Common use of Registration, Maintenance and Operation Clause in Contracts

Registration, Maintenance and Operation. Company, at its own cost and expense, (i) will be a "citizen of the United States" as defined in Section 40102(15) of Title 49 of the United States Code; (ii) will cause ownership of the Aircraft and Spare Engines to be duly registered and remain duly registered in the name of Company in accordance with the Act; and (iii) will cause Lessee to service, repair, inspect, test, maintain, overhaul the Airframe and each Engine and each Spare Engine and install replacement equipment and parts on the Aircraft, each Engine and each Spare Engine (A) so as to keep the Airframe and each Engine and each Spare Engine in such operating condition as may be required to permit the Airframe and each Engine to be utilized in commercial operations, (B) so as to enable the airworthiness certification of the Airframe to be maintained in good standing at all times under the Act, except when aircraft of the same type, model or series as the Airframe (powered by engines of the same type as those with which the Airframe shall be equipped at the time of grounding) registered in the United States have been grounded by the FAA; provided, however, that if following its issuance, the United States FAA airworthiness certificate of the Aircraft shall be withdrawn, then subject to the provisions of Section 4(f) hereof, so long as Company is diligently taking or causing to be taken all necessary action to promptly correct the condition which caused such withdrawal, no Event of Default shall arise from such withdrawal, (C) in accordance with Lessee's FAA-approved maintenance, inspection and maintenance control programs, and in the same manner and with the same care used by Lessee with respect to the same or similar aircraft and engines owned or operated by Lessee so as to keep the same in as good operating condition as when originally mortgaged hereunder, ordinary wear and tear excepted, which practices shall at all times be at or above the standard of the industry in the United States for prudent maintenance of similar equipment, and (D) in such manner as may be necessary to maintain in full force all warranties of the manufacturers thereof. Company shall maintain, or shall cause Lessee to maintain, all records, logs and other materials which may be required to permit the Airframe, each Engine and each Spare Engine to be so utilized. Company will comply in all material respects with all airworthiness directives, mandatory notes or modifications or similar requirements affecting the same (including those issued by the manufacturer or supplier) in such condition so as to comply with the provisions of this Mortgage and the rules and regulations of the FAA from time to time in force and applicable to the Aircraft, Engines and Spare Engines. Neither the Airframe nor any Engine nor any Spare Engine will be maintained, used or operated in violation of any law or any rule, regulation or order of any government or governmental authority having jurisdiction (domestic or foreign), or in violation of any airworthiness certificate, license or registration relating to the Airframe or such Engine or such Spare Engine issued by any such authority, and in the event that such laws, rules, regulations or orders require alteration of the Airframe or any Engine or any Spare Engine, Company, at its own cost and expense, will conform thereto or obtain conformance therewith and will maintain the same in proper operating condition under such laws, rules, regulations and orders; provided, however, that Company may, in good faith (after having delivered to Agent an Officer's Certificate stating the facts with respect thereto), contest the validity or application of any such law, rule, regulation or order in any reasonable manner which does not, in Agent's opinion, adversely affect the interests under this Mortgage of Agent or any Lender. Company will not operate, use or locate the Airframe or any Engine or any Spare Engine, (I) in any area in which any insurance required to be maintained pursuant to Section 4(g) shall not be at the time in full force and effect, or in any area excluded from coverage by an insurance policy in effect with respect to the Airframe or such Engine or such Spare Engine, except in the case of a requisition for use by the United States of America, and then only if Company obtains indemnity or "war risk" insurance in lieu of such insurance from the United States of America against the risks and in the amounts required by said Section covering such area, or (II) in any recognized or threatened area of hostilities unless fully covered to Agent's satisfaction by war risk and political risk and allied perils insurance or unless the Airframe or such Engine or such Spare Engine is operated or used under contract with the Government of the United States of America under which contract that Government provides "war risk" insurance or assumes liabilities for any damages, loss, destruction or failure to return possession of the Airframe or such Engine or such Spare Engine at the end of the term of such contract and for injury to persons or damage to property of others. Company shall not use the Aircraft or any Spare Engines nor suffer it to be used in any manner or for any purpose excepted from any of the insurance on or in respect of the Aircraft or any Spare Engines or for the purpose of carriage of goods of any description excepted from such insurance nor do, or permit to be done, anything which, or admit to do anything the admission of which, may invalidate any of such insurance.

Appears in 3 contracts

Samples: Security Agreement and Chattel Mortgage (Atlas Air Inc), Security Agreement and Chattel Mortgage (Atlas Air Inc), Security Agreement and Chattel Mortgage (Atlas Air Inc)

