Common use of Operation and Use Clause in Contracts

Operation and Use. So long as any Aircraft, any Airframe, any Engine or any Spare Engine is subject to the Lien of this C Mortgage, the Company shall not (or permit any Permitted Lessee to) operate, use or locate any Aircraft, any Airframe, any Engine or any Spare Engine, or allow any Aircraft, any Airframe, any Engine or any Spare Engine to be operated, used or located, (i) in any area excluded from coverage by any insurance required by the terms of Section 3.06, except in the case of a requisition by the U.S. Government where the Company obtains indemnity in lieu of such insurance from the U.S. Government or insurance from the U.S. Government against substantially the same risks and for at least the amounts of the insurance required by Section 3.06 covering such area, or (ii) in any recognized area of hostilities unless covered in accordance with Section 3.06 by war risk insurance, or in either case unless such Aircraft, Airframe, Engine or Spare Engine is only temporarily operated, used or located in such area as a result of an emergency, equipment malfunction, navigational error, hijacking, weather condition or other similar unforeseen circumstance, so long as the Company diligently and in good faith proceeds to remove such Aircraft, Airframe, Engine or Spare Engine from such area. The Company shall also have the right to operate any Aircraft without having on board the original registration certificate or airworthiness certificate in the event that either or both such certificates disappear from such Aircraft, but only to the extent permitted by Exemption No. 5318 of the FAA Regulations or other similar exemption. So long as any Aircraft, any Airframe, any Engine or any Spare Engine is subject to the Lien of this C Mortgage, the Company shall not permit such Aircraft, Airframe, Engine or Spare Engine, as the case may be, to be used, operated, maintained, serviced, repaired or overhauled (x) in violation of any Law of any Government Entity having jurisdiction that is binding on or applicable to such Aircraft, Airframe, Engine or Spare Engine or (y) in violation of any airworthiness certificate, license or registration of any such Government Entity relating to such Aircraft, Airframe, Engine or Spare Engine, except (i) immaterial or non-recurring violations with respect to which corrective measures are taken promptly by the Company or Permitted Lessee, as the case may be, upon discovery thereof, (ii) to the extent the validity or application of any such Law or requirement relating to any such certificate, license or registration is being contested in good faith by the Company or Permitted Lessee in any reasonable manner which does not materially adversely affect the Lien of this C Mortgage and does not involve any material risk of sale, forfeiture or loss of such Aircraft, Airframe, Engine or Spare Engine, or (iii) that the Company shall not be in default under, or required to take any action set forth in this sentence if it is not possible for the Company to comply with the laws of a jurisdiction other than the United States (or other jurisdiction in which such Aircraft is registered) because of a conflict with the applicable laws of the United States (or such other jurisdiction where such Aircraft is registered).

Appears in 2 contracts

Samples: Mortgage and Security Agreement (Ual Corp /De/), Mortgage and Security Agreement (United Air Lines Inc)

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Operation and Use. So long as any the Aircraft, any Airframe, any Engine Airframe or any Spare Engine is subject to the Lien of this C MortgageTrust Indenture, the Company Owner shall not (or permit any Permitted Lessee to) operate, use or locate any the Aircraft, any Airframe, any Engine Airframe or any Spare Engine, or allow any the Aircraft, any Airframe, any Engine Airframe or any Spare Engine to be operated, used or located, (i) in any area excluded from coverage by any insurance required by the terms of Section 3.064.06, except in the case of a requisition by the U.S. Government where the Company Owner obtains indemnity in lieu of such insurance from the U.S. Government Government, or insurance from the U.S. Government against substantially the same risks and for at least the amounts of the insurance required by Section 3.06 covering such areaarea in accordance with Section 4.06(c), or (ii) in any recognized area of hostilities unless covered in accordance with Annex B by War Risk Insurance as required by the terms of Section 3.06 by war risk insurance4.06 (including, or without limitation, Section 4.06(c)), unless in either any case unless such referred to in this Section 4.02(c) the Aircraft, Airframe, Engine the Airframe or Spare any Engine is only temporarily operated, used or located in such area as a result of an emergency, equipment malfunction, navigational error, hijacking, weather condition or other similar unforeseen circumstance, so long as the Company Owner diligently and in good faith proceeds to remove such Aircraft, Airframe, Engine or Spare Engine the Aircraft from such area. The Company shall also have the right to operate any Aircraft without having on board the original registration certificate or airworthiness certificate in the event that either or both such certificates disappear from such Aircraft, but only to the extent permitted by Exemption No. 5318 of the FAA Regulations or other similar exemption. So long as any the Aircraft, any Airframe, any Engine the Airframe or any Spare Engine is subject to the Lien of this C MortgageTrust Indenture, the Company Owner shall not permit such Aircraft, Airframe, Engine Airframe or Spare any Engine, as the case may be, to be used, operated, maintained, serviced, repaired or overhauled (x) in violation of any Law of any Government Entity having jurisdiction that is binding on or applicable to such Aircraft, Airframe, Engine Airframe or Spare Engine or (y) in violation of any airworthiness certificate, license or registration of any such Government Entity relating to such the Aircraft, Airframe, Engine the Airframe or Spare any Engine, except (i) immaterial or non-recurring violations with respect to which corrective measures are taken promptly by the Company Owner or Permitted Lessee, as the case may be, upon discovery thereof, or (ii) to the extent the validity or application of any such Law or requirement relating to any such certificate, license or registration is being contested in good faith by the Company Owner or Permitted Lessee in any reasonable manner which does not materially adversely affect the Lien of this C Mortgage and does not involve any material risk of the sale, forfeiture or loss of such the Aircraft, Airframe, Airframe or any Engine or Spare materially and adversely affect the interest of any Note Holder therein, any material risk of criminal liability against Mortgagee or impair the Mortgagee's security interest in the Aircraft, Airframe or any Engine, or (iii) that the Company shall not be in default under, or required to take any action set forth in this sentence if it is not possible for the Company to comply with the laws of a jurisdiction other than the United States (or other jurisdiction in which such Aircraft is registered) because of a conflict with the applicable laws of the United States (or such other jurisdiction where such Aircraft is registered).

