Common use of Replacement and Pooling of Parts Alterations Modifications and Additions Clause in Contracts

Replacement and Pooling of Parts Alterations Modifications and Additions. (a) Except as otherwise provided in Section 11(d), Lessee, at its own cost and expense, will promptly replace all Parts, which may from time to time be incorporated or installed in or attached to the Airframe or any Engine and which may from time to time become worn out, lost, stolen, destroyed, seized, confiscated, damaged beyond repair or permanently rendered unfit for use for any reason whatsoever. In addition, in the ordinary course of maintenance, service, repair or testing, Lessee at its own cost and expense may remove any Parts, whether or not worn out, lost, stolen, destroyed, seized, confiscated, damaged beyond repair or permanently rendered unfit for use, provided that, except as otherwise provided in Section 11(d), Lessee at its own cost and expense shall replace such Parts as promptly as practicable. All replacement Parts shall be owned by Lessor free and clear of all Liens (except Permitted Encumbrances and for pooling arrangements to the extent permitted by Section 11(b)), and shall be in as good operating condition as, and shall have a value and utility at least equal to, the Parts replaced assuming such parts were in the condition and repair required to be maintained by the terms hereof. All Parts at any time removed from the Airframe or any Engine shall remain the property of Lessor and shall remain subject to the lien and security interest of the Aircraft Chattel Mortgage, no matter where located, until such time as such Parts shall be replaced by parts which have been incorporated or installed in or attached to the Airframe or any Engine and which meet the requirements for replacement parts specified above. Immediately upon any replacement Part becoming incorporated or installed in or attached to the Airframe or any Engine as above provided, without further act, (A) title to such replacement Part shall vest in and such replacement part shall become the property of Lessor and shall become subject to this Lease and the lien and security interest of the Aircraft Chattel Mortgage and shall be deemed part of the Airframe or such Engine for all purposes hereof to the same extent as the property originally comprising, or installed on, such Airframe or such Engine, and (B) title to the replaced part shall no longer be the property of Lessor and shall thereupon become free and clear of all rights of Lessor hereunder and all rights derivative of Lessor's and shall no longer be deemed a Part hereunder.

Appears in 5 contracts

Samples: Lease Agreement (Atlas Air Inc), Lease Agreement (Atlas Air Inc), Lease Agreement (Atlas Air Inc)

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Replacement and Pooling of Parts Alterations Modifications and Additions. (ai) Except as otherwise provided in Section 11(d4(e)(iv), LesseeCompany, at its own cost and expense, will promptly replace all Parts, which may from time to time be incorporated or installed in or attached to the Airframe or any Engine and which may from time to time become worn out, lost, stolen, destroyed, seized, confiscated, damaged beyond repair or permanently rendered unfit for use for any reason whatsoever. In addition, in the ordinary course of maintenance, service, repair or testing, Lessee Company at its own cost and expense may remove any Parts, whether or not worn out, lost, stolen, destroyed, seized, confiscated, damaged beyond repair or permanently rendered unfit for use, provided that, except as otherwise provided in Section 11(d4(e)(iv), Lessee Company at its own cost and expense shall replace such Parts as promptly as practicable. All replacement Parts shall be owned by Lessor Company free and clear of all Liens (except Permitted Encumbrances and the Lease, and for pooling arrangements to the extent permitted by Section 11(b4(e)(ii)), and shall be in as good operating condition as, and shall have a value and utility at least equal to, the Parts replaced assuming such parts property were in the condition and repair required to be maintained by the terms hereof. All Parts at any time removed from the Airframe or any Engine shall remain the property of Lessor Company and shall remain subject to the lien and security interest of the Aircraft Chattel this Mortgage, no matter where located, located until such time as such Parts shall be replaced by parts which have been incorporated or installed in or attached to the Airframe or any Engine and which meet the requirements for replacement parts specified above. Immediately upon any replacement Part becoming incorporated or installed in or attached to the Airframe or any Engine as above provided, without further act, (A) title to such replacement Part shall vest in and such replacement part shall become the property of Lessor Company and shall become subject to this Lease and the lien and security interest of the Aircraft Chattel this Mortgage and shall be deemed part of the Airframe or such Engine for all purposes hereof to the same extent as the property originally comprising, or installed on, such Airframe or such Engine, and (B) title to the replaced part shall no longer be the property of Lessor Company and shall thereupon become free and clear of all rights of Lessor Agent hereunder and all rights derivative of Lessor's and shall no longer be deemed a Part hereunder.

