LESSEE LIABILITY FOR DAMAGES. If an Event of Default occurs, in addition to all other remedies available at law or in equity, LESSOR has the right to recover from LESSEE and LESSEE will pay LESSOR within two (2) Business Days after LESSOR's written demand, all of the following: (a) all amounts which are then due and unpaid hereunder and which become due prior to the earlier of LESSOR's recovery of possession of the Aircraft or LESSEE making an effective tender thereof; (b) any losses suffered by LESSOR because of LESSOR's inability to place the Aircraft on lease with another lessee or to otherwise utilize the Aircraft on financial terms as favorable to LESSOR as the terms hereof or, if LESSOR elects to dispose of the Aircraft, the funds arising from a sale or other disposition of the Aircraft are not as profitable to LESSOR as leasing the Aircraft in accordance with the terms hereof would have been (and LESSOR will be entitled to accelerate any and all Rent which would have been due from the date of LESSOR's recovery or repossession of the Aircraft through the Expiration Date); (c) all costs associated with LESSOR's exercise of its remedies hereunder, including but not limited to repossession costs, legal fees, Aircraft storage costs, Aircraft re-lease or sale costs and LESSOR's internal costs and expenses (including the cost of personnel time calculated based upon the compensation paid to the individuals involved on an annual basis and a general LESSOR overhead allocation); (d) any amount of principal, interest, fees or other sums paid or payable on account of funds borrowed in order to carry any unpaid amount; (e) any loss, premium, penalty or expense which may be incurred in repaying funds raised to finance the Aircraft or in unwinding any financial instrument relating in whole or in part to LESSOR's financing of the Aircraft; (f) any loss, cost, expense or liability sustained by LESSOR due to LESSEE's failure to redeliver the Aircraft in the condition required by this Lease; and (g) any other loss, damage, expense, cost or liability which LESSOR suffers or incurs as a result of the Event of Default and/or termination of this Lease, including an amount sufficient to fully compensate LESSOR for any loss of or damage to LESSOR's residual interest in the Aircraft caused by LESSEE's default.
Appears in 29 contracts
Samples: Aircraft Lease Agreement (Hawaiian Airlines Inc/Hi), Aircraft Lease Agreement (Amtran Inc), Aircraft Lease Agreement (Amtran Inc)
LESSEE LIABILITY FOR DAMAGES. If an Event of Default occurs, in addition to all other remedies available at law or in equityunder applicable Law, LESSOR has the right to recover from LESSEE LESSEE, and LESSEE will pay indemnify LESSOR within two (2) Business Days after on LESSOR's first written demanddemand against, all of the followingany loss, damage, expense, cost or liability which LESSOR may sustain or incur directly or indirectly as a result, including:
(a) any losses suffered by LESSOR as a result of a delay in Delivery of the Aircraft to LESSEE, including Aircraft parking, maintenance costs and insurance costs during the period of delay;
(b) all amounts which are then due and unpaid hereunder and or under any other Operative Document or which become due prior to the earlier of LESSOR's recovery of possession of the Aircraft or LESSEE making an effective tender thereofAircraft;
(bc) any losses suffered by LESSOR or Owner because of LESSOR's an inability by LESSOR or Owner to place the Aircraft on lease with another lessee or to otherwise utilize the Aircraft on financial terms as favorable to LESSOR as the terms hereof orof this Lease and the other Operative Documents (and LESSOR will be entitled to accelerate any and all Rent which would have been due from the date of LESSOR's recovery of possession of the Aircraft through the Expiration Date);
(d) if LESSOR, if LESSOR Owner or any other Relevant Party elects to dispose of or transfer its respective interest in the Aircraft, any losses suffered by LESSOR, Owner or such other Relevant Party because the funds arising from a sale sale, transfer or other disposition of the Aircraft or any interest therein are not as profitable to LESSOR LESSOR, Owner or such other Relevant Party as leasing the Aircraft in accordance with the terms hereof would have been (and LESSOR will be entitled to accelerate any and all Rent which would have been due from the date of LESSOR's recovery or repossession of possession of the Aircraft through the Expiration Date);