Appears in 2 contracts

Samples: Trust Indenture and Mortgage (Ata Holdings Corp), Trust Indenture and Mortgage (Amtran Inc)

Operation and Use. So long as any the Aircraft, any Airframe, any Engine Airframe or any Spare Engine is subject to the Lien of this C MortgageTrust Indenture, the Company Owner shall not (or permit any Permitted Lessee to) operate, use or locate any the Aircraft, any Airframe, any Engine Airframe or any Spare Engine, or allow any the Aircraft, any Airframe, any Engine Airframe or any Spare Engine to be operated, used or located, (i) in any area excluded from coverage by any insurance required by the terms of Section 3.064.06, except in the case of a requisition by the U.S. Government where the Company Owner obtains indemnity in lieu of such insurance from the U.S. Government Government, or insurance from the U.S. Government Government, against substantially the same risks and for at least the amounts of the insurance required by Section 3.06 4.06 covering such area, or (ii) in any recognized area of hostilities unless covered in accordance with Section 3.06 4.06 by war risk insurance, or in either case unless such the Aircraft, Airframe, Engine the Airframe or Spare any Engine is only temporarily operated, used or located in such area as a result of an emergency, equipment malfunction, navigational error, hijacking, weather condition or other similar unforeseen circumstance, so long as Owner (or a Permitted Lessee, as the Company case may be) diligently and in good faith proceeds to remove such Aircraft, Airframe, Engine or Spare Engine the Aircraft from such area. The Company shall also have the right to operate any Aircraft without having on board the original registration certificate or airworthiness certificate in the event that either or both such certificates disappear from such Aircraft, but only to the extent permitted by Exemption No. 5318 of the FAA Regulations or other similar exemption. So long as any the Aircraft, any Airframe, any Engine the Airframe or any Spare Engine is subject to the Lien of this C MortgageTrust Indenture, the Company Owner shall not permit such Aircraft, Airframe, Engine Airframe or Spare any Engine, as the case may be, to be used, operated, maintained, serviced, repaired or overhauled (x) in violation of any Law of any Government Entity having jurisdiction that is binding on or applicable to such Aircraft, Airframe, Engine Airframe or Spare Engine or (y) in violation of any airworthiness certificate, license or registration of any such Government Entity relating to such the Aircraft, Airframe, Engine the Airframe or Spare any Engine, except (i) immaterial or non-recurring violations with respect to which corrective measures are taken promptly by the Company Owner or Permitted Lessee, as the case may be, upon discovery thereof, or (ii) to the extent the validity or application of any such Law or requirement relating to any such certificate, license or registration is being contested in good faith by the Company Owner or Permitted Lessee in any reasonable manner which does not materially adversely affect the Lien of this C Mortgage and does not involve any material risk of the sale, forfeiture or loss of such the Aircraft, Airframe, Engine Airframe or Spare any Engine, any material risk of criminal liability or (iii) that material civil penalty against Mortgagee or impair the Company shall not be Mortgagee’s security interest or International Interest in default underthe Aircraft, Airframe or required to take any action set forth in this sentence if it is not possible for the Company to comply with the laws of a jurisdiction other than the United States (or other jurisdiction in which such Aircraft is registered) because of a conflict with the applicable laws of the United States (or such other jurisdiction where such Aircraft is registered)Engine.

Appears in 1 contract

Samples: Note Purchase Agreement (United Airlines, Inc.)