Appears in 4 contracts

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

Replacement and Pooling of Parts Alterations Modifications and Additions. (a) Except as otherwise provided in Section 11(d), Lessee, at its own cost and expense, will promptly replace all Parts, which may from time to time be incorporated or installed in or attached to the Airframe or any Engine or any Spare Engine and which may from time to time become worn out, lost, stolen, destroyed, seized, confiscated, damaged beyond repair or permanently rendered unfit for use for any reason whatsoever. In addition, in the ordinary course of maintenance, service, repair or testing, Lessee at its own cost and expense may remove any Parts, whether or not worn out, lost, stolen, destroyed, seized, confiscated, damaged beyond repair or permanently rendered unfit for use, provided that, except as otherwise provided in Section 11(d), Lessee at its own cost and expense shall replace such Parts as promptly as practicable. All replacement Parts shall be owned by Lessor free and clear of all Liens (except Permitted Encumbrances and for pooling arrangements to the extent permitted by Section 11(b)), and shall be in as good operating condition as, and shall have a value and utility at least equal to, the Parts replaced assuming such parts were in the condition and repair required to be maintained by the terms hereof. All Parts at any time removed from the Airframe or any Engine or any Spare Engine shall remain the property of Lessor and shall remain subject to the lien and security interest of the Aircraft Chattel Mortgage, no matter where located, until such time as such Parts shall be replaced by parts which have been incorporated or installed in or attached to the Airframe or any Engine or any Spare Engine and which meet the requirements for replacement parts specified above. Immediately upon any replacement Part becoming incorporated or installed in or attached to the Airframe or any Engine or any Spare Engine as above provided, without further act, (A) title to such replacement Part shall vest in and such replacement part shall become the property of Lessor and shall become subject to this Lease and the lien and security interest of the Aircraft Chattel Mortgage and shall be deemed part of the Airframe or such Engine or Spare Engine for all purposes hereof to the same extent as the property originally comprising, or installed on, such Airframe or such Engine or Spare Engine, and (B) title to the replaced part shall no longer be the property of Lessor and shall thereupon become free and clear of all rights of Lessor hereunder and all rights derivative of Lessor's and shall no longer be deemed a Part hereunder.

Appears in 3 contracts

Samples: Lease Agreement (Atlas Air Inc), Lease Agreement (Atlas Air Inc), Lease Agreement (Atlas Air Inc)

Replacement and Pooling of Parts Alterations Modifications and Additions. (a) Except as otherwise provided in Section 11(d), the Lessee, at its own cost and expense, will promptly replace all Parts, which may from time to time be incorporated or installed in or attached to the Airframe or any Engine and which may from time to time become worn out, lost, stolen, destroyed, seized, confiscated, damaged beyond repair or permanently rendered unfit for use for any reason whatsoever. In addition, in the ordinary course of maintenance, service, repair or testing, the Lessee at its own cost and expense may remove any Parts, whether or not worn out, lost, stolen, destroyed, seized, confiscated, damaged beyond repair or permanently rendered unfit for use; provided, provided that, except as otherwise provided in Section 11(d), the Lessee at its own cost and expense shall replace such Parts as promptly as practicable. All replacement Parts shall be owned by the Lessor free and clear of all Liens (except Permitted Encumbrances and for pooling arrangements to the extent permitted by Section 11(b)), and shall be in as good operating condition as, and shall have a value and utility at least equal to, the Parts replaced replaced, assuming that such parts were in the condition and repair required to be maintained by the terms hereof. All Parts at any time removed from the Airframe or any Engine shall remain the property of the Lessor and shall remain subject to the lien and security interest of the Aircraft Chattel Mortgage, no matter where located, until such time as such Parts shall be replaced by parts which that have been incorporated or installed in or attached to the Airframe or any Engine and which that meet the requirements for replacement parts specified above. Immediately upon any replacement Part becoming incorporated or installed in or attached to the Airframe or any Engine as above provided, without further act, (A) title to such replacement Part shall vest in and such replacement part shall become the property of the Lessor and shall become subject to this Lease and the lien and security interest of the Aircraft Chattel Mortgage and shall be deemed part of the Airframe or such Engine for all purposes hereof to the same extent as the property originally comprising, or installed on, such Airframe or such Engine, and (B) title to the replaced part shall no longer be the property of the Lessor and shall thereupon become free and clear of all rights of the Lessor hereunder and all rights derivative of the Lessor's and shall no longer be deemed a Part hereunder.

