Common use of Policy Provider Consent Clause in Contracts

Policy Provider Consent. The Policy Provider agrees that to the extent its consent or approval (including with respect to any amendment) is required under this Indenture or any other Related Document, such consent is not required in the event that (x) a Policy Non-Consent Event has occurred or (y) in the case of any consent required under Section 5.03, a Policy Provider Default has occurred and is continuing. If the Policy Provider fails to provide any party hereto with a written response with respect to any request for approval (x) to perform maintenance or modifications to any Aircraft if such maintenance or modification is required in connection with the remarketing of such Aircraft, (y) to acquire a replacement Part or Engine by any ACS Group Member for purposes of remarketing an Aircraft or (z) in connection with any action that would cause the ACS Group Portfolio to exceed any of the Concentration Limits so long as a Rating Agency Confirmation from Xxxxx'x has been obtained in connection therewith, within the time indicated by the Issuer or such Remarketing Servicer in its proposal or, in any event, not less than fifteen Business Days after receipt of such proposal (which proposal shall be in writing and contains a legend stating that the Policy Provider's consent shall be deemed to have been provided unless a response is received from the Policy Provider within fifteen Business Days of receipt thereof) by the Policy Provider, the Policy Provider shall be deemed to have approved such proposal, provided that, in connection with any such proposal, the Issuer or a Remarketing Servicer on its behalf has promptly provided all information with respect to such proposal reasonably requested by the Policy Provider. If the Issuer or the Remarketing Servicer has not provided the Policy Provider with such requested information promptly then the Policy Provider shall not be deemed to have consented to such proposal.

Appears in 1 contract

Samples: Trust Indenture (Aircastle LTD)

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Policy Provider Consent. The Policy Provider agrees that to the extent its consent or approval (including with respect to any amendment) is required under this Indenture or any other Related Document, such consent is not required in the event that (xi) a Policy Non-Consent Event has occurred or (y) and is continuing or, in the case of any consent required under Section 5.03issuance of any Additional Notes or Refinancing Notes, a Policy Non-Consent Event will occur in connection therewith, or (ii) a Policy Provider Default has occurred and is continuing. If the consent of the Policy Provider is required pursuant to any provision of Sections 5.02 or 5.03 of this Indenture or Section 7.04 of the Servicing Agreement, (A) the Policy Provider shall provide the Issuer with a written response confirming its consent or rejection of any proposed action submitted to it by the Issuer or the Servicer as promptly as practicable following its receipt of a proposal from the Issuer or the Servicer and in any event within the time period indicated by the Issuer in its proposal, acting reasonably, which time period shall in any event not be less than fifteen calendar days after receipt of such a proposal by the Policy Provider and (B) such consent, in each case, may not be unreasonably withheld. If the Policy Provider fails to provide any party hereto with a written response with respect to any request for approval (x) to perform maintenance or modifications to any Aircraft if such maintenance or modification is required in connection with the remarketing of such Aircraft, (y) to acquire a replacement Part or Engine by any ACS Group Member for purposes of remarketing an Aircraft or (z) in connection with any action that would cause the ACS Group Portfolio to exceed any of the Concentration Limits so long as a Rating Agency Confirmation from Xxxxx'x has been obtained in connection therewith, within the time indicated by the Issuer or such Remarketing the Servicer in its proposal or, in any event, not less than fifteen Business Days after receipt of such proposal (which proposal shall be in writing and contains a legend stating that the Policy Provider's consent shall be deemed to have been provided unless a response is received from the Policy Provider within fifteen Business Days of receipt thereof) by the Policy Providerproposal, the Policy Provider shall be deemed to have not approved such proposal, provided that, in connection with any such proposal, the Issuer or . If a Remarketing Servicer on its behalf has promptly provided all information with respect response to such proposal reasonably requested is required, the Policy Provider will use reasonable efforts to provide its written response within the indicated time period, provided that failure to provide such response shall not constitute a breach under this Indenture by the Policy Provider. If the Issuer or the Remarketing Servicer has not provided the Policy Provider with such requested information promptly then the Policy Provider shall not be deemed to have consented to such proposal.