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Registration, Maintenance and Operation. Company, at its own cost and expense, (i) will be a "citizen of the United States" as defined in Section 40102(15) of Title 49 of the United States Code; (ii) will cause ownership of the Aircraft and Spare Engines to be duly registered and remain duly registered in the name of Company in accordance with the Act; and (iii) will cause Lessee to service, repair, inspect, test, maintain, overhaul the Airframe and each Engine and each Spare Engine and install replacement equipment and parts on the Aircraft, each Engine Aircraft and each Spare Engine (A) so as to keep the Airframe and each Engine and each Spare Engine in such operating condition as may be required to permit the Airframe and each Engine to be utilized in commercial operations, (B) so as to enable the airworthiness certification of the Airframe to be maintained in good standing at all times under the Act, except when aircraft of the same type, model or series as the Airframe (powered by engines of the same type as those with which the Airframe shall be equipped at the time of grounding) registered in the United States have been grounded by the FAA; provided, however, that if following its issuance, the United States FAA airworthiness certificate of the Aircraft shall be withdrawn, then subject to the provisions of Section 4(f) hereof, so long as Company is diligently taking or causing to be taken all necessary action to promptly correct the condition which caused such withdrawal, no Event of Default shall arise from such withdrawal, (C) in accordance with Lessee's FAA-approved maintenance, inspection and maintenance control programs, and in the same manner and with the same care used by Lessee with respect to the same or similar aircraft and engines owned or operated by Lessee so as to keep the same in as good operating condition as when originally mortgaged hereunder, ordinary wear and tear excepted, which practices shall at all times be at or above the standard of the industry in the United States for prudent maintenance of similar equipment, and (D) in such manner as may be necessary to maintain in full force all warranties of the manufacturers thereof. Company shall maintain, or shall cause Lessee to maintain, all records, logs and other materials which may be required to permit the Airframe, each Engine Airframe and each Spare Engine to be so utilized. Company will comply in all material respects with all airworthiness directives, mandatory notes or modifications or similar requirements affecting the same (including those issued by the manufacturer or supplier) in such condition so as to comply with the provisions of this Mortgage and the rules and regulations of the FAA from time to time in force and applicable to the Aircraft, Engines Aircraft and Spare Engines. Neither the Airframe nor any Engine nor any Spare Engine will be maintained, used or operated in violation of any law or any rule, regulation or order of any government or governmental authority having jurisdiction (domestic or foreign), or in violation of any airworthiness certificate, license or registration relating to the Airframe or such Engine or such Spare Engine issued by any such authority, and in the event that such laws, rules, regulations or orders require alteration of the Airframe or any Engine or any Spare Engine, Company, at its own cost and expense, will conform thereto or obtain conformance therewith and will maintain the same in proper operating condition under such laws, rules, regulations and orders; provided, however, that Company may, in good faith (after having delivered to Agent an Officer's Certificate stating the facts with respect thereto), contest the validity or application of any such law, rule, regulation or order in any reasonable manner which does not, in Agent's opinion, adversely affect the interests under this Mortgage of Agent or any Lender. Company will not operate, use or locate the Airframe or any Engine or any Spare Engine, (I) in any area in which any insurance required to be maintained pursuant to Section 4(g) shall not be at the time in full force and effect, or in any area excluded from coverage by an insurance policy in effect with respect to the Airframe or such Engine or such Spare Engine, except in the case of a requisition for use by the United States of America, and then only if Company obtains indemnity or "war risk" insurance in lieu of such insurance from the United States of America against the risks and in the amounts required by said Section covering such area, or (II) in any recognized or threatened area of hostilities unless fully covered to Agent's satisfaction by war risk and political risk and allied perils insurance or unless the Airframe or such Engine or such Spare Engine is operated or used under contract with the Government of the United States of America under which contract that Government provides "war risk" insurance or assumes liabilities for any damages, loss, destruction or failure to return possession of the Airframe or such Engine or such Spare Engine at the end of the term of such contract and for injury to persons or damage to property of others. Company shall not use the Aircraft or any Spare Engines nor suffer it to be used in any manner or for any purpose excepted from any of the insurance on or in respect of the Aircraft or any Spare Engines or for the purpose of carriage of goods of any description excepted from such insurance nor do, or permit to be done, anything which, or admit to do anything the admission of which, may invalidate any of such insurance.

Appears in 3 contracts

Samples: Security Agreement and Chattel Mortgage (Atlas Air Inc), Security Agreement And (Atlas Air Inc), Security Agreement And (Atlas Air Inc)

Registration, Maintenance and Operation. CompanyThe Borrower, at its own cost and expense, shall, and shall cause each permitted lessee to: (i) will cause the Aircraft to be a "citizen duly registered, and at all times thereafter to remain duly registered, in the name of the United States" Borrower (except as defined in Section 40102(15otherwise required by the Federal Aviation Act) under the Federal Aviation Act and shall not register the Aircraft under the laws of Title 49 of any other country if such registration shall invalidate or adversely affect registration under the United States CodeFederal Aviation Act; (ii) will cause ownership of the Aircraft and Spare Engines to be duly registered and remain duly registered in the name of Company in accordance with the Act; and (iii) will cause Lessee to maintain, service, repair, inspect, test, maintain, overhaul and test the Airframe and each Engine and each Spare Engine and install replacement equipment and parts on the Aircraft, each Engine and each Spare Engine (A) so as to keep the Airframe and each Engine in as good operating condition, ordinary wear and each Spare Engine tear excepted; and (iii) maintain all records, logs and other materials required by the FAA to be maintained in such operating condition as may be required to permit respect of the Airframe and each Engine Engine. The Borrower, at its own cost and expense shall: (a) perform or cause to be utilized in commercial operationsperformed all mandatory service, (B) so as to enable the airworthiness certification of the Airframe to be maintained in good standing at all times under the Actrepair, except when aircraft of the same typemaintenance, model or series as the Airframe (powered by engines of the same type as those with which the Airframe shall be equipped at the time of grounding) registered in the United States have been grounded by the FAA; providedoverhaul, however, that if following its issuance, the United States FAA airworthiness certificate and testing of the Aircraft shall (i) as may be withdrawn, then subject to the provisions of Section 4(fnecessary and required under applicable FAA Rules and Regulations and (ii) hereof, so long as Company is diligently taking or causing to be taken all necessary action to promptly correct the condition which caused such withdrawal, no Event of Default shall arise from such withdrawal, (C) in accordance with Lessee's FAA-approved maintenance, inspection and maintenance control programs, and in the same manner and with the same care used by Lessee as shall be the case with respect to the same or similar aircraft and engines owned or operated by Lessee so as the Borrower, (b) not allow the Aircraft to keep the same in as good operating condition as when originally mortgaged hereunder, ordinary wear and tear excepted, which practices shall at all times be at or above the standard of the industry in the United States for prudent maintenance of similar equipment, and (D) in such manner as may be necessary to maintain in full force all warranties of the manufacturers thereof. Company shall maintain, or shall cause Lessee to maintain, all records, logs and other materials which may be required to permit the Airframe, each Engine and each Spare Engine to be so utilized. Company will comply in all material respects with all airworthiness directives, mandatory notes or modifications or similar requirements affecting the same (including those issued by the manufacturer or supplier) in such condition so as to comply with the provisions of this Mortgage and the rules and regulations of the FAA from time to time in force and applicable to the Aircraft, Engines and Spare Engines. Neither the Airframe nor any Engine nor any Spare Engine will be maintained, used or operated in violation of any law or any rule, regulation or order of any government or governmental authority having jurisdiction (domestic or foreign)) having jurisdiction, or (c) keep the Aircraft in violation of any such condition as is necessary to enable the airworthiness certificate, license or registration relating to the Airframe or of such Engine or such Spare Engine Aircraft issued by any such authorityauthority to be maintained in good standing at all times under the Federal Aviation Act and any other applicable law or regulation, and (d) maintain all records, logs and other materials required by the FAA or any other governmental entity to be maintained in respect of the Aircraft. In the event that any such lawslaw, rulesrule, regulations regulation or orders require order requires alteration of the Airframe or any Engine or any Spare EngineAircraft, Company, at its own cost and expense, the Borrower will conform thereto or obtain conformance therewith (except as otherwise provided herein in Section 6.2(c)) and will maintain the same Aircraft in proper operating condition under such laws, rules, regulations and orders; provided, however, that Company may, in good faith (after having delivered . The Borrower also agrees not to Agent an Officer's Certificate stating the facts with respect thereto), contest the validity or application of any such law, rule, regulation or order in any reasonable manner which does not, in Agent's opinion, adversely affect the interests under this Mortgage of Agent or any Lender. Company will not operate, use operate or locate the Airframe Aircraft, or any Engine suffer the Aircraft to be operated or any Spare Engine, located: (Ii) in any area not included in which coverage under any insurance policy required to be maintained pursuant to by the terms of Section 4(g) shall not be at the time in full force and effect, or in any area excluded from coverage by an insurance policy in effect with respect to the Airframe or such Engine or such Spare Engine7.1 hereof, except in the case of a requisition for use Requisition of Use by the United States of Americagovernment or any instrumentality or agency thereof, and then only if Company the Borrower obtains insurance or an indemnity or "war risk" insurance in lieu of such insurance from the United States of America government against the risks and in the amounts amount required by said Section 7.1 hereof covering such area, areas; or (IIii) in any recognized or threatened area of hostilities hostility (including the United States of America or Canada, if either of them becomes such an area of hostility) unless fully covered covered, to Agentthe Bank's satisfaction reasonable satisfaction, by "war risk and political risk and allied perils insurance risk" insurance, or unless the Airframe or such Engine or such Spare Engine Aircraft is operated or used under contract with the Government of United States government or any instrumentality or agency thereof under which contract the United States of America under which contract that Government provides "war risk" insurance or assumes liabilities liability for any damagesdamage, loss, destruction or failure to return possession of the Airframe or such Engine or such Spare Engine Aircraft at the end of the term of such contract and or for injury to persons Persons or damage to property of others. Company shall Except as permitted by the preceding sentence, the Borrower also agrees not to use or permit the Aircraft or any Spare Engines nor suffer it to be used in any manner or for any purpose excepted from or contrary to any of insurance policy or policies required to be carried or maintained under the insurance on Security Instruments or in respect of the Aircraft or for any Spare Engines purpose or for the purpose of carriage of or any goods of any description excepted or exempted from or contrary to such insurance nor dopolicies, or to do any other act or permit anything to be donedone which could reasonably be expected to invalidate or limit any such insurance policies or which could in any way render or cause Bank's interest in the Aircraft to be in any way jeopardized, anything which, made unenforceable or admit to do anything the admission of which, may invalidate unperfected or in any of such insuranceway invalid as against Borrower or any third parties.