Appears in 2 contracts

Samples: Lease Agreement (Atlas Air Inc), Lease Agreement (Atlas Air Worldwide Holdings Inc)

Replacement and Pooling of Parts Alterations Modifications and Additions. (ai) Except as otherwise provided in Section 11(d4(e)(iv), Lesseethe Company, at its own cost and expense, will promptly replace all Parts, which that may from time to time be incorporated or installed in or attached to the Airframe or any Engine and which that may from time to time become worn out, lost, stolen, destroyed, seized, confiscated, damaged beyond repair or permanently rendered unfit for use for any reason whatsoever. In addition, in the ordinary course of maintenance, service, repair or testing, Lessee the Company at its own cost and expense may remove any Parts, whether or not worn out, lost, stolen, destroyed, seized, confiscated, damaged beyond repair or permanently rendered unfit for use; provided, provided that, except as otherwise provided in Section 11(d4(e)(iv), Lessee the Company at its own cost and expense shall replace such Parts as promptly as practicable. All replacement Parts shall be owned by Lessor the Company free and clear of all Liens (except Permitted Encumbrances and the Lease, and for pooling arrangements to the extent permitted by Section 11(b4(e)(ii)), and shall be in as good operating condition as, and shall have a value and utility at least equal to, the Parts replaced assuming such parts property were in the condition and repair required to be maintained by the terms hereof. All Parts at any time removed from the Airframe or any Engine shall remain the property of Lessor the Company and shall remain subject to the lien and security interest of the Aircraft Chattel this Mortgage, no matter where located, located until such time as such Parts shall be replaced by parts which that have been incorporated or installed in or attached to the Airframe or any Engine and which meet the requirements for replacement parts specified above. Immediately upon any replacement Part becoming incorporated or installed in or attached to the Airframe or any Engine as above provided, without further act, (A) title to such replacement Part shall vest in and such replacement part shall become the property of Lessor the Company and shall become subject to this Lease and the lien and security interest of the Aircraft Chattel this Mortgage and shall be deemed part of the Airframe or such Engine for all purposes hereof to the same extent as the property originally comprising, or installed on, such Airframe or such Engine, and (B) title to the replaced part shall no longer be the property of Lessor the Company and shall thereupon become free and clear of all rights of Lessor the Agent hereunder and all rights derivative of Lessor's and shall no longer be deemed a Part hereunder.

Appears in 1 contract

Samples: Security Agreement (Atlas Air Inc)

Replacement and Pooling of Parts Alterations Modifications and Additions. (a) Except as otherwise provided in Section 11(d), LesseeReplacement of Parts. Grantors, at its their own cost and expense, will promptly replace or cause to be replaced all Parts, which may from time to time be incorporated or installed in or attached to the Airframe or any Engine and Parts which may from time to time become worn out, lost, stolen, destroyed, seized, confiscated, damaged beyond repair or permanently rendered unfit for use for any reason whatsoever, except as otherwise provided in Section 2.02(c). In addition, a Grantor (or any Permitted Lessee) may remove in the ordinary course of maintenance, service, repair repair, overhaul or testing, Lessee at its own cost and expense may remove any PartsPart, whether or not worn out, lost, stolen, destroyed, seized, confiscated, damaged beyond repair or rendered permanently rendered unfit for use, ; provided thatthat such Grantor (or any Permitted Lessee), except as otherwise provided in Section 11(d2.02(c), Lessee at its own cost and expense shall replace replaces such Parts Part as promptly as practicable. All replacement Parts shall be owned by Lessor a Grantor free and clear of all Liens (except Permitted Encumbrances and for Collateral Liens, pooling arrangements to the extent permitted by Section 11(b)), 2.02(b) hereof and replacement parts temporarily installed on an emergency basis) and shall be in as good operating condition as, and shall have a value and utility at least equal to, the Parts replaced assuming such parts were in the condition and repair required to be maintained by the terms hereof. All Parts at any time removed from the Airframe any Airframe, Engine or any Spare Engine shall remain the property of Lessor a Grantor and shall remain subject to the lien and security interest Lien of the Aircraft Chattel this Mortgage, no matter where located, until such time as such Parts shall be replaced by parts which have been incorporated or installed in or attached to the Airframe or any Engine and Parts which meet the requirements for replacement parts Parts specified aboveherein. Immediately upon any replacement Part becoming incorporated or installed in or attached to the Airframe applicable Airframe, Engine or any Engine as above providedSpare Engine, without further actact (subject only to Permitted Collateral Liens and any pooling arrangement permitted by Section 2.02(b) hereof and except replacement parts temporarily installed on an emergency basis), (A) title to such replacement Part shall vest in and such replacement part shall become the property of Lessor a Grantor and shall become subject to the Lien of this Lease and the lien and security interest of the Aircraft Chattel Mortgage and shall be deemed part of the Airframe or such Engine a Part for all purposes hereof to the same extent as the property Parts originally comprising, incorporated or installed onin or attached to such Airframe, such Airframe Engine or such Engine, Spare Engine and (B) title to the replaced part Part shall no longer be the property of Lessor and shall thereupon become free and clear of all rights of Lessor the Administrative Agent hereunder and all rights derivative of Lessor's and shall no longer be deemed a Part [Aircraft, Spare Engines and Spare Parts Mortgage and Security Agreement] hereunder. Upon request of a Grantor from time to time, the Administrative Agent shall execute and deliver to such Grantor an appropriate instrument confirming the release of any such replaced Part from the Lien of this Mortgage.

