Lessor's Right to Perform for Lessee. If Lessee fails to make any payment of Rent required to be made by it hereunder or fails to perform or comply with any covenant, agreement, or obligation contained herein, Lessor shall have the right but not the obligation to make such payment or conform or comply with such agreement, covenant, or obligation, and the amount of such payment and the amount of the reasonable expenses of Lessor incurred in connection with such payment or the performance thereof or compliance therewith, together with interest thereon at the Interest Rate, shall be payable by Lessee to Lessor (as Supplemental Rent) upon demand. The taking of any such action by Lessor pursuant to this Section 21(d) shall not constitute a waiver or release of any obligation of Lessee under this Lease, nor a waiver of any Event of Default which may arise out of Lessee's nonperformance of such obligation, nor an election or waiver by Lessor or any remedy or right available to Lessor under or in relation to this Lease.
Appears in 14 contracts
Samples: Engine Lease Agreement (America West Airlines Inc), Aircraft Lease Agreement (America West Airlines Inc), Aircraft Lease Agreement (America West Airlines Inc)
Lessor's Right to Perform for Lessee. If Lessee LESSEE fails to make any payment of Supplemental Rent required to be made by it hereunder or fails to perform or comply with any covenant, agreement, agreement or obligation contained herein, Lessor LESSOR shall have the right right, but not the obligation obligation, to make such payment or conform perform or comply with such agreement, covenant, covenant or obligation, and the amount of such payment and the amount of the reasonable expenses of Lessor LESSOR incurred in connection with such payment or the performance thereof or compliance therewith, together with interest thereon at the Interest Overdue Rate, shall be deemed Supplemental Rent, payable by Lessee to Lessor (as Supplemental Rent) LESSEE upon demand. The taking of any such action by Lessor LESSOR pursuant to this Section 21(dSubsection 21(E) shall not constitute a waiver or release of any obligation of Lessee LESSEE under this the Lease, nor a waiver of any Default or Event of Default which may arise out of LesseeLESSEE's nonperformance of such obligation, nor an election or waiver by Lessor or LESSOR of any remedy or right available to Lessor LESSOR under or in relation to this Lease.
Appears in 4 contracts
Samples: Aircraft Lease Agreement (Turn Works Acquisition Iii Sub a Inc), Aircraft Lease Agreement (Turn Works Acquisition Iii Sub a Inc), Aircraft Lease Agreement (Turn Works Acquisition Iii Sub a Inc)
Lessor's Right to Perform for Lessee. If Lessee LESSEE fails to make any payment of Supplemental Rent required to be made by it hereunder or fails to perform or comply with any covenant, agreement, agreement or obligation contained herein, Lessor LESSOR shall have the right right, but not the obligation obligation, to make such payment or conform perform or comply with such agreement, covenant, covenant or obligation, and the amount of such payment and the amount of the reasonable expenses of Lessor LESSOR incurred in connection with such payment or the performance thereof or compliance therewith, together with interest thereon at the Interest Overdue Rate, shall be deemed Supplemental Rent, payable by Lessee to Lessor (as Supplemental Rent) LESSEE upon demand. The taking of any such action by Lessor LESSOR pursuant to this Section 21(dSubsection 21(E) shall not constitute a waiver or release of any obligation of Lessee LESSEE under this the Lease, nor a waiver of any Event of Default which may arise out of LesseeLESSEE's nonperformance of such obligation, nor an election or waiver by Lessor or LESSOR of any remedy or right available to Lessor LESSOR under or in relation to this Lease.
Appears in 4 contracts
Samples: Aircraft Lease Agreement (Afg Investment Trust B), Aircraft Lease Agreement (American Income Fund I-C), Aircraft Lease Agreement (American Income Fund I-D)
Lessor's Right to Perform for Lessee. If Lessee fails to make any payment of Supplemental Rent required to be made by it hereunder or fails to perform or comply with any covenant, agreement, agreement or obligation contained herein, Lessor shall have the right but not the obligation to make such payment or conform or comply with such agreement, covenant, covenant or obligation, and the amount of such payment and the amount of the reasonable expenses of Lessor incurred in connection with such payment or the performance thereof or compliance therewith, together with interest thereon at the Interest Rate, shall be payable by Lessee to Lessor (as Supplemental Rent) upon demand. Lessor agrees to notify Lessee in writing prior to making any payment under this Section 20(d), unless the Aircraft will be in danger of loss, sale, confiscation, forfeiture or seizure should such payment not be made. The taking of any such action by Lessor pursuant to this Section 21(dSubsection 20(d) shall not constitute a waiver or release of any obligation of Lessee under this the Lease, nor a waiver of any Event of Default which may arise out of Lessee's nonperformance of such obligation, nor an election or waiver by Lessor or of any remedy or right available to Lessor under or in relation to this Lease.
Appears in 3 contracts
Samples: Aircraft Lease Agreement (Vanguard Airlines Inc \De\), Aircraft Lease Agreement (Copa Holdings, S.A.), Aircraft Lease Agreement (Copa Holdings, S.A.)
Lessor's Right to Perform for Lessee. If Lessee fails to make any payment of Rent required to be made by it hereunder or fails to perform or comply with any covenant, agreement, or obligation contained herein, Lessor shall have the right but not the obligation to make such payment or conform or comply with such agreement, covenant, or obligation, and the amount of such payment and the amount of the reasonable expenses of Lessor incurred in connection with such payment or the performance thereof or compliance therewith, together with interest thereon at the Interest Rate, shall be payable by Lessee to Lessor (as Supplemental Rent) upon demand. The taking of any such action by Lessor pursuant to this Section 21(d) shall not constitute a waiver or release of any obligation of Lessee under this Lease, nor a waiver of any Event of Default which may arise out of Lessee's nonperformance of such obligation, nor an election or waiver by Lessor or any remedy or right available to Lessor under or in relation to this Lease.of
Appears in 1 contract
Samples: Aircraft Lease Agreement (America West Airlines Inc)
Lessor's Right to Perform for Lessee. If Lessee fails to make any payment of Rent required to be made by it hereunder or fails to perform or comply with any covenant, agreement, or obligation contained herein, Lessor shall have the right but not the obligation to make such payment or conform or comply with such agreement, covenant, or obligation, and the amount of such payment and the amount of the reasonable expenses of Lessor incurred in connection with such payment or the performance thereof or compliance therewith, together with interest thereon at the Interest Rate, shall be payable by Lessee to Lessor (as Supplemental Rent) upon demand. The taking of any such action by Lessor pursuant to this Section 21(d) shall not constitute a waiver or release of any obligation of Lessee under this Lease, nor a waiver of any Event of Default which may arise out of -97- 103 Lessee's nonperformance of such obligation, nor an election or waiver by Lessor or any remedy or right available to Lessor under or in relation to this Lease.
Appears in 1 contract