Common use of Pooling or Parts Leasing Clause in Contracts

Pooling or Parts Leasing. Any Part removed from the Airframe or from any Engine as provided in Section 7(a) may be subjected by the Lessee (or a Permitted Sublessee) to a pooling or parts leasing agreement or arrangement of a type customary in the airline industry entered into in the ordinary course of the Lessee's (or such Permitted Sublessee's) business, provided the part replacing such removed Part shall be incorporated or installed in or attached to such Airframe or Engine in accordance with Sections 7(a) and 7(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 in accordance with Section 7(a) may be owned by another airline or vendor as customary in the airline industry, subject to a pooling or parts leasing arrangement, PROVIDED that the Lessee (or a Permitted Sublessee), at its expense as promptly thereafter as reasonably practicable, either (i) causes title to such temporary replacement part to vest in the Lessor in accordance with Section 7(b) by the Lessee (or such Permitted Sublessee) acquiring title thereto for the benefit of the Lessor free and clear of all Liens except Permitted Liens, at which time such temporary replacement part shall become a Part and become subject to this Lease or (ii) replaces such temporary replacement part by incorporating or installing in or attaching to such Airframe or Engine a further replacement Part owned by the Lessee (or such Permitted Sublessee) free and clear of all Liens except Permitted Liens and by causing title to such further replacement Part to vest in the Lessor in accordance with Section 7(b).

Appears in 4 contracts

Samples: Lease Agreement (Republic Airways Holdings Inc), Lease Agreement (Republic Airways Holdings Inc), Lease Agreement (Republic Airways Holdings Inc)

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Pooling or Parts Leasing. Any Part removed from the Airframe or from any Engine as provided in Section 7(a) 9.01 may be subjected by the Lessee (or a Permitted Sublessee) to a pooling or parts leasing agreement or arrangement that (i) is sponsored or supervised by the Manufacturer or Engine Manufacturer or a manufacturer of a type customary in the airline industry such Parts, (ii) is entered into in connection with a power by the ordinary course of hour agreement, (iii) is based on immediate operational necessity or (iv) has been approved in advance by the Lessee's Lessor (or such Permitted Sublessee's) businessapproval not to be unreasonably withheld), 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 7(a) and 7(b) Section 9.01 as promptly as practicable after the removal of such removed Part. In addition, any replacement part Replacement Part when incorporated or installed in or attached to the Airframe or any Engine in accordance with Section 7(a) 9.01 may be owned by another airline or vendor as customary in the airline industry, subject to a any such pooling or parts leasing arrangement, PROVIDED that the Lessee (or a Permitted Sublessee)Lessee, at its expense as promptly thereafter as reasonably practicable, either (ix) causes title to such temporary replacement part Replacement Part to vest in the Lessor in accordance with Section 7(b9.01(d) by the Lessee (or such Permitted Sublessee) acquiring title thereto for the benefit of the Lessor free and clear of all Liens except Permitted Liens, at which time such temporary replacement part shall become a Part and become subject to this Lease or (iiy) replaces such temporary replacement part Replacement Part by incorporating or installing in or attaching to such Airframe or Engine a further replacement Replacement Part owned by the Lessee (or such Permitted Sublessee) free and clear of all Liens except Permitted Liens and by causing title to such further replacement Replacement Part to vest in the Lessor in accordance with Section 7(b9.01(d).

Appears in 2 contracts

Samples: Aircraft Lease Agreement (Republic Airways Holdings Inc), Aircraft Lease Agreement (Republic Airways Holdings Inc)

Pooling or Parts Leasing. Any Part removed from the Airframe or from any Engine as provided in Section 7(a) may be subjected by the Lessee (or a Permitted Sublessee) to a pooling or parts leasing agreement or arrangement of a type customary in the airline industry entered into in the ordinary course of the Lessee's (or such Permitted Sublessee's) business, provided the part replacing such removed Part shall be incorporated or installed in or attached to such Airframe or Engine in accordance with Sections 7(a) and 7(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 in accordance with Section 7(a) may be owned by another airline or vendor as customary in the airline industry, subject to a pooling or parts leasing arrangement, PROVIDED provided that the Lessee (or a Permitted Sublessee), at its expense -------- as promptly thereafter as reasonably practicable, either (i) causes title to such temporary replacement part to vest in the Lessor in accordance with Section 7(b) by the Lessee (or such Permitted Sublessee) acquiring title thereto for the benefit of the Lessor free and clear of all Liens except Permitted Liens, at which time such temporary replacement part shall become a Part and become subject to this Lease or (ii) replaces such temporary replacement part by incorporating or installing in or attaching to such Airframe or Engine a further replacement Part owned by the Lessee (or such Permitted Sublessee) free and clear of all Liens except Permitted Liens and by causing title to such further replacement Part to vest in the Lessor in accordance with Section 7(b).

