Common use of Application in Default Clause in Contracts

Application in Default. Any amount referred to in clause (i) or (ii) of paragraph (e) or in paragraph (f) of this Article 10 which is payable to Lessee shall not be paid to Lessee or, if it has been previously paid directly to Lessee, shall not be retained by Lessee, if at the time of such payment an Event or an Event of Default shall have occurred and be continuing. In such event, all such amounts shall be paid to and held by Lessor as security for the performance by Lessee of its obligations hereunder or, at Lessor's option, applied by Lessor toward payment of any such obligations of Lessee at the time due hereunder as Lessor may elect. At such time as Lessee shall have cured all Events and Events of Default, all such amounts at the time held by Lessor in excess of the amounts, if any, which Lessor shall have elected to apply as above provided shall be paid to Lessee.

Appears in 4 contracts

Samples: Lease Agreement (Hawaiian Airlines Inc/Hi), Lease Agreement (Hawaiian Airlines Inc/Hi), Lease Agreement (Hawaiian Airlines Inc/Hi)

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Application in Default. Any amount referred to in clause paragraphs (if), (g) or (ii) of paragraph (e) or in paragraph (fh) of this Article Section 10 which is payable to the Lessee shall not be paid to the Lessee or, if it has been previously paid directly to the Lessee, shall not be retained by the Lessee, if at the time of such payment an Event or an Event of Default shall have occurred and be continuing. In such event, all such amounts shall be paid to and held by the Lessor as security for the performance by obligations of the Lessee of its obligations hereunder or, at the Lessor's option, applied by the Lessor toward payment of any of such obligations of the Lessee at the time due hereunder as the Lessor may elect. At such time as Lessee there shall have cured all Events and Events not be continuing any Event of Default, all such amounts at the time held by the Lessor in excess of the amountsamount, if any, which the Lessor shall have elected to apply as above provided shall be paid to the Lessee.

Appears in 1 contract

Samples: Lease Agreement (Silicon Graphics Inc /Ca/)

Application in Default. Any amount referred to in clause (iArticle 10.5(i) or (ii) of paragraph (e) or in paragraph (f) of this Article 10 10.6 which is payable to Lessee shall not be paid to Lessee or, if it has been previously paid directly to Lessee, shall not be retained by Lessee, if at the time of such payment an Event or an Event of Default shall have occurred and be continuing. In such event, all such amounts shall be paid to and held by Lessor as security for the performance by Lessee of its obligations hereunder and under the Companion Leases or, at Lessor's ’s option, applied by Lessor toward payment of any such obligations of Lessee at the time due hereunder or thereunder as Lessor may elect. At such time as Lessee shall have cured all Events and Events of Default, all such amounts at the time held by Lessor in excess of the amounts, if any, which Lessor shall have elected to apply as above provided shall be paid to Lessee.

Appears in 1 contract

Samples: Lease Agreement (Hawaiian Holdings Inc)

Application in Default. Any amount referred to in clause (i) or (ii) of paragraph (e) or in paragraph (f) of this Article 10 which is payable to Lessee shall not be paid to Lessee or, if it has been previously paid directly to Lessee, shall not be retained by Lessee, if at the time of such payment an Event or an Event of Default Defaulft shall have occurred and be continuing. In such event, all such amounts shall be paid to and held by Lessor as security for the performance by Lessee of its obligations hereunder or, at Lessor's option, applied by Lessor toward payment of any such obligations of Lessee at the time due hereunder as Lessor may elect. At such time as Lessee shall have cured all Events and Events of Default, all such amounts at the time held by Lessor in excess of the amounts, if any, which Lessor shall have elected to apply as above provided shall be paid to Lessee.

Appears in 1 contract

Samples: Lease Agreement (Turn Works Acquisition Iii Sub a Inc)

Application in Default. Any amount referred to in clause (i) or (ii) of paragraph (eSection 11(c) or in paragraph (f) of this Article 10 which is otherwise payable to Lessee shall not be paid to Lessee Lessee, or, if it has been previously paid directly to Lessee, and not yet applied by Lessee as permitted or required hereunder shall not be retained by Lessee, delivered from Lessee to Lessor if at the time of such payment an Event or an Event of a Default shall have occurred and be continuing. In such eventcase, all such amounts shall be paid to and held by Lessor as security for the performance by obligations of Lessee of its obligations hereunder or, at the option of Lessor's option, applied by Lessor toward payment of any such of Lessee's obligations of Lessee at the time due hereunder hereunder, as Lessor may elect. At such time as Lessee there shall have cured all Events and Events of not be continuing any such Default, all such amounts at the time held by Lessor in excess of the amountsamount, if any, which Lessor shall have has elected to apply for application as provided above provided shall be paid to Lessee.

Appears in 1 contract

Samples: Aircraft Lease Agreement (Turn Works Acquisition Iii Sub a Inc)

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Application in Default. Any amount referred to in clause paragraphs (ie), (f), (g) or (ii) of paragraph (e) or in paragraph (fh) of this Article Section 10 which is payable to the Lessee shall not be paid to the Lessee or, if it has been previously paid directly to the Lessee, shall not be retained by the Lessee, if at the time of such payment an Event or an Event of Default shall have occurred and be continuing. In such event, all such amounts shall be paid to and held by the Lessor as security for the performance by obligations of the Lessee of its obligations hereunder or, at the Lessor's option, applied by the Lessor toward payment of any of such obligations of the Lessee at the time due hereunder as the Lessor may elect. At such time as Lessee there shall have cured all Events and Events not be continuing any Event of Default, all such amounts at the time held by the Lessor in excess of the amountsamount, if any, which the Lessor shall have elected to apply as above provided shall be paid to the Lessee.

Appears in 1 contract

Samples: Lease Agreement (Potash Corporation of Saskatchewan Inc)

Application in Default. Any amount referred to in clause paragraphs (i) or (ii) of paragraph d), (e) or in paragraph (f) of this Article Section 10 which is payable to the Lessee shall not be paid to the Lessee or, if it has been previously paid directly to the Lessee, shall not be retained by the Lessee, if at the time of such payment an Event or an Event of Default shall have occurred and be continuing. In such event, all such amounts shall be paid to and held by the Lessor as security for the performance by obligations of the Lessee of its obligations hereunder or, at the Lessor's option, applied by the Lessor toward payment of any of such obligations of the Lessee at the time due hereunder as the Lessor may elect. At such time as Lessee there shall have cured all Events and Events not be continuing any Event of Default, all such amounts at the time held by the Lessor in excess of the amountsamount, if any, which the Lessor shall have elected to apply as above provided shall be paid to the Lessee.

Appears in 1 contract

Samples: Lease Agreement (Travelcenters of America Inc)

Application in Default. Any amount referred to in clause paragraphs (i) or (ii) of paragraph d), (e) or in paragraph (f) of this Article SECTION 10 which is payable to the Lessee shall not be paid to the Lessee or, if it has been previously paid directly to the Lessee, shall not be retained by the Lessee, if at the time of such payment an Event or an Event of Default shall have occurred and be continuing. In such event, all such amounts shall be paid to and held by the Lessor as security for the performance by obligations of the Lessee of its obligations hereunder or, at the Lessor's option, applied by the Lessor toward payment of any of such obligations of the Lessee at the time due hereunder as the Lessor may elect. At such time as Lessee there shall have cured all Events and Events not be continuing any Event of Default, all such amounts at the time held by the Lessor in excess of the amountsamount, if any, which the Lessor shall have elected to apply as above provided shall be paid to the Lessee.

Appears in 1 contract

Samples: Lease Agreement (Ultramar Diamond Shamrock Corp)

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