Common use of ACTIONS OF THE OWNER TRUSTEE Clause in Contracts

ACTIONS OF THE OWNER TRUSTEE. Upon receipt in full by the Owner Trustee of the Commitment of the Owner Participant together with instructions (which may be oral) from the Owner Participant or its special counsel that the applicable conditions precedent set forth in Section 3.01 have been satisfied or waived by the Owner Participant, the Owner Trustee on the Delivery Date shall purchase the Aircraft from the Seller and lease the Aircraft to the Lessee. To accomplish such transactions, the Owner Trustee shall, concurrently with the actions of the Lessee pursuant to Section 2.02(c), take the following actions: (i) pay or cause to be paid an amount equal to Lessor's Cost to the Seller for the purchase of the Aircraft by transferring such amount in immediately available funds to the account specified by the Seller on or prior to the Delivery Date; (ii) authorize its representative or representatives, who shall be a person or persons designated by the Lessee and acceptable to the Owner Trustee, to accept delivery of the Aircraft pursuant to this Agreement; (iii) accept the Bills of Sale for the Aircraft; (iv) execute and deliver the Lease and the Lease Supplement; (v) deliver the Aircraft to the Lessee pursuant to the Lease; (vi) execute and deliver all other documents or certificates and take such other actions as may be required of the Owner Trustee on or before the Delivery Date pursuant to any Operative Agreement; and (vii) take such actions as may be requested by the Seller and Lessee to effect the due registration of the Aircraft with the FAA in the name of the Owner Trustee.

Appears in 3 contracts

Samples: Participation Agreement (Republic Airways Holdings Inc), Participation Agreement (Republic Airways Holdings Inc), Participation Agreement (Republic Airways Holdings Inc)

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ACTIONS OF THE OWNER TRUSTEE. Upon actual or constructive receipt in full by the Owner Trustee of the Commitment of the Owner Participant together with instructions (which may be oral) from the Owner Participant or its special counsel that the applicable conditions precedent set forth in Section 3.01 have been satisfied or waived by the Owner Participant, the Owner Trustee on the Delivery Date shall purchase the Aircraft from the Seller and lease the Aircraft to the Lessee. To accomplish such transactions, the Owner Trustee shall, concurrently with the actions of the Lessee pursuant to Section 2.02(c), take the following actions: (i) pay or cause to be paid (x) an amount equal to [*] of the Lessor's Cost to Solitair and (y) the balance of the Lessor's Cost to the Seller for Seller, in accordance with the purchase terms of the Aircraft Sections 2.01(a) and (c), by transferring such amount amounts in immediately available funds to the account specified by Solitair or the Seller Seller, as the case may be, on or prior to the Delivery Date; (ii) authorize its representative or representatives, who shall be a person or persons designated by the Lessee and acceptable to the Owner Trustee, to accept delivery of the Aircraft pursuant to this Agreement; (iii) accept the Bills of Sale for the Aircraft; (iv) execute and deliver the Lease and the Lease Supplement; (v) deliver the Aircraft to the Lessee pursuant to the Lease; (vi) execute and deliver all other documents or certificates and take such other actions as may be required of the Owner Trustee on or before the Delivery Date pursuant to any Operative Agreement; andand -------- * Confidential (vii) take such actions as may be requested by the Seller and Lessee to effect the due registration of the Aircraft with the FAA in the name of the Owner Trustee.

Appears in 2 contracts

Samples: Participation Agreement (Republic Airways Holdings Inc), Participation Agreement (Republic Airways Holdings Inc)