Appears in 2 contracts

Samples: Aircraft Loan Agreement (Hawaiian Airlines Inc/Hi), Aircraft Loan Agreement (Hawaiian Airlines Inc/Hi)

Registration, Maintenance and Operation. Company, at its own cost and expense, (i) will be a "citizen of the United States" as defined in Section 40102(15) of Title 49 of the United States Code; (ii) will cause ownership of the Aircraft and Spare Engines to be duly registered and remain duly registered in the name of Company in accordance with the Act; and (iii) will cause Lessee to service, repair, inspect, test, maintain, overhaul the Airframe and each Engine and each Spare Engine and install replacement equipment and parts on the Aircraft, each Engine Aircraft and each Spare Engine (A) so as to keep the Airframe and each Engine and each Spare Engine in such operating condition as may be required to permit the Airframe and each Engine to be utilized in commercial operations, (B) so as to enable the airworthiness certification of the Airframe to be maintained in good standing at all times under the Act, except when aircraft of the same type, model or series as the Airframe (powered by engines of the same type as those with which the Airframe shall be equipped at the time of grounding) registered in the United States have been grounded by the FAA; provided, however, that if following its issuance, the United States FAA airworthiness certificate of the Aircraft shall be withdrawn, then subject to the provisions of Section 4(f) hereof, so long as Company is diligently taking or causing to be taken all necessary action to promptly correct the condition which caused such withdrawal, no Event of Default shall arise from such withdrawal, (C) in accordance with Lessee's FAA-approved maintenance, inspection and maintenance control programs, and in the same manner and with the same care used by Lessee with respect to the same or similar aircraft and engines owned or operated by Lessee so as to keep the same in as good operating condition as when originally mortgaged hereunder, ordinary wear and tear excepted, which practices shall at all times be at or above the standard of the industry in the United States for prudent maintenance of similar equipment, and (D) in such manner as may be necessary to maintain in full force all warranties of the manufacturers thereof. Company shall maintain, or shall cause Lessee to maintain, all records, logs and other materials which may be required to permit the Airframe, each Engine Airframe and each Spare Engine to be so utilized. Company will comply in all material respects with all airworthiness directives, mandatory notes or modifications or similar requirements affecting the same (including those issued by the manufacturer or supplier) in such condition so as to comply with the provisions of this Mortgage and the rules and regulations of the FAA from time to time in force and applicable to the Aircraft, Engines Aircraft and Spare Engines. Neither the Airframe nor any Engine nor any Spare Engine will be maintained, used or operated in violation of any law or any rule, regulation or order of any government or governmental authority having jurisdiction (domestic or foreign), or in violation of any airworthiness certificate, license or registration relating to the Airframe or such Engine or such Spare Engine issued by any such authority, and in the event that such laws, rules, regulations or orders require alteration of the Airframe or any Engine or any Spare Engine, Company, at its own cost and expense, will conform thereto or obtain conformance therewith and will maintain the same in proper operating condition under such laws, rules, regulations and orders; provided, however, that Company may, in good faith (after having delivered to Agent an Officer's Certificate stating the facts with respect thereto), contest the validity or application of any such law, rule, regulation or order in any reasonable manner which does not, in Agent's opinion, adversely affect the interests under this Mortgage of Agent or any Lender. Company will not operate, use or locate the Airframe or any Engine or any Spare Engine, (I) in any area in which any insurance required to be maintained pursuant to Section 4(g) shall not be at the time in full force and effect, or in any area excluded from coverage by an insurance policy in effect with respect to the Airframe or such Engine or such Spare Engine, except in the case of a requisition for use by the United States of America, and then only if Company obtains indemnity or "war risk" insurance in lieu of such insurance from the United States of America against the risks and in the amounts required by said Section covering such area, or (II) in any recognized or threatened area of hostilities unless fully covered to Agent's satisfaction by war risk and political risk and allied perils insurance or unless the Airframe or such Engine or such Spare Engine is operated or used under un- der contract with the Government of the United States of America under which contract that Government provides "war risk" insurance or assumes liabilities for any damages, loss, destruction or failure to return possession of the Airframe or such Engine or such Spare Engine at the end of the term of such contract and for injury to persons or damage to property of others. Company shall not use the Aircraft or any Spare Engines nor suffer it to be used in any manner or for any purpose excepted from any of the insurance on or in respect of the Aircraft or any Spare Engines or for the purpose of carriage of goods of any description excepted from such insurance nor do, or permit to be done, anything which, or admit to do anything the admission of which, may invalidate any of such insurance.