Appears in 1 contract

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

Replacement and Pooling of Parts Alterations Modifications and Additions. (a) Except as otherwise provided in Section 11(d), REPLACEMENT OF PARTS. Lessee, at its own cost and expense, will promptly replace or cause to be replaced all Parts, Parts which may from time to time be incorporated or installed in or attached to the Airframe or any Engine and which may from time to time become worn out, lost, stolen, destroyed, seized, confiscated, damaged beyond repair or permanently rendered unfit for use for any reason whatsoever, except as otherwise provided in paragraph (c) of this Section 8 or if the Airframe or an Engine to which a Part relates has suffered an Event of Loss. In addition, Lessee (or any Sublessee) may, at its own cost and expense, remove in the ordinary course of maintenance, service, repair repair, overhaul or testing, Lessee at its own cost and expense may remove any Parts, whether or not worn out, lost, stolen, destroyed, seized, confiscated, damaged beyond repair or permanently rendered unfit for use, provided thatPROVIDED that Lessee (or any Sublessee), except as otherwise provided in paragraph (c) of this Section 11(d)8, Lessee will, at its own cost and expense shall expense, replace such Parts as promptly as practicable. All replacement Parts shall be owned by Lessor free and clear of all Liens (except for Permitted Encumbrances Liens and for pooling arrangements to the extent permitted by paragraph (b) of this Section 11(b)), 8 and except in the case of replacement property temporarily installed on an emergency basis) and shall be in as good operating condition as, and shall have a value and utility at least equal to, the Parts replaced assuming such parts replaced Parts were in the condition and repair required to be maintained by the terms hereof. All Except as otherwise provided in paragraph (c) of this Section 8, all Parts at any time removed from the Airframe or any Engine shall remain the property of Lessor and shall remain subject to the lien and security interest of the Aircraft Chattel MortgageLessor, no matter where located, until such time as such Parts shall be replaced by parts Parts which have been incorporated or installed in or attached to the Airframe or any such Engine and which meet the requirements for replacement parts Parts specified above. Immediately upon any replacement Part part becoming incorporated or installed in or attached to the Airframe or any Engine as above provided, without further actact (subject only to Permitted Liens and any pooling arrangement to the extent permitted by paragraph (b) of this Section 8 and except in the case of replacement property temporarily installed on an emergency basis), (Ai) title to such replacement Part shall thereupon vest in and Lessor, (ii) such replacement part shall become the property of Lessor and Part shall become subject to this Lease and the lien and security interest of the Aircraft Chattel Mortgage and shall be deemed part of the Airframe or such Engine for all purposes hereof to the same extent as the property Parts originally comprising, incorporated or installed on, such in or attached to the Airframe or such Engine, and (Biii) title to the replaced part shall no longer be the property of Lessor and Part shall thereupon become vest in Lessee (or, if a Sublease is then in effect, any Sublessee), free and clear of all rights of Lessor hereunder and all rights derivative of Lessor's , and shall no longer be deemed a Part hereunder.

