Inflight Equipment. The Mortgagee acknowledges and agrees that the Mortgagor may at any time during the term of this Mortgage install a telephone system and/or an inflight entertainment system for passenger use on any Aircraft (collectively, the "Inflight Equipment") provided that: (a) the owner or financier of the Inflight Equipment will have no Lien on or against such Aircraft and no rights with respect to such Aircraft except the right to remove the Inflight Equipment from such Aircraft if such owner, financier or the Mortgagor repairs and restores such Aircraft as provided below; (b) such right of installation and removal is subject to and conditional upon the Mortgagor, or such owner or financier, repairing all damage and restoring at no expense or risk to the Mortgagee, all alterations made to such Aircraft in connection with the installation or removal of the Inflight Equipment to the condition prior to the installation thereof (ordinary wear and tear excepted), which removal, repair and restoration will be completed no later than thirty (30) days after notice from the Mortgagee of the occurrence of an Event of Default, and will be reasonably satisfactory to the Mortgagee; and (c) prior to the installation of any Inflight Equipment, the Mortgagor shall provide the Mortgagee with the identity and notice particulars of the owner or financier of such Inflight Equipment. The Mortgagee acknowledges that at all times (i) the owner or financier of the Inflight Equipment has and will retain sole and exclusive right and title (if applicable) to and in the Inflight Equipment, (ii) the Inflight Equipment will not constitute a Part or a part of such Aircraft, and (iii) the Inflight Equipment will not become subject to the Lien of this Mortgage.
Appears in 2 contracts
Samples: Aircraft Mortgage and Security Agreement (Frontier Airlines Inc /Co/), Aircraft Mortgage and Security Agreement (Frontier Airlines Inc /Co/)
Inflight Equipment. The Mortgagee (a) Notwithstanding any other provision of this Agreement, Lessor acknowledges and agrees that the Mortgagor Lessee may at any time during the term of this Mortgage Term install a telephone system and/or an inflight entertainment system for passenger use on any Aircraft (collectively, the "Inflight Equipment") on the Aircraft notwithstanding that the Inflight Equipment may not be owned by Lessee provided that:
(ai) Lessee shall give Lessor notice of the installation of any Inflight Equipment on the Aircraft and the name and address of the owner of such Inflight Equipment;
(ii) the documents pursuant to which the owner or financier of the Inflight Might Equipment will installs same on the Aircraft shall provide that such owner shall not have no Lien any lien, security interest, claim or other encumbrance on or against the Aircraft, and such Aircraft and no rights owners only right with respect to such the Aircraft except the right shall be to remove the Inflight Equipment from the Aircraft and, such documents shall also provide that such owner shall remove the Inflight Equipment from the Aircraft if such ownernot later than the earlier of (A) thirty (30) days after notice from Lessor of the occurrence of an Event of Default, financier or and (B) the Mortgagor repairs and restores such Aircraft as provided belowExpiry Date;
(biii) such right of installation and removal is subject to and conditional conditioned upon the Mortgagorsuch owner restoring, or such owner or financier, repairing all damage and restoring at no expense or risk causing Lessee to the Mortgageerestore, all alterations made to such the Aircraft in connection with the installation or removal of the Inflight Equipment to the condition prior to the installation thereof (ordinary wear and tear excepted), which removal, repair and restoration will be completed no later than thirty (30) days after notice from the Mortgagee of the occurrence of an Event of Default, and will be reasonably satisfactory to the Mortgagee; and.
(cb) prior to the installation of any Inflight Equipment, the Mortgagor shall provide the Mortgagee with the identity and notice particulars of the owner or financier of such Inflight Equipment. The Mortgagee Lessor acknowledges that at all times times:
(i) the owner or financier of the Inflight Equipment has and will retain sole and exclusive right and title (if applicable) to and in the Inflight Equipment, ;
(ii) the Inflight Equipment will shall not constitute a Part or a part of such the Aircraft, and ;
(iii) title to the Inflight Equipment shall not transfer to or from Lessor pursuant to Clauses 8.12 and 8.13; and
(iv) the Inflight Equipment will shall not become subject to the Lien Security Interest of this Mortgageany Person to whom Lessor grants a Security Interest in the Aircraft pursuant to Clause 14.1.
