Common use of Insurance Against Loss or Damage to the Aircraft Clause in Contracts

Insurance Against Loss or Damage to the Aircraft. (1) Except as provided in clause (2) of this subsection (b), and subject to the provisions of Section 7.04(d) permitting the self-insurance, Owner shall maintain or cause to be maintained in effect, at its or any Lessee's expense, with insurers of nationally or internationally recognized responsibility, all-risk aircraft hull insurance covering the Aircraft and fire and extended coverage and all-risk aircraft hull insurance covering Engines and Parts while temporarily removed from the Aircraft and not replaced by similar components; provided that such insurance shall at all times while the Aircraft is subject to the Lien of the Indenture be for an amount (taking into account the self-insurance to the extent permitted by Section 7.04(d)) not less than the amount payable under Section 5.06(a) upon the occurrence of an Event of Loss; provided further, that, subject to compliance with Section 7.04(d), such all-risk property damage insurance covering Engines and Parts temporarily removed from an Airframe or an airframe or (in the case of Parts) an Engine need be obtained only to the extent available at reasonable cost (as reasonably determined by Owner). In the case of a loss with respect to an engine (other than an Engine) installed on the airframe in circumstances which do not constitute an Event of Loss with respect to the Airframe, the Indenture Trustee shall promptly remit any payment made to it of any insurance proceeds in respect of such loss to Owner or any other third party that is entitled to receive such proceeds. Unless an Event of Default has occurred and is continuing, all losses will be adjusted by Owner with the insurers. As between the Indenture Trustee and Owner, it is agreed that all insurance payments received as the result of the occurrence of an Event of Loss will be applied as follows:

Appears in 3 contracts

Samples: Indenture and Security Agreement (Us Airways Inc), Indenture and Security Agreement (Us Airways Inc), Indenture and Security Agreement (Us Airways Inc)

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Insurance Against Loss or Damage to the Aircraft. (1) Except as provided in clause (2) of this subsection (b), and subject to the provisions of Section 7.04(dsubsection (d) of this Exhibit H permitting the self-insurance, Owner Lessee shall maintain or cause to be maintained in effect, at its or any LesseeSublessee's expense, with insurers of nationally or internationally recognized responsibility, all-risk aircraft hull insurance covering the Aircraft and fire and extended coverage and all-risk aircraft hull insurance covering Engines and Parts while temporarily removed from the Aircraft and not replaced by similar components; provided that such insurance shall at all times while the Aircraft is subject to the Lien of the Indenture this Lease be for an amount (taking into account the self-insurance to the extent permitted by Section 7.04(d)subsection (d) of this Exhibit H) not less than the amount payable under Section 5.06(a) upon Termination Value for the occurrence of an Event of LossAircraft; provided further, that, subject to compliance with Section 7.04(d)subsection (d) of this Exhibit H, such all-risk property damage insurance covering Engines and Parts temporarily removed from an Airframe or an airframe or (in the case of Parts) an Engine need be obtained only to the extent available at reasonable cost (as reasonably determined by OwnerLessee). In the case of a loss Loss with respect to an engine (other than an Engine) installed on the airframe in circumstances which do not constitute an Event of Loss with respect to the Airframe, the Indenture Trustee Lessor shall promptly remit any payment made to it of any insurance proceeds in respect of such loss Loss to Owner Lessee or any other third party that is entitled to receive such proceeds. Unless an Event of Default has occurred and is continuing, all losses will be adjusted by Owner Lessee with the insurers. As between the Indenture Trustee Lessor and OwnerLessee, it is agreed that all insurance payments received as the result of the occurrence of an Event of Loss will be applied as follows:

Appears in 2 contracts

Samples: Lease Agreement (Us Airways Inc), Lease Agreement (Us Airways Inc)