(ce) all costs associated with LESSOR's exercise of its remedies hereunder, including but not limited to repossession costs, insurance costs, reasonable legal fees, Aircraft storage storage, maintenance and preservation costs, Aircraft re-re lease or sale costs and LESSOR's internal costs and expenses (including the cost of personnel time calculated based upon the compensation paid to the individuals involved on an annual basis and a general LESSOR overhead allocation);
(df) any amount of principal, interest, fees or other sums paid or payable on account of funds borrowed in order to carry any unpaid amount;
(eg) any loss, premium, penalty or expense which may be incurred in repaying funds raised to finance the Aircraft or in unwinding any financial instrument relating in whole or in part to LESSOR's the financing of the Aircraft;
(fh) any loss, cost, expense or liability sustained by LESSOR or Owner due to LESSEE's failure to redeliver return the Aircraft in the condition required by this Lease; and
(g) any other loss, damage, expense, cost or liability which LESSOR suffers or incurs as a result of the Event of Default and/or termination of this Lease, including an amount equal to the costs incurred (or likely to be incurred) by LESSOR or Owner for maintenance and modifications as necessary to put the Aircraft into such condition and into the condition necessary for delivery to a purchaser or next lessee and an amount sufficient to fully compensate Owner and LESSOR for loss of bargain if such failure results in the cancellation of a pending sale or lease of the Aircraft;
(i) an amount sufficient to fully compensate Owner for any loss of or damage diminution to LESSOROwner's residual interest in the Aircraft caused by due to LESSEE's defaultfailure to maintain the Aircraft in accordance with this Lease and the other Operative Documents; and
(j) any additional amount(s) as may be necessary to place LESSOR in the same economic position, on an after tax basis, as LESSOR would have been in if LESSEE had properly and fully performed each of its obligations under this Lease and the other Operative Documents.
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LESSEE LIABILITY FOR DAMAGES. If Upon the occurrence and during the continuance of an Event of Default occursDefault, in addition to all other remedies available at law or in equity, LESSOR has the right to recover from LESSEE and LESSEE will pay LESSOR within two (2) Business Days after LESSOR's ’s written demand, all of the following:
(a) all amounts which are then due and unpaid hereunder and which become due prior to the earlier of LESSOR's ’s recovery of possession of the Aircraft or LESSEE making an effective tender thereof;
(b) subject to LESSOR’s obligations at Law to mitigate its damages, any losses suffered by LESSOR because of LESSOR's ’s inability to place the Aircraft on lease with another lessee or to otherwise utilize the Aircraft on financial terms as favorable to LESSOR as the terms hereof or, if LESSOR elects to dispose of the Aircraft, the funds arising from a sale or other disposition of the Aircraft are not as profitable to LESSOR as leasing the Aircraft in accordance with the terms hereof would have been (and LESSOR will be entitled to accelerate any and all Rent which would have been due from the date of LESSOR's ’s recovery or repossession of the Aircraft through the Expiration Date);
(c) all costs associated with LESSOR's ’s exercise of its remedies hereunder, including but not limited to repossession costs, legal fees, Aircraft storage costs, costs and Aircraft re-lease or sale costs and LESSOR's internal costs and expenses (including the cost of personnel time calculated based upon the compensation paid to the individuals involved on an annual basis and a general LESSOR overhead allocation)costs;
(d) any amount of principal, interest, fees or other sums paid or payable on account of funds borrowed in order to carry any unpaid amount;
(e) any loss, premium, penalty or expense which may be incurred in repaying funds raised to finance the Aircraft or in unwinding any financial instrument relating in whole or in part to LESSOR's ’s financing of the Aircraft;
(f) any loss, cost, expense or liability sustained direct expenses incurred by LESSOR due to LESSEE's failure to redeliver correct non-conformance of the Aircraft with return conditions in the condition required by this Leaseaccordance with Article 23.11.4; and
(g) any other loss, damage, expense, cost or liability which LESSOR suffers or incurs as a result of the Event of Default and/or termination of this Lease, including an amount sufficient to fully compensate LESSOR for any loss of or damage to LESSOR's residual interest in the Aircraft caused by LESSEE's ’s default.