Appears in 1 contract

Samples: Trust Indenture (Babcock & Brown Air LTD)

Policy Provider Consent. The Policy Provider agrees that to the extent its consent or approval (including with respect to any amendment) is required under this Indenture or any other Related Document, such consent is not required in the event that (x) a Policy Non-Consent Event has occurred and is continuing or, in the case of any issuance of any Additional Notes or Refinancing Notes, a Policy Non-Consent Event will occur in connection therewith or (y) in the case of any consent required under Section 5.03, a Policy Provider Default has occurred and is continuing. If the Policy Provider fails to provide any party hereto with a written response with respect to any request for approval (x) to perform maintenance or modifications to any Aircraft if such maintenance or modification is required in connection with the remarketing of such Aircraft, (y) to acquire a replacement Part or Engine by any ACS Group Member for purposes of remarketing an Aircraft or (z) in connection with any action that would cause the ACS Group Portfolio to exceed any of the Concentration Limits so long as a Rating Agency Confirmation from Xxxxx'x Moody’s has been obtained in connection therewith, within the time indicated by the Issuer or such Remarketing Servicer in its proposal or, in any event, not less than fifteen Business Days after receipt of such proposal (which proposal shall be in writing and contains a legend stating that the Policy Provider's ’s consent shall be deemed to have been provided unless a response is received from the Policy Provider within fifteen Business Days of receipt thereof) by the Policy Provider, the Policy Provider shall be deemed to have approved such proposal, provided that, in connection with any such proposal, the Issuer or a Remarketing Servicer on its behalf has promptly provided all information with respect to such proposal reasonably requested by the Policy Provider. If the Issuer or the Remarketing Servicer has not provided the Policy Provider with such requested information promptly then the Policy Provider shall not be deemed to have consented to such proposal.

Appears in 1 contract

Samples: Trust Indenture (Aircastle LTD)

Policy Provider Consent. The Policy Provider agrees that to the extent its consent or approval (including with respect to any amendment) is required under this Indenture or any other Related Document, such consent is not required in the event that (x) a Policy Non- 106 Consent Event has occurred and is continuing or, in the case of any issuance of any Additional Notes or Refinancing Notes, a Policy Non-Consent Event has occurred will occur in connection therewith or (y) in the case of any consent required under Section 5.03, a Policy Provider Default has occurred and is continuing. If the Policy Provider fails to provide any party hereto with a written response with respect to any request for approval (x) to perform maintenance or modifications to any Aircraft if such maintenance or modification is required in connection with the remarketing of such Aircraft, (y) to acquire a replacement Part or Engine by any ACS Group Member for purposes of remarketing an Aircraft or (z) in connection with any action that would cause the ACS Group Portfolio to exceed any of the Concentration Limits so long as a Rating Agency Confirmation from Xxxxx'x Moody’s has been obtained in connection therewith, within the time indicated by the Issuer or such Remarketing Servicer in its proposal or, in any event, not less than fifteen Business Days after receipt of such proposal (which proposal shall be in writing and contains a legend stating that the Policy Provider's ’s consent shall be deemed to have been provided unless a response is received from the Policy Provider within fifteen Business Days of receipt thereof) by the Policy Provider, the Policy Provider shall be deemed to have approved such proposal, provided that, in connection with any such proposal, the Issuer or a Remarketing Servicer on its behalf has promptly provided all information with respect to such proposal reasonably requested by the Policy Provider. If the Issuer or the Remarketing Servicer has not provided the Policy Provider with such requested information promptly then the Policy Provider shall not be deemed to have consented to such proposal.

