Condition Upon Return. On the Date of Return, (other than in connection with a return of the Undivided Interest by the Facility Lessee pursuant to SECTION 13 or SECTION 14), the Facility Lessee agrees that the following conditions (the "RETURN CONDITIONS") shall be satisfied or waived, whereupon this Facility Lease shall terminate:
(a) the Facility will be in at least as good condition as it would have been in if it had been maintained during the Facility Lease Term in compliance with the provisions of this Facility Lease (including, without limitation, SECTION 7), ordinary wear and tear excepted; and the Owner Lessor shall be entitled to exercise its right pursuant to the Designated Representative Agreement to appoint itself or a party of its choosing, in its sole discretion, as the designated account representative on file with the EPA or DEP (as the case may be) to be allocated any emission allowances granted by such agencies with respect to the Facility on or after the Termination Date, and all such emission allowances shall be for the exclusive account of the Owner Lessor (and the Facility Lessee shall take such action as the Owner Lessor may reasonably request which the Owner Lessor deems necessary to obtain such allowances);
(b) the Facility Lessee shall, to the extent permitted by Requirements of Law and the provisions of such licenses or permits, assign an undivided interest equal to the Owner Lessor's Percentage to the Owner Lessor or its transferee or designee in, and shall cooperate with all reasonable requests of the Owner Participant, the Owner Lessor or any transferee or designee of either such Person for purposes of obtaining, or enabling the Owner Participant, the Owner Lessor or such transferee or designee to obtain, any and all licenses and permits of any Governmental Authorities or other Persons that are or will be required to be obtained by the Owner Participant, the Owner Lessor or such transferee or designee in connection with the use, operation or maintenance of the Undivided Interest that are not already in the name of the Owner Lessor or a transferee or designee, as the case may be on or after such return as required by Requirements of Law;
(c) the Facility Lessee shall provide the Owner Lessor or its transferee or designee with originals or copies of all documents, instruments, plans, maps, specifications, manuals, drawings and other documentary materials relating to the installation, maintenance, operation, construction, design, modification and repai...
Condition Upon Return. Unless purchased by Lessee, upon the expiration, cancellation, or other termination of the Lease, Lessee will return the Aircraft (together with all Records) to Lessor at a location specified by the Lessor within the continental U.S. The Aircraft shall be fully equipped with the Engines or the same number, make, and model of engines as are set forth on Schedule No. 1, which shall fully comply with the Lease, and which, in the opinion of Lessor, have the same or improved utility, value, useful life, performance, and efficiency (normal wear and tear excepted) as the Engines had on the Acceptance Date and are suitable for use on the Airframe and owned by Lessor and properly installed thereon. The Aircraft, at Lessee's expense, upon redelivery pursuant hereto (i) shall have a currently effective FAA airworthiness certificate; (ii) shall be free and clear of all Liens other than the Lease and any Lessor's Liens; (iii) shall be in the same configuration, coloring and appearance and in the same operating condition, ordinary wear and tear excepted, as when delivered to Lessee on the Acceptance Date or, at Lessor's option, Lessee shall pay to Lessor an amount equal to the actual cost of such restoration; (iv) shall be in good operating condition, physical condition and appearance (ordinary wear and tear excepted), with all systems operating normally; (v) shall have no damage history, unless such damage has been repaired in accordance with the Lease; (vi) shall have no open mandatory service bulletins or airworthiness directives, and if terminating action is required within six (6) months of the date of return, Lessee shall comply with each of the same by terminating action, and shall be in compliance with all other Applicable Law and Maintenance Requirements; and (vii) shall be otherwise in the condition and repair required under the Lease.
Condition Upon Return. Lessee shall comply with each of the provisions of Exhibit G, which provisions are hereby incorporated by this reference as if set forth in full herein.
