Common use of Pooling; Etc Clause in Contracts

Pooling; Etc. (i) LESSEE may subject any Engine or APU to normal interchange agreements customary in the United States domestic commercial airline industry entered into by the LESSEE in the ordinary course of its business, and may subject any Engine to pooling arrangements customary in the United States domestic commercial airline industry and entered into by the LESSEE in the ordinary course of its business. (ii) LESSEE may install an Engine or APU on an airframe owned by the LESSEE provided such airframe is free and clear of all liens and encumbrances, except (a) Liens of the type or equivalent to those set forth in the definition of "Permitted Liens"; and (b) the rights of air carriers under normal interchange arrangements which are customary in the United States domestic commercial airline industry and which do not contemplate, permit or require the transfer of title to the airframe or Engines installed thereon. (iii) LESSEE may install an Engine or APU on an airframe leased to, or purchased by the LESSEE, subject to a lease, conditional sale, trust indenture or other security agreement, but only if (a) such airframe is clear of all liens and encumbrances, except Permitted Liens or Liens of the type or equivalent to those set forth in the definition of "Permitted Liens" and the rights of the parties to the lease, conditional sale, trust indenture or other security agreement covering such airframe; and (b) LESSOR shall have received from the lessor, conditional seller, indenture trustee, or secured party of such airframe, a written agreement (which may be the lease, conditional sale, trust indenture or other security agreement covering such airframe), whereby such lessor, conditional seller, indenture trustee or secured party expressly agrees that neither it nor its successors or assigns will acquire or claim any right, title or interest in any Engine or APU by reason of such Engine or APU being incorporated in such airframe at any time while such Engine or APU is subject to this Lease. (iv) No permitted interchange or pooling agreement, transfer or other relinquishment of possession permitted hereunder shall affect the title to, or registration of or effect any transfer of the Aircraft, Airframe, Engines or APU or shall constitute consent to any action not permitted to the LESSEE in this Lease. (v) LESSOR hereby agrees for the benefit of LESSEE and any lessor, conditional vendor or secured party of any engine leased to LESSEE, purchased by LESSEE pursuant to a conditional sale agreement or owned by LESSEE subject to a security agreement that neither LESSOR nor its assignees will acquire or claim, as against LESSEE, such lessor, conditional vendor or secured party or any of their respective assignees any right, title or interest in any engine owned by such lessor under such lease, sold by such conditional vendor under such conditional sale agreement or subject to a security interest in favor of such secured party under such security agreement as a result of such engine being installed on the Airframe.

Pooling; Etc. (i) LESSEE may subject the Aircraft or any Engine or APU to normal interchange agreements customary in the United States domestic commercial airline industry among major Air Carriers entered into by the LESSEE in the ordinary course of its business, and may subject any Engine to pooling arrangements customary in the United States domestic commercial airline industry among major Air Carriers and entered into by the LESSEE in the ordinary course of its business. (ii) LESSEE may install an Engine or APU on an airframe owned by the LESSEE provided such airframe is free and clear of all liens and encumbrances, except (a) Liens of the type or equivalent to those set forth in the definition of "Permitted Liens"; and (b) the rights of air carriers Air Carriers under normal interchange arrangements which are customary in the United States domestic commercial airline industry among major Air Carriers and which do not contemplate, permit or require the transfer of title to the airframe Airframe or Engines installed thereon. (iii) LESSEE may install an Engine or APU on an airframe leased to, or purchased by the LESSEE, subject to a lease, conditional sale, trust indenture or other security agreement, but only if (a) such airframe is clear of all liens and encumbrances, except Permitted Liens or Liens of the type or equivalent to those set forth in the definition of "Permitted Liens" and the rights of the parties to the lease, conditional sale, trust indenture or other security agreement covering such airframe; and (b) LESSOR shall have received from the lessor, conditional seller, indenture trustee, or secured party of such airframe, a written agreement (which may be the lease, conditional sale, trust indenture or other security agreement covering such airframe), whereby such lessor, conditional seller, indenture trustee or secured party expressly agrees that neither it nor its successors or assigns will acquire or claim any right, title or interest in any Engine or APU by reason of such Engine or APU being incorporated in such airframe at any time while such Engine or APU is subject to this Lease; and (c) LESSOR, upon request, shall have received from counsel to the LESSEE an opinion, in form and substance satisfactory to LESSOR, to the effect that no creditors of, or bona fide purchasers from, the lessor, conditional seller, indenture trustee or secured party of such airframe will acquire any