Operation and Use. So long as The Company agrees that the Aircraft will not be used or operated in violation of any Aircraftlaw, rule or regulation of any Airframegovernment having jurisdiction in any country in which the Aircraft is flown or in violation of any airworthiness certificate, any Engine license or any Spare Engine is subject registration relating to the Lien of this C MortgageAircraft issued by any such government, the Company shall not (or permit any Permitted Lessee to) operate, use or locate any Aircraft, any Airframe, any Engine or any Spare Engine, or allow any Aircraft, any Airframe, any Engine or any Spare Engine to be operated, used or located, except (i) in any area excluded from coverage by any insurance required minor, unanticipated or non-recurring violations with respect to which corrective measures are taken promptly by the terms of Section 3.06Company or, except if any lease to a Permitted Lessee is then in effect with respect to the Aircraft, such Permitted Lessee, as the case of a requisition by the U.S. Government where the Company obtains indemnity in lieu of such insurance from the U.S. Government or insurance from the U.S. Government against substantially the same risks and for at least the amounts of the insurance required by Section 3.06 covering such areamay be, or (ii) in any recognized area of hostilities unless covered in accordance with Section 3.06 by war risk insurance, or in either case unless such Aircraft, Airframe, Engine or Spare Engine is only temporarily operated, used or located in such area as a result of an emergency, equipment malfunction, navigational error, hijacking, weather condition or other similar unforeseen circumstance, so long as to the extent the Company diligently and or such Permitted Lessee is contesting in good faith proceeds the validity or application of any such law, rule or regulation or airworthiness certificate, license or registration in any manner that does not involve any material risk of sale, forfeiture or loss of the Aircraft or impair the Lien of this Indenture; provided that the Company shall not be in default under, or required to remove take any action set forth in, this sentence if it is not possible for it (or such Aircraft, Airframe, Engine Permitted Lessee) to comply with the laws of a jurisdiction other than the United States (or Spare Engine from other than any jurisdiction in which the Aircraft is then registered) because of a conflict with the applicable laws of the United States (or such areajurisdiction in which the Aircraft is then registered). The Company shall also have the right to operate any the Aircraft without having on board the original registration certificate or airworthiness certificate in the event that either or both such certificates disappear from such the Aircraft, but only to the extent permitted by Indenture and Security Agreement (American Airlines 2019-1 Aircraft EETC) [Reg. No.] Exemption No. 5318 of the regulations of the FAA Regulations or other similar exemption. So long as any The Company will not operate the Aircraft, or permit the Aircraft to be operated or located, (i) in any Airframearea excluded from coverage by any insurance required by the terms of Section 7.06 or (ii) in any war zone or recognized or, any Engine or any Spare Engine is subject to in the Lien Company’s judgment, threatened areas of this C Mortgagehostilities unless covered by war risk insurance in accordance with Section 7.06, the Company shall not permit such Aircraft, Airframe, Engine or Spare Engine, as unless in the case may beof either clause (i) or (ii), to be used, operated, maintained, serviced, repaired or overhauled (x) in violation of any Law of any Government Entity having jurisdiction that is binding on or applicable to such Aircraft, Airframe, Engine or Spare Engine governmental indemnification complying with Section 7.06(a) and Section 7.06(b) has been provided or (y) the Aircraft is only temporarily located in violation such area as a result of an isolated occurrence or isolated series of occurrences attributable to a hijacking, medical emergency, equipment malfunction, weather conditions, navigational error or other similar unforeseen circumstances or any airworthiness certificate, license or registration other circumstances beyond the reasonable control of any such Government Entity relating to such Aircraft, Airframe, Engine or Spare Engine, except (i) immaterial or non-recurring violations with respect to which corrective measures are taken promptly by the Company and the Company (or any Permitted Lessee, as the case may be, upon discovery thereof, (ii) to the extent the validity or application of any such Law or requirement relating to any such certificate, license or registration is being contested in using its good faith by efforts to remove the Company or Permitted Lessee in any reasonable manner which does not materially adversely affect the Lien of this C Mortgage and does not involve any material risk of sale, forfeiture or loss of Aircraft from such Aircraft, Airframe, Engine or Spare Engine, or (iii) that the Company shall not be in default under, or required to take any action set forth in this sentence if it is not possible for the Company to comply with the laws of a jurisdiction other than the United States (or other jurisdiction in which such Aircraft is registered) because of a conflict with the applicable laws of the United States (or such other jurisdiction where such Aircraft is registered)area as promptly as practicable.

Appears in 1 contract

Samples: Trust Supplement

Operation and Use. So long as any the Aircraft, any Airframe, any Engine Airframe or any Spare Engine is subject to the Lien of this C MortgageTrust Indenture, the Company Owner shall not (or permit any Permitted Lessee to) operate, use or locate any the Aircraft, any Airframe, any Engine Airframe or any Spare Engine, or allow any the Aircraft, any Airframe, any Engine Airframe or any Spare Engine to be operated, used or located, (i) in any area excluded from coverage by any insurance required by the terms of Section 3.064.06, except in the case of a requisition by the U.S. Government where the Company Owner obtains indemnity in lieu of such insurance from the U.S. Government Government, or insurance from the U.S. Government Government, against substantially the same risks and for at least the amounts of the insurance required by Section 3.06 4.06 covering such area, or (ii) in any recognized area of hostilities unless covered in accordance with Section 3.06 4.06 by war risk insurance, or in either case unless such the Aircraft, Airframe, Engine the Airframe or Spare any Engine is only temporarily operated, used or located in such area as a result of an emergency, equipment malfunction, navigational error, hijacking, weather condition condition, medical emergency or other similar unforeseen circumstancecircumstances beyond the reasonable control of the Owner (or any Permitted Lessee), so long as the Company Owner (or any Permitted Lessee) diligently and in good faith proceeds to remove such Aircraft, Airframe, Engine or Spare Engine the Aircraft from such area. The Company Owner shall also have the right to operate any the Aircraft without having on board the original registration certificate or airworthiness certificate in the event that either or both such certificates disappear from such the Aircraft, but only to the extent permitted by Exemption No. 5318 of the FAA Regulations or other similar exemption. So long as any the Aircraft, any Airframe, any Engine the Airframe or any Spare Engine is subject to the Lien of this C MortgageTrust Indenture, the Company Owner shall not permit such Aircraft, Airframe, Engine Airframe or Spare any Engine, as the case may be, to be used, operated, maintained, serviced, repaired or overhauled (x) in violation of any Law of any Government Entity having jurisdiction over the Aircraft that is binding on or applicable to such Aircraft, Airframe, Engine Airframe or Spare Engine or (y) in violation of any airworthiness certificate, license or registration of any such Government Entity relating to such the Aircraft, Airframe, Engine the Airframe or Spare any Engine, except (i) immaterial or non-recurring violations with respect to which corrective measures are taken promptly by the Company Owner or Permitted Lessee, as the case may be, upon discovery thereof, or (ii) to the extent the validity or application of any such Law or requirement relating to any such certificate, license or registration is being contested in good faith by the Company Owner or Permitted Lessee in any reasonable manner which does not materially adversely affect the Lien of this C Mortgage and does not involve any material risk of the sale, forfeiture or loss of such the Aircraft, Airframe, Engine Airframe or Spare any Engine, any material risk of criminal liability or (iii) that material civil penalty against Mortgagee or impair the Company Mortgagee’s security interest or International Interest in the Aircraft, Airframe or any Engine. Owner shall not be in default under, under or required to take any action set forth in this the preceding sentence if it is not possible for the Company Owner to comply with the laws of a jurisdiction other than the United States (or other jurisdiction in which such the Aircraft is registered) because of a conflict with the applicable laws Laws of the United States (or such other jurisdiction where such in which the Aircraft is registered).

