Common use of Assumption of Equipment Notes by Lessee Clause in Contracts

Assumption of Equipment Notes by Lessee. If, in accordance with Section 7(u) of the Participation Agreement Lessee shall assume (on a full recourse basis) all of the obligations of the Owner Trustee hereunder, under the Equipment Notes and all other Operative Documents by supplemental indenture satisfactory to the Indenture Trustee (which shall contain (i) the provisions substantially similar to Sections 6, 7, 8, 10, 11 and 12 of the Lease and (ii) other provisions necessary or advisable to effectuate such assumption), then upon delivery of such supplemental indenture, payment by Lessee of all expenses (including reasonable fees and expenses of counsel) for the Owner Trustee and the Owner Participant and delivery of an opinion of counsel for Lessee that such assumption has been duly and validly effected, the Owner Trustee shall be released and discharged from any further obligations hereunder and under the Equipment Notes and all other Operative Documents and the Owner Participant shall be released and discharged from any further obligations under the Participation Agreement and any other Operative Document to which it is a party, except with respect to any such obligations that accrued prior thereto.

Appears in 3 contracts

Samples: Trust Indenture and Security Agreement (Us Airways Inc), Trust Indenture and Security Agreement (Us Airways Inc), Trust Indenture and Security Agreement (Us Airways Inc)

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Assumption of Equipment Notes by Lessee. If, in accordance with the provisions of Section 7(u6.01(k) of the Participation Agreement Agreement, Lessee shall be entitled to assume (on a full recourse basis) all of the obligations of the Owner Trustee hereunder, hereunder and under the Equipment Notes and all other Operative Documents by a supplemental indenture satisfactory to the Indenture Loan Trustee (which shall contain (i) the provisions substantially similar to Sections 6, 7, 8, 10, 11 and 12 of the Lease and (ii) other provisions necessary or advisable to effectuate such assumption), then upon delivery of such supplemental indenture, payment by Lessee of all expenses (including reasonable fees and expenses of counsel) for the Owner Trustee and the Owner Participant and delivery of an opinion of counsel for Lessee that such assumption has been duly and validly effected, the Owner Trustee shall be released and discharged from any further obligations hereunder and under the Equipment Notes and all other Operative Documents Documents, except with respect to such obligations that accrued prior thereto and the Owner Participant shall be released and discharged from any further obligations under the Participation Agreement and any other Operative Document to which it is a party, except with respect to any such obligations that accrued prior thereto.

Appears in 1 contract

Samples: Indenture and Security Agreement (Delta Air Lines Inc /De/)

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