Common use of Minimum Payments Clause in Contracts

Minimum Payments. Notwithstanding any provision in this Lease or in any other Operative Document to the contrary, under all circumstances and in any event, (i) the Stipulated Loss Value, together with the payment of Supplemental Rent and all other Rent then due hereunder, as of any time and as of the date of any payment thereof shall (both before and after giving effect to any reductions therefrom) be in an amount at least sufficient to pay in full as of such time or date the aggregate unpaid principal amount of the Equipment Notes then outstanding and all accrued and unpaid interest (assuming interest has been timely paid) thereon, and (ii) Basic Rent payable on any Basic Rent Payment Date shall at least equal the aggregate amount of principal and interest due and payable on the Equipment Notes on such Basic Rent Payment Date. It is agreed, however, that no installment of Basic Rent or Stipulated Loss Value shall be increased or adjusted by reason of (A) any attachment or diversion of Rent on account of any Lessor's Lien or Lenders' Lien, (B) any modification of the terms of the Equipment Notes or the other Financing Documents made without the prior written consent of Lessee or (C) the acceleration of any Equipment Note due to the occurrence of any "Indenture Event of Default" (as defined in the Indenture) which does not constitute an Event of Default hereunder. It is further agreed that nothing in this Lease or any other Operative Document shall be deemed

Appears in 3 contracts

Samples: Aircraft Lease Agreement (America West Airlines Inc), Aircraft Lease Agreement (America West Airlines Inc), Aircraft Lease Agreement (America West Airlines Inc)

AutoNDA by SimpleDocs

Minimum Payments. Notwithstanding any provision in this Lease or in any other Operative Document to the contrary, under all circumstances and in any event, (i) the Stipulated Loss Value, together with the payment of Supplemental Rent and all other Rent then due hereunder, as of any time and as of the date of any payment thereof shall (both before and after giving effect to any reductions therefrom) be in an amount at least sufficient to pay in full as of such time or date the aggregate unpaid principal amount of the Equipment Notes then outstanding and all accrued and unpaid interest (assuming interest has been timely paid) thereon, thereon and (ii) Basic Rent payable on any Basic Rent Payment Date shall at least equal the aggregate amount of principal and interest due and payable on the Equipment Notes on such Basic Rent Payment Date. It is agreed, however, that no installment of Basic Rent or Stipulated Loss Value shall be increased or adjusted by reason of (A) any attachment or diversion of Rent on account of any Lessor's Lien or Head Lessor's Lien or any Lenders' Lien, (B) any modification of the terms of the Equipment Notes or the other Financing Documents made without the prior written consent of Lessee or (C) the acceleration of any Equipment Note due to the occurrence of any "Indenture Event of Default" (as defined in the Indenture) which does not constitute an Event of Default hereunder. It is further agreed that nothing in this Lease or any other Operative Document shall be deemeddeemed to constitute a guaranty of the value, utility or useful life of the Aircraft or a guaranty in respect of interest, principal or any other amounts payable in respect of or under the Equipment Notes.

Appears in 3 contracts

Samples: Aircraft Lease Agreement (America West Airlines Inc), Aircraft Lease Agreement (America West Airlines Inc), Aircraft Lease Agreement (America West Airlines Inc)

Minimum Payments. Notwithstanding any provision in this Lease or in any other Operative Document to the contrary, under all circumstances and in any event, (i) the Stipulated Loss Value, together with the payment of Supplemental Rent and all other Rent then due hereunder, as of any time and as of the date of any payment thereof shall (both before and after giving effect to any reductions therefrom) be in an amount at least sufficient to pay in full as of such time or date the aggregate unpaid principal amount of the Equipment Notes then outstanding and all accrued and unpaid interest (assuming interest has been timely paid) thereon, and (ii) Basic Rent payable on any Basic Rent Payment Date shall at least equal the aggregate amount of principal and interest due and payable on the Equipment Notes on such Basic Rent Payment Date. It is agreed, however, that no installment of Basic Rent or Stipulated Loss Value shall be increased or adjusted by reason of (A) any attachment or diversion of Rent on account of any Lessor's Lien or Lenders' Lien, (B) any modification of the terms of the Equipment Notes or the other Financing Documents made without the prior written consent of Lessee or (C) the acceleration of any Equipment Note due to the occurrence of any "Indenture Event of Default" (as defined in the Indenture) which does not constitute an Event of Default hereunder. It is further agreed that nothing in this Lease or any other Operative Document shall be deemeddeemed to constitute a guaranty of the value, utility or useful life of the Aircraft or a guaranty in respect of interest, principal or any other amounts payable in respect of or under the Equipment Notes.

