Common use of Evidence of Title and Security Interests Clause in Contracts

Evidence of Title and Security Interests. On the Delivery Date, the following statements shall be true, and such Loan Participant shall have received evidence satisfactory to it (including a printout of the “priority search certificates” (as defined in the Cape Town Convention from the International Registry relating to the Aircraft (and the constituent Airframe and Engines)) to the effect that: (1) the Borrower has good title to the Designated Aircraft, free and clear of Liens other than (subject to filing and recording of the FAA Xxxx of Sale with the Federal Aviation Administration and the registration of a contract of sale on the International Registry between the Manufacturer as seller and the Borrower as buyer with respect to the Airframe and Engines of the Designated Aircraft, if the Borrower does not already own the Designated Aircraft) the mortgage and security and international interests created by the Mortgage and the Mortgage Supplement for the Designated Aircraft; (2) the FAA Xxxx of Sale, the Mortgage (if not previously filed) and the Mortgage Supplement for the Designated Aircraft have been duly filed with the FAA for recordation (or are in form suitable for recordation and are in the process of being so filed for recordation) and there exist no Liens of record on the Designated Aircraft; (3) the international interest of the Mortgage Supplement with respect to the Airframe and Engines associated with the Designated Aircraft shall have been registered with the International Registry, and there exists no registered international interest on the International Registry; (4) the Designated Aircraft has a valid export certificate of airworthiness issued by the Direction générale de l’aviation civile of France; (5) the Borrower is a U.S. Air Carrier (and such Loan Participant shall have received a copy of the Borrower’s air carrier operating certificate); (6) the Security Trustee is entitled to the protection of Section 1110 of the United States Bankruptcy Code in connection with its right to take possession of the Designated Aircraft in the event of a case under Chapter 11 of the United States Bankruptcy Code in which the Borrower is a debtor; and (7) the Designated Aircraft is in compliance with the aircraft specifications furnished to Bank of America by the Borrower.

Evidence of Title and Security Interests. On the Delivery Date, the following statements shall be true, and such Loan Participant Purchaser shall have received evidence satisfactory to it (including a printout of the “priority search certificates” (as defined in under the Cape Town Convention Convention) from the International Registry relating to the Designated Aircraft (and the constituent Airframe and Engines)) to the effect that: (1) the Borrower Owner has good title to the Designated Aircraft and the Lessee is the registered owner of the Designated Aircraft, free and clear of Liens other than (subject to filing and recording of the FAA Xxxx of Sale with the Federal Aviation Administration and the registration of a contract of sale on the International Registry between the Manufacturer as seller and the Borrower Owner as buyer with respect to the Airframe and Engines of the Designated Aircraft, if the Borrower does not already own the Designated Aircraft) the mortgage and security and international interests created by the Mortgage and the Mortgage Supplement for the Designated Aircraft and the lease and international interest created by the Lease and the Lease Supplement for the Designated Aircraft; (2) the FAA Xxxx of Sale, the Mortgage (if not previously filed), the Mortgage Supplement for the Designated Aircraft, the Lease (if not previously filed) and the Mortgage Lease Supplement for the Designated Aircraft have been duly filed with the FAA for recordation (or are in form suitable for recordation and are in the process of being so filed for recordation) and there exist no Liens of record on the Designated Aircraft; (3) (A) the international interests with respect to the related Airframe and each Engine constituted by the Mortgage and related Mortgage Supplement (incorporating the terms of the Mortgage) shall have been (or shall be concurrently) registered with the International Registry with the Security Trustee as creditor and the Owner as debtor, (B) the international interest of the Mortgage Supplement with respect to the Airframe and Engines associated with each Engine under the Designated Aircraft Lease and the related Lease Supplement (incorporating the terms of the Lease) shall have been (or shall be concurrently) registered with the International RegistryRegistry with the Owner as creditor and the Lessee as debtor, (C) the assignment of international interest with respect to the Airframe and each Engine constituted by the Mortgage and the related Mortgage Supplement (incorporating the terms of the Mortgage) (assigning the international interest under the Lease and related Lease Supplement, including an assignment of the right to discharge such international interest) shall have been (or shall be concurrently) registered with the International Registry with the Security Trustee as assignee and the Owner as assignor and (D) the transfer of the right to discharge with respect to Airframe and each Engine under the Lease and the related Lease Supplement shall have been (or shall be concurrently) registered with the International Registry with the Owner as transferor and the Security Trustee as transferee; and there exists shall exist no other undischarged registered international interest with respect to the related Airframe or any Engine on the International Registry; (4) the Security Trustee shall have a perfected first priority Lien on the Pledged Interests; (5) the Designated Aircraft has a valid export certificate of airworthiness issued by the Direction générale de l’aviation civile of France; (56) the Borrower Lessee is a U.S. Air Carrier (and such Loan Participant Purchaser shall have received a copy of the BorrowerLessee’s air carrier operating certificate);; and (67) the Security Trustee Trustee, as assignee of the Owner’s rights under the Lease, is entitled to the protection of Section 1110 of the United States Bankruptcy Code in connection with its right to take possession of the Designated Aircraft in the event of a case under Chapter 11 of the United States Bankruptcy Code in which the Borrower Lessee is a debtor; and (7) the Designated Aircraft is in compliance with the aircraft specifications furnished to Bank of America by the Borrower.

