Common use of Other Terms Defined Clause in Contracts

Other Terms Defined. For the purposes of this Section 6.11: (1) “Indemnitee” shall mean any Indemnitee party to this Mortgage, or in the case of an Indemnitee not party to this Agreement, any such Indemnitee which has expressly agreed in writing to be bound by the terms of this Section 6.11 prior to, or concurrently with, the making of a Claim; (2) “After-Tax Basis” means that indemnity and compensation payments required to be made will be supplemented by the Person paying the base amount by that amount which, when added to such base amount, and after deduction of all Federal, state, local and foreign Taxes required to be paid by or on behalf of the payee with respect to the receipt or realization of any such amounts, and after consideration of any current tax savings of such payee resulting by way of any deduction, credit or other tax benefit attributable to such base amount or Tax, shall net such payee the full amount of such base amount; (3) “Collateral Agent Liens” means any Lien attributable to Xxxxxxx Xxxxx Credit Partners L.P. or the Collateral Agent or the Administrative Agent with respect to an Aircraft, Airframe, an Engine, a Spare Engine, a Spare Part, any interest therein or any other portion of the Collateral arising as a result of (i) claims against Xxxxxxx Sachs Credit Partners L.P. or the Collateral Agent or the Administrative Agent not related to its interest in Aircraft, Airframe, an Engine, a Spare Engine, a Spare Part or the administration of the Collateral pursuant to this Mortgage, (ii) acts of Xxxxxxx Xxxxx Credit Partners L.P. or the Collateral Agent or the Administrative Agent not permitted by, or the failure of Xxxxxxx Sachs Credit Partners L.P. or the Collateral Agent or the Administrative Agent to take any action required by the Loan Documents, (iii) claims against Xxxxxxx Xxxxx Credit Partners L.P. or the Collateral Agent or the Administrative Agent relating to Taxes or Claims that are excluded from the indemnification provided by Section 6.11 of this Mortgage or (iv) claims against Xxxxxxx Sachs Credit Partners L.P. or the Collateral Agent or the Administrative Agent arising out of the transfer by any such party of all or any portion of its interest in the Aircraft, Airframe, an Engine, a Spare Engine, a Spare Part, other Collateral, the Loan Documents, except while an Event of Default is continuing and prior to the time that Collateral Agent or the Administrative Agent has received all amounts due to it pursuant to the Loan Documents; and (4) “Lender Lien” means any Lien attributable to a Lender on or against an Aircraft, Airframe, Engine, Spare Engine, Spare Part, any interest therein or any other portion of the Collateral, arising out of any claims against such Person that are not related to the Loan Documents, or out of any act or omission of such Person that is not related to the transactions contemplated by, or that constitutes a breach by such Person of its obligations under, the Loan Documents. If any Indemnitee fails to comply 52 [Second Lien Aircraft, Spare Engines and Spare Parts Mortgage and Security Agreement] with any duty or obligation under this Section 6.11 with respect to any Claim, such Indemnitee shall not be entitled to any indemnity with respect to such Claim under this Section 6.11 to the extent (x) such failure was prejudicial to such Grantor or (y) such Grantor’s indemnification obligations are increased as a result of such failure.

