Common use of Pooling of Parts Clause in Contracts

Pooling of Parts. Any Part removed from the Aircraft, Airframe or an Engine may be subjected by the Owner or a Permitted Lessee to a normal pooling arrangement customary in the airline industry and entered into in the ordinary course of business of Owner or Permitted Lessee, provided that the part replacing such removed Part shall be incorporated or installed in or attached to such Airframe or any Engine in accordance with Sections 4.04(a) and 4.04(b) 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 may be owned by any third party, subject to a normal pooling arrangement, so long as the Owner or a Permitted Lessee, at its own cost and expense, as promptly thereafter as reasonably possible, either (i) causes such replacement part to become subject to the Lien of this Trust Indenture, free and clear of all Liens except Permitted Liens, at which time such replacement part shall become a Part or (ii) replaces (or causes to be replaced) such replacement part by incorporating or installing in or attaching to the Aircraft, Airframe or any Engine a further replacement part owned by the Owner free and clear of all Liens except Permitted Liens and which shall become subject to the Lien of this Trust Indenture in accordance with Section 4.04(b).

Appears in 17 contracts

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

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Pooling of Parts. Any Part removed from the Aircraft, Airframe or an Engine may be subjected by the Owner or a Permitted Lessee to a normal pooling arrangement customary in the airline industry and entered into in the ordinary course of business of Owner or Permitted Lessee, provided that the part replacing such removed Part shall be incorporated or installed in or attached to such Airframe or any Engine in accordance with Sections 4.04(a) and 4.04(b) 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 may be owned by any third party, subject to a normal pooling arrangement, so long as the Owner or a Permitted Lessee, at its own cost and expense, as promptly thereafter as reasonably possible, either (i) causes such replacement part to become subject to the Lien of this Trust Indenture, free and clear of all Liens except Permitted Liens, at which time such replacement part shall become a Part or (ii) replaces (or causes to be replaced) such replacement part by incorporating or installing in or attaching to the Aircraft, Airframe or any Engine a further replacement part Part owned by the Owner free and clear of all Liens except Permitted Liens and which shall become subject to the Lien of this Trust Indenture in accordance with Section 4.04(b).

Appears in 11 contracts

Samples: Trust Indenture and Mortgage (Continental Airlines Inc /De/), Trust Indenture and Mortgage (Continental Airlines Inc /De/), Trust Indenture and Mortgage (Continental Airlines Inc /De/)

Pooling of Parts. Any Part removed from the Aircraft, Airframe or an Engine may be subjected by the Owner or a Permitted Lessee to a normal pooling arrangement customary in the airline industry and entered into in the ordinary course of business of the Owner or Permitted Lessee, provided that the part replacing such removed Part shall be incorporated or installed in or attached to such Airframe or any Engine in accordance with Sections 4.04(a) and 4.04(b) 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 may be owned by any third party, subject to a normal pooling arrangement, so long as the Owner or a Permitted Lessee, at its own cost and expense, as promptly thereafter as reasonably possible, either (i) causes such replacement part to become subject to the Lien of this Trust Indenture, free and clear of all Liens except Permitted Liens, at which time such replacement part shall become a Part or (ii) replaces (or causes to be replaced) such replacement part by incorporating or installing in or attaching to the Aircraft, Airframe or any Engine a further replacement part owned by the Owner free and clear of all Liens except Permitted Liens and which shall become subject to the Lien of this Trust Indenture in accordance with Section 4.04(b).

Appears in 7 contracts

Samples: Trust Indenture and Security Agreement, Trust Indenture and Security Agreement (Us Airways Inc), Trust Indenture and Security Agreement (Us Airways Inc)