Evidence of Title and Security Interests. On the such Delivery Date, the following statements shall be true, and such Loan Participant Purchaser shall have received evidence satisfactory to it (including a printout of the “priority search certificates” (as defined in under the Cape Town Convention Convention) from the International Registry relating to the such Aircraft (and the constituent Airframe and Engines)) to the effect that: (1) the Borrower Owner has good title to such Aircraft and the Designated Lessee is the registered owner of such Aircraft, free and clear of Liens other than (subject to filing and recording of the FAA Xxxx of Sale with the Federal Aviation Administration and the registration of a contract of sale on the International Registry between the Manufacturer as seller and the Borrower Owner as buyer with respect to the Airframe and Engines of the Designated Aircraft, if the Borrower does not already own the Designated such Aircraft) the mortgage and security and international interests created by the Mortgage and the Mortgage Supplement for such Aircraft and the Designated lease and international interest created by the Lease and the Lease Supplement for such Aircraft; (2) the FAA Xxxx of Sale, the Mortgage (if not previously filed) and ), the Mortgage Supplement for such Aircraft, the Designated Lease (if not previously filed) and the Lease Supplement for such Aircraft have been duly filed with the FAA for recordation (or are in form suitable for recordation and are in the process of being so filed for recordation) and there exist no Liens of record on the Designated such Aircraft; (3) (A) the international interest of the Mortgage Supplement interests with respect to the related Airframe and Engines associated with each Engine constituted by the Designated Aircraft Mortgage and related Mortgage Supplement (incorporating the terms of the Mortgage) shall have been (or shall be concurrently) registered with the International RegistryRegistry with the Security Trustee as creditor and the Owner as debtor, (B) the international interest with respect to the related Airframe and each Engine under the Lease and the related Lease Supplement (incorporating the terms of the Lease) shall have been (or shall be concurrently) registered with the International Registry with the Owner as creditor and the Lessee as debtor, (C) the assignment of international interest with respect to the related Airframe and each Engine constituted by the Mortgage and the related Mortgage Supplement (incorporating the terms of the Mortgage) (assigning the international interest under the Lease and related Lease Supplement, including an assignment of the right to discharge such international interest) shall have been (or shall be concurrently) registered with the International Registry with the Security Trustee as assignee and the Owner as assignor and (D) the transfer of the right to discharge with respect to Airframe and each Engine under the Lease and the related Lease Supplement shall have been (or shall be concurrently) registered with the International Registry with the Owner as transferor and the Security Trustee as transferee; and there exists shall exist no other undischarged registered international interest with respect to the related Airframe or any Engine on the International Registry; (4) the Designated Security Trustee shall have a perfected first priority Lien on the Pledged Interests; (5) such Aircraft has a valid export certificate of airworthiness issued by the Direction générale de l’aviation civile of France; (56) the Borrower Lessee is a U.S. Air Carrier (and such Loan Participant Purchaser shall have received a copy of the BorrowerLessee’s air carrier operating certificate);; and (67) the Security Trustee Trustee, as assignee of the Owner’s rights under the Lease, is entitled to the protection of Section 1110 of the United States Bankruptcy Code in connection with its right to take possession of the Designated such Aircraft in the event of a case under Chapter 11 of the United States Bankruptcy Code in which the Borrower Lessee is a debtor; and (7) the Designated Aircraft is in compliance with the aircraft specifications furnished to Bank of America by the Borrower.