Appears in 1 contract
Samples: Aircraft Lease Agreement (Turn Works Acquisition Iii Sub a Inc)
Inflight Equipment. The Mortgagee (a) Notwithstanding any other provision of this Agreement, Lessor acknowledges and agrees that the Mortgagor Lessee may at any time during the term of this Mortgage Term install a telephone system and/or an inflight entertainment system for passenger use on any Aircraft (collectively, the "Inflight Equipment") on the Aircraft notwithstanding that the Inflight Equipment may not be owned by Lessee provided that:
(ai) Lessee shall give Lessor notice of the installation of any Inflight Equipment on the Aircraft and the name and address of the owner of such Inflight Equipment;
(ii) the documents pursuant to which the owner or financier of the Inflight Equipment will installs same on the Aircraft shall provide that such owner shall not have no Lien any lien, security interest, claim or other encumbrance on or against the Aircraft, and such Aircraft and no rights owners only right with respect to such the Aircraft except the right shall be to remove the Inflight Equipment from the Aircraft and, such documents shall also provide that such owner shall remove the Inflight Equipment from the Aircraft if such ownernot later than the earlier of (A) thirty (30) days after notice from Lessor of the occurrence of an Event of Default, financier or and (B) the Mortgagor repairs and restores such Aircraft as provided belowExpiry Date;
(biii) such right of installation and removal is subject to and conditional conditioned upon the Mortgagorsuch owner restoring, or such owner or financier, repairing all damage and restoring at no expense or risk causing Lessee to the Mortgageerestore, all alterations made to such the Aircraft in connection with the installation or removal of the Inflight Equipment to the condition prior to the installation thereof (ordinary wear and tear excepted), which removal, repair and restoration will be completed no later than thirty (30) days after notice from the Mortgagee of the occurrence of an Event of Default, and will be reasonably satisfactory to the Mortgagee; and.
(cb) prior to the installation of any Inflight Equipment, the Mortgagor shall provide the Mortgagee with the identity and notice particulars of the owner or financier of such Inflight Equipment. The Mortgagee Lessor acknowledges that at all times times:
(i) the owner or financier of the Inflight Equipment has and will retain sole and exclusive right and title (if applicable) to and in the Inflight Equipment, ;
(ii) the Inflight Equipment will shall not constitute a Part or a part of such the Aircraft, and ;
(iii) title to the Inflight Equipment shall not transfer to or from Lessor pursuant to Clauses 8.12 and 8.13; and
(iv) the Inflight Equipment will shall not become subject to the Lien Security Interest of this Mortgageany Person to whom Lessor grants a Security Interest in the Aircraft pursuant to Clause 14.1.
Appears in 1 contract
Samples: Aircraft Lease Agreement (Turn Works Acquisition Iii Sub a Inc)
Inflight Equipment. The Mortgagee LESSOR acknowledges and agrees that the Mortgagor LESSEE may at any time during the term of this Mortgage Lease Term install on the Aircraft a telephone system and/or an inflight entertainment a Live TV system or other severable equipment for passenger use on any Aircraft (collectively, the "Inflight Equipment") , which term shall not, for the avoidance of doubt, include the video system or any equipment installed on the seats at Delivery and purchased and paid for by LESSOR, which shall remain the property of LESSOR), which Inflight Equipment may be owned either by LESSEE or by a third party provided that:
(a) LESSEE shall give LESSOR notice of the installation of any Inflight Equipment on the Aircraft and the name and address of the owner or financier of such Inflight Equipment (which may be LESSEE), and a copy of the supplementary type certificate relating to the installation thereof; and
(b) the owner of the Inflight Equipment and LESSOR will enter into an agreement, in form and substance reasonably acceptable to LESSEE, which agreement will provide:
(i) that such owner shall not have no Lien any lien, security interest, claim or other encumbrance on or against the Aircraft or any Part or Parts thereof,
(ii) that such Aircraft and no rights owner's only right with respect to such the Aircraft except the right shall be to remove the Inflight Equipment from such the aircraft not later than the earlier of (A) thirty (30) days after notice from LESSOR that it has repossessed the Aircraft if such ownerbecause of the occurrence of an Event of Default, financier or and (B) the Mortgagor repairs and restores such Aircraft as provided below;Lease Termination Date,
(biii) that such right of installation and removal is made subject to and conditional upon the Mortgagorsuch owner, or such owner or financier, repairing all damage and restoring at no expense to LESSOR or risk to any subsequent owner or operator of the MortgageeAircraft, removing and repairing (or causing LESSEE to remove and repair) all alterations made to such the Aircraft in connection with the installation or removal of the Inflight Equipment so as to eliminate all evidence of the installation of such Inflight Equipment and to restore the Aircraft to its condition prior to the installation thereof (ordinary wear and tear excepted)) in accordance with an Airframe Manufacturer's service bulletin, which removal, repair and restoration will be completed no later than thirty (30) days after notice from the Mortgagee of the occurrence of an Event of Default, and will be reasonably satisfactory to the Mortgagee; and
(civ) prior that such removal and repair shall be conducted at such times and in such a manner as not to the installation of interfere in any Inflight Equipment, the Mortgagor shall provide the Mortgagee way with the identity and notice particulars commercial operation of the owner or financier of such Inflight Equipment. The Mortgagee acknowledges that at all times (i) Aircraft and completed within the owner or financier of the Inflight Equipment has and will retain sole and exclusive right and title (if applicable) to and time period set forth in the Inflight Equipment, (ii) the Inflight Equipment will not constitute a Part or a part of such Aircraft, and (iii) the Inflight Equipment will not become subject to the Lien of this MortgageArticle 12.8.7(B)(II).