Appears in 2 contracts

Samples: Aircraft Lease Agreement (America West Airlines Inc), Aircraft Lease Agreement (America West Airlines Inc)

Minimum Payments. Notwithstanding any provision in this Lease or in any other Operative Document to the contrary, under all circumstances and in any event, (i) the Stipulated Loss Value, together with the payment of Supplemental Rent and all other Rent then due hereunder, as of any time and as of the date of any payment thereof shall (both before and after giving effect to any reductions therefrom) be in an amount at least sufficient to pay in full as of such time or date the aggregate unpaid principal amount of the Equipment Notes then outstanding and all accrued and unpaid interest (assuming interest has been timely paid) thereon, and (ii) Basic Rent payable on any Basic Rent Payment Date shall at least equal the aggregate amount of principal and interest due and payable on the Equipment Notes on such Basic Rent Payment Date. It is agreed, however, that no installment of Basic Rent or Stipulated Loss Value shall be increased or adjusted by reason of (A) any attachment or diversion of Rent on account of any Lessor's Lien or Lenders' Lien, (B) any modification of the terms of the Equipment Notes or the other Financing Documents made without the prior written consent of Lessee or (C) the acceleration of any Equipment Note due to the occurrence of any "Indenture Event of Default" (as defined in the Indenture) which does not constitute an Event of Default hereunder. It is further agreed that nothing in this Lease or any other Operative Document shall be deemeddeemed to constitute a guaranty of the value, utility or useful life of the Aircraft or a guaranty in respect of interest,

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

AutoNDA by SimpleDocs

Minimum Payments. Notwithstanding any provision in this Lease or in any other Operative Document to the contrary, under all circumstances and in any event, (i) the Stipulated Loss Value, together with the payment of Supplemental Rent and all other Rent then due hereunder, as of any time and as of the date of any payment thereof shall (both before and after giving effect to any reductions therefrom) be in an amount at least sufficient to pay in full as of such time or date the aggregate unpaid principal amount of the Equipment Notes then outstanding and all accrued and unpaid interest (assuming interest has been timely paid) thereon, and (ii) Basic Rent payable on any Basic Rent Payment Date shall at least equal the aggregate amount of principal and interest due and payable on the Equipment Notes on such Basic Rent Payment Date. It is agreed, however, that no installment of Basic Rent or Stipulated Loss Value shall be increased or adjusted by reason of (A) any attachment or diversion of Rent on account of any Lessor's Lien or Lenders' Lien, (B) any modification of the [payment] terms of the Equipment Notes or the other Financing Documents made without the prior written consent of Lessee or (C) the acceleration of any Equipment Note due to the occurrence of any "Indenture Event of Default" (as defined in the Indenture) which does not constitute an Event of Default hereunder. It is further agreed that nothing in this Lease or any other Operative Document shall be deemeddeemed to constitute a guaranty of the value, utility or useful life of the Aircraft or a guaranty in respect of interest, principal or any other amounts payable in respect of or under the Equipment Notes.

Appears in 1 contract

Samples: Aircraft Lease Agreement (America West Airlines Inc)

Minimum Payments. Notwithstanding any provision in this Lease or in any other Operative Document to the contrary, under all circumstances and in any event, (i) the Stipulated Loss Value, together with the payment of Supplemental Rent and all other Rent then due hereunder, as of any time and as of the date of any payment thereof shall (both before and after giving effect to any reductions therefrom) be in an amount at least sufficient to pay in full as of such time or date the aggregate unpaid principal amount of the Equipment Notes then outstanding and all accrued and unpaid interest (assuming interest has been timely paid) thereonthereon plus any Make-Whole Amount due and payable to the Note Holders pursuant to the Indenture, and (ii) Basic Rent payable on any Basic Rent Payment Date shall at least equal the aggregate amount of principal and interest due and payable on the Equipment Notes on such Basic Rent Payment Date. It is agreed, however, that no installment of Basic Rent or Stipulated Loss Value shall be increased or adjusted and no amounts in respect of any Make-Whole Amount shall be payable by reason of (A) any attachment or diversion of Rent on account of any Lessor's Lien or Head Lessor's Lien or Lenders' Lien, (B) any modification of the [payment] terms of the Equipment Notes or the other Financing Documents made without the prior written consent of Lessee or (C) the acceleration of any Equipment Note due to the occurrence of any "Indenture Event of Default" (as defined in the Indenture) which does not constitute an Event of Default hereunder. It is further agreed that nothing in this Lease or any other Operative Document shall be deemedfurther

Appears in 1 contract

Samples: Engine Lease Agreement (America West Airlines Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!