Other Terms Defined. For the purposes of this Section 6.11: (1) “Indemnitee” shall mean any Indemnitee party to this Mortgage, or in the case of an Indemnitee not party to this Agreement, any such Indemnitee which has expressly agreed in writing to be bound by the terms of this Section 6.11 prior to, or concurrently with, the making of a Claim; (2) “After-Tax Basis” means that indemnity and compensation payments required to be made will be supplemented by the Person paying the base amount by that amount which, when added to such base amount, and after deduction of all Federalfederal, state, local and foreign Taxes required to be paid by or on behalf of the payee with respect to the receipt or realization of any such amounts, and after consideration of any current tax savings of such payee resulting by way of any deduction, credit or other tax benefit attributable to such base amount or Tax, shall net such payee the full amount of such base amount; (3) “Collateral Administrative Agent Liens” means any Lien attributable to Xxxxxxx Xxxxx Credit Partners L.P. or the Collateral Agent JPMorgan Chase Bank, N.A. or the Administrative Agent with respect to an Aircraft, Airframe, an Engine, a Spare Engine, a Pledged Spare Part, any interest therein or any other portion of the Collateral arising as a result of (i) claims against Xxxxxxx Sachs Credit Partners L.P. or the Collateral Agent JPMorgan Chase Bank, N.A. or the Administrative Agent not related to its interest in Aircraft, Airframe, an Engine, a Spare Engine, a Pledged Spare Part or the administration of the Collateral pursuant to this Mortgage, (ii) acts of Xxxxxxx Xxxxx Credit Partners L.P. or the Collateral Agent JPMorgan Chase Bank, N.A. or the Administrative Agent not permitted by, or the failure of Xxxxxxx Sachs Credit Partners L.P. or the Collateral Agent JPMorgan Chase Bank, N.A. or the Administrative Agent to take any action required by the Loan Documents, (iii) claims against Xxxxxxx Xxxxx Credit Partners L.P. or the Collateral Agent JPMorgan Chase Bank, N.A. or the Administrative Agent relating to Taxes or Claims that are excluded from the indemnification provided by Section 6.11 of this Mortgage or (iv) claims against Xxxxxxx Sachs Credit Partners L.P. or the Collateral Agent JPMorgan Chase Bank, N.A. or the Administrative Agent arising out of the transfer by any such party of all or any portion of its interest in the Aircraft, Airframe, an Engine, a Spare Engine, a Pledged Spare Part, other Collateral, the Loan Documents, except while an Event of Default is continuing and prior to the time that Collateral Agent or the Administrative Agent has received all amounts due to it pursuant to the Loan Documents; and (4) “Lender Lien” means any Lien attributable to a Lender on or against an [Aircraft, Spare Engines and Spare Parts Mortgage and Security Agreement] Aircraft, Airframe, Engine, Spare Engine, Pledged Spare Part, any interest therein or any other portion of the Collateral, arising out of any claims against such Person that are not related to the Loan Documents, or out of any act or omission of such Person that is not related to the transactions contemplated by, or that constitutes a breach by such Person of its obligations under, the Loan Documents. If any Indemnitee fails to comply 52 [Second Lien Aircraft, Spare Engines and Spare Parts Mortgage and Security Agreement] with any duty or obligation under this Section 6.11 with respect to any Claim, such Indemnitee shall not be entitled to any indemnity with respect to such Claim under this Section 6.11 to the extent (x) such failure was prejudicial to such Grantor or (y) such Grantor’s 's indemnification obligations are increased as a result of such failure.

Other Terms Defined. For the purposes of this Section 6.11: (1) “Indemnitee” shall mean any Indemnitee party to this Mortgage, or in the case of an Indemnitee not party to this Agreement, any such Indemnitee which has expressly agreed in writing to be bound by the terms of this Section 6.11 prior to, or concurrently with, the making of a Claim; (2) “After-Tax Basis” means that indemnity and compensation payments required to be made will be supplemented by the Person paying the base amount by that amount which, when added to such base amount, and after deduction of all Federal, state, local and foreign Taxes required to be paid by or on behalf of the payee with respect to the receipt or realization of any such amounts, and after consideration of any current tax savings of such payee resulting by way of any deduction, credit or other tax benefit attributable to such base amount or Tax, shall net such payee the full amount of such base amount; (3) “Collateral Agent Liens” means any Lien attributable to Xxxxxxx Xxxxx Credit Partners L.P. JPMorgan Chase Bank, N.A. or the Collateral Agent or the Administrative Agent with respect to an Aircraft, Airframe, an Engine, a Spare Engine, a Spare Part, any interest therein or any other portion of the Collateral arising as a result of (i) claims against Xxxxxxx Sachs Credit Partners L.P. JPMorgan Chase Bank, N.A. or the Collateral Agent or the Administrative Agent not related to its interest in Aircraft, Airframe, an Engine, a Spare Engine, a Spare Part or the administration of the Collateral pursuant to this Mortgage, (ii) acts of Xxxxxxx Xxxxx Credit Partners L.P. JPMorgan Chase Bank, N.A. or the Collateral Agent or the Administrative Agent not permitted by, or the failure of Xxxxxxx Sachs Credit Partners L.P. JPMorgan Chase Bank, N.A. or the Collateral Agent or the Administrative Agent to take any action required by the Loan Documents, (iii) claims against Xxxxxxx Xxxxx Credit Partners L.P. JPMorgan Chase Bank, N.A. or the Collateral Agent or the Administrative Agent relating to Taxes or Claims that are excluded from the indemnification provided by Section 6.11 of this Mortgage or (iv) claims against Xxxxxxx Sachs Credit Partners L.P. JPMorgan Chase Bank, N.A. or the Collateral Agent or the Administrative Agent arising out of the transfer by any such party of all or any portion of its interest in the Aircraft, Airframe, an Engine, a Spare Engine, a Spare Part, other Collateral, the Loan Documents, except while an Event of Default is continuing and prior to the time that Collateral Agent or the Administrative Agent has received all amounts due to it pursuant to the Loan Documents; and (4) “Lender Lien” means any Lien attributable to a Lender on or against an Aircraft, Airframe, Engine, Spare Engine, Spare Part, any interest therein or any other portion of the Collateral, arising out of any claims against such Person that are not related to the Loan Documents, or out of any act or omission of such Person that is not related to the transactions contemplated by, or that constitutes a breach by such Person of its obligations under, the Loan Documents. If any Indemnitee fails to comply 52 [Second Lien Aircraft, Spare Engines and Spare Parts Mortgage and Security Agreement] with any duty or obligation under this Section 6.11 with respect to any Claim, such Indemnitee shall not be entitled to any indemnity with respect to such Claim under this Section 6.11 to the extent (x) such failure was prejudicial to such Grantor or (y) such Grantor’s indemnification obligations are increased as a result of such failure.