Insurance Against Loss or Damage to the Aircraft. (1) . Except as provided in clause (2paragraph 2 of this Section B or Section 3.06(c) of this subsection (b)the C Mortgage, and subject to the provisions of Section 7.04(d) D hereof permitting the self-insurance, Owner Company shall at all times carry and maintain or cause to be maintained in effectcarried and maintained, at its or no expense to any Lessee's expenseAdditional Insured, in effect with insurers or reinsurers of nationally or internationally recognized responsibility, responsibility all-risk aircraft hull insurance covering the Aircraft and fire and extended coverage Spare Engine and all-risk aircraft hull insurance covering Engines and Parts while temporarily removed from the Aircraft or another Aircraft in the Company’s fleet and not replaced by similar componentscomponents (including, without limitation, aircraft hull war risk and allied perils insurance, if and to the extent the same is maintained by Company (or any Permitted Lessee) with respect to other aircraft and engines owned or leased, and operated by Company (or such Permitted Lessee) on the same routes); provided provided, that such the foregoing insurance shall at all times while the Aircraft and Spare Engines, as applicable, is subject to the Lien of the Indenture this C Mortgage be for an amount (taking into account the self-insurance to the extent permitted by Section 7.04(d)D) not less than the amount payable under Section 5.06(a) upon the occurrence of an Event of LossAgreed Value; provided furtherprovided, that, subject to compliance with Section 7.04(d), that such all-risk property damage insurance covering Engines and Parts while temporarily removed from an Airframe any Aircraft or an airframe or (in the case of Parts) an any Engine need be obtained only to the extent available at a reasonable cost (as reasonably determined by Ownerthe Company). In the case of a loss with respect to an engine (other than an Engine or Spare Engine) installed on the airframe in circumstances which do not constitute an Event of Loss with respect to the Airframe, the Indenture Trustee Collateral Agent shall promptly remit any payment made to it of any insurance proceeds in respect of such loss to Owner Company or any other third party that is entitled to receive such proceeds. Unless an Event of Default has occurred and is continuing, all All losses will be adjusted by Owner Company with the insurers; provided, however, that during a period when any Special Default or Event of Default shall have occurred and be continuing, Company shall not agree to any such adjustment without the consent of the Collateral Agent. As between the Indenture Trustee and Owner, it is agreed that all The insurance payments for any property damage loss to any Airframe or any Engine or Spare Engine not constituting an Event of Loss with respect thereto shall be paid, to the extent such proceeds are not paid by the insurer(s) directly to the person effecting the repair, as follows: all payments in respect of (i) losses on any Engine (under circumstances in which an Event of Loss with respect to an Airframe has not occurred) or Spare Engine less than or equal to $2,500,000 and (ii) any other losses less than or equal to $5,000,000, in each case, shall be paid to the Company (or any Permitted Lessee if directed by the Company), and (x) all payments with respect to losses on any Engine (under circumstances in which an Event of Loss with respect to an Airframe has not occurred) or Spare Engine greater than $2,500,000 up to an amount equal to the Agreed Value, (y) all payments with respect to any other losses greater than $5,000,000 up to an amount equal to the Agreed Value and (z) all payments with respect to losses received while a Special Default or Event of Default shall have occurred and be continuing, in each case, shall be paid to Collateral Agent, to be held as collateral security for the result Company’s obligations hereunder, and, to the extent not theretofore applied as provided in the C Mortgage, applied to reimburse the Company for accomplishing repairs and/or replacements as required, or to pay suppliers directly for such repairs and/or replacements as directed by the Company (or any Permitted Lessee if directed by the Company). In the case of the occurrence any payment to Collateral Agent (other than in respect of an Event of Loss will of an Aircraft) Collateral Agent shall, upon receipt of evidence reasonably satisfactory to it that the damage giving rise to such [C Mortgage and Security Agreement] payment shall have been repaired or that such payment shall then be required to pay for repairs then being made or the replacement of the Engine suffering the Event of Loss, pay the amount of such payment, and, to the extent not theretofore applied as follows:provided in the C Mortgage, any interest or income earned thereon, to the Company or its order.