Pooling of Parts. Any Part removed from the Aircraft, an Airframe or an Engine may be subjected by the Owner Borrower or a Permitted Lessee to a normal pooling arrangement customary in the airline industry and entered into in the ordinary course of business of Owner the Borrower or Permitted Lessee, provided that the part replacing such removed Part shall be incorporated or installed in or attached to such Airframe or any Engine in accordance with Sections 4.04(a3.04(a) and 4.04(b3.04(b) 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 an Airframe or any Engine may be owned by any third party, subject to a normal pooling arrangement, so long as the Owner Borrower or a Permitted Lessee, at its own cost and expense, as promptly thereafter as reasonably possible, either (i) causes such replacement part to become subject to the Lien of this Trust IndentureMortgage, free and clear of all Liens except Permitted Liens, at which time such replacement part shall become a Part or (ii) replaces (or causes to be replaced) such replacement part by incorporating or installing in or attaching to the Aircraft, such Airframe or any Engine a further replacement part Part owned by the Owner Borrower free and clear of all Liens except Permitted Liens and which shall become subject to the Lien of this Trust Indenture Mortgage in accordance with Section 4.04(b3.04(b).

Appears in 2 contracts

Samples: Term Loan Credit and Guaranty Agreement (United Airlines, Inc.), Term Loan Credit and Guaranty Agreement (United Airlines, Inc.)

Pooling of Parts. Any Part removed from the Aircraft, any Airframe or an Engine may be subjected by the Owner Company or a Permitted Lessee to a normal pooling arrangement customary in the airline industry and entered into in the ordinary course of business of Owner the Company or Permitted Lessee, provided that the part replacing such removed Part shall be incorporated or installed in or attached to such Airframe or any Engine in accordance with Sections 4.04(a3.04(a) and 4.04(b3.04(b) 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 any Airframe or any Engine may be owned by any third party, subject to a normal pooling arrangement, so long as the Owner Company or a Permitted Lessee, at its own cost and expense, as promptly thereafter as reasonably possible, either (i) causes such replacement part to become subject to the Lien of this Trust Indenturethe Mortgage, free and clear of all Liens except Permitted Liens, at which time such replacement part shall become a Part or (ii) replaces (or causes to be replaced) such replacement part by incorporating or installing in or attaching to the such Aircraft, Airframe or any Engine a further replacement part owned by the Owner Company free and clear of all Liens except Permitted Liens and which shall become subject to the Lien of this Trust Indenture the Mortgage in accordance with Section 4.04(b3.04(b).

Appears in 2 contracts

Samples: Revolving Credit Facility Agreement (Southwest Airlines Co), 364 Day Credit Agreement (Southwest Airlines Co)

Pooling of Parts. Any Part removed from the Aircraftany Airframe, Airframe Engine or an Spare Engine as provided in Section 2.02(a) hereof may be subjected by the Owner a Grantor (or a any Permitted Lessee Lessee) to a normal pooling arrangement customary in the airline industry and entered into in the ordinary course of business of Owner or Permitted Lesseesuch Grantor’s business; provided, provided that the part Part replacing such removed Part shall be incorporated or installed in or attached to such Airframe Airframe, Engine or any Spare Engine in accordance with Sections 4.04(a) and 4.04(bSection 2.01(a) 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 the Airframe an Airframe, Engine or any Spare Engine in accordance with such Sections may be owned by any third party, Party subject to such a normal pooling arrangement, so long as the Owner provided, that such Grantor (or a any Permitted Lessee), at its own cost and expense, as promptly thereafter as reasonably possiblepracticable, either (i) causes such replacement part Part to become subject to the Lien of this Trust IndentureMortgage, free and clear of all Liens except other than Permitted Liens, at which time such replacement part shall become a Part Encumbrances or (ii) replaces (or causes to be replaced) replaced such replacement part by incorporating or installing in or attaching to the Aircraft, Airframe or any Engine Part with a further replacement part Part owned by a Grantor (or any Permitted Lessee) which shall become the Owner property of a Grantor and subject to the Lien of this Mortgage, free and clear of all Liens except other than Permitted Liens and which shall become subject to the Lien of this Trust Indenture in accordance with Section 4.04(b)Encumbrances.