Appears in 1 contract

Samples: Trust Indenture and Mortgage (Hawaiian Holdings Inc)

Operation and Use. So long as The Company agrees that the Aircraft will not be maintained, used, serviced, repaired or operated in violation of any Aircraftlaw, rule, regulation or order of any Airframegovernment of any country having jurisdiction over the Aircraft or in violation of any airworthiness certificate, any Engine license or any Spare Engine is subject registration relating to the Lien of this C Mortgage, Aircraft issued by any such government; provided that the Company shall not be in default under this sentence if it is not possible for it (or permit any Permitted Lessee) to comply with the laws of a jurisdiction other than the United States (or other than any jurisdiction in which the Aircraft is then registered) because of a conflict with the applicable laws of the United States (or such jurisdiction in which the Aircraft is then registered); provided, further, that the Company shall promptly and diligently provide written notice to the Security Trustee of the occurrence of such conflict and the steps it deems reasonable to resolve or avoid such conflict, and the Company shall take such steps to resolve or avoid such conflict (or cause such steps to be taken) including, if necessary and so deemed reasonable, the removal of the Aircraft from such other jurisdiction other than the United States (or other than the jurisdiction in which Aircraft Security Agreement (N●) 24093720v16 Exhibit 10.1 the Aircraft is then registered) creating the conflict; and provided, further, that, to the extent the Company or any Permitted Lessee to) operateis contesting in good faith the validity or application of any such law, use rule, regulation or locate order in any manner that does not involve any material risk of sale, forfeiture or loss of the Aircraft or the Security Trustee’s interest therein, the Company will not be in default under, or be required to take any action set forth in, this sentence. The Company will not operate the Aircraft, any Airframe, any Engine or any Spare Engine, or allow any Aircraft, any Airframe, any Engine or any Spare Engine permit the Aircraft to be operated, used operated or located, (i) in any area excluded from coverage by any insurance required by the terms of Section 3.06, except in the case of a requisition by the U.S. Government where the Company obtains indemnity in lieu of such insurance from the U.S. Government or insurance from the U.S. Government against substantially the same risks and for at least the amounts of the insurance required by Section 3.06 covering such area, 3.6 or (ii) in any war zone or recognized or, in the reasonable judgment of the Company, threatened area of hostilities unless covered by war risk insurance in accordance with Section 3.06 by war risk insurance3.6, or unless in either case unless such Aircraftclause (i) or (ii), Airframe, Engine (x) indemnification complying with Section 3.6(a) and (b) has been provided by a Government or Spare Engine (y) the Aircraft is only temporarily operated, used or located in such area as a result of an isolated occurrence or isolated series of occurrences attributable to hijacking, medical emergency, equipment malfunction, weather conditions, navigational error, hijacking, weather condition error or other similar unforeseen circumstance, so long as circumstances and the Company diligently and in or such Permitted Lessee is using its good faith proceeds efforts promptly to remove such Aircraft, Airframe, Engine or Spare Engine the Aircraft from such area. The Company shall also have the right to operate any Aircraft without having on board the original registration certificate or airworthiness certificate in the event that either or both such certificates disappear from such Aircraft, but only to the extent permitted by Exemption No. 5318 of the FAA Regulations or other similar exemption. So long as any Aircraft, any Airframe, any Engine or any Spare Engine is subject to the Lien of this C Mortgage, the Company shall not permit such Aircraft, Airframe, Engine or Spare Engine, as the case may be, to be used, operated, maintained, serviced, repaired or overhauled (x) in violation of any Law of any Government Entity having jurisdiction that is binding on or applicable to such Aircraft, Airframe, Engine or Spare Engine or (y) in violation of any airworthiness certificate, license or registration of any such Government Entity relating to such Aircraft, Airframe, Engine or Spare Engine, except (i) immaterial or non-recurring violations with respect to which corrective measures are taken promptly by the Company or Permitted Lessee, as the case may be, upon discovery thereof, (ii) to the extent the validity or application of any such Law or requirement relating to any such certificate, license or registration is being contested in good faith by the Company or Permitted Lessee in any reasonable manner which does not materially adversely affect the Lien of this C Mortgage and does not involve any material risk of sale, forfeiture or loss of such Aircraft, Airframe, Engine or Spare Engine, or (iii) that the Company shall not be in default under, or required to take any action set forth in this sentence if it is not possible for the Company to comply with the laws of a jurisdiction other than the United States (or other jurisdiction in which such Aircraft is registered) because of a conflict with the applicable laws of the United States (or such other jurisdiction where such Aircraft is registered).

