Absence of Duties. In the case of the Indenture Trustee, except in accordance with written instructions furnished pursuant to Section 5.01, 5.02 or 9.01 hereof, and except as provided in, and without limiting the generality of, Sections 5.03, 5.04 and 6.09 hereof and, in the case of the Owner Trustee, except as provided in Section 4.01(b), 6.09 or 9.01 hereof and in the Trust Agreement, the Lease and the Refunding Agreement, the Owner Trustee and the Indenture Trustee shall have no duty (i) to see to any registration of the Aircraft or any recording or filing of the Lease or of this Indenture or any other document, or to see to the maintenance of any such registration, recording or filing, (ii) to see to any insurance on the Aircraft, whether or not the Lessee shall be in default with respect thereto, (iii) to see to the payment or discharge of any Lien of any kind against any part of the Trust Estate or the Trust Indenture Estate, (iv) to confirm, verify or inquire into the failure to receive any financial statements of the Lessee or (v) to inspect the Aircraft at any time or ascertain or inquire as to the performance or observance of any of the Lessee's covenants under the Lease or any of the Permitted Sublessee's covenants under any Assigned Sublease with respect to the Aircraft.
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Samples: Trust Indenture and Security Agreement (America West Airlines Inc), Trust Indenture and Security Agreement (America West Airlines Inc), Trust Indenture and Security Agreement (America West Airlines Inc)
Absence of Duties. In the case of the Indenture Trustee, except in accordance with written instructions Trust Indenture 83 - 78 - furnished pursuant to Section 5.01, 5.02 or 9.01 hereof, and except as provided in, and without limiting the generality of, Sections 5.03, 5.04 and 6.09 hereof and, in the case of the Owner Trustee, except as provided in Section 4.01(b), 6.09 or 9.01 hereof and in the Trust Agreement, the Lease and the Refunding Agreement, the Owner Trustee and the Indenture Trustee shall have no duty (i) to see to any registration of the Aircraft or any recording or filing of the Lease or of this Indenture or any other document, or to see to the maintenance of any such registration, recording or filing, (ii) to see to any insurance on the Aircraft, whether or not the Lessee shall be in default with respect thereto, (iii) to see to the payment or discharge of any Lien of any kind against any part of the Trust Estate or the Trust Indenture Estate, (iv) to confirm, verify or inquire into the failure to receive any financial statements of the Lessee or (v) to inspect the Aircraft at any time or ascertain or inquire as to the performance or observance of any of the Lessee's covenants under the Lease or any of the Permitted Sublessee's covenants under any Assigned Sublease with respect to the Aircraft.
Appears in 2 contracts
Samples: Trust Indenture and Security Agreement (America West Airlines Inc), Trust Indenture and Security Agreement (America West Airlines Inc)
Absence of Duties. In the case of the Indenture Trustee, except in accordance with written instructions furnished pursuant to Section 5.01, 5.02 or 9.01 hereof, and except as provided in, and without limiting the generality of, Sections 5.03, 5.04 and 6.09 hereof and, in the case of the Owner Trustee, except as provided in Section 4.01(b), 6.09 or 9.01 hereof and in the Trust Agreement, the Lease and the Refunding Agreement, the Owner Trustee and the Indenture Trustee shall have no duty (i) to see to any registration of the Aircraft or any recording or filing of the Lease or of this Indenture or any other document, or to see to the maintenance of any such registration, recording or filing, (ii) to see to any insurance Trust Indenture on the Aircraft, whether or not the Lessee shall be in default with respect thereto, (iii) to see to the payment or discharge of any Lien of any kind against any part of the Trust Estate or the Trust Indenture Estate, (iv) to confirm, verify or inquire into the failure to receive any financial statements of the Lessee or (v) to inspect the Aircraft at any time or ascertain or inquire as to the performance or observance of any of the Lessee's covenants under the Lease or any of the Permitted Sublessee's covenants under any Assigned Sublease with respect to the Aircraft.
