Common use of Effect of No Sale or Preemptive Delivery to Lessor Clause in Contracts

Effect of No Sale or Preemptive Delivery to Lessor. If on the Termination Date no sale of the Aircraft shall have occurred and the Lessee has not delivered the Aircraft to the Lessor pursuant to Section 14(c), the Lessee's notice given pursuant to Section 14(a) shall be deemed to be withdrawn as of such date and this Lease shall continue in full force and effect, without prejudice, however, to any claims the Lessee may have against any Person under the Participation Agreement or otherwise if a failure to deliver the Aircraft to the Lessor pursuant to Section 14(c) shall have been due to a failure of the Lessor to make the payment by the Lessor provided for in such Section.

Appears in 6 contracts

Samples: Lease Agreement (Midway Airlines Corp), Note Purchase Agreement (Midway Airlines Corp), Lease Agreement (Midway Airlines Corp)

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Effect of No Sale or Preemptive Delivery to Lessor. If on the Termination Date no sale of the Aircraft shall have occurred and the Lessee has not delivered the Aircraft to the Lessor pursuant to Section 14(c)) or the Lessor shall fail to pay the amounts specified in Section 14(c) upon exercise of its preemptive election, the Lessee's notice given pursuant to Section 14(a) shall be deemed to be withdrawn as of such date and this Lease shall continue in full force and effect, without prejudice, however, to any claims the Lessee may have against any Person under the Participation Agreement or otherwise if a failure to deliver the Aircraft to the Lessor pursuant to Section 14(c) shall have been due to a failure of the Lessor to make the payment by the Lessor provided for in such Section.

Appears in 1 contract

Samples: Lease Agreement (Midway Airlines Corp)

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