Appears in 1 contract
Samples: Aircraft Lease Agreement (Frontier Airlines Inc /Co/)
LESSEE LIABILITY FOR DAMAGES. If an Event of Default occurs, in addition to all other remedies available at law or in equity, LESSOR has the right to recover from LESSEE and LESSEE will pay LESSOR within two (2) Business Days after LESSOR's written demand, all of the following:
(a) all amounts which are then due and unpaid hereunder and which become due prior to the earlier of LESSOR's recovery of possession of the Aircraft or LESSEE making an effective tender thereof;
(b) any losses suffered by LESSOR because of LESSOR's inability to place the Aircraft on lease with another lessee or to otherwise utilize the Aircraft on financial terms as favorable to LESSOR as the terms hereof or, if LESSOR elects to dispose of the Aircraft, the funds arising from a sale or other disposition of the Aircraft are not as profitable to LESSOR as leasing the Aircraft in accordance with the terms hereof would have been (and LESSOR will be entitled to accelerate any and all Rent which would have been due from the date of LESSOR's recovery or repossession of the Aircraft through the Expiration Date) which rent shall be discounted to present value less any amounts (i) in respect of a lease, which over its term shall be received by LESSOR discounted to present value as set forth above or (ii) in the case of a sale or other disposition, the amounts which were received by LESSOR is a result of such sale or other disposition (or if not relet or sold, less an amount equal to the fair market rental value of the aircraft for the balance of the Lease Term determined by an independent appraiser acceptable to LESSOR and LESSEE or chosen by a court);
(c) all costs costs, associated with LESSOR's exercise of its remedies hereunder, including but not limited to repossession costs, legal fees, Aircraft storage costs, Aircraft re-lease or sale costs and LESSOR's internal costs and expenses (including the cost of personnel time calculated based upon the compensation paid to the individuals involved on an annual basis and a general LESSOR overhead allocation)costs;
(d) any amount of principal, interest, fees or other sums paid or payable on account of funds borrowed in order to carry any unpaid amount;
(e) any loss, premium, penalty or expense which may be incurred in repaying funds raised to finance the Aircraft or in unwinding any financial instrument relating in whole or in part to LESSOR's financing of the Aircraft;
(f) any loss, cost, expense or liability sustained by LESSOR due to LESSEE's failure to redeliver the Aircraft in the condition required by this Lease; and
(g) any other loss, damage, expense, cost or liability which LESSOR suffers or incurs as a direct result of the Event of Default and/or termination of this Lease, including (but without duplication of amounts due and payable pursuant to (f) above) an amount sufficient to fully compensate LESSOR for any loss of or damage to LESSOR's residual interest in the Aircraft caused by LESSEE's default.
Appears in 1 contract
LESSEE LIABILITY FOR DAMAGES. If an Event of Default occurs, in addition to all other remedies available at law or in equity, LESSOR has the right to recover from LESSEE and LESSEE will pay LESSOR within two (2) Business Days after LESSOR's ’s written demand, all of the following:
(a) any losses suffered by LESSOR as a result of a delay in Delivery of the Aircraft to LESSEE, including payments to Manufacturer such as additional purchase price escalation and Aircraft parking, maintenance costs and insurance costs during the period of delay;
(b) without duplication, all amounts which are then due and unpaid hereunder and which become due prior to the earlier of LESSOR's ’s recovery of possession of the Aircraft or LESSEE making an effective tender thereof;
(bc) without duplication, any losses suffered by LESSOR because of LESSOR's ’s inability to place the Aircraft on lease with another lessee or to otherwise utilize the Aircraft on financial terms as favorable to LESSOR as the terms hereof for the Lease Term or, if LESSOR elects to dispose of the Aircraft, the funds arising from a sale or other disposition of the Aircraft are not as profitable to LESSOR as leasing the Aircraft in accordance with the terms hereof would have been (and LESSOR will be entitled to accelerate any and all Rent which would have been due from the date of LESSOR's ’s recovery or repossession of the Aircraft through the Expiration Date);
(cd) without duplication, all costs associated with LESSOR's ’s exercise of its remedies hereunder, including but not limited to repossession costs, legal fees, Aircraft storage costs, Aircraft re-lease release or sale costs and LESSOR's ’s internal costs and expenses (including the cost of personnel time calculated based upon the compensation paid to the individuals involved on an annual basis and a general LESSOR overhead allocation);
(de) without duplication, any amount of principal, interest, fees or other sums paid or payable on account of funds borrowed in order to carry any unpaid amountamount resulting from the occurrence of an Event of Default;
(ef) without duplication, any loss, premium, penalty or expense which may be incurred in repaying funds raised to finance the Aircraft or in unwinding any financial instrument relating in whole or in part to LESSOR's ’s financing of the Aircraft;; 100 ARTICLE 25 DEFAULT OF LESSEE
(fg) without duplication, any loss, cost, expense or liability sustained by LESSOR due to LESSEE's ’s failure to redeliver the Aircraft in the condition required by this Lease; and
(gh) without duplication, any other loss, damage, expense, cost or liability which LESSOR suffers or incurs as a result of the Event of Default and/or termination of this Lease. Notwithstanding the foregoing, including an amount sufficient LESSOR shall use reasonable efforts to fully compensate LESSOR for mitigate any loss of or damage to LESSOR's residual interest in the Aircraft caused by LESSEE's defaultsuch losses.