Appears in 2 contracts

Samples: First Lien Revolving Credit and Guaranty Agreement (Delta Air Lines Inc /De/), Second Lien Term Loan and Guaranty Agreement (Delta Air Lines Inc /De/)

Pooling of Parts. Any Part removed from the Aircraft, Airframe or an any Engine as provided in Clause 16.1 or 16.2 may be subjected by the Owner or a Permitted Lessee to a normal pooling arrangement customary in the airline industry and entered into in the ordinary course of business of Owner or Permitted Lessee's business, provided that the part replacing such removed Part shall be incorporated or installed in or attached to such the Airframe or any such Engine in accordance with Sections 4.04(a) Clause 16.1 and 4.04(b) 16.2 as promptly soon as practicable after the removal of such removed Part. In additionWithout prejudice to the generality of the foregoing sentence, any replacement part Part when incorporated or installed in or attached to the Airframe or any Engine may be owned by any a third party, person subject to such a normal pooling arrangement, so long as the Owner or a Permitted provided that Lessee, at its own cost and expense, as promptly thereafter as reasonably possible, either (ia) causes title to such replacement part Part to become subject to the Lien of this Trust Indenture, vest in Owner Trustee in accordance with Clause 16.1 and 16.2 free and clear of all Liens Security Interests except Permitted Liens, at which time or (b) replaces or procures the replacement of such replacement part shall become a Part by the incorporation or (ii) replaces (or causes to be replaced) such replacement part by incorporating or installing installation in or attaching attachment to the Aircraft, such Airframe or any Engine of a further replacement part owned by Part (which meets the Owner requirements of this Clause 16) free and clear of all Liens Security Interests except Permitted Liens and which shall become by causing title to such further replacement Part to vest in the Owner Trustee, subject to the Lien of this Trust Indenture Mortgage, in accordance with Section 4.04(b)Clause 16.1 and 16.2 and such further replacement Part shall forthwith be deemed Part of the Airframe or Engine to the same extent as the Part originally incorporated or installed in or attached to the Airframe or such Engine and shall become a Part hereunder.

Appears in 2 contracts

Samples: Aircraft Lease Agreement (Frontier Airlines Inc /Co/), Aircraft Lease Agreement (Frontier Airlines Inc /Co/)

Pooling of Parts. Any Part removed from the Aircraft, Airframe or an Engine may be subjected by the Owner or a Permitted Lessee to a normal pooling arrangement customary in the airline industry and entered into in the ordinary course of business of Owner or such Permitted Lessee, provided that the part replacing such removed Part shall be incorporated or installed in in, or attached to to, such Airframe or any Engine in accordance with Sections 4.04(a) and 4.04(b) as promptly as practicable after the removal of such removed Part. In addition, any replacement part when incorporated or installed in in, or attached to to, the Airframe or any Engine may be owned by any third party, subject to a normal pooling arrangement, so long as the Owner or a Permitted Lessee, at its own cost and expense, as promptly thereafter as reasonably possible, either (i) causes such replacement part to become subject to the Lien of this Trust Indenture, free and clear of all Liens except Permitted Liens, at which time such replacement part shall become a Part or (ii) replaces (or causes to be replaced) such replacement part by incorporating or installing in in, or attaching to to, the Aircraft, Airframe or any Engine a further replacement part Part owned by the Owner free and clear of all Liens except Permitted Liens and which shall become subject to the Lien of this Trust Indenture in accordance with Section 4.04(b).

Appears in 2 contracts

Samples: Trust Indenture and Mortgage (Atlas Air Inc), Trust Indenture and Mortgage (Atlas Air Inc)

Pooling of Parts. Any Part removed from the an Aircraft, Airframe or an Engine may be subjected by the Owner or a Permitted Lessee to a normal pooling arrangement customary in the airline industry and entered into in the ordinary course of business of Owner or Permitted Lessee, provided that the part replacing such removed Part shall be incorporated or installed in or attached to such Airframe or any Engine in accordance with Sections 4.04(a2.04(a) and 4.04(b2.04(b) 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 may be owned by any third party, subject to a normal pooling arrangement, so long as the Owner or a Permitted Lessee, at its own cost and expense, as promptly thereafter as reasonably possible, either (i) causes such replacement part to become subject to the Lien of this Trust IndentureMortgage, free and clear of all Liens except Permitted Liens, at which time such replacement part shall become a Part or (ii) replaces (or causes to be replaced) such replacement part by incorporating or installing in or attaching to the Aircraft, Airframe or any Engine a further replacement part owned by the Owner free and clear of all Liens except Permitted Liens and which shall become subject to the Lien of this Trust Indenture Mortgage in accordance with Section 4.04(b2.04(b).