Appears in 1 contract

Samples: Framework Agreement (Spirit Airlines, Inc.)

Operation and Use. So long as The Company agrees that the Aircraft will not be used or operated in violation of any Aircraftlaw, rule or regulation of any Airframegovernment having jurisdiction in any country in which the Aircraft is flown or in violation of any airworthiness certificate, any Engine license or any Spare Engine is subject registration relating to the Lien of this C MortgageAircraft issued by any such government, the Company shall not (or permit any Permitted Lessee to) operate, use or locate any Aircraft, any Airframe, any Engine or any Spare Engine, or allow any Aircraft, any Airframe, any Engine or any Spare Engine to be operated, used or located, except (i) in any area excluded from coverage by any insurance required minor, unanticipated or non-recurring violations with respect to which corrective measures are taken promptly by the terms of Section 3.06Company or, except if any lease to a Permitted Lessee is then in effect with respect to the Aircraft, such Permitted Lessee, as the case of a requisition by the U.S. Government where the Company obtains indemnity in lieu of such insurance from the U.S. Government or insurance from the U.S. Government against substantially the same risks and for at least the amounts of the insurance required by Section 3.06 covering such areamay be, or (ii) in any recognized area of hostilities unless covered in accordance with Section 3.06 by war risk insurance, or in either case unless such Aircraft, Airframe, Engine or Spare Engine is only temporarily operated, used or located in such area as a result of an emergency, equipment malfunction, navigational error, hijacking, weather condition or other similar unforeseen circumstance, so long as to the extent the Company diligently and or such Permitted Lessee is contesting in good faith proceeds the validity or application of any such law, rule or regulation or airworthiness certificate, license or registration in any manner that does not involve any material risk of sale, forfeiture or loss of the Aircraft or impair the Lien of this Indenture; provided that the Company shall not be in default under, or required to remove take any action set forth in, this sentence if it is not possible for it (or such Aircraft, Airframe, Engine Permitted Lessee) to comply with the laws of a jurisdiction other than the United States (or Spare Engine from other than any jurisdiction in which the Aircraft is then registered) because of a conflict with the applicable laws of the United States (or such areajurisdiction in which the Aircraft is then registered). The Company shall also have the right to operate any the Aircraft without having on board the original registration certificate or airworthiness certificate in the event that either or both such certificates disappear from such the Aircraft, but only to the extent permitted by Exemption No. 5318 of the regulations of the FAA Regulations or other similar exemption. So long as any The Company will not operate the Aircraft, or permit the Aircraft to be operated or located, (i) in any Airframearea excluded from coverage by any insurance required by the terms of Section 7.06 or (ii) in any war zone or recognized or, any Engine or any Spare Engine is subject to in the Lien Company’s judgment, threatened areas of this C Mortgagehostilities unless covered by war risk insurance in accordance with Section 7.06, the Company shall not permit such Aircraft, Airframe, Engine or Spare Engine, as unless in the case may beof either clause (i) or (ii), to be used, operated, maintained, serviced, repaired or overhauled (x) in violation of any Law of any Government Entity having jurisdiction that is binding on or applicable to such Aircraft, Airframe, Engine or Spare Engine governmental indemnification complying with Section 7.06(a) and Section 7.06(b) has been provided or (y) the Aircraft is only temporarily located in violation such area as a result of an isolated occurrence or isolated series of occurrences attributable to a hijacking, medical emergency, equipment malfunction, weather conditions, navigational error or other similar unforeseen circumstances or any airworthiness certificate, license or registration other circumstances beyond the reasonable control of any such Government Entity relating to such Aircraft, Airframe, Engine or Spare Engine, except (i) immaterial or non-recurring violations with respect to which corrective measures are taken promptly by the Company and the Company (or any Permitted Lessee, as the case may be, upon discovery thereof, (ii) to the extent the validity or application of any such Law or requirement relating to any such certificate, license or registration is being contested in using its good faith by efforts to remove the Company or Permitted Lessee in any reasonable manner which does not materially adversely affect the Lien of this C Mortgage Aircraft from such area as promptly as practicable. 55 Indenture and does not involve any material risk of sale, forfeiture or loss of such Aircraft, Airframe, Engine or Spare Engine, or Security Agreement (iiiAmerican Airlines 2021-1 EETC) that the Company shall not be in default under, or required to take any action set forth in this sentence if it is not possible for the Company to comply with the laws of a jurisdiction other than the United States (or other jurisdiction in which such Aircraft is registered) because of a conflict with the applicable laws of the United States (or such other jurisdiction where such Aircraft is registered)[Reg. No.]