Appears in 1 contract
Samples: Aircraft Lease Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.)
LESSEE LIABILITY FOR DAMAGES. If an Event of Default occurs, in addition to all other remedies available at law or in equity, LESSOR has the right to recover from LESSEE and LESSEE will pay LESSOR within two (2) Business Days after LESSOR's ’s written demand, all of the following:
(a) any losses suffered by LESSOR as a result of a delay in Delivery of the Aircraft to LESSEE, including payments to Manufacturer such as additional purchase price escalation and Aircraft parking, maintenance costs and insurance costs during the period of delay;
(b) without duplication, all amounts which are then due and unpaid hereunder and which become due prior to the earlier of LESSOR's ’s recovery of possession of the Aircraft or LESSEE making an effective tender thereof;
(bc) without duplication, any losses suffered by LESSOR because of LESSOR's ’s inability to place the Aircraft on lease with another lessee or to otherwise utilize the Aircraft on financial terms as favorable to LESSOR as the terms hereof for the Lease Term or, if LESSOR elects to dispose of the Aircraft, the funds arising from a sale or other disposition of the Aircraft are not as profitable to LESSOR as leasing the Aircraft in accordance with the terms hereof would have been (and LESSOR will be entitled to accelerate any and all Rent which would have been due from the date of LESSOR's ’s recovery or repossession of the Aircraft through the Expiration Date);
(cd) without duplication, all costs associated with LESSOR's ’s exercise of its remedies hereunder, including but not limited to repossession costs, legal fees, Aircraft storage costs, Aircraft re-lease or sale costs and LESSOR's ’s internal costs and expenses (including the cost of personnel time calculated based upon the compensation paid to the individuals involved on an annual basis and a general LESSOR overhead allocation);
(de) without duplication, any amount of principal, interest, fees or other sums paid or payable on account of funds borrowed in order to carry any unpaid amountamount resulting from the occurrence of an Event of Default;
(ef) without duplication, any loss, premium, penalty or expense which may be incurred in repaying funds raised to finance the Aircraft or in unwinding any financial instrument relating in whole or in part to LESSOR's ’s financing of the Aircraft;
(fg) without duplication, any loss, cost, expense or liability sustained by LESSOR due to LESSEE's ’s failure to redeliver the Aircraft in the condition required by this Lease; and
(gh) without duplication, any other loss, damage, expense, cost or liability which LESSOR suffers or incurs as a result of the Event of Default and/or termination of this Lease, including an amount sufficient to fully compensate LESSOR for any loss of or damage to LESSOR's residual interest in the Aircraft caused by LESSEE's default.
Appears in 1 contract
Samples: Aircraft Lease Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.)
LESSEE LIABILITY FOR DAMAGES. If an Event of Default occurs, in addition to all other remedies available at law or in equity, LESSOR has the right to recover from LESSEE and LESSEE will pay LESSOR within two (2) Business Days after LESSOR's written demand, all of the following, but without duplication:
(a) all All amounts which are then due and unpaid hereunder and which become due prior to the earlier of LESSOR's recovery of possession of the Aircraft or LESSEE making an effective tender thereof;.
(b) any Any losses suffered by LESSOR because of LESSOR's inability to place the Aircraft on lease with another lessee or to otherwise utilize the Aircraft on financial terms as favorable to LESSOR as the terms hereof or, if LESSOR elects to sell or dispose of the Aircraft, the funds arising from a such sale or other disposition of the Aircraft are not as profitable to LESSOR as leasing the Aircraft in accordance with the terms hereof would have been (and LESSOR will be entitled to accelerate any and all scheduled Rent which would have been due from the date of LESSOR's recovery or repossession of the Aircraft through the Expiration Date);.
(c) all All properly documented costs associated with LESSOR's exercise of its remedies hereunder, including but not limited to repossession costs, legal fees, Aircraft storage costs, Aircraft re-lease or sale costs and LESSOR's internal reasonable and actual costs and expenses (including the cost of personnel time calculated based upon the compensation paid to the individuals involved on an annual basis and a general LESSOR overhead allocationbasis);.
(d) any Any amount of principal, interest, fees or other sums paid or by LESSOR payable on account of funds borrowed in order to carry any unpaid amount;amount resulting from LESSEE's failure to make any payments due hereunder.