Appears in 2 contracts

Samples: Security Agreement And (Atlas Air Inc), Security Agreement and Chattel Mortgage (Atlas Air Inc)

Registration, Maintenance and Operation. CompanyLessee, at its own cost and expense, shall: (i) will be a "citizen maintain the registration of the United States" as defined Airship in Section 40102(15) the name of Title 49 of Lessee in the United States Codeof America under the Act and the recordation with the FAA of this Lease and all other appropriate Operative Agreements and shall promptly produce to Lessor true copies of all applications made in relation to the Airship, of certificates of registration issued pursuant to such applications and of all notifications given pursuant to such registration, and shall not do, or permit to be done by any other Person, any act which might cause the Airship to be ineligible for such registration; (ii) will cause ownership of the Aircraft and Spare Engines to be duly registered and remain duly registered in the name of Company in accordance with the Act; and (iii) will cause Lessee to maintain, inspect, service, repair, inspectoverhaul and test (or cause to be maintained, testinspected, maintainserviced, overhaul repaired, overhauled and tested) the Airframe Airship and each Engine and each Spare Engine and install replacement equipment and all parts on the Aircraft, each Engine and each Spare Engine (A) thereof so as to keep the Airframe Airship in as good operational repair and each Engine condition as when delivered by Lessor hereunder, ordinary wear and each Spare Engine tear excepted, and airworthy in all respects, and to that end (but without limiting the generality of the foregoing) carry out all maintenance, overhauls, replacements and repairs to the Airship in accordance with an FAA-approved maintenance program for the Airship (including all basic maintenance recommended by the Supplier of the Airship or any part thereof) and in such operating condition as may be required to permit the Airframe and each Engine to be utilized in commercial operations, (B) so as necessary to enable the all applicable airworthiness certification certifications of the Airframe Airship to be maintained in good standing at all times under the Act, except when aircraft of the same type, model and make or series as the Airframe (powered by engines of the same type as those with which the Airframe shall be equipped at the time of grounding) registered in the United States have been grounded by the FAA; provided, however, that if following its issuance, the United States FAA airworthiness certificate of the Aircraft shall be withdrawn, then subject to the provisions of Section 4(f) hereof, so long as Company is diligently taking or causing cause to be taken made all necessary action to promptly correct the condition which caused such withdrawaladjustments, no Event of Default shall arise from such withdrawal, repairs and replacements thereto; (Ciii) in accordance with Lessee's FAA-approved maintenance, inspection and maintenance control programs, and in the same manner and with the same care used by Lessee with respect to the same or similar aircraft and engines owned or operated by Lessee so as to keep the same in as good operating condition as when originally mortgaged hereunder, ordinary wear and tear excepted, which practices shall at all times be at or above the standard of the industry in the United States for prudent maintenance of similar equipment, and (D) in such manner as may be necessary to maintain in full force all warranties of the manufacturers thereof. Company shall maintain, or shall cause Lessee to maintain, all records, logs and other materials material required by the FAA to be maintained in respect of the Airship and (iv) promptly furnish to Lessor such information to which Lessee has or should have reasonable access as may be required to permit the Airframe, each Engine and each Spare Engine enable Lessor to file any reports required to be so utilized. Company will comply in all material respects filed by Lessor with all airworthiness directives, mandatory notes or modifications or similar requirements affecting the same (including those issued by the manufacturer or supplier) in such condition so as to comply with the provisions of this Mortgage and the rules and regulations of the FAA from time to time in force and applicable to the Aircraft, Engines and Spare Engines. Neither the Airframe nor any Engine nor any Spare Engine will be maintained, used or operated in violation of any law or any rule, regulation or order of any government or governmental authority having jurisdiction (domestic or foreign), or because of Lessor's interest in violation of any airworthiness certificate, license or registration relating to the Airframe or such Engine or such Spare Engine issued by any such authority, and in Airship. In the event that such laws, rules, regulations or orders require alteration of Lessor receives any written notice from the Airframe or any Engine or any Spare Engine, Company, at its own cost and expense, will conform thereto or obtain conformance therewith and will maintain the same in proper operating condition under such laws, rules, regulations and orders; provided, however, that Company may, in good faith (after having delivered to Agent an Officer's Certificate stating the facts with respect thereto), contest the validity or application of any such law, rule, regulation or order in any reasonable manner which does not, in Agent's opinion, adversely affect the interests under this Mortgage of Agent or any Lender. Company will not operate, use or locate the Airframe or any Engine or any Spare Engine, (I) in any area in which any insurance required to be maintained pursuant to Section 4(g) shall not be at the time in full force and effect, or in any area excluded from coverage by an insurance policy in effect FAA with respect to the Airframe registration of the Airship, Lessor shall promptly deliver such notice to the Lessee. Lessee's maintenance program for the Airship described in this Section 10(b) shall incorporate a corrosion-prevention program providing for the continuing accomplishment of the cleaning, treating and correcting of mild, moderate and severe or such Engine or such Spare Engineexfoliated corrosion, except in which shall be revised on an on-going basis to include the case incorporation of a requisition for use the latest corrosion-prevention procedures and techniques recommended by the United States of America, and then only if Company obtains indemnity or "war risk" insurance in lieu of such insurance from the United States of America against the risks and in the amounts required by said Section covering such area, or (II) in any recognized or threatened area of hostilities unless fully covered to Agent's satisfaction by war risk and political risk and allied perils insurance or unless the Airframe or such Engine or such Spare Engine is operated or used under contract with the Government supplier of the United States of America under which contract that Government provides "war risk" insurance or assumes liabilities for any damages, loss, destruction or failure to return possession of the Airframe or such Engine or such Spare Engine at the end of the term of such contract and for injury to persons or damage to property of others. Company shall not use the Aircraft Airship or any Spare Engines nor suffer it to be used in any manner or for any purpose excepted from any of part thereof. Lessee will maintain the insurance on or in respect of Night Sign (including all maintenance recommended by the Aircraft or any Spare Engines or for the purpose of carriage of goods of any description excepted from such insurance nor do, or permit to be done, anything which, or admit to do anything the admission of which, may invalidate any of such insurance.Supplier

Appears in 1 contract

Samples: Lease Agreement (Airship International LTD)