Condition Upon Return. At the expiration of the Term, unless Lessee has elected to purchase the Equipment in accordance with the terms of the Equipment Schedule, Lessee shall promptly, at its own cost and expense: (a) perform any testing and repairs required to place each Item of Equipment in the same condition and appearance as when received by Lessee (reasonable wear and tear excepted) and in good working order for its originally intended purpose and eligible for manufacturer’s maintenance (if available), free of all Lessee’s markings and free of all Liens other than Permitted Liens; (b) if de-installation, disassembly or crating is required, cause such Items of Equipment to be de-installed, disassembled and crated by an authorized manufacturer’s representative or such other service person as is reasonably satisfactory to Lessor; and (c) return such Items of Equipment in the condition and in the manner specified in the Equipment Schedule (collectively, the “Return Condition”). The Equipment, as returned, will include related maintenance logs, operating manuals, and other related materials. All operating manuals for the Equipment must be returned to Lessor undamaged and containing all pages. If lost or destroyed, Lessee shall, at its own expense, provide replacement operating manuals. Lessor may, but is not required to, inspect the Equipment prior to its return. If Lessor determines that the Equipment does not conform to the Return Condition, Lessor will promptly notify Lessee of such determination specifying the repairs or refurbishments needed to place the Equipment in the Return Condition. Lessor may, at its option, either require Lessee to effect such repairs or itself effect such repairs. In either case, all costs associated with any repairs and inspections will be paid by Lessee. Until Lessee has returned the Equipment in compliance with the requirements of this Lease, the Lease shall continue in full force and effect and Lessee shall continue to pay Rent notwithstanding any expiration or termination of the Term through and including the date on which the Equipment is accepted for return by Lessor as conforming with the Return Condition.
Condition Upon Return. Unless the Aircraft has been sold pursuant to Section 21, if at any time the Lessee shall return the Aircraft to the Lessor hereunder, Lessee, at its own expense, will return the Aircraft to Lessor at a location specified by the Lessor to the Lessee in writing. At the time of such return, (i) Lessee will cause the Aircraft to be in compliance with the maintenance covenants contained in this Lease and (ii) the Airframe will be fully equipped with the Engines installed thereon. At the time of such return, such Airframe and Engines (A) shall have an air worthiness certificate from the Federal Aviation Administration and shall be in full compliance with the provisions of Federal Aviation Regulations, Part 121 (or successor regulation), and shall be in material compliance with all applicable FAA noise, corrosion, environmental and aging aircraft requirements, (B) shall be free and clear of all Liens and (C) shall be in a full freighter configuration and in as good condition as when originally delivered to Lessee, ordinary wear and tear excepted, and otherwise in the condition required to be maintained under Lessee's FAA-approved maintenance plan; and in all such cases the Aircraft shall not have been discriminated against as compared to other aircraft owned or leased by Lessee whether by reason of its leased status or otherwise in maintenance, use, operation or in any other manner whatsoever.
Condition Upon Return. Unless the Aircraft has been sold pursuant to Section 21, if at any time the Lessee shall return the Aircraft to the Lessor hereunder, the Lessee, at its own expense, will return the Aircraft to the Lessor at a location specified by the Lessor to the Lessee in writing. At the time of such return, (i) the Lessee will cause the Aircraft to be in compliance with the maintenance covenants contained in this Lease and (ii) the Airframe will be fully equipped with the Engines installed thereon. At the time of such return, such Airframe and Engines (A) shall have an airworthiness certificate from the Federal Aviation Administration and shall be in full compliance with the provisions of Federal Aviation Regulations, Part 121 (or successor regulation), and shall be in material compliance with all applicable FAA noise, corrosion, environmental and aging aircraft requirements, (B) shall be free and clear of all Liens and (C) in the case of the Aircraft, shall be in a full freighter configuration and in as good condition as when originally delivered to the Lessee, ordinary wear and tear excepted, and otherwise in the condition required to be maintained under the Lessee's FAA-approved maintenance plan; and in all such cases the Aircraft shall not have been discriminated against as compared to other aircraft owned or leased by the Lessee whether by reason of its leased status or otherwise in maintenance, use, operation or in any other manner whatsoever.
Condition Upon Return. Lessee shall comply with each of the provisions of EXHIBIT B, which provisions are hereby incorporated by this reference as if set forth in full herein. All references to "SECTION 5" or "this SECTION 5" shall be deemed to include EXHIBIT B.