Appears in 2 contracts

Samples: Mortgage and Security Agreement (United Air Lines Inc), Mortgage and Security Agreement (Ual Corp /De/)

Insurance Against Loss or Damage to the Aircraft. (1) Except as provided in clause (2) of this subsection (bSection 5.2(2), and subject to the provisions of Section 7.04(d) 5.5 hereof permitting the self-insurance, Owner the Company shall maintain or cause to be maintained in effect, at its or any Lessee's expense, with insurers of nationally or internationally recognized responsibilityreputation and responsibility reasonably acceptable to the Mortgagee and the Lenders, "all-risk risk" aircraft hull insurance covering the each Aircraft and fire and extended coverage and aircraft "all-risk aircraft hull risk" spare parts insurance covering Engines and Parts while temporarily removed from the Aircraft (to the extent such Engines and Parts are not replaced covered by similar componentsaircraft hull insurance); provided provided, that such insurance shall at all times while the such Aircraft is subject to the Lien of the Indenture this Mortgage be for an amount agreed value of (taking into account the self-insurance to the extent permitted by Section 7.04(d)5.5 hereof) not less than 115% of the aggregate outstanding amount payable under Section 5.06(a) upon of the occurrence Loan relating to such Aircraft on any date of an Event of Loss; provided further, that, subject to compliance with Section 7.04(d), such all-risk property damage insurance covering Engines and Parts temporarily removed from an Airframe or an airframe or (in the case of Parts) an Engine need be obtained only to the extent available at reasonable cost (as reasonably determined by Owner)determination. In the case of a loss with respect to an engine (other than an Engine) installed on the airframe any Airframe in circumstances which do not constitute an Event of Loss with respect to the such Airframe, the Indenture Trustee Mortgagee shall promptly remit any payment made to it of any insurance proceeds in respect of such loss to Owner the Company or any other third party that is entitled to receive such proceeds. Unless Except during a period when an Event of Default has occurred and is continuing, all losses will be adjusted by Owner the Company (giving due regard to the interest of the Mortgagee) with the insurers. As between the Indenture Trustee Mortgagee and Ownerthe Company, it is agreed that all proceeds of insurance payments maintained in compliance with the preceding paragraph and received as the result of the occurrence of an Event of Loss will be applied as follows:

Appears in 2 contracts

Samples: Aircraft Mortgage and Security Agreement (Frontier Airlines Inc /Co/), Aircraft Mortgage and Security Agreement (Frontier Airlines Inc /Co/)

Insurance Against Loss or Damage to the Aircraft. (1) Except as provided in clause (2) of this subsection (b), and subject to the provisions of Section 7.04(dsubsection (d) of this Exhibit H permitting the self-self- insurance, Owner Lessee shall maintain or cause to be maintained in effect, at its or any LesseeSublessee's expense, with insurers of nationally or internationally recognized responsibility, all-risk aircraft hull insurance covering the Aircraft and fire and extended coverage and all-risk aircraft hull insurance covering Engines and Parts while temporarily removed from the Aircraft and not replaced by similar components; provided that such insurance shall at all times while the Aircraft is subject to the Lien of the Indenture this Lease be for an amount (taking into account the self-insurance to the extent permitted by Section 7.04(d)subsection (d) of this Exhibit H) not less than the amount payable under Section 5.06(a) upon Termination Value for the occurrence of an Event of LossAircraft; provided further, that, subject to compliance with Section 7.04(d)subsection (d) of this Exhibit H, such all-risk property damage insurance covering Engines and Parts temporarily removed from an Airframe or an airframe or (in the case of Parts) an Engine need be obtained only to the extent available at reasonable cost (as reasonably determined by OwnerLessee). In the case of a loss Loss with respect to an engine (other than an Engine) installed on the airframe in circumstances which do not constitute an Event of Loss with respect to the Airframe, the Indenture Trustee Lessor shall promptly remit any payment made to it of any insurance proceeds in respect of such loss Loss to Owner Lessee or any other third party that is entitled to receive such proceeds. Unless an Event of Default has occurred and is continuing, all losses will be adjusted by Owner Lessee with the insurers. As between the Indenture Trustee Lessor and OwnerLessee, it is agreed that all insurance payments received as the result of the occurrence of an Event of Loss will be applied as follows:

Appears in 1 contract

Samples: Lease Agreement (Us Airways Inc)

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Insurance Against Loss or Damage to the Aircraft. (1) Except as provided in clause (2) of this subsection (b), and subject to the provisions of Section 7.04(dsubsection (d) of this Exhibit B permitting the self-self- insurance, Owner shall maintain or cause to be maintained in effect, at its or any Lessee's expense, with insurers of nationally or internationally recognized responsibility, all-all- risk aircraft hull insurance covering the Aircraft and fire and extended coverage and all-risk aircraft hull insurance covering Engines and Parts while temporarily removed from the Aircraft and not replaced by similar components; provided that such insurance shall at all times while the Aircraft is subject to the Lien of the Indenture this Lease be for an amount (taking into account the self-insurance to the extent permitted by Section 7.04(d)subsection (d) of this Exhibit B) not less than the amount payable under Section 5.06(a) upon Termination Value for the occurrence of an Event of LossAircraft; provided further, that, subject to compliance with Section 7.04(d)subsection (d) of this Exhibit B, such all-risk property damage insurance covering Engines and Parts temporarily removed from an Airframe or an airframe or (in the case of Parts) an Engine need be obtained only to the extent available at reasonable cost (as reasonably determined by Owner). In the case of a loss Loss with respect to an engine (other than an Engine) installed on the airframe in circumstances which do not constitute an Event of Loss with respect to the Airframe, the Indenture Trustee shall promptly remit any payment made to it of any insurance proceeds in respect of such loss Loss to Owner or any other third party that is entitled to receive such proceeds. Unless an Event of Default has occurred and is continuing, all losses will be adjusted by Owner with the insurers. As between the Indenture Trustee and Owner, it is agreed that all insurance payments received as the result of the occurrence of an Event of Loss will be applied as follows:

Appears in 1 contract

Samples: Indenture and Security Agreement (Us Airways Inc)

Insurance Against Loss or Damage to the Aircraft. (1) Except as provided in clause (2) of this subsection (b), and subject to the provisions of Section 7.04(dsubsection (d) of this Exhibit H permitting the self-self- insurance, Owner Lessee shall maintain or cause to be maintained in effect, at its or any LesseeSublessee's expense, with insurers of nationally or internationally recognized responsibility, all-risk aircraft hull insurance covering the Aircraft and fire and extended coverage and all-risk aircraft hull insurance covering Engines and Parts while temporarily removed from the Aircraft and not replaced by similar components; provided that such insurance shall at all times while the Aircraft is subject to the Lien of the Indenture this Lease be for an amount (taking into account the self-insurance to the extent permitted by Section 7.04(d)subsection (d) of this Exhibit H) not less than the amount payable under Section 5.06(a) upon Termination Value for the occurrence of an Event of LossAircraft; provided further, that, subject to compliance with Section 7.04(d)subsection (d) of this Exhibit H, such all-risk property damage insurance covering Engines and Parts temporarily removed from an Airframe or an airframe or (in the case of Parts) an Engine need be obtained only to the extent available at reasonable cost (as reasonably determined by OwnerLessee). In the case of a loss Loss with respect to an engine (other than an Engine) installed on the airframe in circumstances which do not constitute an Event of Loss with respect to the Airframe, the Indenture Trustee Lessor shall promptly remit any payment made to it of any insurance proceeds in respect of such loss Loss to Owner Lessee or any other third party that is entitled to receive such proceeds. Unless an Event of Default has occurred and is continuing, all losses will be adjusted by Owner Lessee with the insurers. As between the Indenture Trustee Lessor and OwnerLessee, it is agreed that all insurance payments received as the result of the occurrence of an Event of Loss will be applied as follows:

Appears in 1 contract

Samples: Lease Agreement (Us Airways Inc)

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