right, title or interest in such Engine by reason of such Engine being installed on such airframe at any time while such Engine is subject to this Lease. In the event that LESSOR requires an opinion, the cost of such opinion shall be shared equally by LESSOR and LESSEE. (iv) No permitted interchange or pooling agreement, transfer or other relinquishment of possession permitted hereunder shall affect the title to, or registration of or effect any transfer of the Aircraft, Airframe, Airframe or Engines or APU or shall constitute consent to any action not permitted to the LESSEE in this Lease. (v) LESSOR hereby agrees agrees, for the benefit of LESSEE and any lessor, conditional vendor indenture trustee or other secured party of any engine leased to LESSEE, purchased by LESSEE pursuant to a conditional sale agreement or owned by LESSEE subject to a security agreement that neither LESSOR nor its assignees it will not acquire or claim, as against LESSEE, such lessor, conditional vendor or secured party or any of their respective assignees claim any right, title or interest in any engine owned by such lessor under such lease, sold by such conditional vendor under such conditional sale agreement or subject to a security interest in favor of such secured party under such security agreement as a result reason of such engine being installed on incorporated in the AirframeAirframe at any time while such engine is subject to a lease, conditional sale, trust indenture, or other security agreement covering such engine.

Pooling; Etc. (i) LESSEE may subject the Aircraft or any Engine or APU to normal interchange agreements customary in the United States domestic commercial airline industry among major air carriers entered into by the LESSEE in the ordinary course of its business, and may subject any Engine to pooling arrangements customary in the United States domestic commercial airline industry among major Air Carriers and entered into by the LESSEE in the ordinary course of its business. (ii) LESSEE may install an Engine or APU on an airframe owned by the LESSEE provided such airframe is free and clear of all liens and encumbrances, except (a) Liens of the type or equivalent to those set forth in the definition of "Permitted Liens"; and (b) the The rights of air carriers Air Carriers under normal interchange arrangements which are customary in the United States domestic commercial airline industry among major Air Carriers and which do not contemplate, permit or require the transfer of title to the airframe Airframe or Engines installed thereon. (iii) LESSEE may install an Engine or APU on an airframe leased to, or purchased by the LESSEE, subject to a lease, conditional sale, trust indenture or other security agreement, but only if (a) such airframe is clear of all liens and encumbrances, except Permitted Liens or Liens of the type or equivalent to those set forth in the definition of "Permitted Liens" and the rights of the parties to the lease, conditional sale, trust indenture or other security agreement covering such airframe; and (b) LESSOR and Lender shall have received from the lessor, conditional seller, indenture trustee, or secured party of such airframe, a written agreement (which may be the lease, conditional sale, trust indenture or other security agreement covering such airframe), whereby such lessor, conditional seller, indenture trustee or secured party expressly agrees that neither it nor its successors or assigns will acquire or claim any right, title or interest in any Engine or APU by reason of such Engine or APU being incorporated in such airframe at any time while such Engine or APU is subject to this Lease; and (c) LESSOR and Lender, upon request, shall have received from counsel to the LESSEE an opinion, in form and substance satisfactory to LESSOR and Lender, to the effect that no creditors of, or bona fide purchasers from, the lessor, conditional seller, indenture trustee or secured party of such airframe will acquire any right, title or interest in such Engine by reason of such Engine being installed on such airframe at any time while such Engine is subject to this Lease. In the event that LESSOR and Lender require an opinion, the cost of such opinion shall be shared equally by LESSOR and LESSEE. (iv) No permitted interchange or pooling agreement, transfer or other relinquishment of possession permitted hereunder shall affect the title to, or registration of or effect any transfer of the Aircraft, Airframe, Airframe or Engines or APU or shall constitute consent to any action not permitted to the LESSEE in this Lease. (v) LESSOR hereby agrees agrees, for the benefit of LESSEE and any lessor, conditional vendor indenture trustee or other secured party of any engine leased to LESSEE, purchased by LESSEE pursuant to a conditional sale agreement or owned by LESSEE subject to a security agreement that neither LESSOR nor its assignees it will not acquire or claim, as against LESSEE, such lessor, conditional vendor or secured party or any of their respective assignees claim any right, title or interest in any engine owned by such lessor under such lease, sold by such conditional vendor under such conditional sale agreement or subject to a security interest in favor of such secured party under such security agreement as a result reason of such engine being installed on incorporated in the AirframeAirframe at any time while such engine is subject to a lease, conditional sale, trust indenture, or other security agreement covering such engine.

