nor First Security shall have any duty (i) to see to any recording or filing of any Operative Agreement or of any supplement to any thereof or to see to the maintenance of any such recording or filing or any other filing of reports with the FAA or other governmental agencies, except that of First Security to comply with the FAA reporting requirements set forth in 14 C.F.R. ss. Section 47.45 and 14 C.F.R. ss. Section 47.51, and Owner Trustee shall, to the extent that information for that purpose is timely supplied by Lessee pursuant to any of the Operative Agreements, complete and timely submit (and furnish Owner Participant with a copy of) any and all reports relating to the Aircraft that may from time to time be required by the FAA or any government or governmental authority having jurisdiction, (ii) to see to any insurance on the Aircraft or to effect or maintain any such insurance, whether or not Lessee shall be in default with respect thereto, other than to forward to Owner Participant copies of all reports and other written information which Owner Trustee receives from Lessee pursuant to Section 11 of the Lease, (iii) except as TRUST AGREEMENT BASE 389 11 provided in Section 7.3.1 or 7.3.2 of the Participation Agreement, Section 4.01 of the Trust Indenture or Section 5.4 or 6.1 hereof, to see to the payment or discharge of any tax, assessment or other governmental charge or any lien or encumbrance of any kind owing with respect to or assessed or levied against any part of the Trust Indenture Estate or the Trust Estate, except as provided in Section 6.3.9 of the Participation Agreement or (iv) to inspect Lessee's books and records with respect to the Aircraft at any time permitted pursuant to the Lease.

Appears in 1 contract

Samples: Lease Agreement (Continental Airlines Inc /De/)

Absence of Certain Duties. (a) Except in accordance with written instructions furnished pursuant to Section 5.1 or 5.2 and except as provided in, and without limiting the generality of, Sections 3.1 and 5.4.1 and the last sentence of Section 9.1.2, and subject to Section 4.01 of the Trust Indenture, neither Owner Trustee nor First Security shall have any duty (i) to see to any recording or filing of any Operative Agreement or of any supplement to any thereof or to see to the maintenance of any such recording or filing or any other filing of reports with the FAA or other governmental agencies, except that of First Security to comply with the FAA reporting requirements set forth in 14 C.F.R. ss. 47.45 and 14 C.F.R. ss. 47.51, and Owner Trustee shall, to the extent that information informatioN for that purpose is timely supplied by Lessee pursuant to any of the Operative Agreements, complete and timely submit (and furnish Owner Participant with a copy of) any and all reports relating to the Aircraft that may from time to time be required by the FAA or any government or governmental authority having jurisdiction, (ii) to see to any insurance on the Aircraft or to effect or maintain any such insurance, whether or not Lessee shall be in default with respect thereto, other than to forward to Owner Participant copies of all reports and other written information which Owner Trustee receives from Lessee pursuant to Section 11 of the Lease, (iii) except as provided in Section 7.3.1 or 7.3.2 of the Participation Agreement, Section 4.01 of the Trust Indenture or Section 5.4 or 6.1 hereof, to see to the payment or discharge of any tax, assessment or other governmental charge or any lien or encumbrance of any kind owing with respect to or assessed or levied against any part of the Trust Indenture Estate or the Trust Estate, except as provided in Section 6.3.9 of the Participation Agreement or (iv) to inspect Lessee's books and records with respect to the Aircraft at any time permitted pursuant to the Lease.

Appears in 1 contract

Samples: Trust Agreement (Continental Airlines Inc /De/)

Absence of Certain Duties. (a) Except in accordance with written instructions furnished pursuant to Section 5.1 or 5.2 and except as provided in, and without limiting the generality of, Sections 3.1 and 5.4.1 and the last sentence of Section 9.1.2, and subject to Section 4.01 of the Trust Indenture, neither Owner Trustee nor First Security Wxxxx Fargo shall have any duty (i) to see to any recording or filing of any Operative Agreement or of any supplement to any thereof or to see to the maintenance of any such recording or filing or any other filing of reports with the FAA or other governmental agencies, except that of First Security Wxxxx Fargo to comply with the FAA reporting requirements set forth in 14 C.F.R. ss. 47.45 and 14 C.F.R. ss. 47.51, and Owner Trustee shall, to the extent that information for that purpose is timely supplied by Lessee pursuant to any of the Operative Agreements, complete and timely submit (and furnish Owner Participant with a copy of) any and all reports relating to the Aircraft that may from time to time be required by the FAA or any government or governmental authority having jurisdiction, (ii) to see to any insurance on the Aircraft or to effect or maintain any such insurance, whether or not Lessee shall be in default with respect thereto, other than to forward to Owner Participant copies of all reports and other written information which Owner Trustee receives from Lessee pursuant to Section 11 of the Lease, (iii) except as provided in Section 7.3.1 or 7.3.2 of the Participation Agreement, Section 4.01 of the Trust Indenture or Section 5.4 or 6.1 hereof, to see to the payment or discharge of any tax, assessment or other governmental charge or any lien or encumbrance of any kind owing with respect to or assessed or levied against any part of the Trust Indenture Estate or the Trust Estate, except as provided in Section 6.3.9 of the Participation Agreement or (iv) to inspect Lessee's books and records with respect to the Aircraft at any time permitted pursuant to the Lease.

Appears in 1 contract

Samples: Trust Agreement (Continental Airlines Inc /De/)

Absence of Certain Duties. (a) Except in accordance with written instructions furnished pursuant to Section 5.1 or 5.2 and except as provided in, and without limiting the generality of, Sections 3.1 and 5.4.1 and the last sentence of Section 9.1.2, and subject to Section 4.01 of the Trust Indenture, neither Owner Trustee nor First Security shall have any duty (i) to see to any recording or filing of any Operative Agreement or of any supplement to any thereof or to see to the maintenance of any such recording or filing or any other filing of reports with the FAA or other governmental agencies, except that of First Security to comply with the FAA reporting requirements set forth in 14 C.F.R. ss. Section 47.45 and 14 C.F.R. ss. 47.51Section 47.51 or any successor provision, and Owner Trustee shall, to the extent that information for that purpose is timely supplied by Lessee pursuant to any of the Operative Agreements, complete and timely submit (and furnish Owner Participant with a copy of) any and all reports relating to the Aircraft that may from time to time be required by the FAA or any government or governmental authority having jurisdiction, (ii) to see to any insurance on the Aircraft or to effect or maintain any such insurance, whether or not Lessee shall be in default with respect thereto, other than to forward to Owner Participant copies of all reports and other written information which Owner Trustee receives from Lessee pursuant to Section 11 of the Lease, (iii) except as provided in Section 7.3.1 or 7.3.2 of the Participation Agreement, Section 4.01 of the Trust Indenture or Section 5.4 or 6.1 hereof, to see to the payment or discharge of any tax, assessment or other governmental charge or any lien or encumbrance of any kind owing with respect to or assessed or levied against any part of the Trust Indenture Estate or the Trust Estate, except as provided in Section 6.3.9 of the Participation Agreement or (iv) to inspect Lessee's books and records with respect to the Aircraft at any time permitted pursuant to the Lease.

Appears in 1 contract

Samples: Trust Agreement (Atlas Air Inc)

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