Appears in 1 contract

Samples: Note Purchase Agreement (American Airlines, Inc.)

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Operation and Use. So long as any Aircraft, any Airframe, any Engine or any Spare Engine is subject to The Company agrees that the Lien of this C Mortgage, the Company shall Aircraft will not (or permit any Permitted Lessee to) operate, use or locate any Aircraft, any Airframe, any Engine or any Spare Engine, or allow any Aircraft, any Airframe, any Engine or any Spare Engine to be operated, used or located, (i) in any area excluded from coverage by any insurance required by the terms of Section 3.06, except in the case of a requisition by the U.S. Government where the Company obtains indemnity in lieu of such insurance from the U.S. Government or insurance from the U.S. Government against substantially the same risks and for at least the amounts of the insurance required by Section 3.06 covering such area, or (ii) in any recognized area of hostilities unless covered in accordance with Section 3.06 by war risk insurance, or in either case unless such Aircraft, Airframe, Engine or Spare Engine is only temporarily operated, used or located in such area as a result of an emergency, equipment malfunction, navigational error, hijacking, weather condition or other similar unforeseen circumstance, so long as the Company diligently and in good faith proceeds to remove such Aircraft, Airframe, Engine or Spare Engine from such area. The Company shall also have the right to operate any Aircraft without having on board the original registration certificate or airworthiness certificate in the event that either or both such certificates disappear from such Aircraft, but only to the extent permitted by Exemption No. 5318 of the FAA Regulations or other similar exemption. So long as any Aircraft, any Airframe, any Engine or any Spare Engine is subject to the Lien of this C Mortgage, the Company shall not permit such Aircraft, Airframe, Engine or Spare Engine, as the case may be, to be used, operated, maintained, serviced, repaired or overhauled (x) operated in violation of any Law law, rule or regulation of any Government Entity government of any country having jurisdiction that is binding on over the Aircraft or applicable to such Aircraft, Airframe, Engine or Spare Engine or (y) in violation of any airworthiness certificate, license or registration of relating to the Aircraft issued by any such Government Entity relating to such Aircraft, Airframe, Engine or Spare Enginegovernment, except (i) immaterial or non-recurring violations with respect to which corrective measures are taken promptly by the Company or a Permitted Lessee, as the case may be, upon discovery thereof, thereof or (ii) to the extent the Company (or, if a Lease is then in effect, any Permitted Lessee) is contesting in good faith the validity or application of any such Law law, rule or requirement relating to any such regulation or airworthiness certificate, license or registration is being contested in good faith by the Company or Permitted Lessee in any reasonable manner which does not materially adversely affect the Lien of this C Mortgage and that does not involve any material risk of sale, forfeiture or loss of such Aircraft, Airframe, Engine the Aircraft or Spare Engine, or (iii) impair the Lien of this Indenture; provided that the Company shall not be in default under, or required to take any action set forth in in, this sentence if it is not possible for the Company it to comply with the laws of a jurisdiction other than the United States (or other than any jurisdiction in which such the Aircraft is then registered) because of a conflict with the applicable laws of the United States (or such other jurisdiction where such in which the Aircraft is then registered). The Company shall also have the right to operate the Aircraft without having on board the original registration certificate or airworthiness certificate in the event that either or both such certificates disappear from the Aircraft, but only to the extent permitted by 56 Indenture and Security Agreement (Spirit 2017-1 EETC) [Reg. No.] Exemption No. 5318 of the regulations of the FAA or other similar exemption. The Company will not operate the Aircraft, or permit the Aircraft to be operated or located, (i) in any area excluded from coverage by any insurance required by the terms of Section 7.06 or (ii) in any war zone or recognized or, in the Company’s judgment, threatened areas of hostilities unless covered by war risk insurance in accordance with Section 7.06, unless in the case of either clause (i) or (ii), (x) government indemnification complying with Sections 7.06(a) and (b) has been provided or (y) the Aircraft is only temporarily located in such area as a result of an isolated occurrence or isolated series of occurrences attributable to a hijacking, medical emergency, equipment malfunction, weather conditions, navigational error or other similar circumstances or any other circumstances beyond the reasonable control of the Company (or any Permitted Lessee) and the Company (or any Permitted Lessee) is using its good faith efforts to remove the Aircraft from such area as promptly as practicable.

Appears in 1 contract

Samples: Indenture and Security Agreement (Spirit Airlines, Inc.)