Registration, Maintenance and Operation. Company, at its own cost and expense, (i) will be a "citizen of the United States" as defined in Section 40102(15) of Title 49 of the United States Code; (ii) will cause ownership of the Aircraft and Spare Engines to be duly registered and remain duly registered in the name of Company in accordance with the Act; and (iii) will cause Lessee to service, repair, inspect, test, maintain, overhaul the Airframe and each Engine and each Spare Engine and install replacement equipment and parts on the Aircraft, each Engine Aircraft and each Spare Engine (A) so as to keep the Airframe and each Engine and each Spare Engine in such operating condition as may be required to permit the Airframe and each Engine to be utilized in commercial operations, (B) so as to enable the airworthiness certification of the Airframe to be maintained in good standing at all times under the Act, except when aircraft of the same type, model or series as the Airframe Air-frame (powered by engines of the same type as those with which the Airframe shall be equipped at the time of grounding) registered in the United States have been grounded by the FAA; provided, however, that if following its issuance, the United States FAA airworthiness certificate of the Aircraft shall be withdrawn, then subject to the provisions of Section 4(f) hereof, so long as Company is diligently taking or causing to be taken all necessary action to promptly correct the condition which caused such withdrawal, no Event of Default shall arise from such withdrawal, (C) in accordance with Lessee's FAA-approved maintenance, inspection and maintenance control programs, and in the same manner and with the same care used by Lessee with respect to the same or similar aircraft and engines owned or operated by Lessee so as to keep the same in as good operating condition as when originally mortgaged hereunder, ordinary wear and tear excepted, which practices shall at all times be at or above the standard of the industry in the United States for prudent maintenance of similar equipment, and (D) in such manner as may be necessary to maintain in full force all warranties of the manufacturers thereof. Company shall maintain, or shall cause Lessee to maintain, all records, logs and other materials which may be required to permit the Airframe, each Engine Airframe and each Spare Engine to be so utilized. Company will comply in all material respects with all airworthiness directives, mandatory notes or modifications or similar requirements affecting the same (including those issued by the manufacturer or supplier) in such condition so as to comply with the provisions of this Mortgage and the rules and regulations of the FAA from time to time in force and applicable to the Aircraft, Engines Aircraft and Spare Engines. Neither the Airframe nor any Engine nor any Spare Engine will be maintained, used or operated in violation of any law or any rule, regulation or order of any government or governmental authority having jurisdiction (domestic or foreign), or in violation of any airworthiness certificate, license or registration relating to the Airframe or such Engine or such Spare Engine issued by any such authority, and in the event that such laws, rules, regulations or orders require alteration of the Airframe or any Engine or any Spare Engine, Company, at its own cost and expense, will conform thereto or obtain conformance therewith and will maintain the same in proper operating condition under such laws, rules, regulations and orders; provided, however, that Company may, in good faith (after having delivered to Agent an Officer's Certificate stating the facts with respect thereto), contest the validity or application of any such law, rule, regulation or order in any reasonable manner which does not, in Agent's opinion, adversely affect the interests under this Mortgage of Agent or any Lender. Company will not operate, use or locate the Airframe or any Engine or any Spare Engine, (I) in any area in which any insurance required to be maintained pursuant to Section 4(g) shall not be at the time in full force and effect, or in any area excluded from coverage by an insurance policy in effect with respect to the Airframe or such Engine or such Spare Engine, except in the case of a requisition for use by the United States of America, and then only if Company obtains indemnity or "war risk" insurance in lieu of such insurance from the United States of America against the risks and in the amounts required by said Section covering such area, or (II) in any recognized or threatened area of hostilities unless fully covered to Agent's satisfaction by war risk and political risk and allied perils insurance or unless the Airframe or such Engine or such Spare Engine is operated or used under un- der contract with the Government of the United States of America under which contract that Government provides "war risk" insurance or assumes liabilities for any damages, loss, destruction or failure to return possession of the Airframe or such Engine or such Spare Engine at the end of the term of such contract and for injury to persons or damage to property of others. Company shall not use the Aircraft or any Spare Engines nor suffer it to be used in any manner or for any purpose excepted from any of the insurance on or in respect of the Aircraft or any Spare Engines or for the purpose of carriage of goods of any description excepted from such insurance nor do, or permit to be done, anything which, or admit to do anything the admission of which, may invalidate any of such insurance.

Appears in 1 contract

Samples: Security Agreement And (Atlas Air Inc)

Registration, Maintenance and Operation. Company, at its own cost and expense, will (i) will be a "citizen of the United States" as defined in Section 40102(15) of Title 49 of the United States CodeCode and will be an air carrier certificated under Sections 401 and 604(b) of the Act and hold all necessary air carrier operating certificates; (ii) will cause ownership of the Aircraft and Spare Engines Airframe to be duly registered and remain duly registered in the name of Company in accordance with the Act; and (iii) will cause Lessee to service, repair, inspect, test, maintain, maintain and overhaul the Airframe and each Engine and each Spare Engine and install replacement equipment and parts on the Aircraft, each Engine Airframe and each Spare Engine (A) so as to keep the Airframe and each Engine and each Spare Engine in such operating condition as may be required to permit the Airframe and each Engine to be utilized in commercial operationsoperations throughout the world, (B) so as to enable the airworthiness certification of the Airframe to be maintained in good standing at all times under the Act, except when aircraft of the same type, model or series as the Airframe (powered by engines of the same type as those with which the Airframe shall be equipped at the time of grounding) registered in the United States have been grounded by the FAA; provided, however, that if following its issuance, the United States FAA airworthiness certificate of the Aircraft shall be withdrawn, then subject to the provisions of Section 4(f) hereof, so long as Company is diligently taking or causing to be taken all necessary action to promptly correct the condition which caused such withdrawal, no Event of Default shall arise from such withdrawal, (C) in accordance with LesseeCompany's FAA-approved maintenance, inspection and maintenance control programs, and in the same manner and with the same care used by Lessee Company with respect to the same or similar aircraft and 157 engines owned or operated by Lessee Company so as to keep the same in as good operating condition as when originally mortgaged hereunderhereunder or as when redelivered under the Modification Agreement, ordinary wear and tear excepted, which practices shall at all times be at or above the standard of the industry in the United States for prudent maintenance of similar equipment, and (D) in such manner as may be necessary to maintain in full force all warranties of the manufacturers thereof. Nothing herein shall be deemed to prevent Company from subjecting the Aircraft to the modification contemplated by the Modification Agreement. Company shall maintain, or shall cause Lessee to maintain, maintain all records, logs and other materials which may be required to permit the Airframe, each Engine Airframe and each Spare Engine to be so utilized. Company will comply in all material respects with all airworthiness directives, mandatory notes or modifications or similar requirements affecting the same (including those issued by the manufacturer or supplier) in such condition so as to comply with the provisions of this Mortgage and the rules and regulations of the FAA from time to time in force and applicable to the Aircraft, Engines Aircraft and Spare Engines. Neither the Airframe nor any Engine nor any Spare Engine will be maintained, used or operated in violation of any law or any rule, regulation or order of any government or governmental authority having jurisdiction (domestic or foreign), or in violation of any airworthiness certificate, license or registration relating to the Airframe or such Engine or such Spare Engine issued by any such authority, and in the event that such laws, rules, regulations or orders require alteration of the Airframe or any Engine or any Spare Engine, Company, at its own cost and expense, will conform thereto or obtain conformance therewith and will maintain the same in proper operating condition under such laws, rules, regulations and orders; , provided, however, that Company may, in good faith (after having delivered to Administrative Agent an Officer's Certificate stating the facts with respect thereto), contest the validity or application of any such law, rule, regulation or order in any reasonable manner which does not, in Administrative Agent's opinion, adversely affect the interests under this Mortgage of Administrative Agent or any Lender. Company will not operate, use or locate the Airframe or any Engine or any Spare Engine, (I) in any area in which any insurance required to be maintained pursuant to Section 4(g) shall not be at the time in full force and effect, or in any area excluded from coverage by an insurance policy in effect with respect to the Airframe or such Engine or such Spare Engine, except in the case of a requisition for use by the United States of America, and then only if Company obtains indemnity or "war risk" insurance in lieu of such insurance from the United States of America against the risks and in the amounts required by said Section covering such area, or (II) in any recognized or threatened area of hostilities unless fully covered to Administrative Agent's satisfaction by war risk and political risk and allied perils insurance or unless the Airframe or such Engine or such Spare Engine is operated or used under contract with the Government of the United States of America under which contract that Government provides "war risk" insurance or assumes liabilities for any damages, loss, destruction or failure to return possession of the Airframe or such Engine or such Spare Engine at the end of the term of such contract and for injury to persons or damage to property of others. 158 Company shall not use the Aircraft or any Spare Engines nor suffer it to be used in any manner or for any purpose excepted from any of the insurance on or in respect of the Aircraft or any Spare Engines or for the purpose of carriage of goods of any description excepted from such insurance nor do, or permit to be done, anything which, or admit to do anything the admission of which, may invalidate any of such insurance.