Pooling; Etc. (i) LESSEE may subject the Aircraft or any Engine or APU to normal interchange agreements customary in the United States domestic commercial airline industry among major Air Carriers entered into by the LESSEE in the ordinary course of its business, and may subject any Engine to pooling arrangements customary in the United States domestic commercial airline industry among major Air Carriers and entered into by the LESSEE in the ordinary course of its business. (ii) LESSEE may install an Engine or APU on an airframe owned by the LESSEE provided such airframe is free and clear of all liens and encumbrances, except (a) Liens of the type or equivalent to those set forth in the definition of "Permitted Liens"; and (b) the rights of air carriers Air Carriers under normal interchange arrangements which are customary in the United States domestic commercial airline industry among major Air Carriers and which do not contemplate, permit or require the transfer of title to the airframe Airframe or Engines installed thereon. (iii) LESSEE may install an Engine or APU on an airframe leased to, or purchased by the LESSEE, subject to a lease, conditional sale, trust indenture or other security agreement, but only if (a) such airframe is clear of all liens and encumbrances, except Permitted Liens or Liens of the type or equivalent to those set forth in the definition of "Permitted Liens" and the rights of the parties to the lease, conditional sale, trust indenture or other security agreement covering such airframe; and (b) LESSOR and Lender shall have received from the lessor, conditional seller, indenture trustee, or secured party of such airframe, a written agreement (which may be the lease, conditional sale, trust indenture or other security agreement covering such airframe), whereby such lessor, conditional seller, indenture trustee or secured party expressly agrees that neither it nor its successors or assigns will acquire or claim any right, title or interest in any Engine or APU by reason of such Engine or APU being incorporated in such airframe at any time while such Engine or APU is subject to this Lease; and (c) LESSOR and Lender, upon request, shall have received from counsel to the LESSEE an opinion, in form and substance satisfactory to LESSOR and Lender, to the effect that no creditors of, or bona fide purchasers from, the lessor, conditional seller, indenture trustee or secured party of such airframe will acquire any right, title or interest in such Engine by reason of such Engine being installed on such airframe at any time while such Engine is subject to this Lease. In the event that LESSOR and Lender require an opinion, the cost of such opinion shall be shared equally by LESSOR and LESSEE. (iv) No permitted interchange or pooling agreement, transfer or other relinquishment of possession permitted hereunder shall affect the title to, or registration of or effect any transfer of the Aircraft, Airframe, Airframe or Engines or APU or shall constitute consent to any action not permitted to the LESSEE in this Lease. (v) LESSOR hereby agrees agrees, for the benefit of LESSEE and any lessor, conditional vendor indenture trustee or other secured party of any engine leased to LESSEE, purchased by LESSEE pursuant to a conditional sale agreement or owned by LESSEE subject to a security agreement that neither LESSOR nor its assignees it will not acquire or claim, as against LESSEE, such lessor, conditional vendor or secured party or any of their respective assignees claim any right, title or interest in any engine owned by such lessor under such lease, sold by such conditional vendor under such conditional sale agreement or subject to a security interest in favor of such secured party under such security agreement as a result reason of such engine being installed on incorporated in the AirframeAirframe at any time while such engine is subject to a lease, conditional sale, trust indenture, or other security agreement covering such engine.