Appears in 1 contract
Samples: Aircraft Lease Agreement (Frontier Airlines Inc /Co/)
Inflight Equipment. The Mortgagee (a) Notwithstanding any other provision of this Agreement, Lessor acknowledges and agrees that the Mortgagor Lessee may at any time during the term of this Mortgage Term install a telephone system and/or an inflight entertainment system for passenger use on any Aircraft (collectively, the "Inflight Equipment") on the Aircraft notwithstanding that the Inflight Equipment may not be owned by Lessee provided that:
(ai) Lessee shall give Lessor notice of the installation of any Might Equipment on the Aircraft and the name and address of the owner of such Inflight Equipment;
(ii) the documents pursuant to which the owner or financier of the Inflight Might Equipment will installs same on the Aircraft shall provide that such owner shall not have no Lien any lien, security interest, claim or other encumbrance on or against the Aircraft, and such Aircraft and no rights owner's only right with respect to such the Aircraft except the right shall be to remove the Inflight Equipment from the Aircraft and, such documents shall also provide that such owner shall remove the Inflight Equipment from the Aircraft if such ownernot later than the earlier of (A) thirty (30) days after notice from Lessor of the occurrence of an Event of Default, financier or and (B) the Mortgagor repairs and restores such Aircraft as provided belowExpiry Date;
(biii) such right of installation and removal is subject to and conditional conditioned upon the Mortgagorsuch owner restoring, or such owner or financier, repairing all damage and restoring at no expense or risk causing Lessee to the Mortgageerestore, all alterations made to such the Aircraft in connection with the installation or removal of the Inflight Equipment to the condition prior to the installation thereof (ordinary wear and tear excepted), which removal, repair and restoration will be completed no later than thirty (30) days after notice from the Mortgagee of the occurrence of an Event of Default, and will be reasonably satisfactory to the Mortgagee; and.
(cb) prior to the installation of any Inflight Equipment, the Mortgagor shall provide the Mortgagee with the identity and notice particulars of the owner or financier of such Inflight Equipment. The Mortgagee Lessor acknowledges that at all times times:
(i) the owner or financier of the Inflight Equipment has and will retain sole and exclusive right and title (if applicable) to and in the Inflight Equipment, ;
(ii) the Inflight Equipment will shall not constitute a Part or a part of such the Aircraft, and ;
(iii) title to the Inflight Equipment shall not transfer to or from Lessor pursuant to Clauses 8.12 and 8.13; and
(iv) the Inflight Equipment will shall not become subject to the Lien Security Interest of this Mortgageany Person to whom Lessor grants a Security Interest in the Aircraft pursuant to Clause 14.1.
