Aircraft and Engines Clause Samples
Aircraft and Engines. (a) Section 3.19(a) of the Disclosure Letter sets forth a true and complete list, as of the date of this Agreement, of all in-service aircraft owned or leased by the Company (an “Aircraft”), including the manufacturer model, FAA registration number and vintage thereof, including the name of the lessee or sublessee thereof.
(b) All Aircraft owned or leased by the Company are registered on the FAA aircraft registry, and are in such condition as may be necessary to enable the airworthiness certification of the Aircraft with the FAA to be maintained in good standing at all times other than during temporary periods of storage, maintenance, testing or modification, or during periods of grounding by applicable governmental authorities.
(c) All Aircraft and in-service engines owned or leased by the Company as of the date of this Agreement (the “Engines”) are being maintained according to the Company’s FAA-approved maintenance program.
(d) As of the date of this Agreement, there are no Contracts (other than, with respect to an obligation to lease, existing leases covering the Aircraft identified in Section 3.19(a) of the Disclosure Letter and the Engines) pursuant to which the Company is obligated to purchase, finance or lease aircraft, engines or simulators.
(e) As of the date of this Agreement, there is no pending default under, or breach of, any lease of Aircraft or Engines to which the Company is a party.
Aircraft and Engines. The Aircraft and Engines listed in the Disclosure Letter constitute all of the Aircraft and Engines owned, legally or beneficially by the Group having a book value greater than US$ 5 million. Except as otherwise set out in the Disclosure Letter, a Group Company Party is the sole legal and beneficial owner of, and has good, valid and full legal title to, and the Company is not aware of any claim in respect of the title to, each such Aircraft and Engine.
Aircraft and Engines. Customer has concerns regarding the CFM LEAP-1B type engines installed in the Aircraft at the time of delivery. For clarity, Boeing will manufacture each Aircraft and install the appropriate CFM LEAP-1B engines to conform to the appropriate Type Certificate issued by the FAA and in accordance with Boeing’s production process and requirement.
Aircraft and Engines. 15.1 Customer has concerns regarding the General Electric GEnx type engines installed in the Aircraft at the time of delivery. For clarity, Boeing will manufacture each Aircraft and install the appropriate engines to conform to the appropriate Type Certificate issued by the FAA and in accordance with Boeing’s production process and requirement.
15.2 At the time of delivery, if Boeing and Customer mutually agree that the condition of an Aircraft requires borescope inspections, such inspection will be conducted in accordance with the relevant aircraft engine maintenance procedures.
15.3 The Aircraft Basic Price contained in the Purchase Agreement reflects an Engine Price per Aircraft [*****************************] representing [********************************] obtained by Boeing for the benefit of Customer from the engine list price per Aircraft of [************************************]. This discount does not preclude Customer from negotiating directly with the engine manufacturer [************************], as well as for technical and/or support issues. “[***]” This information is subject to confidential treatment and has been omitted and filed separately with the commission Clarifications and Understandings LA Page 6
Aircraft and Engines. 3.1 As at Initial Transfer in respect of any Initial Transfer Asset and Deferred Transfer in respect of any Deferred Asset, the Asset Owner or the Vendor, as the case may be, has full legal and beneficial title in and to such Initial Transfer Asset or Deferred Asset, owns such Initial Transfer Asset or Deferred Asset (and if the Initial Transfer Asset or Deferred Asset is an Aircraft, the Engines, Parts relating to such Aircraft) free and clear of all Encumbrances other than Permitted Encumbrances;
3.2 So far as the Vendor is aware, no Total Loss with respect to an Aircraft or Engine has occurred and the Company has not been notified in accordance with the terms of the Lease for any Aircraft or Engine that such Aircraft or Engine has been involved in any incident which has caused Material Damage to such Aircraft or Engine;
3.3 All information in Schedule 1 (Assets) and the information in a document to be agreed under the columns headed “MZFW (kg)”, “MTOW (kg)”, “MLW (kg)”, “Sharklets”, “Thrust”, “DOM” and “QEC” to the extent relating to each Aircraft and Engine is accurate
3.4 All assets of the Company are owned by the Company, free and clear of all Encumbrances other than Permitted Encumbrances and any Encumbrance in connection with any Existing Financing to be discharged by the Vendor prior to the transfer of the Sale Shares;
3.5 No option to purchase any Aircraft or Engine has been exercised by the Lessee of such Aircraft or Engine;
3.6 Except as indicated in Schedule 1 or as has been disclosed, (a) so far as the Vendor is aware, no Aircraft or Engine is subject to a sub-lease and (b) the Company has not consented to the sub-lease of any Aircraft or Engine;
3.7 No valid written notice of the termination of the leasing of any Aircraft or Engine which would have the effect of terminating the relevant Lease pursuant to any Lease Documents has been given or received by the Company;
3.8 Save as disclosed to the Purchaser, the Company has not received a written notice in respect of any matter from the Lessee of an Aircraft or Engine stating that the Lessee is making a claim with respect to such Aircraft or Engine or the applicable Lease relating to such Aircraft or Engine against, or is in dispute with the Company; and
3.9 No option to shorten or terminate any Lease has been exercised by the Lessee of any such Aircraft or Engine.
3.10 In respect of a Novated Lease on the relevant Transfer, the Lease Documents in respect of any such Aircraft or Engine are comp...
Aircraft and Engines. Delta shall make available, or cause to be made available, to SkyWest or XJet, as applicable, the Dual-Class Additional Aircraft “as is”, but in an airworthy condition as follows: [***]. Collectively, the CRJ-900 Tranche 2 Additional Aircraft Engines, the CRJ-700 Additional Aircraft Engines, and the CRJ-900 Tranche 1 Additional Aircraft Engines shall be referred to herein as the “Dual-Class Additional Aircraft Engines”.