Evidence of Title and Security Interests. On the such Delivery Date, the following statements shall be true, and such Loan Participant Financier shall have received evidence satisfactory to it (including a printout of the “priority search certificates” (as defined in under the Cape Town Convention Convention) from the International Registry relating to the such Aircraft (and the constituent Airframe and Engines)) to the effect that: (1) the Borrower Owner has good title to such Aircraft and the Designated Lessee is the registered owner of such Aircraft, free and clear of Liens other than (subject to filing and recording of the FAA Xxxx of Sale with the Federal Aviation Administration and the registration of a contract of sale on the International Registry between the Manufacturer as seller and the Borrower Owner as buyer with respect to the Airframe and Engines of the Designated Aircraft, if the Borrower does not already own the Designated such Aircraft) the mortgage and security and international interests created by the Mortgage and the Mortgage Supplement for such Aircraft and the Designated lease and international interest created by the Lease and the Lease Supplement for such Aircraft; (2) the FAA Xxxx of Sale, the Mortgage (if not previously filed) and ), the Mortgage Supplement for such Aircraft, the Designated Lease (if not previously filed) and the Lease Supplement for such Aircraft have been duly filed with the FAA for recordation (or are in form suitable for recordation and are in the process of being so filed for recordation) and there exist no Liens of record on the Designated such Aircraft; (3) (A) the international interest of the Mortgage Supplement interests with respect to the related Airframe and Engines associated with each Engine constituted by the Designated Aircraft Mortgage and related Mortgage Supplement (incorporating the terms of the Mortgage) shall have been (or shall be concurrently) registered with the International RegistryRegistry with the Security Trustee as creditor and the Owner as debtor, (B) the international interest with respect to the related Airframe and each Engine under the Lease and the related Lease Supplement (incorporating the terms of the Lease) shall have been (or shall be concurrently) registered with the International Registry with the Owner as creditor and the Lessee as debtor, (C) the assignment of international interest with respect to the related Airframe and each Engine constituted by the Mortgage and the related Mortgage Supplement (incorporating the terms of the Mortgage) (assigning the international interest under the Lease and related Lease Supplement, including an assignment of the right to discharge such international interest) shall have been (or shall be concurrently) registered with the International Registry with the Security Trustee as assignee and the Owner as assignor and (D) the transfer of the right to discharge with respect to Airframe and each Engine under the Lease and the related Lease Supplement shall have been (or shall be concurrently) registered with the International Registry with the Owner as transferor and the Security Trustee as transferee; and there exists shall exist no other undischarged registered international interest with respect to the related Airframe or any Engine on the International Registry; (4) the Designated Security Trustee shall have a perfected first priority Lien on the Pledged Interests; (5) such Aircraft has a valid certificate of airworthiness or a valid export certificate of airworthiness issued by the Direction générale de l’aviation civile of Franceairworthiness; (56) the Borrower Lessee is a U.S. Air Carrier (and such Loan Participant Financier shall have received a copy of the BorrowerLessee’s air carrier operating certificate);; and (67) the Security Trustee Trustee, as assignee of the Owner’s rights under the Lease, is entitled to the protection of Section 1110 of the United States Bankruptcy Code in connection with its right to take possession of the Designated such Aircraft in the event of a case under Chapter 11 of the United States Bankruptcy Code in which the Borrower Lessee is a debtor; and (7) the Designated Aircraft is in compliance with the aircraft specifications furnished to Bank of America by the Borrower.

Evidence of Title and Security Interests. On the such Delivery Date, the following statements shall be true, and such Loan Participant shall have received evidence satisfactory to it (including a printout of the “priority search certificates” (as defined in the Cape Town Convention from the International Registry relating to the such Aircraft (and the constituent Airframe and Engines)) to the effect that: (1) the Borrower has good title to the Designated such Aircraft, free and clear of Liens other than (subject to filing and recording of the FAA Xxxx of Sale with the Federal Aviation Administration and the registration of a contract of sale on the International Registry between the Manufacturer as seller and the Borrower as buyer with respect to the Airframe and Engines of the Designated such Aircraft, if the Borrower does not already own the Designated such Aircraft) the mortgage and security and international interests created by the Mortgage and the Mortgage Supplement for the Designated such Aircraft; (2) the FAA Xxxx of Sale, the Mortgage (if not previously filed) and the Mortgage Supplement for the Designated such Aircraft have been duly filed with the FAA for recordation (or are in form suitable for recordation and are in the process of being so filed for recordation) and there exist no Liens of record on the Designated such Aircraft; (3) the international interest of the Mortgage Supplement with respect to the Airframe and Engines associated with the Designated such Aircraft shall have been registered with the International Registry, and there exists no registered international interest on the International Registry; (4) the Designated such Aircraft has a valid export certificate of airworthiness issued by the Direction générale de l’aviation civile of France; (5) the Borrower is a U.S. Air Carrier (and such Loan Participant shall have received a copy of the Borrower’s air carrier operating certificate);; and (6) the Security Trustee is entitled to the protection of Section 1110 of the United States Bankruptcy Code in connection with its right to take possession of the Designated such Aircraft in the event of a case under Chapter 11 of the United States Bankruptcy Code in which the Borrower is a debtor; and (7) the Designated Aircraft is in compliance with the aircraft specifications furnished to Bank of America by the Borrower.