Appears in 2 contracts

Samples: Lease Agreement (Midway Airlines Corp), Lease Agreement (Midway Airlines Corp)

Pooling or Parts Leasing. Any Part removed from the Airframe or from any Engine as provided in Section 7(a4.03(a) may be subjected by the Lessee Company (or a Permitted SublesseeLessee) to a pooling or parts leasing agreement or arrangement of a type customary in the airline industry entered into in the ordinary course of the LesseeCompany's (or such Permitted SublesseeLessee's) business, provided the part replacing 19- such removed Part shall be incorporated or installed in or attached to such Airframe or Engine in accordance with Sections 7(a4.03(a) and 7(b4.03(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 in accordance with Section 7(a4.03(a) may be owned by another airline or vendor as customary in the airline industry, subject to a pooling or parts leasing arrangement, PROVIDED provided that the Lessee Company (or a Permitted Sublessee)Lessee) , at its -------- expense as promptly thereafter as reasonably practicablewithin a commercially reasonable time, either (i) causes title to such temporary replacement part to vest in become subject to the Lessor in accordance with Section 7(b) by the Lessee (or such Permitted Sublessee) acquiring title thereto for the benefit Lien of the Lessor this Indenture, free and clear of all Liens except Permitted Liens, at which time such temporary replacement part shall become a Part and become subject to this Lease or (ii) replaces such temporary replacement part by incorporating or installing in or attaching to such Airframe or Engine a further replacement Part owned by the Lessee Company (or such Permitted SublesseeLessee) free and clear of all Liens except Permitted Liens and by causing title which will become subject to such further replacement Part to vest in the Lessor Lien of this Indenture in accordance with Section 7(b4.03(b).

Appears in 1 contract

Samples: Note Purchase Agreement (Midway Airlines Corp)

Pooling or Parts Leasing. Any Part removed from the Airframe or from any Engine as provided in Section 7(a) may be subjected by the Lessee (or a Permitted Sublessee) to a pooling or parts leasing agreement or arrangement of a type customary in the airline industry entered into in the ordinary course of the Lessee's (or such Permitted Sublessee's) businessbusiness (with respect to the landing gears however, only with a Permitted Sublessee), 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 7(a) and 7(b) as promptly as practicable after the removal of such removed Part. In addition, any temporary replacement part when incorporated or installed in or attached to the Airframe or any Engine in accordance with Section 7(a) may be owned by another airline or vendor as customary in the United States airline industry, subject to a pooling or parts leasing arrangement, PROVIDED provided that the Lessee (or a Permitted Sublessee), at its -------- expense as promptly thereafter as reasonably practicable, either (i) causes title to such temporary replacement part to vest in the Lessor in accordance with Section 7(b) by the Lessee (or such Permitted Sublessee) acquiring title thereto for the benefit of the Lessor free and clear of all Liens except Permitted Liens, at which time such temporary replacement part shall become a Part and become subject to this Lease or (ii) replaces such temporary replacement part by incorporating or installing in or attaching to such Airframe or Engine a further replacement Part owned by the Lessee (or such Permitted Sublessee) free and clear of all Liens except Permitted Liens and which meets the requirements of Section 7(a) and by causing title to such further replacement Part to vest in the Lessor in accordance with Section 7(b).

Appears in 1 contract

Samples: Lease Agreement (Midway Airlines Corp)

Pooling or Parts Leasing. Any Part removed from the Airframe or from any Engine as provided in Section 7(a) may be subjected by the Lessee (or a Permitted Sublessee) to a pooling or parts leasing agreement or arrangement of a type customary in the airline industry entered into in the ordinary course of the Lessee's (or such Permitted Sublessee's) business, provided the part replacing such removed Part shall be incorporated or installed in or attached to such Airframe or Engine in accordance with Sections 7(a) and 7(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 in accordance with Section 7(a) may be owned by another airline or vendor as customary in the airline industry, subject to a pooling or parts leasing arrangement, PROVIDED provided that the Lessee (or a Permitted Sublessee), at its expense -------- as promptly thereafter as reasonably practicable, either (i) causes title to such temporary replacement part to vest in the Lessor in accordance with Section 7(b) by the Lessee (or such Permitted Sublessee) acquiring title thereto for the benefit of the Lessor free and clear of all Liens except Permitted Liens, at which time such temporary replacement part shall become a Part and become subject to this Lease or (ii) replaces such temporary replacement part by incorporating or installing in or attaching to such the Airframe or such Engine a further replacement Part part owned by the Lessee (or such Permitted Sublessee) free and clear of all Liens except Permitted Liens and by causing title to such further replacement Part part to vest in the Lessor in accordance with Section 7(b).