Condition Upon Return. At the time of a return of a Unit Interest by the Facility Lessee to the Owner Lessor pursuant to Section 5.1 (other than a return pursuant to Section 14), the following conditions shall be complied with, all at the Facility Lessee's sole cost and expense:
(a) such Unit and the Related Common Facilities will be in at least as good condition as if they had been maintained, repaired and operated during the Facility Lease Term in compliance with the provisions of this Facility Lease, ordinary wear and tear excepted, and there shall be no deferred maintenance in respect of such Unit or the Related Common Facilities;
(b) such Unit Interest shall be free and clear of all Liens other than Permitted Liens;
(c) such Unit shall have at least the capability and functional ability to generate electricity, on a continuous basis in normal commercial operating conditions, substantially at the ratings for which it was designed after taking into account all Modifications to such Unit and the Related Common Facilities made in accordance with this Facility Lease (ordinary wear and tear excepted);
(d) such Unit and the Related Common Facilities shall be in compliance with all requirements of manufacturers required for the maintenance in full force and effect of any material warranty then in effect with respect to such Unit and the Related Common Facilities;
(e) no Component of such Unit or the Related Common Facilities shall be a temporary Component and any Replacement Component of such Unit or the Related Common Facilities shall satisfy the standards of Section 7.2; and
(f) the Facility Lessee, at the request of the Owner Lessor, shall sell (subject to all existing encumbrances) to the Owner Lessor (or its designee) at the then Fair Market Sales Value thereof, determined by agreement between the Facility Lessee and the Owner Lessor or, absent agreement, by an appraisal conducted according to the Appraisal Procedures, (i) an undivided interest in all Severable Modifications made to such Unit equal to the Unit Percentage, and (ii) to the extent such Modifications relate to such Unit, an undivided interest in all Severable Modifications to the Related Common Facilities equal to the Common Facilities Percentage (other than, in either case, Severable Modifications referred to in the first sentence of Section 8.3). The appraiser's fees and expenses incurred pursuant to this clause (f) shall be paid by the Owner Lessor.
Condition Upon Return. Upon the expiration or other termination of this Lease (whether following an Event of Default or otherwise), unless Lessee shall have purchased the Aircraft in accordance with the terms hereof, Lessee, at its own expense, will return the Aircraft (including the Engines) to Lessor at a location specified by the Lessor within the continental United States with no deferred maintenance items outstanding and in the condition in which the Aircraft is required to be maintained pursuant to the terms of this Lease. Without limiting the generality of the foregoing, upon return the Aircraft will:
(i) be duly certified by the FAA as airworthy;
(ii) be free and clear of all Liens other than Permitted Liens;
(iii) be in the same configuration, in the same operating and physical condition, with all systems operating normally, and in good appearance (in each case, ordinary wear and tear excepted) as when delivered to Lessee hereunder;
(iv) be in compliance with all so-called “mandatory,” “alert” and (to the extent applicable to Lessee, or its operations) “highly recommended” service bulletins, service letters, modification kits, and similar notices and components issued, supplied, or available by or through the Manufacturer, and with all “airworthiness alerts” and airworthiness or other directives, circulars, operator bulletins and instructions and all other applicable service, maintenance, repair and overhaul regulations issued by the FAA or similar regulatory agency having authority; and
(v) otherwise be in the condition required under this Lease.
Condition Upon Return. Unless purchased by Lessee, upon the expiration or other termination of this Lease (whether following an Event of Default, at the end of the Basic Term or any Renewal Term or otherwise), Lessee, at its own expense, will return the Aircraft to Lessor at a location specified by the Lessor within the continental United States or to such other location as Lessor may reasonably request and in the condition in which the Aircraft is required to be maintained pursuant to Section 11 hereof and any other applicable provisions of the Lease, fully equipped with the same number, make and model number of Engines as are set forth on Schedule No. 1 to Lease Supplement No. 1, which shall fully comply with Section 8(g) hereof, and which, in the opinion of Lessor, have the same or improved utility, value, useful life, performance, and efficiency as such Engines had on the Acceptance Date and are suitable for use on the Airframe and owned by Lessor and properly installed thereon. Lessee shall not be relieved of any of its duties, obligations, covenants, or agreements under this Lease (including, without limitation, its obligation to pay Basic Rent) prior to the return of the Aircraft in the manner and condition required with