Appears in 1 contract

Samples: Credit Agreement (Atlas Air Inc)

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Registration, Maintenance and Operation. The Company, at its own cost and expense, (i) will be a "citizen of the United States" as defined in Section 40102(15) of Title 49 of the United States Code; (ii) will cause ownership of the Aircraft and Spare Engines to be duly registered and remain duly registered in the United States of America in the name of the Company in accordance with the Act; and (iii) will cause the Lessee to service, repair, inspect, test, maintain, overhaul the Airframe and each Engine and each Spare Engine and install replacement equipment and parts on the Aircraft, each Engine Aircraft and each Spare Engine (A) so as to keep the Airframe and each Engine and each Spare Engine in such operating condition as may be required to permit the Airframe and each Engine to be utilized in commercial operations, (B) so as to enable the airworthiness certification of the Airframe to be maintained in good standing at all times under the Act, except when aircraft of the same type, model or series as the Airframe (powered by engines of the same type as those with which the Airframe shall be equipped at the time of grounding) registered in the United States have been grounded by the FAA; provided, however, that if following its issuance, the United States FAA airworthiness certificate of the Aircraft shall be withdrawn, then subject to the provisions of Section 4(f) hereof, so long as the Company is diligently taking or causing to be taken all necessary action to promptly correct the condition which caused such withdrawal, no Event of Default shall arise from such withdrawal, (C) in accordance with the Lessee's FAA-approved maintenance, inspection and maintenance control programs, and in the same manner and with the same care used by the Lessee with respect to the same or similar aircraft and engines owned or operated by the Lessee so as to keep the same in as good operating condition as when originally mortgaged hereunder, ordinary wear and tear excepted, which practices shall at all times be at or above the standard of the industry in the United States for prudent maintenance of similar equipment, and (D) in such manner as may be necessary to maintain in full force all warranties of the manufacturers thereof. The Company shall maintain, or shall cause Lessee to maintain, all records, logs and other materials which may be required to permit the Airframe, each Engine Airframe and each Spare Engine to be so utilized. The Company will comply in all material respects with all airworthiness directives, mandatory notes or modifications or similar requirements affecting the same (including those issued by the manufacturer or supplier) in such condition so as to comply with the provisions of this Mortgage and the rules and regulations of the FAA from time to time in force and applicable to the Aircraft, Engines Aircraft and Spare Engines. Neither the Airframe nor any Engine nor any Spare Engine will be maintained, used or operated in violation of any law or any rule, regulation or order of any government or governmental authority having jurisdiction (domestic or foreign), or in violation of any airworthiness certificate, license or registration relating to the Airframe or such Engine or such Spare Engine issued by any such authority, and in the event that such laws, rules, regulations or orders require alteration of the Airframe or any Engine or any Spare Engine, the Company, at its own cost and expense, will conform thereto or obtain conformance therewith and will maintain the same in proper operating condition under such laws, rules, regulations and orders; provided, however, that the Company may, in good faith (after having delivered to the Agent an Officer's Certificate stating the facts with respect thereto), contest the validity or application of any such law, rule, regulation or order in any reasonable manner which does not, in the Agent's opinion, adversely affect the interests under this Mortgage of the Agent or any Lender. The Company will not operate, use or locate the Airframe or any Engine or any Spare Engine, (I) in any area in which any insurance required to be maintained pursuant to Section 4(g) shall not be at the time in full force and effect, or in any area excluded from coverage by an insurance policy in effect with respect to the Airframe or such Engine or such Spare Engine, except in the case of a requisition for use by the United States of America, and then only if Company obtains indemnity or "war risk" insurance in lieu of such insurance from the United States of America against the risks and in the amounts required by said Section covering such area, or (II) in any recognized or threatened area of hostilities unless fully covered to the Agent's satisfaction by war risk and political risk and allied perils insurance or unless the Airframe or such Engine or such Spare Engine is operated or used under contract with the Government of the United States of America under which contract that Government provides "war risk" insurance or assumes liabilities for any damages, loss, destruction or failure to return possession of the Airframe or such Engine or such Spare Engine at the end of the term of such contract and for injury to persons or damage to property of others. The Company shall not use the Aircraft or any Spare Engines nor suffer it to be used in any manner or for any purpose excepted from any of the insurance on or in respect of the Aircraft or any Spare Engines or for the purpose of carriage of goods of any description excepted from such insurance nor do, or permit to be done, anything which, or admit to do anything the admission of which, may invalidate any of such insurance.