Other Terms Defined. For the purposes of this Section 6.11: (1) “Indemnitee” shall mean any Indemnitee party to this Mortgage, or in the case of an Indemnitee not party to this Agreement, any such Indemnitee which has expressly agreed in writing to be bound by the terms of this Section 6.11 prior to, or concurrently with, the making of a Claim; (2) “After-Tax Basis” means that indemnity and compensation payments required to be made will be supplemented by the Person paying the base amount by that amount which, when added to such base amount, and after deduction of all Federal, state, local and foreign Taxes required to be paid by or on behalf of the payee with respect to the receipt or realization of any such amounts, and after consideration of any current tax savings of such payee resulting by way of any deduction, credit or other tax benefit attributable to such base amount or Tax, shall net such payee the full amount of such base amount; (3) “Collateral Agent Liens” means any Lien attributable to Xxxxxxx Xxxxx Credit Partners L.P. or the Collateral Agent or the Administrative Agent with respect to an Aircraft, Airframe, an Engine, a Spare Engine, a Spare Part, any interest therein or any other portion of the Collateral arising as a result of (i) claims against Xxxxxxx Sachs Credit Partners L.P. or the Collateral Agent or the Administrative Agent not related to its interest in Aircraft, Airframe, an Engine, a Spare Engine, a Spare Part or the administration of the Collateral pursuant to this Mortgage, (ii) acts of Xxxxxxx Xxxxx Credit Partners L.P. or the Collateral Agent or the Administrative Agent not permitted by, or the failure of Xxxxxxx Sachs Credit Partners L.P. or the Collateral Agent or the Administrative Agent to take any action required by the Loan Documents, (iii) claims against Xxxxxxx Xxxxx Credit Partners L.P. or the Collateral Agent or the Administrative Agent relating to Taxes or Claims that are excluded from the indemnification provided by Section 6.11 of this Mortgage or (iv) claims against Xxxxxxx Sachs Credit Partners L.P. or the Collateral Agent or the Administrative Agent arising out of the transfer by any such party of all or any portion of its interest in the Aircraft, Airframe, an Engine, a Spare Engine, a Spare Part, other Collateral, the Loan Documents, except while an Event of Default is continuing and prior to the time that Collateral Agent or the Administrative Agent has received all amounts due to it pursuant to the Loan Documents; and (4) “Lender Lien” means any Lien attributable to a Lender on or against an Aircraft, Airframe, Engine, Spare Engine, Spare Part, any interest therein or any other portion of the Collateral, arising out of any claims against such Person that are not related to the Loan Documents, or out of any act or omission of such Person that is not related to the transactions contemplated by, or that constitutes a breach by such Person of its obligations under, the Loan Documents. If any Indemnitee fails to comply 52 [Second Lien Aircraft, Spare Engines and Spare Parts Mortgage and Security Agreement] with any duty or obligation under this Section 6.11 with respect to any Claim, such Indemnitee shall not be entitled to any indemnity with respect to such Claim under this Section 6.11 to the extent (x) such failure was prejudicial to such Grantor or (y) such Grantor’s indemnification obligations are increased as a result of such failure.52