Appears in 2 contracts

Samples: Aircraft Mortgage and Security Agreement (Wheels Up Experience Inc.), Aircraft Mortgage and Security Agreement (Wheels Up Experience Inc.)

Pooling of Parts. Any Part removed from the Aircraft, Airframe or an any Engine as provided in Clause 17.1 or 17.2 may be subjected by the Owner or a Permitted Lessee to a normal pooling arrangement customary in the airline industry and entered into in the ordinary course of business of Owner or Permitted LesseeSublessee's business, provided that the part replacing such removed Part shall be incorporated or installed in or attached to such the Airframe or any such Engine in accordance with Sections 4.04(a) Clause 17.1 and 4.04(b) 17.2 as promptly soon as practicable after the removal of such removed Part. In additionWithout prejudice to the generality of the foregoing sentence, any replacement part when incorporated or installed in or attached to the Airframe or any Engine may be owned by any a third party, person subject to such a normal pooling arrangement, so long as the Owner or a Permitted Lesseeprovided that Sublessee, at its own cost and expense, as promptly thereafter as reasonably possible, either (ia) causes title to such replacement part to become subject to the Lien of this Trust Indenture, vest in Owner Trustee in accordance with Clause 17.1 and 17.2 free and clear of all Liens Security Interests except Permitted Liens, at which time such replacement part shall become a Part or (iib) replaces (or causes to be replaced) procures the replacement of such replacement part by incorporating the incorporation or installing installation in or attaching attachment to the Aircraft, such Airframe or any Engine of a further replacement part owned by (which meets the Owner requirements of this clause 17) free and clear of all Liens Security Interests except Permitted Liens and which shall become by causing title to such further replacement part to vest in the Owner Trustee subject to the Lien of this Trust Indenture Mortgage in accordance with Section 4.04(b)Clause 17.1 and 17.2 and such further replacement part shall forthwith be deemed part of the Airframe or Engine to the same extent as the Part originally incorporated or installed in or attached to the Airframe or such Engine and shall become a Part hereunder.

Appears in 1 contract

Samples: Aircraft Sublease Agreement (Frontier Airlines Inc /Co/)

Pooling of Parts. Any Part removed from the Aircraft, Airframe or an any Engine as provided in Section 8(a) may be subjected by Lessee or any Person permitted to be in possession of the Owner or a Permitted Lessee Aircraft to a normal pooling arrangement customary in the airline industry and entered into in the ordinary course of business of Owner Lessee's or Permitted Lessee, such Person's business; provided that the part replacing such removed Part shall be incorporated or installed in or attached to such the Airframe or any such Engine in accordance with Sections 4.04(a) and 4.04(bSection 8(a) 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 the Airframe or any Engine may be owned by any third party, party subject to such a normal pooling arrangement, so long as the Owner or a Permitted ; provided that Lessee, at its own cost and expense, as promptly thereafter as reasonably possible, practicable either (i) causes title to such replacement part Part to become subject to vest in Lessor by Lessee (or any such Person) acquiring title thereto for the Lien of this Trust Indenturebenefit of, and transferring such title to, Lessor free and clear of all Liens (except Permitted Liens), at which time such replacement part shall become a Part or (ii) replaces (or causes to be replaced) such replacement part Part by incorporating or installing in or attaching to the Aircraft, Airframe or any such Engine a further replacement part Part owned by the Owner Lessee (or any such Person) free and clear of all Liens except Permitted Liens and which shall become subject by causing title to such further replacement Part to vest in Lessor in the Lien of this Trust Indenture in accordance with manner contemplated by Section 4.04(b8(a).

