CONDITIONS PRECEDENT TO LESSEE'S OBLIGATIONS. Section 5.01. Conditions Precedent to Lessee's Obligations............. 22
CONDITIONS PRECEDENT TO LESSEE'S OBLIGATIONS. The Lessee's obligation to participate in the transactions contemplated hereby on the Delivery Date is subject to the conditions that, on or prior to the Delivery Date, the Lessee shall have received the documents which are referred to in, or the opinions to be addressed to it under, as the case may be, Sections 4.01(c), (d)(ii)-(ix), (e)(ii)-(iv), (h)(ii)-(vi), (p) and (q) hereof and the Owner Participant shall have made its Commitment available in accordance with the terms of Section 3.02 hereof.
CONDITIONS PRECEDENT TO LESSEE'S OBLIGATIONS. The Lessee's obligation to participate in the transactions contemplated hereby on the Certificate Closing Date is subject to the conditions that, prior to or on the Certificate Closing Date, the Lessee shall have received the certificates and other documents which are referred to in, or the opinions to be addressed to it under, as the case may be, paragraphs (d), (g)(ii)-(v), (i), (j), (k)(ii)-(vi) of Section 4.01 hereof and the Underwriters shall have made available the amounts required to be paid by them pursuant to Section 2.01 hereof, and the Lessee's obligation to participate in the transactions contemplated hereby on the Delivery Date, is subject to the conditions that, on or prior to the Delivery Date, the Lessee shall have received the documents which are referred to in, or the opinions to be addressed to it under, as the case may be, paragraphs (c) and (d)(ii)-(v) of Section 4.02 hereof and the Indenture Trustee shall have released the Debt Portion from (or such lesser amount as may then be held in) the Collateral Account.
CONDITIONS PRECEDENT TO LESSEE'S OBLIGATIONS. The Lessee's obligation to participate in the transactions contemplated hereby is subject to the conditions that, prior to or on the Refunding Date, the Lessee shall have received the certificates and other documents which are referred to in, or the opinions to be addressed to it under, as the case may be, paragraphs (d), (g)(ii)-(v), (h)(ii)-(iv), (j), (k) and (l) (ii), (iii), (iv), (vii), (viii) and (ix) of Section 4.01 hereof and the Underwriters and the Owner Participant shall have made available the amounts required to be paid by them pursuant to Section 2.01 hereof.
CONDITIONS PRECEDENT TO LESSEE'S OBLIGATIONS. The Lessee's obligation to sell the Aircraft to the Owner Trustee and to lease the Aircraft from the Owner Trustee pursuant to the Lease is subject to the conditions that, prior to or on the Delivery Date, the Lessee shall have received the certificates and other documents which are referred to in, or the opinions to be addressed to it under, as the case may be, Section 4.01(e), (h)(ii)-(vi), (i)(ii)-(iv), (k), (l) and (m)(ii)-(viii) hereof, and the Owner Participant shall have made its Commitment available in accordance with the terms of Section 3.02 hereof.
CONDITIONS PRECEDENT TO LESSEE'S OBLIGATIONS. The Lessee's obligations to Lessor hereunder are subject to the prior satisfaction of the following conditions precedent:
(a) Lessee shall have received copies of the following:
(i) original copies of the Operative Documents, each duly executed by the parties thereto;
(ii) copies of the resolutions of the Board of Directors of Lessor approving the execution, delivery and performance by the Lessor of this Lease and any other Operative Documents to which the Lessor is a party, certified by the Lessor's secretary, together with such other evidence of corporate action as Lessee may reasonably request; and
(iii) a certificate of the Lessor's Secretary certifying as to the incumbency and signatures of the persons authorized to execute and deliver the Lease and any other Operative Documents to which the Lessor is a party.
(b) The Aircraft shall be registered in the name of Lessor with the FAA.
(c) The Aircraft shall have a Standard Certificate of Airworthiness.
(d) Lessee shall have viewed and approved the video borescope that was performed on the Engines after last flight of the Aircraft operated by the previous operator.
(e) The Engines shall have undergone a power assurance run at model 121 engine settings.
(f) The Engines shall have undergone and passed a power assurance at model 120A settings and all discrepancies shall have been corrected.