Appears in 1 contract

Samples: Lease Agreement (Midway Airlines Corp)

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Pooling or Parts Leasing. Any Part removed from the Airframe or from any Engine as provided in Section 7(a) may be subjected by the Lessee (or a Permitted Sublessee) to a pooling or parts leasing agreement or arrangement of a type customary in the airline industry entered into in the ordinary course of the Lessee's (or such Permitted Sublessee's) business, provided the part replacing such removed Part shall be incorporated or installed in or attached to such Airframe or Engine in accordance with Sections 7(a) and 7(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 in accordance with Section 7(a) may be owned by another airline or vendor as customary in the airline industry, subject to a pooling or parts leasing arrangement, PROVIDED provided that the Lessee (or a Permitted Sublessee), at its expense as promptly thereafter as reasonably practicable-------- within a commercially reasonable time, either (i) causes title to such temporary replacement part to vest in the Lessor in accordance with Section 7(b) by the Lessee (or such Permitted Sublessee) acquiring title thereto for the benefit of the Lessor free and clear of all Liens except Permitted Liens, at which time such temporary replacement part shall become a Part and become subject to this Lease or (ii) replaces such temporary replacement part by incorporating or installing in or attaching to such Airframe or Engine a further replacement Part owned by the Lessee (or such Permitted Sublessee) free and clear of all Liens except Permitted Liens and by causing title to such further replacement Part to vest in the Lessor in accordance with Section 7(b).

Appears in 1 contract

Samples: Note Purchase Agreement (Midway Airlines Corp)

Pooling or Parts Leasing. Any Part removed from the Airframe or from any Engine as provided in Section 7(a) may be subjected by the Lessee (or a Permitted Sublessee) to a pooling or parts leasing agreement or arrangement of a type customary in the airline industry entered into in the ordinary course of the Lessee's (or such Permitted Sublessee's) business, provided the part replacing such removed Part shall be incorporated or installed in or attached to such Airframe or Engine in accordance with Sections 7(a) and 7(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 in accordance with Section 7(a) may be owned by another airline or vendor as customary in the airline industry, subject to a pooling or parts leasing arrangement, PROVIDED provided that the Lessee (or a Permitted Sublessee), at its expense as promptly thereafter as reasonably practicable, either (i) causes title to such temporary replacement part to vest in the Lessor in accordance with Section 7(b) by the Lessee (or such Permitted Sublessee) acquiring title thereto for the benefit of the Lessor free and clear of all Liens except Permitted Liens, at which time such temporary replacement part shall become a Part and become subject to this Lease or (ii) replaces such temporary replacement part by incorporating or installing in or attaching to such Airframe or Engine a further replacement Part owned by the Lessee (or such Permitted Sublessee) free and clear of all Liens except Permitted Liens and by causing title to such further replacement Part to vest in the Lessor in accordance with Section 7(b).

Appears in 1 contract

Samples: Lease Agreement (Midway Airlines Corp)

Pooling or Parts Leasing. Any Part removed from the Airframe or from any Engine as provided in Section 7(a) may be subjected by the Lessee (or a Permitted Sublessee) to a pooling or parts leasing agreement or arrangement of a type customary in the airline industry entered into in the ordinary course of the Lessee's (or such Permitted Sublessee's) business, provided the part replacing such removed Part shall be incorporated or installed in or attached to such Airframe or Engine in accordance with Sections 7(a) and 7(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 in accordance with Section 7(a) may be owned by another airline or vendor as customary in the airline industry, subject to a pooling or parts leasing arrangement, PROVIDED provided that the Lessee (or a Permitted Sublessee), at its expense -------- as promptly thereafter as reasonably practicable, either (i) causes title to such temporary replacement part to vest in the Lessor in accordance with Section 7(b) by the Lessee (or such Permitted Sublessee) acquiring title thereto for the benefit of the Lessor free and clear of all Liens except Permitted Liens, at which time such temporary replacement part shall become a Part and become subject to this Lease or (ii) replaces such temporary replacement part by incorporating or installing in or attaching to such the Airframe or such Engine a further replacement Part owned by the Lessee (or such Permitted Sublessee) free and clear of all Liens except Permitted Liens and by causing title to such further replacement Part to vest in the Lessor in accordance with Section 7(b).

Appears in 1 contract

Samples: Lease Agreement (Midway Airlines Corp)

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