Lessee’s Conditions Precedent. The conditions precedent to Lessee’s obligation to accept Delivery and commence the leasing of the Aircraft are set forth on Schedule 9 hereto.
Lessee’s Conditions Precedent. Lessee’s obligation to take and to commence the leasing of the Aircraft under this Agreement is subject to fulfillment of each of the following conditions:
Lessee’s Conditions Precedent. Lessee's obligation to accept and lease the Aircraft from Lessor under this Agreement is subject to satisfaction of each of the following conditions.
3.3.1 The Aircraft is substantially and materially in the condition set forth in Schedule 4.
3.3.2 The receipt by Lessee from Lessor on or prior to the Delivery Date of the following, each in form and substance reasonably satisfactory to Lessee:
Lessee’s Conditions Precedent. LESSOR's obligation to lease the Aircraft hereunder to LESSEE shall be subject to the receipt by LESSOR, on or before the Effective Date (or such other date as provided for herein), of the following from LESSEE, all of which shall be satisfactory in form and substance to LESSOR:
(1) Certified copy of a resolution of LESSEE's Board of Directors, authorizing the entering into and performance of this Lease together with an incumbency certificate as to the person or persons authorized to execute and deliver this Lease and the other Lease Documents on behalf of LESSEE;
(2) LESSEE's articles or certificate of incorporation and by-laws certified by an officer of LESSEE;
(3) A favorable opinion of counsel of LESSEE, addressed to LESSOR, dated the Effective Date, as to the matters set forth in clauses (1) through (5) and (7) of Subsection 6(D) hereof, provided however, the opinion shall be to the best of such counsel's knowledge as to primarily factual matters;
(4) A favorable opinion of Xxxxxxxxx, Xxxxxx & Xxxxxxxx, special FAA counsel, addressed to LESSOR, opining on such matters as LESSOR shall reasonably require, including, but not limited to, that under the Act: (i) the Aircraft is eligible for registration in the name of LESSOR; (ii) that this Lease and the Lease Assignment are eligible for recording; and (iii) that this Lease and the Lease Assignment have been filed for recording;
(5) An Officer's Certificate of LESSEE, dated as of the Effective Date, stating that to the best of such officer's knowledge after due inquiry and investigation:
(a) The representations and warranties contained in Subsection 6(D) hereof are true and accurate on and as of such date as though made on and at such time (except to the extent that such representations and warranties relate solely to an earlier date); and
(b) No event has occurred and is continuing, or would result from the leasing of the Aircraft, which constitutes an Event of Default or would constitute an Event of Default with the giving of notice or the passage of time or both;
(6) Not less than three (3) Business Days prior to the Effective Date, certificates signed by an Approved Insurer(s) as to due compliance with the insurance provisions of Section 13 hereof with respect to the Aircraft;
(7) The Power of Attorney, fully signed, notarized and dated on the Effective Date, together with an original certified copy of the resolutions of LESSEE's Board of Directors (which resolutions shall be delivered on or before Dec...
Lessee’s Conditions Precedent. Xxxxxx’s obligation to accept the Leased Property on lease from Lessor under this Agreement is subject to the satisfaction by Lessor of the following conditions precedent:
Lessee’s Conditions Precedent. The Lessee's obligation to accept the Aircraft on lease from the Lessor under this Agreement is subject to the satisfaction by the Lessor of the following conditions precedent:
Lessee’s Conditions Precedent. (a) Lessee’s obligation to lease the Aircraft from Lessor hereunder shall be subject to satisfaction of each of the following conditions precedent:
(1) Lessee shall have (A) completed its inspection of the Aircraft (including the Aircraft Documents) pursuant to Section 3.7 hereof and (B) reasonably determined that the Aircraft complies with the Delivery Condition Requirements.
(2) The Aircraft shall not have suffered a Total Loss prior to the Delivery.
(3) The Aircraft shall be validly registered with the FAA in the name of Lessor (or shall be otherwise registered as approved by Lessor).
(4) Lessor shall have executed and delivered the Lease Supplement.
(5) Assuming that the Aircraft is registered in the United States, Lessor shall have (a) delivered to Special FAA Counsel its original signature for this Agreement and the Lease Supplement and (b) irrevocably authorized and instructed Special FAA Counsel to file original counterparts of this Agreement and the Lease Supplement with the FAA for recordation upon satisfaction of the conditions precedent set forth in Section 2.1 hereof. If the Aircraft is not registered in the United States, Lessor shall have taken all required steps to file or register this Agreement with the applicable Aviation Authority.
(6) Assuming that the Aircraft is registered in the United States, Lessor shall have (a) obtained an authorization code from the FAA for the international interest created by this Agreement with respect to the Airframe and Engines by filing with the FAA an AC Form 8050-135, (b) taken all required steps to appoint Special FAA Counsel as its Professional User Entity for purposes of registering such international interest with the International Registry and (c) irrevocably authorized and instructed Special FAA Counsel to register such interest with the International Registry upon satisfaction of the conditions precedent set forth in Section 2.1 hereof. If the Aircraft is not registered in the United States, Lessor nevertheless shall have taken all required steps to register the international interest under this Agreement with the International Registry. Notwithstanding the foregoing, Lessor shall be required to satisfy the provisions of this Section 2.2(a)(6) only to the extent required by Lessor’s Lender or as required by applicable Law.
(7) Lessee and ABX shall have executed the Amended and Restated ATSA.
(8) Lessee shall have received the Lessor Guaranty, in the form attached as Appendix J, as executed by Les...
Lessee’s Conditions Precedent. Lessee's obligation to lease the Aircraft from Lessor hereunder shall be subject to satisfaction of each of the following conditions precedent:
(a) The Aircraft shall not have suffered a Total Loss prior to the Delivery.
(b) Lessor shall have acquired title to the Aircraft.
(c) Lessor shall have executed and delivered the Lease Supplement.
(d) Lessor shall have executed and delivered the Other Lease Agreement. In the event that Lessor shall have failed to fulfill the above conditions precedent by the date that is thirty (30) days after the Anticipated Delivery Date, Lessee shall have the right (but not the obligation) to terminate this Agreement by giving notice to Lessor to that effect, with such notice of termination taking effect immediately, whereupon neither Lessor nor Lessee shall have any further obligations under this Agreement.
Lessee’s Conditions Precedent. The obligation of Lessee to take the Aircraft on lease from Lessor shall be subject to fulfillment of each of the following conditions on or before the Delivery Date:
Lessee’s Conditions Precedent. (a) The obligation of the Lessee to take the Rig on lease on the Delivery Date is subject to receipt by the Lessee of the documents and evidence set out in Schedule 3 (Conditions precedent to be provided to the Lessee) on or prior to the Delivery Date in form and substance satisfactory to the Lessee.
(b) The conditions specified in paragraph (a) above are inserted for the sole benefit of the Lessee and may be waived or deferred in whole or in part and with or without conditions only by the Lessee.