Appears in 1 contract

Samples: Trust Indenture (Aircastle LTD)

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Policy Provider Consent. The Policy Provider agrees that to the extent its consent or approval (including with respect to any amendment) is required under this Indenture or any other Related Document, such consent is not required in the event that (x) a no Class G Notes are Outstanding and no Policy Provider Obligations are due and owing (and, in the case of any issuance of any Additional Notes, the Policy Non-Consent Event has occurred occurred), or (y) in the case of any consent required under Section 5.02(t) or Section 5.03, a Policy Provider Default (as defined in clause (a) but not clause (b) of the definition thereof if either (i) a Policy Drawing has been made on or before the date such consent is required and such Policy Drawing has not been reimbursed as of the date such consent is required or (ii) the Policy is assumed or otherwise found to be enforceable against the Policy Provider in the applicable proceeding giving rise to such Policy Provider Default) has occurred and is continuing. If the consent of the Policy Provider is required pursuant to any provision of Section 5.03 of this Indenture or Section 7.04 of the Servicing Agreement, the Policy Provider shall provide the Issuer with a written response confirming its consent or rejection of any proposed action submitted to it by the Issuer or the Servicer as promptly as practicable following its receipt of a proposal from the Issuer or the Servicer and in any event within the time period indicated by the Issuer in its proposal, acting reasonably, which time period shall in any event not be less than three Business Days after receipt of such a proposal by the Policy Provider. If the Policy Provider fails to provide any party hereto with a written response with respect to any request for approval (x) to perform maintenance or modifications to any Aircraft if such maintenance or modification is required in connection with the remarketing of such Aircraft, (y) to acquire a replacement Part or Engine by any ACS Group Member for purposes of remarketing an Aircraft or (z) in connection with any action that would cause the ACS Group Portfolio to exceed any of the Concentration Limits so long as a Rating Agency Confirmation from Xxxxx'x has been obtained in connection therewith, within the time indicated by the Issuer or such Remarketing the Servicer in its proposal or, in any event, not less than fifteen Business Days after receipt of such proposal (which proposal shall be in writing and contains a legend stating that the Policy Provider's consent shall be deemed to have been provided unless a response is received from the Policy Provider within fifteen Business Days of receipt thereof) by the Policy Providerproposal, the Policy Provider shall be deemed to have approved such proposal, provided that, in connection with any such proposal, the Issuer or a Remarketing Servicer on its behalf has promptly provided all information with respect to such proposal reasonably requested by the Policy Provider. If the Issuer or the Remarketing Servicer has not provided the Policy Provider with such requested information promptly then the Policy Provider shall not be deemed to have consented to such proposal.

Appears in 1 contract

Samples: Trust Indenture (AerCap Holdings N.V.)

Policy Provider Consent. The Policy Provider agrees that to the extent its consent or approval (including with respect to any amendment) is required under this Indenture or any other Related Document, such consent is not required in the event that (x) a Policy Non-Consent Event has occurred or (y) in the case of any consent required under Section 5.03, a Policy Provider Default has occurred and is continuing. If the Policy Provider fails to provide any party hereto with a written response with respect to any request for approval (x) to perform maintenance or modifications to any Aircraft if such maintenance or modification is required in connection with the remarketing of such Aircraft, (y) to acquire a replacement Part or Engine by any ACS Group Member for purposes of remarketing an Aircraft or (z) in connection with any action that would cause the ACS Group Portfolio to exceed any of the Concentration Limits so long as a Rating Agency Confirmation from Xxxxx'x Moody's has been obtained in connection therewith, within the time indicated by the Issuer or such Remarketing Servicer in its proposal or, in any event, not less than fifteen Business Days after receipt of such proposal (which proposal shall be in writing and contains a legend stating that the Policy Provider's consent shall be deemed to have been provided unless a response is received from the Policy Provider within fifteen Business Days of receipt thereof) by the Policy Provider, the Policy Provider shall be deemed to have approved such proposal, provided that, in connection with any such proposal, the Issuer or a Remarketing Servicer on its behalf has promptly provided all information with respect to such proposal reasonably requested by the Policy Provider. If the Issuer or the Remarketing Servicer has not provided the Policy Provider with such requested information promptly then the Policy Provider shall not be deemed to have consented to such proposal.

Appears in 1 contract

Samples: Trust Indenture (Aircastle LTD)

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