(e) any loss, premium, penalty or expense which may be incurred in repaying funds raised to finance the Aircraft or in unwinding any financial instrument relating in whole or in part to LESSOR's financing of the Aircraft;
(f) any Any loss, cost, expense or liability sustained by LESSOR due to LESSEE's failure to redeliver the Aircraft in the condition required by this Lease; and.
(gf) any Any other loss, damage, expense, cost or liability which LESSOR suffers or incurs as a result of the Event of Default and/or termination of this Lease, including an amount sufficient to fully compensate LESSOR for any loss of or damage to LESSOR's residual interest in the Aircraft caused by LESSEE's default.
Appears in 1 contract
Samples: Aircraft Lease Agreement (Western Pacific Airlines Inc /De/)
LESSEE LIABILITY FOR DAMAGES. If Upon the occurrence and during the continuance of an Event of Default occursDefault, in addition to all other remedies available at law or in equity, LESSOR has the right to recover from LESSEE and LESSEE will pay LESSOR within two (2) Business Days after LESSOR's written demand, all of the following:
(a) all amounts which are then due and unpaid hereunder and which become due prior to the earlier of LESSOR's recovery of possession of the Aircraft or LESSEE making an effective tender thereof;
(b) subject to LESSOR's obligations at Law to mitigate its damages, any losses suffered by LESSOR because of LESSOR's inability to place the Aircraft on lease with another lessee or to otherwise utilize the Aircraft on financial terms as favorable to LESSOR as the terms hereof or, if LESSOR elects to dispose of the Aircraft, the funds arising from a sale or other disposition of the Aircraft are not as profitable to LESSOR as leasing the Aircraft in accordance with the terms hereof would have been (and LESSOR will be entitled to accelerate any and all Rent which would have been due from the date of LESSOR's recovery or repossession of the Aircraft through the Expiration Date);
(c) all costs associated with LESSOR's exercise of its remedies hereunder, including but not limited to repossession costs, legal fees, Aircraft storage costs, costs and Aircraft re-lease or sale costs and LESSOR's internal costs and expenses (including the cost of personnel time calculated based upon the compensation paid to the individuals involved on an annual basis and a general LESSOR overhead allocation)costs;
(d) any amount of principal, interest, fees or other sums paid or payable on account of funds borrowed in order to carry any unpaid amount;
(e) any loss, premium, penalty or expense which may be incurred in repaying funds raised to finance the Aircraft or in unwinding any financial instrument relating in whole or in part to LESSOR's financing of the Aircraft;
(f) any loss, cost, expense or liability sustained direct expenses incurred by LESSOR due to LESSEE's failure to redeliver correct non-conformance of the Aircraft with return conditions in the condition required by this Leaseaccordance with Article 23.11.3; and
(g) any other loss, damage, expense, cost or liability which LESSOR suffers or incurs as a result of the Event of Default and/or termination of this Lease, including an amount sufficient to fully compensate LESSOR for any loss of or damage to LESSOR's residual interest in the Aircraft caused by LESSEE's default.
Appears in 1 contract
Samples: Aircraft Lease Agreement (Frontier Airlines Inc /Co/)
LESSEE LIABILITY FOR DAMAGES. If an Event of Default occurs, in addition to all other remedies available at law or in equity, LESSOR Lessor has the right to recover from LESSEE and LESSEE will pay LESSOR within two (2) Business Days after LESSOR's written demand, Lessee all of the following:
(a) all All amounts which are then due and unpaid hereunder hereunder, and which become due prior to the earlier of LESSORLessor's recovery of possession of the Aircraft or LESSEE Lessee making an effective tender thereof;
(b) any losses Any lost profits suffered by LESSOR Lessor because of LESSORLessor's inability to place the Aircraft on lease with another lessee or to otherwise utilize the Aircraft on financial terms as favorable to LESSOR Lessor as the terms hereof oror because whatever use, if LESSOR elects any, to dispose of which Lessor is able to put the Aircraft, Aircraft upon its return or the funds arising from a sale or other disposition of the Aircraft are not as profitable to LESSOR Lessor as leasing the Aircraft in accordance with the terms hereof would have been (and LESSOR will be entitled to accelerate any and all Rent which would have been due from the date of LESSOR's recovery or repossession of the Aircraft through the Expiration Date)been;
(c) all All costs associated with LESSORLessor's exercise of its remedies hereunder, including including, but not limited to to, repossession costs, legal feesfees and disbursements, Aircraft storage costs, costs and Aircraft re-lease or sale costs and LESSOR's internal costs and expenses (including the cost of personnel time calculated based upon the compensation paid to the individuals involved on an annual basis and a general LESSOR overhead allocation)costs;
(d) any amount of principal, interest, fees or other sums paid or payable on account of funds borrowed in order to carry any unpaid amount;
(e) any loss, premium, penalty or expense which may be incurred in repaying funds raised to finance the Aircraft or in unwinding any financial instrument relating in whole or in part to LESSOR's financing of the Aircraft;
(f) any Any loss, cost, expense or liability sustained by LESSOR Lessor due to LESSEELessee's failure to redeliver the Aircraft in the condition required by this the Lease; and,
(ge) any Any other losslosses (including lost profits), damage, expense, cost or liability which LESSOR Lessor suffers or incurs as a result of the Event of Default and/or termination of this Lease, including including, without limitation, an amount sufficient to fully compensate LESSOR Lessor for any loss of or damage to LESSORLessor's residual interest in the Aircraft caused by LESSEELessee's default.
