Common use of Prohibition Against Setoff, Counterclaim, Etc Clause in Contracts

Prohibition Against Setoff, Counterclaim, Etc. Lessee's obligation to pay Rent and make other payments in accordance with this Lease shall be absolute and unconditional irrespective of any contingency whatsoever including (but not limited to) (i) any right of setoff, counterclaim, recoupment, defense or other right which either party hereto may have against the other, (ii) any unavailability of the Aircraft or any part thereof for any reason, including, but not limited to, any loss, theft, damage or destruction of or to the Aircraft or any part thereof, any requisition of the Aircraft or any prohibition or interruption or interference with or other restriction against Owner's or Lessor's or Lessee's use, operation or possession of the Aircraft, or any lack or invalidity of title or any other defect in title, airworthiness, merchantability, fitness for any purpose, condition, design or operation of any kind or nature of the Aircraft, or the ineligibility of the Aircraft for any particular use or trade, or for registration or documentation under the laws of any relevant jurisdiction, or any Event of Loss (subject to the provision for cessation of Basic Rent as stated in Clause 10.1) in respect of or any damage to the Aircraft or any part thereof, (iii) any insolvency, bankruptcy, reorganization, arrangement, readjustment of Indebtedness, dissolution, liquidation or similar proceedings by or against Owner, Beneficial Owner, Lessor, or Lessee, (iv) any invalidity or unenforceability or lack of due authorization of, or other defect in, any of the Relevant Documents, and (v) any other cause which but for this provision would or might have the effect of terminating or in any way affecting any obligation of Lessee hereunder.

Appears in 2 contracts

Samples: Aircraft Lease Agreement (Ubics Inc), Aircraft Purchase Agreement (Ubics Inc)

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Prohibition Against Setoff, Counterclaim, Etc. Lessee's ’s obligation to pay Rent and make other payments in accordance with this Lease shall be absolute and unconditional irrespective of any contingency whatsoever including (but not limited to) (i) any right of setoff, counterclaim, recoupment, defense defence or other right which either party hereto may have against the other, (ii) any unavailability of the Aircraft or any part thereof for any reason, including, but not limited to, any loss, theft, damage or destruction of or to the Aircraft or any part thereof, any requisition of the Aircraft or any prohibition or interruption or interference with or other restriction against Owner's ’s or Lessor's ’s or Lessee's ’s use, operation or possession of the Aircraft, or any lack or invalidity of title or any other defect in title, airworthiness, merchantability, fitness for any purpose, condition, design or operation of any kind or nature of the Aircraft, or the ineligibility of the Aircraft for any particular use or trade, or for registration or documentation under the laws of any relevant jurisdiction, or any Event of Loss (subject to the provision for cessation of Basic Rent as stated in Clause 10.1) in respect of or any damage to the Aircraft or any part thereof, (iii) any insolvency, bankruptcy, reorganization, arrangement, readjustment of Indebtedness, dissolution, liquidation liquidation, concurso mercantil, or similar proceedings by or against Owner, Beneficial Owner, Lessor, Lessee or Lesseeany Financier, (iv) any invalidity or unenforceability or lack of due authorization of, or other defect in, any of the Relevant Documents, and (v) any other cause which but for this provision would or might have the effect of terminating or in any way affecting any obligation of Lessee hereunder.

Appears in 1 contract

Samples: Aircraft Lease Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.)

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Prohibition Against Setoff, Counterclaim, Etc. Lessee's obligation to pay Rent and make other payments in accordance with this Lease Lease, shall be absolute and unconditional irrespective of any contingency whatsoever including (but not limited to) ) (i) any right of setoff, counterclaim, recoupment, defense defence or other right which either party hereto may have against the other, (ii) any unavailability of the Aircraft or any part thereof for any reason, including, but not limited to, any loss, theft, damage or destruction of or to the Aircraft or any part thereof, any a requisition of the Aircraft thereof or any prohibition or interruption interpretation or interference with or other restriction against Owner's or Lessor's or Lessee's use, operation or possession of the AircraftAircraft (other than in violation of a covenant of quiet enjoyment), or any lack or invalidity of title or any other defect in title, the airworthiness, merchantability, fitness for any purpose, condition, design or operation of any kind or nature of the Aircraft, or the ineligibility of the Aircraft for any particular use or trade, or for registration or documentation under the laws of any relevant jurisdiction, or any Event of Loss (subject to the provision for cessation of Basic Rent as stated in Clause 10.1Section 11.1) in respect of or any damage to the Aircraft or any part thereof, (iii) any insolvency, bankruptcy, reorganization, arrangement, readjustment of Indebtednessdebt, dissolution, liquidation or similar proceedings by or against Owner, Beneficial Owner, Lessor, Lessor or Lessee, (iv) any invalidity or unenforceability or lack of due authorization of, or other defect in, any of the Relevant Documentsthis Lease, and (v) any other cause which but for this provision would or might have the effect of terminating termination or in any way affecting any obligation of Lessee hereunder.

Appears in 1 contract

Samples: Aircraft Lease Agreement (Western Pacific Airlines Inc /De/)

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