Appears in 1 contract

Samples: Participation Agreement (Delta Air Lines Inc /De/)

Pooling of Parts. Any Part removed from the Aircraft, Airframe or an Engine may be subjected by the Owner or a Permitted Lessee to a normal pooling arrangement customary in the airline industry and entered into in the ordinary course of business of Owner or Permitted Lessee, provided that the part replacing such removed Part shall be TRUST INDENTURE 14-1 incorporated or installed in or attached to such Airframe or any Engine in accordance with Sections 4.04(a) and 4.04(b) 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 may be owned by any third party, subject to a normal pooling arrangement, so long as the Owner or a Permitted Lessee, at its own cost and expense, as promptly thereafter as reasonably possible, either (i) causes such replacement part to become subject to the Lien of this Trust Indenture, free and clear of all Liens except Permitted Liens, at which time such replacement part shall become a Part or (ii) replaces (or causes to be replaced) such replacement part by incorporating or installing in or attaching to the Aircraft, Airframe or any Engine a further replacement part owned by the Owner free and clear of all Liens except Permitted Liens and which shall become subject to the Lien of this Trust Indenture in accordance with Section 4.04(b).

Appears in 1 contract

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

Pooling of Parts. Any Part removed from the Aircraft, an Airframe or an Engine may be subjected by the Owner Grantor or a Permitted Lessee to a normal pooling arrangement customary in the airline industry and entered into in the ordinary course of business of Owner the Grantor or Permitted Lessee, provided that the part replacing such removed Part shall be incorporated or installed in or attached to such Airframe or any Engine in accordance with Sections 4.04(a3.04(a) and 4.04(b3.04(b) 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 an Airframe or any Engine may be owned by any third party, subject to a normal pooling arrangement, so long as the Owner Grantor or a Permitted Lessee, at its own cost and expense, as promptly thereafter as reasonably possible, either (i) causes such replacement part to become subject to the Lien of this Trust IndentureMortgage, free and clear of all Liens except Permitted Liens, at which time such replacement part shall become a Part or (ii) replaces (or causes to be replaced) such replacement part by incorporating or installing in or attaching to the Aircraft, such Airframe or any Engine a further replacement part Part owned by the Owner Grantor free and clear of all Liens except Permitted Liens and which shall become subject to the Lien of this Trust Indenture Mortgage in accordance with Section 4.04(b3.04(b).

Appears in 1 contract

Samples: Delayed Draw Term Loan Credit Agreement (Jetblue Airways Corp)

Pooling of Parts. Any Part removed from the Aircraft, Airframe or an Engine may be subjected by the Owner or a Permitted Lessee to a normal pooling arrangement customary in the airline industry and entered into in the ordinary course of business of Owner or Permitted Lessee, provided that the part replacing such removed Part shall be incorporated or installed in or attached to such Airframe or any Engine in accordance with Sections 4.04(a) and 4.04(b) as promptly as practicable after the removal of such removed Part. In addition, any replacement part when TRUST INDENTURE 16-1 incorporated or installed in or attached to the Airframe or any Engine may be owned by any third party, subject to a normal pooling arrangement, so long as the Owner or a Permitted Lessee, at its own cost and expense, as promptly thereafter as reasonably possible, either (i) causes such replacement part to become subject to the Lien of this Trust Indenture, free and clear of all Liens except Permitted Liens, at which time such replacement part shall become a Part or (ii) replaces (or causes to be replaced) such replacement part by incorporating or installing in or attaching to the Aircraft, Airframe or any Engine a further replacement part owned by the Owner free and clear of all Liens except Permitted Liens and which shall become subject to the Lien of this Trust Indenture in accordance with Section 4.04(b).

Appears in 1 contract

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

Pooling of Parts. Any Part removed from the Aircraft, Airframe or an Engine may be subjected by the Owner or a Permitted Lessee to a normal pooling arrangement customary in the airline industry and entered into in the ordinary course of business of Owner or Permitted Lessee, provided that the part replacing such removed Part shall be TRUST INDENTURE 13-1 incorporated or installed in or attached to such Airframe or any Engine in accordance with Sections 4.04(a) and 4.04(b) 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 may be owned by any third party, subject to a normal pooling arrangement, so long as the Owner or a Permitted Lessee, at its own cost and expense, as promptly thereafter as reasonably possible, either (i) causes such replacement part to become subject to the Lien of this Trust Indenture, free and clear of all Liens except Permitted Liens, at which time such replacement part shall become a Part or (ii) replaces (or causes to be replaced) such replacement part by incorporating or installing in or attaching to the Aircraft, Airframe or any Engine a further replacement part owned by the Owner free and clear of all Liens except Permitted Liens and which shall become subject to the Lien of this Trust Indenture in accordance with Section 4.04(b).