Appears in 1 contract
Samples: Trust Indenture and Security Agreement (America West Airlines Inc)
Absence of Duties. In the case of the Indenture Trustee, except in accordance with written instructions furnished pursuant to Section 5.01, 5.02 or 9.01 hereof, and except as provided in, and without limiting the generality of, Sections 5.03, 5.04 and 6.09 hereof and, in the case of the Owner Trustee, except as provided in Section 4.01(b), 6.09 or 9.01 hereof and in the Trust Agreement, the Lease and the Refunding Agreement, the Owner Trustee and the Indenture Trustee shall have no duty (i) to see to any registration of the Aircraft or any recording or filing of the Lease or of this Indenture or any other document, or to see to the maintenance of any such registration, recording or filing, (ii) to see to any insurance on the Aircraft, whether or not the Lessee shall be in default with respect thereto, (iii) to see to the payment or discharge of any Lien of any kind against any part of the Trust Estate or the Trust Indenture EstateXxxxx Xxxxxxxxx Xxxxxx, (ivxx) to xx confirm, verify or inquire into the failure to receive any financial statements of the Lessee or (v) to inspect the Aircraft at any time or ascertain or inquire as to the performance or observance of any of the Lessee's covenants under the Lease or any of the Permitted Sublessee's covenants under any Assigned Sublease with respect to the Aircraft.
Appears in 1 contract
Samples: Trust Indenture and Security Agreement (America West Airlines Inc)
Absence of Duties. In the case of the Indenture Trustee, except in accordance with written instructions furnished pursuant to Section 5.01, 5.02 or 9.01 hereof, and except as provided in, and without limiting the generality of, Sections 5.03, 5.04 and 6.09 hereof and, in the case of the Owner Trustee, except as provided in Section 4.01(b), 6.09 or 9.01 hereof and in the Trust Agreement, the Lease and the Refunding Agreement, the Owner Trustee and the Indenture Trustee shall have no duty (i) to see to any registration of the Aircraft or any recording or filing of the Lease or of this Indenture or any other document, or to see to the maintenance of any such registration, recording or filing, (ii) to see to any insurance on the Aircraft, whether or not the Lessee shall be in default with respect thereto, (iii) to see to the payment or discharge of Trust Indenture any Lien of any kind against any part of the Trust Estate or the Trust Indenture Estate, (iv) to confirm, verify or inquire into the failure to receive any financial statements of the Lessee or (v) to inspect the Aircraft at any time or ascertain or inquire as to the performance or observance of any of the Lessee's covenants under the Lease or any of the Permitted Sublessee's covenants under any Assigned Sublease with respect to the Aircraft.
Appears in 1 contract
Samples: Trust Indenture and Security Agreement (America West Airlines Inc)
Absence of Duties. In the case of the Indenture Trustee, except in accordance with written instructions furnished pursuant to Section 5.01, 5.02 or 9.01 hereof, and except as provided in, and without limiting the generality of, Sections 5.03, 5.04 and 6.09 hereof and, in the case of the Owner Trustee, except as provided in Section 4.01(b), 6.09 or 9.01 hereof and in the Trust Agreement, the Lease and the Refunding Agreement, the Owner Trustee and the Indenture Trustee shall have no duty (i) to see to any registration of the Aircraft or any recording or filing of the Lease or of this Indenture or any other document, or to see to the maintenance of any such registration, recording or filing, (ii) to see to any insurance on the Aircraft, whether or not the Lessee shall be in default with respect thereto, (iii) to see to the payment or discharge of any Lien of any kind against any part of the Trust Estate or the Trust Indenture Estate, (iv) to confirm, verify or inquire into the failure to receive any financial statements of the Lessee or (v) to inspect the Aircraft at any time or ascertain or inquire as to the performance or observance of any of the Lessee's covenants under the Lease or any of the Permitted Sublessee's covenants under any Assigned Sublease with respect to the Aircraft.. Trust Indenture
Appears in 1 contract
Samples: Trust Indenture and Security Agreement (America West Airlines Inc)