ACTIONS OF THE OWNER TRUSTEE. Upon receipt in full by the Owner ---------------------------- Trustee of the Commitment of the Owner Participant together with instructions (which may be oral) from the Owner Participant or its special counsel that the applicable conditions precedent set forth in Section 3.01 have been satisfied or waived by the Owner Participant, the Owner Trustee on the Delivery Date shall purchase the Aircraft from the Seller and lease the Aircraft to the Lessee. To accomplish such transactions, the Owner Trustee shall, concurrently with the actions of the Lessee pursuant to Section 2.02(c), take the following actions: : (i) pay or cause to be paid an amount equal to Lessor's Cost to the Lessee (or directly to the Seller at Lessee's direction) for the purchase of the Aircraft by transferring such amount in immediately available funds to the account specified by the Seller Lessee on or prior to the Delivery Date; ; (ii) authorize its representative or representatives, who shall be a person or persons designated by the Lessee and acceptable to the Owner Trustee, to accept delivery of the Aircraft pursuant to this Agreement; ; (iii) accept the Bills of Sale for the Aircraft; ; (iv) execute and deliver the Lease and the Lease Supplement; Supplement No. 1; (v) deliver the Aircraft to the Lessee pursuant to the Lease; ; and (vi) execute and deliver all other documents or certificates and take such other actions as may be required of the Owner Trustee on or before the Delivery Date pursuant to any Operative Agreement; and (vii) . In addition, the Owner Trustee shall take such actions as may be requested by the Seller and Lessee to effect the due registration of the Aircraft with the FAA in the name of the Owner Trustee.

Appears in 1 contract

Samples: Participation Agreement (Midway Airlines Corp)

ACTIONS OF THE OWNER TRUSTEE. Upon receipt in full by the ---------------------------- Owner Trustee of the Commitment of the Owner each Participant together with instructions (which may be oral) from the Owner each Participant or its special counsel that the applicable conditions precedent set forth in Section 3.01 have been satisfied or waived by the Owner such Participant, the Owner Trustee on the Delivery Date shall purchase the Aircraft from the Seller and Seller, lease the Aircraft to the Lessee, issue the Equipment Notes to the Pass-Through Trustee and make a security assignment of all of its right, title and interest in and to the Indenture Estate to the Indenture Trustee. To accomplish such transactions, the Owner Trustee shall, concurrently with the actions of the Lessee pursuant to Section 2.02(c), take the following actions: : (i) pay or cause to be paid an amount equal to Lessor's Cost to the Seller for the purchase of the Aircraft by transferring such amount in immediately available funds to the account specified by the Seller Lessee on or prior to the Delivery Date; ; provided that, the Owner Trustee may satisfy a -------- ---- portion of such obligation to pay Lessor's Cost by repaying directly to any lender the principal and interest on any pre-delivery deposit loans relating to the Aircraft made by such lender to the Lessee; (ii) authorize its representative or representatives, who shall be a person or persons designated by the Lessee and acceptable to the Owner Trustee, to accept delivery of the Aircraft pursuant to this Agreement; ; (iii) accept the Bills of Sale for the Aircraft; ; (iv) execute, and cause to be authenticated and delivered to each Loan Participant with respect to each Pass-Through Trust Agreement, the Equipment Notes specified, by reference to principal amounts, maturity dates and interest rates, in the Indenture; (v) execute and deliver the Lease and Lease, the Lease Supplement; , the Indenture, the Indenture Supplement and each other Operative Agreement to which it is a party; (vvi) deliver the Aircraft to the Lessee pursuant to the Lease; ; and (vivii) execute and deliver all other documents or certificates and take such other actions as may be required of the Owner Trustee on or before the Delivery Date pursuant to any Operative Agreement; and (vii) . In addition, the Owner Trustee shall take such actions as may be requested by the Seller and Lessee to effect the due registration of the Aircraft with the FAA in the name of the Owner TrusteeTrustee and to file and perfect the security interest of the Indenture Trustee in all or any part of the Indenture Estate.

Appears in 1 contract

Samples: Participation Agreement (Midway Airlines Corp)