Appears in 1 contract

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

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Pooling of Parts. Any Part removed from the Aircraft, Airframe or an any Engine may be subjected by the Owner or a Permitted Lessee to a normal pooling arrangement customary in the airline industry of the United States (or by a Permitted Sublessee to a normal pooling arrangement with other air carriers customary in the airline industry of the country of registry under the subject sublease) and entered into in the ordinary course of business of Owner Lessee (or such Permitted LesseeSublessee), provided that the part so long as there are no U.S. government restrictions on transactions with such air carrier, and so long as a Part replacing such removed Part shall be incorporated or installed in or attached to such the Airframe or any Engine Engine, as the case may be, in accordance with Sections 4.04(a) and 4.04(b) § B of this Annex C 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 the Airframe or any Engine Engine, as the case may be, may be owned by any third party, party subject to such a normal pooling arrangement, so long as the Owner Lessee or a Permitted Lessee, at its own cost and expenseSublessee, as promptly thereafter as reasonably possible, either (i1) causes title to such replacement part Part to become subject to the Lien vest in Lessor in accordance with § B of this Trust IndentureAnnex C, free and clear of all Liens (except Permitted Liens), at which time such replacement part shall become a Part or (ii2) replaces (or causes to be replaced) such replacement part Part by incorporating or installing in or attaching to the Aircraft, Airframe or any Engine Engine, as the case may be, a further replacement part Part owned by the Owner Lessee or a Permitted Sublessee free and clear of all Liens (except Permitted Liens Liens) and which shall become subject by causing title to the Lien of this Trust Indenture such further replacement Part to vest in Lessor in accordance with Section 4.04(b).§ B of this Annex C.

Appears in 1 contract

Samples: Lease Agreement (Hawaiian Holdings Inc)

Pooling of Parts. Any Part removed from the an Aircraft, Airframe or an Engine may be subjected by the Owner or a Permitted Lessee to a normal pooling arrangement customary in the airline industry and entered into in the ordinary course of business of Owner or Permitted Lessee, provided that the part replacing such removed Part shall be incorporated or installed in or attached to such Airframe or any Engine in accordance with Sections 4.04(a) and 4.04(b) 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 an Airframe or any Engine may be owned by any third party, subject to a normal pooling arrangement, so long as the Owner or a Permitted Lessee, at its own cost and expense, as promptly thereafter as reasonably possible, either (i) causes such replacement part Part to become subject to the Lien of this Trust Indenture, free and clear of all Liens except Permitted Liens, at which time such replacement part shall become a Part or (ii) replaces (or causes to be replaced) such replacement part Part by incorporating or installing in or attaching to the Aircraft, such Airframe or any Engine a further replacement part owned by the Owner free and clear of all Liens except Permitted Liens and which shall become subject to the Lien of this Trust Indenture in accordance with Section 4.04(b).

Appears in 1 contract

Samples: Trust Indenture and Mortgage (United Airlines, Inc.)

Pooling of Parts. Any Part removed from the Aircraft, Airframe or an Engine may be subjected by the Owner or a Permitted Lessee to a normal pooling arrangement customary in the airline industry and entered into in the ordinary course of business of Owner or Permitted Lessee, provided that the part replacing such removed Part shall be incorporated or installed in or attached to such Airframe or any Engine in accordance with Sections 4.04(a) and 4.04(b) 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 may be owned by any third party, subject to a normal pooling arrangement, so long as the Owner or a Permitted Lessee, at its own cost and expense, as promptly thereafter as reasonably possible, either (i) causes such TRUST INDENTURE 2023-1 31 replacement part to become subject to the Lien of this Trust Indenture, free and clear of all Liens except Permitted Liens, at which time such replacement part shall become a Part or (ii) replaces (or causes to be replaced) such replacement part by incorporating or installing in or attaching to the Aircraft, Airframe or any Engine a further replacement part owned by the Owner free and clear of all Liens except Permitted Liens and which shall become subject to the Lien of this Trust Indenture in accordance with Section 4.04(b).