Appears in 1 contract
Samples: Aircraft Lease Agreement (Turn Works Acquisition Iii Sub a Inc)
Inflight Equipment. The Mortgagee LESSOR acknowledges and agrees that the Mortgagor LESSEE may at any time during the term of this Mortgage Lease Term install on the Aircraft a telephone system and/or an inflight entertainment a Live TV system or other severable equipment for passenger use on any Aircraft (collectively, the "“Inflight Equipment") ”, which term shall not, for the avoidance of doubt, include the video system or any equipment installed on the seats at Delivery and purchased and paid for by LESSOR, which shall remain the property of LESSOR), which Inflight Equipment may be owned either by LESSEE or by a third party provided that:
(a) LESSEE shall give LESSOR notice of the installation of any Inflight Equipment on the Aircraft and the name and address of the owner or financier of such Inflight Equipment (which may be LESSEE), and a copy of the supplementary type certificate relating to the installation thereof; and
(b) the owner of the Inflight Equipment and LESSOR will enter into an agreement, in form and substance reasonably acceptable to LESSEE, which agreement will provide:
(i) that such owner shall not have no Lien any lien, security interest, claim or other encumbrance on or against the Aircraft or any Part or Parts thereof,
(ii) that such Aircraft and no rights owner’s only right with respect to such the Aircraft except the right shall be to remove the Inflight Equipment from such the aircraft not later than the earlier of (A) thirty (30) days after notice from LESSOR that it has repossessed the Aircraft if such ownerbecause of the occurrence of an Event of Default, financier or and (B) the Mortgagor repairs and restores such Aircraft as provided below;Lease Termination Date,
(biii) that such right of installation and removal is made subject to and conditional upon the Mortgagorsuch owner, or such owner or financier, repairing all damage and restoring at no expense to LESSOR or risk to any subsequent owner or operator of the MortgageeAircraft, removing and repairing (or causing LESSEE to remove and repair) all alterations made to such the Aircraft in connection with the installation or removal of the Inflight Equipment so as to eliminate all evidence of the installation of such Inflight Equipment and to restore the Aircraft to its condition prior to the installation thereof (ordinary wear and tear excepted)) in accordance with an Airframe Manufacturer’s service bulletin, which removal, repair and restoration will be completed no later than thirty (30) days after notice from the Mortgagee of the occurrence of an Event of Default, and will be reasonably satisfactory to the Mortgagee; and
(civ) prior that such removal and repair shall be conducted at such times and in such a manner as not to the installation of interfere in any Inflight Equipment, the Mortgagor shall provide the Mortgagee way with the identity and notice particulars commercial operation of the owner or financier of such Inflight Equipment. The Mortgagee acknowledges that at all times (i) Aircraft and completed within the owner or financier of the Inflight Equipment has and will retain sole and exclusive right and title (if applicable) to and time period set forth in the Inflight Equipment, (ii) the Inflight Equipment will not constitute a Part or a part of such Aircraft, and (iii) the Inflight Equipment will not become subject to the Lien of this MortgageArticle 12.8.7(b)(ii).
Appears in 1 contract
Samples: Aircraft Lease Agreement (Frontier Airlines Inc /Co/)
Inflight Equipment. The Mortgagee (a) Notwithstanding any other provision of this Agreement, Lessor acknowledges and agrees that the Mortgagor Lessee may at any time during the term of this Mortgage Term install a telephone system and/or an inflight entertainment system for passenger use on any Aircraft (collectively, the "Inflight Equipment") on the Aircraft notwithstanding that the Inflight Equipment may not be owned by Lessee provided that:
(ai) Lessee shall give Lessor notice of the installation of any Inflight Equipment on the Aircraft and the name and address of the owner of such Inflight Equipment;
(ii) the documents pursuant to which the owner or financier of the Inflight Equipment will installs same on the Aircraft shall provide that such owner shall not have no Lien any lien, security interest, claim or other encumbrance on or against the Aircraft, and such Aircraft and no rights owner only right with respect to such the Aircraft except the right shall be to remove the Inflight Equipment from the Aircraft and, such documents shall also provide that such owner shall remove the Inflight Equipment from the Aircraft if such ownernot later than the earlier of (A) thirty (30) days after notice from Lessor of the occurrence of an Event of Default, financier or and (B) the Mortgagor repairs and restores such Aircraft as provided belowExpiry Date;
(biii) such right of installation and removal is subject to and conditional conditioned upon the Mortgagorsuch owner restoring, or such owner or financier, repairing all damage and restoring at no expense or risk causing Lessee to the Mortgageerestore, all alterations made to such the Aircraft in connection with the installation or removal of the Inflight Equipment to the condition prior to the installation thereof (ordinary wear and tear excepted), which removal, repair and restoration will be completed no later than thirty (30) days after notice from the Mortgagee of the occurrence of an Event of Default, and will be reasonably satisfactory to the Mortgagee; and.
(cb) prior to the installation of any Inflight Equipment, the Mortgagor shall provide the Mortgagee with the identity and notice particulars of the owner or financier of such Inflight Equipment. The Mortgagee Lessor acknowledges that at all times times:
(i) the owner or financier of the Inflight Equipment has and will retain sole and exclusive right and title (if applicable) to and in the Inflight Equipment, ;
(ii) the Inflight Equipment will shall not constitute a Part or a part of such the Aircraft, and ;
(iii) title to the Inflight Equipment shall not transfer to or from Lessor pursuant to Clauses 8.12 and 8.13; and
(iv) the Inflight Equipment will shall not become subject to the Lien Security Interest of this Mortgageany Person to whom Lessor grants a Security Interest in the Aircraft pursuant to Clause 14.1.
Appears in 1 contract
Samples: Aircraft Lease Agreement (Turn Works Acquisition Iii Sub a Inc)