Pooling of Parts. Any Part removed from any Engine as provided in Section 3.03(a) hereof may be subjected by the Company (or any Lessee) to a normal pooling arrangement customary in the commercial airline industry of which the Company (or any Lessee) is a party entered into in the ordinary course of the Company's (or such Lessee's) business; provided that the Part replacing such removed Part shall be incorporated or installed in or attached to such Engine in accordance with Sections 3.03(a) and 3.03(b) hereof as promptly as practicable after the removal of such removed Part. In addition, any replacement Part when incorporated or installed in or attached to any Engine in accordance with Section 3.03(a) hereof may be owned by any third party subject to such a normal pooling arrangement; provided that the Company (or any Lessee), at its expense, as promptly thereafter as practicable, either (i) causes such replacement Part to become subject to the Lien of this Mortgage, free and clear of all Liens except Permitted Liens, at which time such temporary replacement Part shall become a Part or (ii) replaces such replacement Part by incorporating or installing in or attaching to such Engine a further replacement Part which is subject to the Lien of this Mortgage, free and clear of all Liens except Permitted Liens.
Appears in 2 contracts
Samples: Engine Mortgage and Security Agreement (America West Holdings Corp), Subordinated Engine Mortgage and Security Agreement (America West Holdings Corp)
Pooling of Parts. Any Part removed from any Airframe or Engine as provided in Section 3.03(a3.4(a) hereof may be subjected by the Company (or any Lessee) to a normal pooling arrangement customary in the commercial airline industry of which the Company (or any Lessee) is a party entered into in the ordinary course of the Company's ’s (or such Lessee's’s) business; provided that the Part replacing such removed Part shall be incorporated or installed in or attached to such Airframe or Engine in accordance with Sections 3.03(a3.4(a) and 3.03(b3.4(b) hereof as promptly as practicable after the removal of such removed Part. In addition, any replacement Part part when incorporated or installed in or attached to any Airframe or any Engine in accordance with Section 3.03(a3.4(a) hereof may be owned by any third party subject to such a normal pooling arrangement; , provided that the Company (or any Lessee), at its expense, as promptly thereafter as practicable, either (i) causes such replacement Part to become subject to the Lien of this Mortgage, free and clear of all Liens except Permitted LiensLiens (other than pooling arrangements), at which time such temporary replacement Part shall become a Part or (ii) replaces such replacement Part by incorporating or installing in or attaching to such Airframe or Engine a further replacement Part which is subject to the Lien of this Mortgage, free and clear of all Liens except Permitted LiensLiens (other than pooling arrangements).
Appears in 2 contracts
Samples: Aircraft Mortgage and Security Agreement (Northwest Airlines Corp), Aircraft Mortgage and Security Agreement (Northwest Airlines Corp)
Pooling of Parts. Any Part removed from any Airframe or Engine as provided in Section 3.03(a3.4(a) hereof may be subjected by the Company (or any Lessee) to a normal pooling arrangement customary in the commercial airline industry of which the Company (or any Lessee) is a party entered into in the ordinary course of the Company's (or such Lessee's) business; provided PROVIDED that the Part replacing such removed Part shall be incorporated or installed in or attached to such Airframe or Engine in accordance with Sections 3.03(a3.4(a) and 3.03(b3.4(b) hereof as promptly as practicable after the removal of such removed Part. In addition, any replacement Part part when incorporated or installed in or attached to any Airframe or any Engine in accordance with Section 3.03(a3.4(a) hereof may be owned by any third party subject to such a normal pooling arrangement; provided , PROVIDED that the Company (or any Lessee), at its expense, as promptly thereafter as practicable, either (i) causes such replacement Part to become subject to the Lien of this Mortgage, free and clear of all Liens except Permitted LiensLiens (other than pooling arrangements), at which time such temporary replacement Part shall become a Part or (ii) replaces such replacement Part by incorporating or installing in or attaching to such Airframe or Engine a further replacement Part which is subject to the Lien of this Mortgage, free and clear of all Liens except Permitted LiensLiens (other than pooling arrangements).
Appears in 2 contracts
Samples: Aircraft Mortgage and Security Agreement (Northwest Airlines Corp), Aircraft Mortgage and Security Agreement (Northwest Airlines Corp)
Pooling of Parts. Any Part removed from the Airframe or any Engine as provided in Section 3.03(a3.4(a) hereof may be subjected by the Company (or any Lessee) to a normal pooling arrangement customary in the commercial airline industry of which the Company (or any Lessee) is a party entered into in the ordinary course of the Company's ’s (or such Lessee's’s) business; provided that the Part replacing such removed Part shall be incorporated or installed in or attached to such Airframe or Engine in accordance with Sections 3.03(a3.4(a) and 3.03(b3.4(b) hereof as promptly as practicable after the removal of such removed Part. In addition, any replacement Part when incorporated or installed in or attached to the Airframe or any Engine in accordance with Section 3.03(a3.4(a) hereof may be owned by any third party subject to such a normal pooling arrangement; , provided that the Company (or any Lessee), at its expense, as promptly thereafter as practicable, either (i) causes such replacement Part to become subject to the Lien of this Mortgage, free and clear of all Liens except Permitted LiensLiens (other than pooling arrangements), at which time such temporary replacement Part shall become a Part or (ii) replaces such replacement Part by incorporating or installing in or attaching to such Airframe or Engine a further replacement Part which is subject to the Lien of this Mortgage, free and clear of all Liens except Permitted LiensLiens (other than pooling arrangements).