Appears in 1 contract

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

Pooling of Parts. Any Part removed from the Aircraft, Airframe or an Engine may be subjected by the Owner or a Permitted Lessee to a normal pooling arrangement customary in the airline industry and entered into in the ordinary course of business of Owner or Permitted Lessee, provided that the part replacing such removed Part shall be incorporated or installed in or attached to such Airframe or any Engine in accordance with Sections 4.04(a) and 4.04(b) 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 may be owned by any third party, subject to a normal pooling arrangement, so long as the Owner or a Permitted Lessee, at its 2002 EETC - Mortgage (Owned) (10) own cost and expense, as promptly thereafter as reasonably possible, either (i) causes such replacement part to become subject to the Lien of this Trust Indenture, free and clear of all Liens except Permitted Liens, at which time such replacement part shall become a Part or (ii) replaces (or causes to be replaced) such replacement part by incorporating or installing in or attaching to the Aircraft, Airframe or any Engine a further replacement part Part owned by the Owner free and clear of all Liens except Permitted Liens and which shall become subject to the Lien of this Trust Indenture in accordance with Section 4.04(b).

Appears in 1 contract

Samples: Trust Indenture and Mortgage (Ata Holdings Corp)

Pooling of Parts. Any Part removed from the Aircraft, Airframe or an any Engine may be subjected by the Owner Company or a Permitted Lessee to a normal pooling arrangement customary in the airline industry and entered into in the ordinary course of business of Owner the Company or Permitted Lessee, provided that the part replacing such removed Part shall be incorporated or installed in or attached to such the Airframe or any such Engine in accordance with Sections 4.04(a3.04(a) and 4.04(b3.04(b) 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 may be owned by any third party, subject to a normal pooling arrangement, so long as the Owner Company or a Permitted Lessee, at its own cost and expense, as promptly thereafter as reasonably possible, either (i) causes such replacement part to become subject to the Lien of this Trust IndentureMortgage, free and clear of all Liens except Permitted Liens, at which time such replacement part shall become a Part or (ii) replaces (or causes to be replaced) such replacement part by incorporating or installing in or attaching to the Aircraft, Airframe or any Engine a further replacement part owned by the Owner Company free and clear of all Liens except Permitted Liens and which shall become subject to the Lien of this Trust Indenture Mortgage in accordance with Section 4.04(b3.04(b).

Appears in 1 contract

Samples: Term Loan Agreement (Southwest Airlines Co)

Pooling of Parts. Any Part removed from the Aircraft, Airframe or an Engine may be subjected by the Owner or a Permitted Lessee to a normal pooling arrangement customary in the airline industry and entered into in the ordinary course of business of Owner or Permitted Lessee, provided Lessee that the part replacing such removed Part shall be incorporated or installed in or attached to such Airframe or any Engine in accordance with Sections 4.04(a) and 4.04(b) 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 may be owned by any third party, subject to a normal pooling arrangement, so long as the Owner or a Permitted Lessee, at its own cost and expense, as promptly thereafter as reasonably possible, either (i) causes such replacement part to become subject to the Lien of this Trust Indenture, free and clear of all Liens except Permitted Liens, at which time such replacement part shall become a Part or (ii) replaces (or causes to be replaced) such replacement part by incorporating or installing in or attaching to the Aircraft, Airframe or any Engine a further replacement part Part owned by the Owner free and clear of all Liens except Permitted Liens and which shall become subject to the Lien of this Trust Indenture in accordance with Section 4.04(b).