ACTIONS OF THE OWNER TRUSTEE. Upon receipt in full by the ---------------------------- Owner Trustee (or tender by a Participant to the Lessee on behalf of the Owner Trustee) of the Commitment of the Owner each Participant together with instructions (which may be oral) from the Owner each Participant or its special counsel that the applicable conditions precedent set forth in Section 3.01 have been satisfied or waived by the Owner such Participant, the Owner Trustee on the Delivery Date shall purchase the Aircraft from the Seller and Seller, lease the Aircraft to the Lessee, issue the Equipment Notes to the Pass-Through Trustee and make a security assignment of all of its right, title and interest in and to the Indenture Estate to the Indenture Trustee. To accomplish such transactions, the Owner Trustee shall, concurrently with the actions of the Lessee pursuant to Section 2.02(c), take the following actions: : (i) pay or cause to be paid an amount equal to Lessor's Cost to the Seller Lessee (or at the direction of the Lessee, to the Seller) for the purchase of the Aircraft by transferring such amount in immediately available funds to the account specified by the Seller Lessee on or prior to the Delivery Date; ; (ii) authorize its representative or representatives, who shall be a person or persons designated by the Lessee and acceptable to the Owner Trustee, to accept delivery of the Aircraft pursuant to this Agreement; ; (iii) accept the Bills of Sale for the Aircraft; ; (iv) execute, and cause to be authenticated and delivered to each Loan Participant with respect to each Pass-Through Trust Agreement, the Equipment Notes specified, by reference to principal amounts, maturity dates and interest rates, in the Indenture; (v) execute and deliver the Lease and Lease, the Lease Supplement; , the Indenture and the Indenture Supplement; (vvi) deliver the Aircraft to the Lessee pursuant to the Lease; ; and (vivii) execute and deliver all other documents or certificates and take such other actions as may be required of the Owner Trustee on or before the Delivery Date pursuant to any Operative Agreement; and (vii) . In addition, the Owner Trustee shall take such actions as may be requested by the Seller and Lessee to effect the due registration of the Aircraft with the FAA in the name of the Owner TrusteeTrustee and to file and perfect the security interest of the Indenture Trustee in all or any part of the Indenture Estate.

Appears in 1 contract

Samples: Note Purchase Agreement (Midway Airlines Corp)

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ACTIONS OF THE OWNER TRUSTEE. Upon receipt in full by the Owner ---------------------------- Trustee of the Commitment of the Owner each Participant together with instructions (which may be oral) from the Owner each Participant or its special counsel that the applicable conditions precedent set forth in Section 3.01 have been satisfied or waived by the Owner such Participant, the Owner Trustee on the Delivery Date shall purchase the Aircraft from the Seller and Seller, lease the Aircraft to the Lessee, issue an Equipment Note to each Loan Participant and make a security assignment of all of its right, title and interest in and to the Indenture Estate to the Indenture Trustee. To accomplish such transactions, the Owner Trustee shall, concurrently with the actions of the Lessee pursuant to Section 2.02(c), take the following actions: : (i) pay or cause to be paid an amount equal to Lessor's Cost to the Seller for the purchase of the Aircraft by transferring such amount in immediately available funds to the account specified by the Seller Lessee in a funding memorandum on or prior to the Delivery Date; ; (ii) authorize its representative or representatives, who shall be a person or persons designated by the Lessee and acceptable to the Owner Trustee, to accept delivery of the Aircraft pursuant to this Agreement; ; (iii) accept the Bills of Sale for the Aircraft; ; (iv) execute, and cause to be authenticated and delivered to each Loan Participant, its Equipment Note specified, by reference to principal amount, maturity date and interest rate, in the Indenture; (v) execute and deliver the Lease and Lease, the Lease Supplement; , the Indenture and the Indenture Supplement and each other Operative Agreement to which it is a party; (vvi) deliver the Aircraft to the Lessee pursuant to the Lease; ; and (vivii) execute and deliver all other documents or certificates and take such other actions as may be required of the Owner Trustee on or before the Delivery Date pursuant to any Operative Agreement; and (vii) . In addition, the Owner Trustee shall take such actions as may be requested by the Seller and Lessee to effect the due registration of the Aircraft with the FAA in the name of the Owner TrusteeTrustee and to file and perfect the security interest of the Indenture Trustee in all or any part of the Indenture Estate.

