Common use of Aviation Act; Aircraft; Assets Clause in Contracts

Aviation Act; Aircraft; Assets. (a) Frontier is an air carrier operating under the Operating Authorizations, which Operating Authorizations are in full force and effect, and Frontier is operating in compliance with all rules and regulations of the FAA, the DOT and the Operating Authorizations, except where the failure to maintain such Operating Authorizations or comply with such rules and regulations would not have a Frontier Material Adverse Effect. Frontier does not operate under any orders pursuant to the Essential Air Service Program of the DOT. (b) To Frontier's knowledge, all aircraft owned, leased or in the possession and control of Frontier and all other material assets of Frontier, are in sound operating condition and are being maintained in all material respects according to FAA regulatory standards, Frontier's FAA-authorized maintenance program and all other applicable laws, except where the failure to maintain such Operating Authorizations or comply with such rules and regulations would not have a West Pac Material Adverse Effect. A list of all aircraft now owned, leased or in the possession and control of Frontier is set forth on the Frontier Disclosure Schedule. Frontier has good and valid title to such assets and properties that are owned by Frontier, free and clear of any liens, claims or other encumbrances, other than (i) statutory liens for taxes not yet due, (ii) liens of carriers, warehousemen, mechanics and materialmen incurred in the ordinary course of business for sums not yet due; and (iii) liens incurred or deposits made in the ordinary course of business in connection with workers' compensation, unemployment insurance and other types of social security. Frontier has not received notice that any of its assets or properties is in violation of any existing law or any health, safety or other ordinance, code or regulation, except for violations that would not have a Frontier Material Adverse Effect. All material leases of equipment, software or other personal property to which Frontier is a party are valid and subsisting leases, and, except as terminated in the ordinary course of business, upon consummation of the transactions contemplated hereby, shall continue to entitle Frontier to the use and possession of the personal property purported to be covered thereby for the terms specified in such leases.

Aviation Act; Aircraft; Assets. (a) Frontier West Pac is an air carrier operating under a Certificate of Public Convenience and Necessity issued by the DOT under Section 401 of the Federal Aviation Act of 1958, as amended (the "Aviation Act"), and holding an air ------------ carrier operating certificate and operations specifications issued pursuant to Part 121 of the Federal Aviation Regulations issued by the FAA under the Aviation Act (collectively such certificates are called the "Operating --------- Authorizations"), which Operating Authorizations are in full force and effect, -------------- and Frontier West Pac is operating in compliance with all rules and regulations of the FAA, the DOT and the Operating Authorizations, except where the failure to maintain such Operating Authorizations or comply with such rules and regulations would not have a Frontier West Pac Material Adverse Effect. Frontier West Pac does not operate under any orders pursuant to the Essential Air Service Program of the DOT. (b) To FrontierWest Pac's knowledge, all aircraft owned, leased or in the possession and control of Frontier West Pac and all other material assets of FrontierWest Pac, are in sound operating condition and are being maintained in all material respects according to FAA regulatory standards, FrontierWest Pac's FAA-authorized maintenance program and all other applicable laws, except where the failure to maintain such Operating Authorizations or comply with such rules and regulations would not have a West Pac Material Adverse Effect. A list of all aircraft now owned, leased or in the possession and control of Frontier West Pac is set forth on the Frontier West Pac Disclosure Schedule. Frontier West Pac has good and valid title to such assets and properties that are owned by FrontierWest Pac, free and clear of any liens, claims or other encumbrances, other than (i) statutory liens for taxes not yet due, (ii) liens of carriers, warehousemen, mechanics and materialmen incurred in the ordinary course of business for sums not yet due; and (iii) liens incurred or deposits made in the ordinary course of business in connection with workers' compensation, unemployment insurance and other types of social security. Frontier West Pac has not received notice that any of its assets or properties is in violation of any existing law or any health, safety or other ordinance, code or regulation, except for violations that would not have a Frontier West Pac Material Adverse Effect. All material leases of equipment, software or other personal property to which Frontier West Pac is a party are valid and subsisting leases, and, except as terminated in the ordinary course of business, upon consummation of the transactions contemplated hereby, shall continue to entitle Frontier West Pac to the use and possession of the personal property purported to be covered thereby for the terms specified in such leases.

Aviation Act; Aircraft; Assets. (a) Frontier West Pac is an air carrier operating under a Certificate of Public Convenience and Necessity issued by the Operating AuthorizationsDOT under Section 401 of the Federal Aviation Act of 1958, as amended (the "AVIATION ACT"), and holding an air carrier operating certificate and operations specifications issued pursuant to Part 121 of the Federal Aviation Regulations issued by the FAA under the Aviation Act (collectively such certificates are called the "OPERATING AUTHORIZATIONS"), which Operating Authorizations are in full force and effect, and Frontier West Pac is operating in compliance with all rules and regulations of the FAA, the DOT and the Operating Authorizations, except where the failure to maintain such Operating Authorizations or comply with such rules and regulations would not have a Frontier West Pac Material Adverse Effect. Frontier West Pac does not operate under any orders pursuant to the Essential Air Service Program of the DOT. (b) To FrontierWest Pac's knowledge, all aircraft owned, leased or in the possession and control of Frontier West Pac and all other material assets of FrontierWest Pac, are in sound operating condition and are being maintained in all material respects according to FAA regulatory standards, FrontierWest Pac's FAA-authorized maintenance program and all other applicable laws, except where the failure to maintain such Operating Authorizations or comply with such rules and regulations would not have a West Pac Material Adverse Effect. A list of all aircraft now owned, leased or in the possession and control of Frontier West Pac is set forth on the Frontier West Pac Disclosure Schedule. Frontier West Pac has good and valid title to such assets and properties that are owned by FrontierWest Pac, free and clear of any liens, claims or other encumbrances, other than (i) statutory liens for taxes not yet due, (ii) liens of carriers, warehousemen, mechanics and materialmen incurred in the ordinary course of business for sums not yet due; and (iii) liens incurred or deposits made in the ordinary course of business in connection with workers' compensation, unemployment insurance and other types of social security. Frontier West Pac has not received notice that any of its assets or properties is in violation of any existing law or any health, safety or other ordinance, code or regulation, except for violations that would not have a Frontier West Pac Material Adverse Effect. All material leases of equipment, software or other personal property to which Frontier West Pac is a party are valid and subsisting leases, and, except as terminated in the ordinary course of business, upon consummation of the transactions contemplated hereby, shall continue to entitle Frontier West Pac to the use and possession of the personal property purported to be covered thereby for the terms specified in such leases.