Common use of DETERMINATION OF FAIR MARKET Clause in Contracts

DETERMINATION OF FAIR MARKET. RENTAL VALUE AND FAIR MARKET SALES VALUE For the purpose of this Section 15, the "Fair Market Rental Value" or the "Fair Market Sales Value" of the Aircraft, Airframe or any Engine, shall be determined on an "as is, where is" basis and shall take into account customary brokerage and other out-of-pocket fees and expenses which typically would be incurred in connection with a re-lease or sale of the Aircraft, Airframe or any Engine. Any such determination shall be made by an Appraiser selected by Lessor and the costs and expenses associated therewith shall be borne by Lessee, unless Lessor does not obtain possession of the Aircraft, Airframe and Engines pursuant to this Section 15, in which case an Appraiser shall not be appointed and Fair Market Rental Value and Fair Market Sales Value for purposes of this Section 15 shall be zero.

Appears in 9 contracts

Samples: Lease Agreement (Continental Airlines Inc /De/), Lease Agreement (Continental Airlines Inc /De/), Lease Agreement (Continental Airlines Inc /De/)

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DETERMINATION OF FAIR MARKET. RENTAL VALUE AND FAIR MARKET SALES VALUE For the purpose of this Section ss. 15, the "Fair Market Rental Value" Value or the "Fair Market Sales Value" Value of the Aircraft, Airframe the Airframe, or any Engine, Engine shall be determined on an "as is, where is" basis and shall take into account customary brokerage and other out-of-pocket fees and expenses which typically would be incurred in connection with a re-lease or sale of the Aircraftsuch an aircraft, Airframe airframe, or any Engineengine. Any such determination shall be made by an Appraiser selected by Lessor Lessor, and the costs and expenses associated therewith shall be borne by Lessee; PROVIDED, unless that, if Lessor does not obtain possession of the Aircraft, Airframe and Engines Aircraft pursuant to this Section ss. 15, in which case an Appraiser shall not be appointed appointed, and Fair Market Rental Value and Fair Market Sales Value for purposes of this Section ss. 15 shall be zero.

Appears in 2 contracts

Samples: Participation Agreement (Amtran Inc), Lease Agreement (Amtran Inc)

DETERMINATION OF FAIR MARKET. RENTAL VALUE AND FAIR MARKET SALES VALUE For the purpose of this Section ss. 15, the "Fair Market Rental Value" Value or the "Fair Market Sales Value" Value of the thE Aircraft, Airframe the Airframe, or any Engine, Engine shall be determined on an "as is, where is" basis and shall take into account customary brokerage and other out-of-pocket fees and expenses which typically would be incurred in connection with a re-lease or sale of the Aircraftsuch an aircraft, Airframe airframe, or any Engineengine. Any such determination shall be made by an Appraiser selected by Lessor Lessor, and the costs and expenses associated therewith shall be borne by Lessee; PROVIDED, unless that, if Lessor does not obtain possession of the Aircraft, Airframe and Engines Aircraft pursuant to this Section ss. 15, in which case an Appraiser AppraiseR shall not be appointed appointed, and Fair Market Rental Value and Fair Market Sales Value for purposes of this Section ss. 15 shall shalL be zero.

Appears in 2 contracts

Samples: Participation Agreement (Amtran Inc), Lease Agreement (Amtran Inc)

DETERMINATION OF FAIR MARKET. RENTAL VALUE AND FAIR MARKET SALES VALUE For the purpose of this Section 15, the "Fair Market Rental Value" or the "Fair Market Sales Value" of the Aircraft, Airframe or any Engine, shall be determined on an "as is, where is" basis and shall take into account customary brokerage and other out-of-pocket fees and expenses which typically would be incurred in connection with a re-lease or sale of the Aircraft, Airframe or any Engine. Any such determination shall be made by an Appraiser LEASE AGREEMENT BASE PAGE 46 240 selected by Lessor and the costs and expenses associated therewith shall be borne by Lessee, unless Lessor does not obtain possession of the Aircraft, Airframe and Engines pursuant to this Section 15, in which case an Appraiser shall not be appointed and Fair Market Rental Value and Fair Market Sales Value for purposes of this Section 15 shall be zero.

Appears in 1 contract

Samples: Lease Agreement (Continental Airlines Inc /De/)

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DETERMINATION OF FAIR MARKET. RENTAL VALUE AND FAIR MARKET SALES VALUE For the purpose of this Section (S) 15, the "Fair Market Rental Value" Value or the "Fair Market Sales Value" Value of the Aircraft, Airframe the Airframe, or any Engine, Engine shall be determined on an "as is, where is" basis and shall take into account customary brokerage and other out-of-pocket fees and expenses which typically would be incurred in connection with a re-lease or sale of the Aircraftsuch an aircraft, Airframe airframe, or any Engineengine. Any such determination shall be made by an Appraiser selected by Lessor Lessor, and the costs and expenses associated therewith shall be borne by Lessee; provided, unless that, if Lessor does not obtain possession of the Aircraft, Airframe and Engines Aircraft pursuant to this Section 15(S) 15 within A commercially reasonable period, in which case an Appraiser shall not be appointed appointed, and Fair Market Rental Value and Fair Market Sales Value for purposes of this Section (S) 15 shall be zero.

Appears in 1 contract

Samples: Note Purchase Agreement (Airtran Holdings Inc)

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