Operation and Use. So long as any Aircraft, any Airframe, any Engine or any Spare Engine is subject to the Lien of this C Mortgage, the Company shall not (or permit any Permitted Lessee to) operate, use or locate any Aircraft, any Airframe, any Engine or any Spare Engine, or allow any Aircraft, any Airframe, any Engine or any Spare Engine to be operated, used or located, (i) in any area excluded from coverage by any insurance required by the terms of Section 3.06, except in the case of a requisition by the U.S. Government where the Company obtains indemnity in lieu of such insurance from the U.S. Government or insurance from the U.S. Government against substantially the same risks and for at least the amounts of the insurance required by Section 3.06 covering such area, or (ii) in any recognized area of hostilities unless covered in accordance with Section 3.06 by war risk insurance, or in either case unless such Aircraft, Airframe, Engine or Spare Engine is only temporarily operated, used or located in such area as a result of an emergency, equipment malfunction, navigational error, hijacking, weather condition or other similar unforeseen circumstance, so long as the Company diligently and in good faith proceeds to remove such Aircraft, Airframe, Engine or Spare Engine from such area. The Company shall also have the right to operate any Aircraft without having on board the original registration certificate or airworthiness certificate in the event that either or both such certificates disappear from such Aircraft, but only to the extent permitted by Exemption No. 5318 of the FAA Regulations or other similar exemption. So long as any Aircraft, any Airframe, any Engine or any Spare Engine is subject to the Lien of this C Mortgage, the Company shall not permit such Aircraft, Airframe, Engine or Spare Engine, as the case may be, to be used, operated, maintained, serviced, repaired or overhauled (x) in violation of any Law of any Government Entity having jurisdiction that is binding on or applicable to such Aircraft, Airframe, Engine or Spare Engine or (y) in violation of any airworthiness certificate, license or registration of any such Government Entity relating to such Aircraft, Airframe, Engine or Spare Engine, except (i) immaterial or non-recurring violations with respect to which corrective measures are taken promptly by the Company or Permitted Lessee, as the case may be, upon discovery thereof, (ii) to the extent the validity or application of any such Law or requirement relating to any such certificate, license or registration is being contested in good faith by the [C Mortgage and Security Agreement] Company or Permitted Lessee in any reasonable manner which does not materially adversely affect the Lien of this C Mortgage and does not involve any material risk of sale, forfeiture or loss of such Aircraft, Airframe, Engine or Spare Engine, or (iii) that the Company shall not be in default under, or required to take any action set forth in this sentence if it is not possible for the Company to comply with the laws of a jurisdiction other than the United States (or other jurisdiction in which such Aircraft is registered) because of a conflict with the applicable laws of the United States (or such other jurisdiction where such Aircraft is registered).

Appears in 1 contract

Samples: Mortgage and Security Agreement

Operation and Use. So long as any Aircraft, any Airframe, any Engine or any Spare Engine is subject to The Company agrees that the Lien of this C Mortgage, the Company shall Aircraft will not (or permit any Permitted Lessee to) operate, use or locate any Aircraft, any Airframe, any Engine or any Spare Engine, or allow any Aircraft, any Airframe, any Engine or any Spare Engine to be operatedmaintained, used or located, (i) in any area excluded from coverage by any insurance required by the terms of Section 3.06, except in the case of a requisition by the U.S. Government where the Company obtains indemnity in lieu of such insurance from the U.S. Government or insurance from the U.S. Government against substantially the same risks and for at least the amounts of the insurance required by Section 3.06 covering such area, or (ii) in any recognized area of hostilities unless covered in accordance with Section 3.06 by war risk insurance, or in either case unless such Aircraft, Airframe, Engine or Spare Engine is only temporarily operated, used or located in such area as a result of an emergency, equipment malfunction, navigational error, hijacking, weather condition or other similar unforeseen circumstance, so long as the Company diligently and in good faith proceeds to remove such Aircraft, Airframe, Engine or Spare Engine from such area. The Company shall also have the right to operate any Aircraft without having on board the original registration certificate or airworthiness certificate in the event that either or both such certificates disappear from such Aircraft, but only to the extent permitted by Exemption No. 5318 of the FAA Regulations or other similar exemption. So long as any Aircraft, any Airframe, any Engine or any Spare Engine is subject to the Lien of this C Mortgage, the Company shall not permit such Aircraft, Airframe, Engine or Spare Engine, as the case may be, to be used, operated, maintained, serviced, repaired or overhauled (x) operated in violation of any Law law, rule or regulation of any Government Entity government of any country having jurisdiction that is binding on over the Aircraft or applicable to such Aircraft, Airframe, Engine or Spare Engine or (y) in violation of any airworthiness certificate, license or registration of relating to the Aircraft issued by any such Government Entity relating to such Aircraft, Airframe, Engine or Spare EngineIndenture and Security Agreement (Spirit 2015-1 EETC) [Reg. No.] government, except (i) immaterial or non-recurring violations with respect to which corrective measures are taken promptly by the Company or a Permitted Lessee, as the case may be, upon discovery thereof, thereof or (ii) to the extent the Company (or, if a Lease is then in effect, any Permitted Lessee) is contesting in good faith the validity or application of any such Law law, rule or requirement relating to any such regulation or airworthiness certificate, license or registration is being contested in good faith by the Company or Permitted Lessee in any reasonable manner which does not materially adversely affect the Lien of this C Mortgage and that does not involve any material risk of sale, forfeiture or loss of such Aircraft, Airframe, Engine the Aircraft or Spare Engine, or (iii) impair the Lien of this Indenture; provided that the Company shall not be in default under, or required to take any action set forth in in, this sentence if it is not possible for the Company it to comply with the laws of a jurisdiction other than the United States (or other than any jurisdiction in which such the Aircraft is then registered) because of a conflict with the applicable laws of the United States (or such other jurisdiction where such in which the Aircraft is then registered). The Company shall also have the right to operate the Aircraft without having on board the original registration certificate or airworthiness certificate in the event that either or both such certificates disappear from the Aircraft, but only to the extent permitted by Exemption No. 5318 of the regulations of the FAA or other similar exemption. The Company will not operate the Aircraft, or permit the Aircraft to be operated or located, (i) in any area excluded from coverage by any insurance required by the terms of Section 7.06 or (ii) in any war zone or recognized or, in the Company’s judgment, threatened areas of hostilities unless covered by war risk insurance in accordance with Section 7.06, unless in the case of either clause (i) or (ii), (x) government indemnification complying with Sections 7.06(a) and (b) has been provided or (y) the Aircraft is only temporarily located in such area as a result of an isolated occurrence or isolated series of occurrences attributable to a hijacking, medical emergency, equipment malfunction, weather conditions, navigational error or other similar circumstances or any other circumstances beyond the reasonable control of the Company (or any Permitted Lessee) and the Company (or any Permitted Lessee) is using its good faith efforts to remove the Aircraft from such area as promptly as practicable.