Appears in 1 contract
LESSEE LIABILITY FOR DAMAGES. If an Event of Default occurs, in addition to all other remedies available at law or in equity, LESSOR has the right to recover from LESSEE and LESSEE will pay LESSOR within two (2) Business Days after LESSOR's written demand, all of the following:
(a) all amounts which are then due and unpaid hereunder and which become due prior to the earlier of LESSOR's recovery of possession of the Aircraft or LESSEE making an effective tender thereof;
(b) any losses suffered by LESSOR because of LESSOR's inability to place the Aircraft on lease with another lessee or to otherwise utilize the Aircraft on financial terms as favorable to LESSOR as the terms hereof or, if LESSOR elects to dispose of the Aircraft, the funds arising from a sale or other disposition of the Aircraft are not as profitable to LESSOR as leasing the Aircraft in accordance with the terms hereof would have been (and LESSOR will be entitled to accelerate any and all Rent which would have been due from the date of LESSOR's recovery or repossession of the Aircraft through the Expiration Date) which rent shall be discounted to present value less any amounts (i) in respect of a lease, which over its term shall be received by LESSOR discounted to present value as set forth above or (ii) in the case of a sale or other disposition, the amounts which were received by LESSOR is a result of such sale or other disposition (or if not relet or sold, less an amount equal to the fair market rental value of the aircraft for the balance of the Lease Term determined by an independent appraiser acceptable to LESSOR and LESSEE or chosen by a court);
(c) all costs associated with LESSOR's exercise of its remedies hereunder, including but not limited to repossession costs, legal fees, Aircraft storage costs, Aircraft re-lease or sale costs and LESSOR's internal costs and expenses (including the cost of personnel time calculated based upon the compensation paid to the individuals involved on an annual basis and a general LESSOR overhead allocation)costs;
(d) any amount of principal, interest, fees or other sums paid or payable on account of funds borrowed in order to carry any unpaid amount;
(e) any loss, premium, penalty or expense which may be incurred in repaying funds raised to finance the Aircraft Aircraft. or in unwinding any financial instrument relating in whole or in part to LESSOR's financing of the Aircraft;
(f) any loss, cost, expense or liability sustained by LESSOR due to LESSEE's failure to redeliver the Aircraft in the condition required by this Lease; and
(g) any other loss, damage, expense, cost or liability which LESSOR suffers or incurs as as, a direct result of the Event of Default and/or termination of this Leasebase, including (but without duplication of amounts due and payable pursuant to (f) above) an amount sufficient to fully compensate LESSOR for any loss of or damage to LESSOR's residual interest in the Aircraft caused by LESSEE's default.