Appears in 1 contract

Samples: Aircraft Chattel Mortgage (Atlas Air Inc)

Registration, Maintenance and Operation. The Company, at its own cost and expense, (i) will be a "citizen of the United States" as defined in Section 40102(15) of Title 49 of the United States Code; (ii) will cause ownership of the Aircraft and Spare Engines to be duly registered and remain duly registered in the United States of America in the name of the Company in accordance with the Act; and (iii) will cause the Lessee to service, repair, inspect, test, maintain, overhaul the Airframe and each Engine and each Spare Engine and install replacement equipment and parts on the Aircraft, each Engine and each Spare Engine (A) so as to keep the Airframe and each Engine and each Spare Engine in such operating condition as may be required to permit the Airframe and each Engine to be utilized in commercial operations, (B) so as to enable the airworthiness certification of the Airframe Engines to be maintained in good standing at all times under the Act, except when aircraft engines of the same type, model or series as the Airframe (powered by engines of the same type as those with which the Airframe shall be equipped at the time of grounding) Engines registered in the United States have been grounded by the FAA; provided, however, that if following its issuance, the United States FAA airworthiness certificate of the Aircraft any Engine shall be withdrawn, then subject to the provisions of Section 4(f) hereof, so long as the Company is diligently taking or causing to be taken all necessary action to promptly correct the condition which caused such withdrawal, no Event of Default shall arise from such withdrawal, (C) in accordance with the Lessee's FAA-approved maintenance, inspection and maintenance control programs, and in the same manner and with the same care used by the Lessee with respect to the same or similar aircraft and engines owned or operated by the Lessee so as to keep the same in as good operating condition as when originally mortgaged hereunder, ordinary wear and tear excepted, which practices shall at all times be at or above the standard of the industry in the United States for prudent maintenance of similar equipment, and (D) in such manner as may be necessary to maintain in full force all warranties of the manufacturers thereof. The Company shall maintain, or shall cause Lessee to maintain, all records, logs and other materials which may be required to permit the Airframe, each Engine and each Spare Engine to be so utilized. The Company will comply in all material respects with all airworthiness directives, mandatory notes or modifications or similar requirements affecting the same (including those issued by the manufacturer or supplier) in such condition so as to comply with the provisions of this Mortgage and the rules and regulations of the FAA from time to time in force and applicable to the Aircraft, Engines and Spare Engines. Neither the Airframe nor any Engine nor any Spare No Engine will be maintained, used or operated in violation of any law or any rule, regulation or order of any government or governmental authority having jurisdiction (domestic or foreign), or in violation of any airworthiness certificate, license or registration relating to the Airframe or such Engine or such Spare Engine issued by any such authority, and in the event that such laws, rules, regulations or orders require alteration of the Airframe or any Engine or any Spare Engine, the Company, at its own cost and expense, will conform thereto or obtain conformance therewith and will maintain the same in proper operating condition under such laws, rules, regulations and orders; provided, however, that the Company may, in good faith (after having delivered to the Agent an Officer's Certificate stating the facts with respect thereto), contest the validity or application of any such law, rule, regulation or order in any reasonable manner which does not, in the Agent's opinion, adversely affect the interests under this Mortgage of the Agent or any Lender. The Company will not operate, use or locate the Airframe or any Engine or any Spare Engine, (I) in any area in which any insurance required to be maintained pursuant to Section 4(g) shall not be at the time in full force and effect, or in any area excluded from coverage by an insurance policy in effect with respect to the Airframe or any such Engine or such Spare Engine, except in the case of a requisition for use by the United States of America, and then only if Company obtains indemnity or "war risk" insurance in lieu of such insurance from the United States of America against the risks and in the amounts required by said Section covering such area, or (II) in any recognized or threatened area of hostilities unless fully covered to the Agent's satisfaction by war risk and political risk and allied perils insurance or unless the Airframe or any such Engine or such Spare Engine is operated or used under contract with the Government of the United States of America under which contract that Government provides "war risk" insurance or assumes liabilities for any damages, loss, destruction or failure to return possession of the Airframe or any such Engine or such Spare Engine at the end of the term of such contract and for injury to persons or damage to property of others. The Company shall not use the Aircraft or any Spare Engines Engine nor suffer it to be used in any manner or for any purpose excepted from any of the insurance on or in respect of the Aircraft or any Spare Engines such Engine or for the purpose of carriage of goods of any description excepted from such insurance nor do, or permit to be done, anything which, or admit to do anything the admission of which, may invalidate any of such insurance.

Appears in 1 contract

Samples: Security Agreement (Atlas Air Inc)

Registration, Maintenance and Operation. Company, at its own cost and expense, will (i) will be a "citizen of the United States" as defined in Section 40102(15) of Title 49 of the United States CodeCode and will be an air carrier certificated under Sections 401 and 604(b) of the Act and hold all necessary air carrier operating certificates; (ii) will cause ownership of the Aircraft and Spare Engines Airframe to be duly registered and remain duly registered in the name of Company in accordance with the Act; and (iii) will cause Lessee to service, repair, inspect, test, maintain, maintain and overhaul the Airframe and each Engine and each Spare Engine and install replacement equipment and parts on the Aircraft, each Engine Airframe and each Spare Engine (A) so as to keep the Airframe and each Engine and each Spare Engine in such operating condition as may be required to permit the Airframe and each Engine to be utilized in commercial operationsoperations throughout the world, (B) so as to enable the airworthiness certification of the Airframe to be maintained in good standing at all times under the Act, except when aircraft of the same type, model or series as the Airframe (powered by engines of the same type as those with which the Airframe shall be equipped at the time of grounding) registered in the United States have been grounded by the FAA; provided, however, that if following its issuance, the United States FAA airworthiness certificate of the Aircraft shall be withdrawn, then subject to the provisions of Section 4(f) hereof, so long as Company is diligently taking or causing to be taken all necessary action to promptly correct the condition which caused such withdrawal, no Event of Default shall arise from such withdrawal, (C) in accordance with LesseeCompany's FAA-approved maintenancemainte- 194 nancx, inspection xxspection and maintenance control programs, and in the same manner and with the same care used by Lessee Company with respect to the same or similar aircraft and engines owned or operated by Lessee Company so as to keep the same in as good operating condition as when originally mortgaged hereunderhereunder or as when redelivered under the Modification Agreement, ordinary wear and tear excepted, which practices shall at all times be at or above the standard of the industry in the United States for prudent maintenance of similar equipment, and (D) in such manner as may be necessary to maintain in full force all warranties of the manufacturers thereof. Nothing herein shall be deemed to prevent Company from subjecting the Aircraft to the modification contemplated by the Modification Agreement. Company shall maintain, or shall cause Lessee to maintain, maintain all records, logs and other materials which may be required to permit the Airframe, each Engine Airframe and each Spare Engine to be so utilized. Company will comply in all material respects with all airworthiness directives, mandatory notes or modifications or similar requirements affecting the same (including those issued by the manufacturer or supplier) in such condition so as to comply with the provisions of this Mortgage and the rules and regulations of the FAA from time to time in force and applicable to the Aircraft, Engines Aircraft and Spare Engines. Neither the Airframe nor any Engine nor any Spare Engine will be maintained, used or operated in violation of any law or any rule, regulation or order of any government or governmental authority having jurisdiction (domestic or foreign), or in violation of any airworthiness certificate, license or registration relating to the Airframe or such Engine or such Spare Engine issued by any such authority, and in the event that such laws, rules, regulations or orders require alteration of the Airframe or any Engine or any Spare Engine, Company, at its own cost and expense, will conform thereto or obtain conformance therewith and will maintain the same in proper operating condition under such laws, rules, regulations and orders; , provided, however, that Company may, in good faith (after having delivered to Administrative Agent an Officer's Certificate stating the facts with respect thereto), contest the validity or application of any such law, rule, regulation or order in any reasonable manner which does not, in Administrative Agent's opinion, adversely affect the interests under this Mortgage of Administrative Agent or any Lender. Company will not operate, use or locate the Airframe or any Engine or any Spare Engine, (I) in any area in which any insurance required to be maintained pursuant to Section 4(g) shall not be at the time in full force and effect, or in any area excluded from coverage by an insurance policy in effect with respect to the Airframe or such Engine or such Spare Engine, except in the case of a requisition for use by the United States of America, and then only if Company obtains indemnity or "war risk" insurance in lieu of such insurance from the United States of America against the risks and in the amounts required by said Section covering such area, or (II) in any recognized or threatened area of hostilities unless fully covered to Administrative Agent's satisfaction by war risk and political risk and allied perils insurance or unless the Airframe or such Engine or such Spare Engine is operated or used under contract with the Government of the United States of America under which contract that Government provides "war risk" insurance or assumes liabilities for any damages, loss, destruction or failure to return possession of the Airframe or such Engine or such Spare Engine at the end of the term of such contract and for injury to persons or damage to property of others. Company shall not use the Aircraft or any Spare Engines nor suffer it to be used in any manner or for any purpose excepted from any of the insurance on or in respect of the Aircraft or any Spare Engines or for the purpose of carriage of goods of any description excepted from such insurance nor do, or permit to be done, anything which, or admit to do anything the admission of which, may invalidate any of such insurance.