(g) The Aircraft shall be in substantially the same condition as when inspected by Lessee in the week of January 24, 2000; and any Part that has been replaced since such inspection shall be replaced by a part having a modification status, value, condition and utility and remaining life, hour or cycle status and overhaul status (whichever is applicable) at least equal to the Part it is replacing; provided, however, that in the event the conditions set forth in Section 3.02(e) or (f) are not satisfied and all other conditions of this Section 3.02 are satisfied, then Lessee's obligations under this Lease shall be effective, subject to the adjustment in the date of the first Rent Payment Date set forth in Section 4(b) of Exhibit B hereto.
CONDITIONS PRECEDENT TO LESSEE'S OBLIGATIONS. The obligations of Lessee to lease the Aircraft on the Delivery Date are subject to satisfaction of each of the following conditions precedent:
CONDITIONS PRECEDENT TO LESSEE'S OBLIGATIONS. LESSEE's obligation to lease the Aircraft hereunder from LESSOR shall be subject to the receipt by LESSEE or the performance or occurrence, on or before the Effective Date (or such other date as provided for herein), of the following from LESSOR, all of which shall be satisfactory in form and substance to LESSEE:
(1) The Aircraft shall be in the condition required by Exhibit "F" hereto;
(2) The Aircraft shall be registered in the United States in the name of LESSOR;
(3) Lufthansa shall have provided to LESSEE, on a reasonably timely basis prior to the Effective Date, such information as LESSEE shall reasonably require in connection with obtaining all necessary licenses, permits and authorizations for the exportation of the Aircraft from Germany and the importation of the Aircraft to the United States; and
(4) LESSOR shall have tendered the Aircraft to LESSEE for delivery not later than February 6, 1997.
CONDITIONS PRECEDENT TO LESSEE'S OBLIGATIONS. Lessee’s obligation to pay the Leasehold Transaction Price, and to accept title to the Property, shall be subject to compliance by Lessor with the following conditions precedent with respect to each Property on and as of the Closing Date:
(a) Lessor shall deliver to Lessee on or before the Closing the items set forth in Section 10 above;
(b) Lessee shall receive from Escrow Agent or any other title insurer approved by Lessee in its judgment and discretion, a current ALTA leasehold form of title insurance policy, as applicable, or irrevocable and unconditional binder to issue the same, with extended coverage for the Real Property in the amount of the Leasehold Transaction Price, dated, or updated to, the date of the Closing, insuring, or committing to insure, at its ordinary premium rates Lessee’s good and marketable title to the leasehold estate in the Real Property and the Improvements otherwise in such form and with such endorsements as provided in the title commitment approved by Lessee pursuant to Section 6 hereof and subject only to the Permitted Exceptions (the “Title Policy”);
(c) Each Tenant shall be in possession of the premises demised under its respective Lease, open for business to the public and paying full and unabated rent under such Lease and no Tenant shall have assigned its Lease;
(d) The representations and warranties of Lessor contained in this Agreement shall have been true when made and shall be true in all material respects at and as of the date of Closing as if such representations and warranties were made at and as of the Closing, and Lessor shall have performed and complied in all material respects with all covenants, agreements and conditions required by this Agreement to be performed or complied with by Lessor prior to or at the Closing;
(e) Lessor shall have delivered to Lessee a written waiver by each applicable party of any right of first refusal, right of first offer or other purchase option that such party has to lease or purchase the Property, or any part thereof, from Lessor;
(f) Lessor shall have delivered to Lessee a copy of each Estoppel Certificate required to be delivered by Lessor under the terms of Section 6(c) hereof; and
(g) Lessor shall have made all contributions, payments and/or reimbursements and completed any and all work required by any governmental authority in connection with the construction and development of the Property, including, without limitation, as required by any variance or site plan approval....
CONDITIONS PRECEDENT TO LESSEE'S OBLIGATIONS. The Lessee's obligations to Lessor hereunder are subject to the prior satisfaction of the following conditions precedent:
(a) Lessee shall have received copies of the following:
(i) original copies of the Operative Documents, each duly executed by the parties thereto;
(ii) copies of the resolutions of the Board of Directors of Lessor approving the execution, delivery and performance by the Lessor of this Lease and any other Operative Documents to which the Lessor is a party, certified by the Lessors secretary, together with such other evidence of corporate action as Lessee may reasonably request; and
(iii) a certificate of the Lessor's Secretary certifying as to the incumbency and signatures of the persons authorized to execute and deliver the Lease and any other Operative Documents to which the Lessor is a party.