Appears in 1 contract
LESSEE LIABILITY FOR DAMAGES. If Upon the occurrence and during the continuance of an Event of Default occursDefault, in addition to all other remedies available at law or in equity, LESSOR has the right to recover from LESSEE and LESSEE will pay LESSOR within two (2) Business Days after LESSOR's written demand, all of the following:
(a) all amounts which are then due and unpaid hereunder and which become due prior to the earlier of LESSOR's recovery of possession of the Aircraft or LESSEE making an effective tender thereof;
(b) subject to LESSOR's obligations at Law to mitigate its damages, any losses suffered by LESSOR because of LESSOR's inability to place the Aircraft on lease with another lessee or to otherwise utilize the Aircraft on financial terms as favorable to LESSOR as the terms hereof or, if LESSOR elects to dispose of the Aircraft, the funds arising from a sale or other disposition of the Aircraft are not as profitable to LESSOR as leasing the Aircraft in accordance with the terms hereof would have been (and LESSOR will be entitled to accelerate any and all Rent which would have been due from the date of LESSOR's recovery or repossession of the Aircraft through the Expiration Date);
(c) all costs associated with LESSOR's exercise of its remedies hereunder, including but not limited to repossession costs, legal fees, Aircraft storage costs, costs and Aircraft re-re lease or sale costs and LESSOR's internal costs and expenses (including the cost of personnel time calculated based upon the compensation paid to the individuals involved on an annual basis and a general LESSOR overhead allocation)costs;
(d) any amount of principal, interest, fees or other sums paid or payable on account of funds borrowed in order to carry any unpaid amount;
(e) any loss, premium, penalty or expense which may be incurred in repaying funds raised to finance the Aircraft or in unwinding any financial instrument relating in whole or in part to LESSOR's financing of the Aircraft;
(f) any loss, cost, expense or liability sustained direct expenses incurred by LESSOR due to LESSEE's failure to redeliver correct non conformance of the Aircraft with return conditions in the condition required by this Leaseaccordance with Article 23.13.3; and
(g) any other loss, damage, expense, cost or liability which LESSOR suffers or incurs as a result of the Event of Default and/or termination of this Lease, including an amount sufficient to fully compensate LESSOR for any loss of or damage to LESSOR's residual interest in the Aircraft caused by LESSEE's default.
Appears in 1 contract
Samples: Aircraft Lease Agreement (Frontier Airlines Inc /Co/)
LESSEE LIABILITY FOR DAMAGES. If an Event of Default occurs, in addition to all other remedies available at law or in equity, LESSOR has the right to recover from LESSEE and LESSEE will pay LESSOR within two (2) Business Days after LESSOR's ’s written demand, all of the following:
(a) all amounts which are then due and unpaid hereunder and which become due prior to the earlier of LESSOR's ’s recovery of possession of the Aircraft or LESSEE making an effective tender thereof;
(b) any losses suffered by LESSOR because of LESSOR's ’s inability to place the Aircraft on lease with another lessee or to otherwise utilize the Aircraft on financial terms as favorable to LESSOR as the terms hereof or, if LESSOR elects to dispose of the Aircraft, the funds arising from a sale or other disposition of the Aircraft are not as profitable to LESSOR as leasing the Aircraft in accordance with the terms hereof would have been (and LESSOR will be entitled to accelerate any and all Rent which would have been due from the date of LESSOR's ’s recovery or repossession of the Aircraft through the Expiration Date) which rent shall be discounted to present value less any amounts (i) in respect of a lease, which over its term shall be received by LESSOR discounted to present value as set forth above or (ii) in the case of a sale or other disposition, the amounts which were received by LESSOR is a result of such sale or other disposition (or if not relet or sold, less an amount equal to the fair market rental value of the aircraft for the balance of the Lease Term determined by an independent appraiser acceptable to LESSOR and LESSEE or chosen by a court);
(c) all costs costs, associated with LESSOR's ’s exercise of its remedies hereunder, including but not limited to repossession costs, legal fees, Aircraft storage costs, Aircraft re-lease or sale costs and LESSOR's internal costs and expenses (including the cost of personnel time calculated based upon the compensation paid to the individuals involved on an annual basis and a general LESSOR overhead allocation)costs;
(d) any amount of principal, interest, fees or other sums paid or payable on account of funds borrowed in order to carry any unpaid amount;
(e) any loss, premium, penalty or expense which may be incurred in repaying funds raised to finance the Aircraft or in unwinding any financial instrument relating in whole or in part to LESSOR's ’s financing of the Aircraft;
(f) any loss, cost, expense or liability sustained by LESSOR due to LESSEE's ’s failure to redeliver the Aircraft in the condition required by this Lease; and
(g) any other loss, damage, expense, cost or liability which LESSOR suffers or incurs as a direct result of the Event of Default and/or termination of this Lease, including (but without duplication of amounts due and payable pursuant to (f) above) an amount sufficient to fully compensate LESSOR for any loss of or damage to LESSOR's ’s residual interest in the Aircraft caused by LESSEE's ’s default.