Appears in 1 contract

Samples: Credit Agreement (Atlas Air Inc)

Registration, Maintenance and Operation. Company, at its own cost and expense, (i) will be a "citizen of the United States" as defined in Section 40102(15) of Title 49 of the United States Code; (ii) will cause ownership of the Aircraft and Spare Engines to be duly registered and remain duly registered in the name of Company in accordance with the Act; and (iii) will cause Lessee to service, repair, inspect, test, maintain, overhaul the Airframe and each Engine and each Spare Engine and install replacement equipment and parts on the Aircraft, each Engine and each Spare Engine (A) so as to keep the Airframe and each Engine and each Spare Engine in such operating condition as may be required to permit the Airframe and each Engine to be utilized in commercial operations, (B) so as to enable the airworthiness certification of the Airframe to be maintained in good standing at all times under the Act, except when aircraft of the same type, model or series as the Airframe (powered by engines of the same type as those with which the Airframe shall be equipped at the time of grounding) registered in the United States have been grounded by the FAA; provided, however, that if following its issuance, the United States FAA airworthiness certificate of the Aircraft shall be withdrawn, then subject to the provisions of Section 4(f) hereof, so long as Company is diligently taking or causing to be taken all necessary action to promptly correct the condition which caused such withdrawal, no Event of Default shall arise from such withdrawal, (C) in accordance with Lessee's FAA-approved maintenance, inspection and maintenance control programs, and in the same manner and with the same care used by Lessee with respect to the same or similar aircraft and engines owned or operated by Lessee so as to keep the same in as good operating condition as when originally mortgaged hereunder, ordinary wear and tear excepted, which practices shall at all times be at or above the standard of the industry in the United States for prudent maintenance of similar equipment, and (D) in such manner as may be necessary to maintain in full force all warranties of the manufacturers thereof. Company shall maintain, or shall cause Lessee to maintain, all records, logs and other materials which may be required to permit the Airframe, each Engine and each Spare Engine to be so utilized. Company will comply in all material respects with all airworthiness directives, mandatory notes or modifications or similar requirements affecting the same (including those issued by the manufacturer or supplier) in such condition so as to comply with the provisions of this Mortgage and the rules and regulations of the FAA from time to time in force and applicable to the Aircraft, Engines and Spare Engines. Neither the Airframe nor any Engine nor any Spare Engine will be maintained, used or operated in violation of any law or any rule, regulation or order of any government or governmental authority having jurisdiction (domestic or foreign), or in violation of any airworthiness certificate, license or registration relating to the Airframe or such Engine or such Spare Engine issued by any such authority, and in the event that such laws, rules, regulations or orders require alteration of the Airframe or any Engine or any Spare Engine, Company, at its own cost and expense, will conform thereto or obtain conformance therewith and will maintain the same in proper operating condition under such laws, rules, regulations and orders; provided, however, that Company may, in good faith (after having delivered to Agent an Officer's Certificate stating the facts with respect thereto), contest the validity or application of any such law, rule, regulation or order in any reasonable manner which does not, in Agent's opinion, adversely affect the interests under this Mortgage of Agent or any Lender. Company will not operate, use or locate the Airframe or any Engine or any Spare Engine, (I) in any area in which any insurance required to be maintained pursuant to Section 4(g) shall not be at the time in full force and effect, or in any area excluded from coverage by an insurance policy in effect with respect to the Airframe or such Engine or such Spare Engine, except in the case of a requisition for use by the United States of America, and then only if Company obtains indemnity or "war risk" insurance in lieu of such insurance from the United States of America against the risks and in the amounts required by said Section covering such area, or (II) in any recognized or threatened area of hostilities unless fully covered to Agent's satisfaction by war risk and political risk and allied perils insurance or unless the Airframe or such Engine or such Spare Engine is operated or used under contract with the Government of the United States of America under which contract that Government provides "war risk" insurance or assumes liabilities for any damages, loss, destruction or failure to return possession of the Airframe or such Engine or such Spare Engine at the end of the term of such contract and for injury to persons or damage to property of others. Company shall not use the Aircraft or any Spare Engines nor suffer it to be used in any manner or for any purpose excepted from any of the insurance on or in respect of the Aircraft or any Spare Engines or for the purpose of carriage of goods of any description excepted from such insurance nor do, or permit to be done, anything which, or admit to do anything the admission of which, may invalidate any of such insurance.

Appears in 1 contract

Samples: Security Agreement and Chattel Mortgage (Atlas Air Inc)

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