Appears in 1 contract

Samples: Indenture and Security Agreement

Operation and Use. So long as The Company agrees that the Aircraft will not be used or operated in violation of any Aircraftlaw, rule or regulation of any Airframegovernment having jurisdiction in any country in which the Aircraft is flown or in violation of any airworthiness certificate, any Engine license or any Spare Engine is subject registration relating to the Lien of this C MortgageAircraft issued by any such government, the Company shall not (or permit any Permitted Lessee to) operate, use or locate any Aircraft, any Airframe, any Engine or any Spare Engine, or allow any Aircraft, any Airframe, any Engine or any Spare Engine to be operated, used or located, except (i) in any area excluded from coverage by any insurance required minor, unanticipated or non-recurring violations with respect to which corrective measures are taken promptly by the terms of Section 3.06Company or, except if any lease to a Permitted Lessee is then in effect with respect to the Aircraft, such Permitted Lessee, as the case of a requisition by the U.S. Government where the Company obtains indemnity in lieu of such insurance from the U.S. Government or insurance from the U.S. Government against substantially the same risks and for at least the amounts of the insurance required by Section 3.06 covering such areamay be, or (ii) in any recognized area of hostilities unless covered in accordance with Section 3.06 by war risk insurance, or in either case unless such Aircraft, Airframe, Engine or Spare Engine is only temporarily operated, used or located in such area as a result of an emergency, equipment malfunction, navigational error, hijacking, weather condition or other similar unforeseen circumstance, so long as to the extent the Company diligently and or such Permitted Lessee is contesting in good faith proceeds the validity or application of any such law, rule or regulation or airworthiness certificate, license or registration in any manner that does not involve any material risk of sale, forfeiture or loss of the Aircraft or impair the Lien of this Indenture; provided that the Company shall not be in default under, or required to remove take any action set forth in, this sentence if it is not possible for it (or such Aircraft, Airframe, Engine Permitted Lessee) to comply with the laws of a jurisdiction other than the United States (or Spare Engine from other than any jurisdiction in which the Aircraft is then registered) because of a conflict with the applicable laws of the United States (or such areajurisdiction in which the Aircraft is then registered). The Company shall also have the right to operate any the Aircraft without having on board the original registration certificate or airworthiness certificate in the event that either or both such certificates disappear from such the Aircraft, but only to the extent permitted by Exemption No. 5318 of the regulations of the FAA Regulations or other similar exemption. So long as any The Company will not operate the Aircraft, or permit the Aircraft to be operated or located, (i) in any Airframearea excluded from coverage by any insurance required by the terms of Section 7.06 or (ii) in any war zone or recognized or, any Engine or any Spare Engine is subject to in the Lien Company’s judgment, threatened areas of this C Mortgagehostilities unless covered by war risk insurance in accordance with Section 7.06, the Company shall not permit such Aircraft, Airframe, Engine or Spare Engine, as unless in the case may beof either clause (i) or (ii), to be used, operated, maintained, serviced, repaired or overhauled (x) in violation of any Law of any Government Entity having jurisdiction that is binding on or applicable to such Aircraft, Airframe, Engine or Spare Engine governmental indemnification complying with Section 7.06(a) and Section 7.06(b) has been provided or (y) the Aircraft is only temporarily located in violation such area as a result of an isolated occurrence or isolated series of occurrences attributable to a hijacking, medical emergency, equipment malfunction, weather conditions, navigational error or other similar unforeseen circumstances or any airworthiness certificate, license or registration other circumstances beyond the reasonable control of any such Government Entity relating to such Aircraft, Airframe, Engine or Spare Engine, except (i) immaterial or non-recurring violations with respect to which corrective measures are taken promptly by the Company and the Company (or any Permitted Lessee, as the case may be, upon discovery thereof, (ii) to the extent the validity or application of any such Law or requirement relating to any such certificate, license or registration is being contested in using its good faith by efforts to remove the Company or Permitted Lessee in any reasonable manner which does not materially adversely affect the Lien of this C Mortgage and does not involve any material risk of sale, forfeiture or loss of Aircraft from such Aircraft, Airframe, Engine or Spare Engine, or (iii) that the Company shall not be in default under, or required to take any action set forth in this sentence if it is not possible for the Company to comply with the laws of a jurisdiction other than the United States (or other jurisdiction in which such Aircraft is registered) because of a conflict with the applicable laws of the United States (or such other jurisdiction where such Aircraft is registered)area as promptly as practicable.

Appears in 1 contract

Samples: Note Purchase Agreement (American Airlines Inc)

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