Appears in 1 contract
LESSEE LIABILITY FOR DAMAGES. If an Event of Default occurs, in addition to all other remedies available at law or in equity, LESSOR has the right to recover from LESSEE and LESSEE will pay LESSOR within two (2) Business Days after LESSOR's ’s written demand, all of the following:
(a) any losses suffered by LESSOR as a result of a delay in Delivery of the Aircraft to LESSEE, including payments to Manufacturer such as additional purchase price escalation and Aircraft parking, maintenance costs and insurance costs during the period of delay;
(b) without duplication, all amounts which are then due and unpaid hereunder and which become due prior to the earlier of LESSOR's ’s recovery of possession of the Aircraft or LESSEE making an effective tender thereof;
(bc) without duplication, any losses suffered by LESSOR because of LESSOR's ’s inability to place the Aircraft on lease with another lessee or to otherwise utilize the Aircraft on financial terms as favorable to LESSOR as the terms hereof for the Lease Term or, if LESSOR elects to dispose of the Aircraft, the funds arising from a sale or other disposition of the Aircraft are not as profitable to LESSOR as leasing the Aircraft in accordance with the terms hereof would have been (and LESSOR will be entitled to accelerate any and all Rent which would have been due from the date of LESSOR's ’s recovery or repossession of the Aircraft through the Expiration Date);
(cd) without duplication, all costs associated with LESSOR's ’s exercise of its remedies hereunder, including but not limited to repossession costs, legal fees, Aircraft storage costs, Aircraft re-lease or sale costs and LESSOR's ’s internal costs and expenses (including the cost of personnel time calculated based upon the compensation paid to the individuals involved on an annual basis and a general LESSOR overhead allocation);
(de) without duplication, any amount of principal, interest, fees or other sums paid or payable on account of funds borrowed in order to carry any unpaid amountamount resulting from the occurrence of an Event of Default;
(ef) without duplication, any loss, premium, penalty or expense which may be incurred in repaying funds raised to finance the Aircraft or in unwinding any financial instrument relating in whole or in part to LESSOR's ’s financing of the Aircraft;
(f) any loss, cost, expense or liability sustained by LESSOR due to LESSEE's failure to redeliver the Aircraft in the condition required by this Lease; and
(g) any other loss, damage, expense, cost or liability which LESSOR suffers or incurs as a result of the Event of Default and/or termination of this Lease, including an amount sufficient to fully compensate LESSOR for any loss of or damage to LESSOR's residual interest in the Aircraft caused by LESSEE's default.
Appears in 1 contract
Samples: Aircraft Lease Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.)
LESSEE LIABILITY FOR DAMAGES. If Upon the occurrence and during the continuance of an Event of Default occursDefault, in addition to all other remedies available at law or in equity, LESSOR has the right to recover from LESSEE and LESSEE will pay LESSOR within two (2) Business Days after LESSOR's written demand, all of the following:
(a) all amounts which are then due and unpaid hereunder and which become due prior to the earlier of LESSOR's recovery of possession of the Aircraft or LESSEE making an effective tender thereof;
(b) subject to LESSOR's obligations at Law to mitigate its damages, any losses suffered by LESSOR because of LESSOR's inability to place the Aircraft on lease with another lessee or to otherwise utilize the Aircraft on financial terms as favorable to LESSOR as the terms hereof or, if LESSOR elects to dispose of the Aircraft, the funds arising from a sale or other disposition of the Aircraft are not as profitable to LESSOR as leasing the Aircraft in accordance with the terms hereof would have been (and LESSOR will be entitled to accelerate any and all Rent which would have been due from the date of LESSOR's recovery or repossession of the Aircraft through the Expiration Date);
(c) all costs associated with LESSOR's exercise of its remedies hereunder, including but not limited to repossession costs, legal fees, Aircraft storage costs, costs and Aircraft re-lease or sale costs and LESSOR's internal costs and expenses (including the cost of personnel time calculated based upon the compensation paid to the individuals involved on an annual basis and a general LESSOR overhead allocation)costs;
(d) any amount of principal, interest, fees or other sums paid or payable on account of funds borrowed in order to carry any unpaid amount;
(e) any loss, premium, penalty or expense which may be incurred in repaying funds raised to finance the Aircraft or in unwinding any financial instrument relating in whole or in part to LESSOR's financing of the Aircraft;
(f) any loss, cost, expense or liability sustained direct expenses incurred by LESSOR due to LESSEE's failure to redeliver correct non-conformance of the Aircraft with return conditions in the condition required by this Leaseaccordance with Article 23.11.4; and
(g) any other loss, damage, expense, cost or liability which LESSOR suffers or incurs as a result of the Event of Default and/or termination of this Lease, including an amount sufficient to fully compensate LESSOR for any loss of or damage to LESSOR's residual interest in the Aircraft caused by LESSEE's default.
Appears in 1 contract
Samples: Aircraft Lease Agreement (Frontier Airlines Inc /Co/)