Common use of Receipt and Application of Compensation Clause in Contracts

Receipt and Application of Compensation. Following an Event of Loss with respect to which payments, including insurance proceeds, are made by or are due from any Person (any such payments or proceeds being hereinafter referred to as "Compensation"), LESSOR shall be entitled to receive, and shall receive, and LESSEE hereby assigns to LESSOR any right or interest which LESSEE may have or may hereafter acquire, in such Compensation, in trust, to be applied as follows: (1) If such Compensation is received with respect to the Aircraft under the circumstances described in Subsection 12(A), so much thereof as shall not exceed the Agreed Value and other amounts due under Subsection 12(A) shall be retained by LESSOR, in reduction of LESSEE's obligation to pay such Agreed Value and other amounts due as was not theretofore paid by LESSEE, or, if such Agreed Value and other amounts have already been paid to LESSOR, such Compensation shall be applied to reimburse LESSEE for its payment of such Agreed Value, and may be paid to LESSEE. (2) If such Compensation is received with respect to an Engine under the circumstances described in Subsection 12(B), such Compensation shall be held in an account established for LESSOR with a bank or trust company as depository, as designated by LESSOR, such sums to be held, invested and distributed as provided below. All of LESSEE's interest in all monies and investments standing to the credit of such account are hereby pledged to LESSOR, and LESSOR is hereby granted a general lien upon and security interest in all of LESSEE's interest in all such monies and investments as security for the performance in full of all of LESSEE's covenants contained in this Lease. The bank or trust company holding such Compensation shall be deemed to be LESSOR's agent for the purpose of perfecting LESSOR's security interest in such sums. If LESSEE shall replace such Engine in accordance with the provisions of Subsection 12(B), LESSOR shall, so long as no Event of Default or Default shall have occurred and be continuing, return all monies and investments then held in such account to LESSEE.

Appears in 4 contracts

Samples: Aircraft Lease Agreement (Afg Investment Trust A), Aircraft Lease Agreement (American Income Fund I-D), Aircraft Lease Agreement (Afg Investment Trust B)

AutoNDA by SimpleDocs
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!