Appears in 1 contract

Samples: Note Purchase Agreement (Continental Airlines Inc /De/)

Pooling of Parts. Any Part removed from the Aircraftany Airframe, Airframe Engine or an Spare Engine as provided in Section 2.02(a) hereof may be subjected by the Owner a Grantor (or a any Permitted Lessee Lessee) to a normal pooling arrangement customary in the airline industry and entered into in the ordinary course of business of Owner or Permitted Lesseesuch Grantor’s business; provided, provided that the part Part replacing such removed Part shall be incorporated or installed in or attached to such Airframe Airframe, Engine or any Spare Engine in accordance with Sections 4.04(a) and 4.04(bSection 2.01(a) 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 the Airframe an Airframe, Engine or any Spare Engine in accordance with such Sections may be owned by any third party, Party subject to such a normal pooling arrangement, so long as the Owner provided, that such Grantor (or a any Permitted Lessee), at its own cost and expense, as promptly thereafter as reasonably possiblepracticable, either (i) causes such replacement part Part to become subject to the Lien of this Trust IndentureMortgage, free and clear of all Liens except other than Permitted Liens, at which time such replacement part shall become a Part Collateral Liens or (ii) replaces (or causes to be replaced) replaced such replacement part by incorporating or installing in or attaching to the Aircraft, Airframe or any Engine Part with a further replacement part Part owned by a Grantor (or any Permitted Lessee) which shall become the Owner property of a Grantor and subject to the Lien of this Mortgage, free and clear of all Liens except other than Permitted Liens and which shall become subject to the Lien of this Trust Indenture in accordance with Section 4.04(b)Collateral Liens.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Delta Air Lines Inc /De/)

Pooling of Parts. Any Part removed from the Aircraft, Airframe or an any Engine may be subjected by the Owner Lessee or a Permitted Lessee Sublessee to a normal pooling arrangement customary in the airline industry and entered into in the ordinary course of business of Owner Lessee or such Permitted LesseeSublessee, provided that the part so long as a Part replacing such removed Part shall be incorporated or installed in or attached to such the Aircraft, Airframe or any such Engine in accordance with Sections 4.04(a) and 4.04(b) Section B of this Annex C 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 the Aircraft, Airframe or any Engine may be owned by any third party, party subject to such a normal pooling arrangement, so long as the Owner Lessee or a Permitted LesseeSublessee, at its own cost and expense, as promptly thereafter as reasonably possible, possible either (i) causes title to such replacement part Part to become subject to the Lien vest in Lessor in accordance with Section B of this Trust IndentureAnnex C, free and clear of all Liens (except Permitted Liens), at which time such replacement part shall become a Part or (ii) replaces (or causes to be replaced) such replacement part Part by incorporating or installing in or attaching to the Aircraft, Airframe or any such Engine a further replacement part Part owned by the Owner Lessee or a Permitted Sublessee free and clear of all Liens (except Permitted Liens Liens) and which shall become subject by causing title to the Lien of this Trust Indenture such further replacement Part to vest in Lessor in accordance with Section 4.04(b).B of this Annex C.

Appears in 1 contract

Samples: Lease Agreement (Atlas Air Inc)

Pooling of Parts. Any Part removed from the Aircraft, Airframe or an Engine may be subjected by the Owner or a Permitted Lessee to a normal pooling arrangement TRUST INDENTURE 2020-1 customary in the airline industry and entered into in the ordinary course of business of Owner or Permitted Lessee, provided that the part replacing such removed Part shall be incorporated or installed in or attached to such Airframe or any Engine in accordance with Sections 4.04(a) and 4.04(b) 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 may be owned by any third party, subject to a normal pooling arrangement, so long as the Owner or a Permitted Lessee, at its own cost and expense, as promptly thereafter as reasonably possible, either (i) causes such replacement part to become subject to the Lien of this Trust Indenture, free and clear of all Liens except Permitted Liens, at which time such replacement part shall become a Part or (ii) replaces (or causes to be replaced) such replacement part by incorporating or installing in or attaching to the Aircraft, Airframe or any Engine a further replacement part owned by the Owner free and clear of all Liens except Permitted Liens and which shall become subject to the Lien of this Trust Indenture in accordance with Section 4.04(b).

Appears in 1 contract

Samples: Note Purchase Agreement (Hawaiian Holdings Inc)

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