Appears in 1 contract

Samples: Participation Agreement (Midway Airlines Corp)

ACTIONS OF THE OWNER TRUSTEE. Upon receipt in full by the Owner Trustee (or tender by a Participant to the Lessee on behalf of the Owner Trustee) of the Commitment of the Owner each Participant together with instructions (which may be oral) from the Owner each Participant or its special counsel that the applicable conditions precedent set forth in Section 3.01 have been satisfied or waived by the Owner such Participant, the Owner Trustee on the Delivery Date shall purchase the Aircraft from the Seller and Manufacturer, lease the Aircraft to the Lessee, issue the Equipment Notes to the Pass-Through Trustee and make a security assignment of all of its right, title and interest in and to the Trust Indenture Estate to the Indenture Trustee. To accomplish such transactions, the Owner Trustee shall, concurrently with the actions of the Lessee pursuant to Section 2.02(c), take the following actions: : (i) pay or cause to be paid an amount equal to Lessor's Cost to the Seller Lessee (or at the direction of the Lessee, to the Manufacturer) for the purchase of the Aircraft by transferring such amount in immediately available funds to the account specified by the Seller Lessee on or prior to the Delivery Date; ; (ii) authorize its representative or representatives, who shall be a person or persons designated by the Lessee and acceptable to the Owner Trustee, to accept delivery of the Aircraft pursuant to this Agreement; ; (iii) accept the Bills of Sale for the Aircraft; ; (iv) execute, and cause to be authenticated and delivered to each Loan Participant with respect to each Pass-Through Trust Agreement, the Equipment Notes specified, by reference to principal amounts, maturity dates and interest rates, in the Indenture; (v) execute and deliver the Lease and Lease, the Lease Supplement; , the Indenture and the Indenture Supplement; (vvi) deliver the Aircraft to the Lessee pursuant to the Lease; ; and (vivii) execute and deliver all other documents or certificates and take such other actions as may be required of the Owner Trustee on or before the Delivery Date pursuant to any Operative Agreement; and (vii) . In addition, the Owner Trustee shall take such actions as may be requested by the Seller and Lessee to effect the due registration of the Aircraft with the FAA in the name of the Owner TrusteeTrustee and to file and perfect the security interest of the Loan Trustee in all or any part of the Indenture Estate.

Appears in 1 contract

Samples: Note Purchase Agreement (Midway Airlines Corp)

ACTIONS OF THE OWNER TRUSTEE. Upon receipt in full by the Owner ---------------------------- Trustee of the Commitment of the Owner each Participant together with instructions (which may be oral) from the Owner each Participant or its special counsel that the applicable conditions precedent set forth in Section 3.01 have been satisfied or waived by the Owner such Participant, the Owner Trustee on the Delivery Date shall purchase the Aircraft from the Seller and Seller, lease the Aircraft to the Lessee, issue an Equipment Note to the Loan Participant and make a security assignment of all of its right, title and interest in and to the Indenture Estate to the Indenture Trustee. To accomplish such transactions, the Owner Trustee shall, concurrently with the actions of the Lessee pursuant to Section 2.02(c), take the following actions: : (i) pay or cause to be paid an amount equal to Lessor's Cost to the Seller for the purchase of the Aircraft by transferring such amount in immediately available funds to the account specified by the Seller Lessee on or prior to the Delivery Date; ; (ii) authorize its representative or representatives, who shall be a person or persons designated by the Lessee and acceptable to the Owner Trustee, to accept delivery of the Aircraft pursuant to this Agreement; ; (iii) accept the Bills of Sale for the Aircraft; ; (iv) execute, and cause to be authenticated and delivered to the Loan Participant, its Equipment Note specified, by reference to principal amount, maturity date and interest rate, in the Indenture; (v) execute and deliver the Lease and Lease, the Lease Supplement; , the Indenture and the Indenture Supplement and each other Operative Agreement to which it is a party; (vvi) deliver the Aircraft to the Lessee pursuant to the Lease; ; and (vivii) execute and deliver all other documents or certificates and take such other actions as may be required of the Owner Trustee on or before the Delivery Date pursuant to any Operative Agreement; and (vii) . In addition, the Owner Trustee shall take such actions as may be requested by the Seller and Lessee to effect the due registration of the Aircraft with the FAA in the name of the Owner TrusteeTrustee and to file and perfect the security interest of the Indenture Trustee in all or any part of the Indenture Estate.

Appears in 1 contract

Samples: Participation Agreement (Midway Airlines Corp)

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