Appears in 1 contract
Samples: Mortgage and Security Agreement (Northwest Airlines Corp)
Pooling of Parts. Any Part removed from any Engine as provided in Section 3.03(a) hereof the Aircraft may be subjected by the Company (Lessee or any Lessee) a Permitted Sublessee to a normal pooling arrangement customary in the commercial airline industry of which the Company (or any Lessee) is a party and entered into in the ordinary course of the Company's (business of Lessee or such Lessee's) business; provided that the Permitted Sublessee, so long as a Part replacing such removed Part shall be incorporated or installed in or attached to such Engine the Aircraft in accordance with Sections 3.03(a(S) and 3.03(b) hereof B of this Annex C as promptly as practicable after the removal of such removed Part. In addition, any replacement Part when incorporated or installed in or attached to any Engine in accordance with Section 3.03(a) hereof the Aircraft may be owned by any third party subject to such a normal pooling arrangement; provided that the Company (, so long as Lessee or any Lessee), at its expensePermitted Sublessee, as promptly thereafter as practicablereasonably possible, either (i1) causes title to such replacement Part to become subject to the Lien vest in Lessor in accordance with (S) B of this MortgageAnnex C, free and clear of all Liens (except Permitted Liens), at which time such temporary replacement Part shall become a Part or (ii2) replaces (or causes to be replaced) such replacement Part by incorporating or installing in or attaching to such Engine the Aircraft a further replacement Part which is subject to the Lien of this Mortgage, owned by Lessee or a Permitted Sublessee free and clear of all Liens (except Permitted Liens.) and by causing title to such further replacement Part to vest in Lessor in accordance with (S) B of this Annex C.
Appears in 1 contract
Pooling of Parts. Any Part removed from any Engine as provided in Section 3.03(a) hereof may be subjected by the Company (or any Lessee) to a normal pooling arrangement customary in the commercial airline industry of which the Company (or any Lessee) is a party entered into in the ordinary course of the Company's ’s (or such Lessee's’s) business; provided that the Part replacing such removed Part shall be incorporated or installed in or attached to such Engine in accordance with Sections 3.03(a) and 3.03(b) hereof as promptly as practicable after the removal of such removed Part. In addition, any replacement Part when incorporated or installed in or attached to any Engine in accordance with Section 3.03(a) hereof may be owned by any third party subject to such a normal pooling arrangement; provided that the Company (or any Lessee), at its expense, as promptly thereafter as practicable, either (i) causes such replacement Part to become subject to the Lien of this Mortgage, free and clear of all Liens except Permitted Liens, at which time such temporary replacement Part shall become a Part or (ii) replaces such replacement Part by incorporating or installing in or attaching to such Engine a further replacement Part which is subject to the Lien of this Mortgage, free and clear of all Liens except Permitted Liens.
Appears in 1 contract
Samples: Loan Agreement (Flyi Inc)
Pooling of Parts. Any Part removed from any Airframe, any Engine, any Propeller or any Spare Engine as provided in Section 3.03(a3.2(a) hereof may be subjected by the Company such Grantor (or any Permitted Lessee) to a normal pooling arrangement customary in the commercial airline industry of which the Company (or any Lessee) is a party entered into in the ordinary course of the Company's type which is permitted by clause (or such Lessee'sA) businessof Section 3.1(b)(i) hereof; provided provided, that the Part replacing such removed Part shall be incorporated or installed in or attached to such Airframe, Engine, Propeller or Spare Engine in accordance with Sections 3.03(aSection 3.2(a) and 3.03(b) hereof as promptly as practicable after the removal of such removed Part. In addition, any replacement Part when incorporated or installed in or attached to any an Airframe, an Engine, a Propeller or a Spare Engine in accordance with such Section 3.03(a) hereof may be owned by any third party subject to such a normal pooling arrangement; provided , provided, that the Company such Grantor (or any Permitted Lessee), at its expense, as promptly thereafter as practicable, either (i) causes such replacement Part to become subject to the Lien of this Mortgagethe Security Documents, free and clear of all Liens except other than the First Lien and other Permitted Liens, at which time such temporary replacement Part shall become a Part Liens or (ii) replaces such replacement Part by incorporating or installing in or attaching to such Engine with a further replacement Part owned by such Grantor (or any Permitted Lessee) which is shall become the property of such Grantor and subject to the Lien of this Mortgagethe Security Documents, free and clear of all Liens except other than the First Lien and other Permitted Liens.
Appears in 1 contract
Samples: Mortgage and Security Agreement