Common use of LIQUIDATED DAMAGES UPON SALE Clause in Contracts

LIQUIDATED DAMAGES UPON SALE. If, pursuant to § 14.1.2 or applicable Law, Lessor has sold the Aircraft, the Airframe or any Engine, then, in lieu of exercising its rights under § 14.1.3 with respect to the Aircraft, the Airframe or any Engine, Lessor may, if Lessor so elects, upon giving written notice to Lessee, demand that Lessee to pay to Lessor, and Lessee shall pay to Lessor, on the date of such sale and in the manner and in funds of the type specified in § 3.3, as liquidated damages for loss of a bargain and not as a penalty (in lieu of the Basic Rent payable for the Aircraft in respect of all periods commencing on or after the date of such sale), the following amounts:

Appears in 3 contracts

Samples: Lease Agreement N491ha (Hawaiian Holdings Inc), Lease Agreement N491ha (Hawaiian Holdings Inc), Lease Agreement N483ha* (Hawaiian Holdings Inc)

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LIQUIDATED DAMAGES UPON SALE. IfIf Lessor, pursuant to § 14.1.2 Section 15.1.2 or applicable Law, Lessor has shall have sold the Aircraft, the Airframe or and/or any Engine, thenLessor, in lieu of exercising its rights under § 14.1.3 Section 15.1.3 with respect to the Aircraft, the Airframe or any Engine, Lessor as the case may be, may, if Lessor shall so electselect, upon giving written notice to Lessee, demand that Lessee to pay to Lessor, and Lessee shall pay to Lessor, on the date of such sale and in the manner and in funds of the type specified in § Section 3.3, as liquidated damages for loss of a bargain and not as a penalty (in lieu of the Basic Rent payable or Renewal Rent, as the case may be, for the Aircraft in respect of all periods commencing on or after the date of such sale), the following amounts:

Appears in 3 contracts

Samples: Lease Agreement (Atlas Air Inc), Lease Agreement (Atlas Air Worldwide Holdings Inc), Lease Agreement (Continental Airlines Inc /De/)

LIQUIDATED DAMAGES UPON SALE. IfIf Lessor, pursuant to § 14.1.2 Section 15.1.2 or applicable Law, Lessor has shall have sold the Aircraft, the Airframe or and/or any Engine, thenLessor, in lieu of exercising its rights under § 14.1.3 Section 15.1.3 with respect to the Aircraft, the Airframe or any Engine, Lessor as the case may be, may, if Lessor shall so electselect, upon giving written notice to Lessee, demand that Lessee to pay to Lessor, and Lessee shall pay to Lessor, on the date of such sale and in the manner and in funds of the type specified in § Section 3.3, as liquidated damages for 50 -45- loss of a bargain and not as a penalty (in lieu of the Basic Rent payable or Renewal Rent, as the case may be, for the Aircraft in respect of all periods commencing on or after the date of such sale), the following amounts:

Appears in 1 contract

Samples: Lease Agreement (Atlas Air Inc)

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LIQUIDATED DAMAGES UPON SALE. IfIf Lessor, pursuant to § 14.1.2 Section 14.2 or applicable Law, Lessor has shall have sold the Aircraft, the Airframe or and/or any Engine, thenLessor, in lieu of exercising its rights under § 14.1.3 Section 14.3 with respect to the Aircraft, the Airframe or any Engine, Lessor as the case may be, may, if Lessor shall so electselect, upon giving written notice to Lessee, demand that Lessee to pay to Lessor, and Lessee shall pay to Lessor, on the date of such sale and in the manner and in funds of the type specified in § 3.3Section 3.5, as liquidated damages for loss of a bargain and not as a penalty (in lieu of the Basic Rent payable for the Aircraft in respect of all periods commencing on or after the date of such sale), the following amounts:

Appears in 1 contract

Samples: Participation Agreement (Republic Airways Holdings Inc)

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