Appears in 1 contract

Samples: Lease Agreement (Northwest Airlines Corp)

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Replacement and Pooling of Parts Alterations Modifications and Additions. (ai) Except as otherwise provided in Section 11(d4(e)(iv), Lesseethe Company, at its own cost and expense, will promptly replace all Parts, which that may from time to time be incorporated or installed in or attached to the Airframe or any Engine and which that may from time to time become worn out, lost, stolen, destroyed, seized, confiscated, damaged beyond repair or permanently rendered unfit for use for any reason whatsoever. In addition, in the ordinary course of maintenance, service, repair or testing, Lessee the Company at its own cost and expense may remove any Parts, whether or not worn out, lost, stolen, destroyed, seized, confiscated, damaged beyond repair or permanently rendered unfit for use; provided, provided that, except as otherwise provided in Section 11(d4(e)(iv), Lessee the Company at its own cost and expense shall replace such Parts as promptly as practicable. All replacement Parts shall be owned by Lessor the Company free and clear of all Liens (except Permitted Encumbrances and the Lease, and for pooling arrangements to the extent permitted by Section 11(b4(e)(ii)), and shall be in as good operating condition as, and shall have a value and utility at least equal to, the Parts replaced assuming such parts property were in the condition and repair required to be maintained by the terms hereof. All Parts at any time removed from the Airframe or any Engine shall remain the property of Lessor the Company and shall remain subject to the lien and security interest of the Aircraft Chattel this Mortgage, no matter where located, located until such time as such Parts shall be replaced by parts which that have been incorporated or installed in or attached to the Airframe or any Engine and which meet the requirements for replacement parts specified above. Immediately upon any replacement Part becoming incorporated or installed in or attached to the Airframe or any Engine as above provided, without further act, (A) title to such replacement Part shall vest in and such replacement part shall become the property of Lessor the Company and shall become subject to this Lease and the lien and security interest of the Aircraft Chattel this Mortgage and shall be deemed part of the Airframe or such Engine for all purposes hereof to the same extent as the property originally comprising, or installed on, such Airframe or such Engine, and (B) title to the replaced part shall no longer be the property of Lessor the Company and shall thereupon become free and clear of all rights of Lessor the Agent hereunder and all rights derivative of Lessor's and shall no longer be deemed a Part hereunder.

Appears in 1 contract

Samples: Aircraft Chattel Mortgage (Atlas Air Inc)

Replacement and Pooling of Parts Alterations Modifications and Additions. (a) Except as otherwise provided in Section 11(d), REPLACEMENT OF PARTS. Lessee, at its own cost and expense, will promptly replace all Parts, which may from time to time be incorporated or installed in or attached to the Airframe or any Engine and Parts which may from time to time become worn outunserviceable, lost, stolen, destroyed, seized, confiscated, damaged beyond repair or permanently rendered unfit for use for any reason whatsoever. In addition, in the ordinary course of maintenance, service, repair repair, overhaul or testing, Lessee may at its own cost and expense may remove any Parts, whether or not worn outunserviceable, lost, stolen, destroyed, seized, confiscated, damaged beyond repair or permanently rendered unfit for use, provided that, except as otherwise provided in Section 11(d), that Lessee at its own cost and expense shall replace such Parts as promptly as practicablepracticable and in any event within sixty (60) days after removal. All replacement Parts parts shall be owned by Lessor free and clear of all Liens (except Permitted Encumbrances and for pooling arrangements to the extent permitted by Section 11(b)), and shall be in as good operating condition as, and shall have a value value, utility, modification status and utility useful life at least equal to, the Parts replaced replaced, assuming such parts replaced Parts were in the condition and repair and had the value, utility, modification status and useful life required to be maintained by the terms hereof. Additionally, all replacement parts shall have a current valid "serviceable tag" of the manufacturer or maintenance repair facility providing such parts to Lessee, identifying the manufacturer, vendor, part number, make, model and serial number, as well as the accumulated hours or cycles and whether such parts are new, serviceable or overhauled. No replacement part shall have less hours and cycles remaining thereon until refurbishment or replacement than the Part to be replaced. Lessee may temporarily replace any Part that has become unserviceable, lost, stolen, destroyed, seized, confiscated, damaged beyond repair or permanently rendered unfit for use with a part that does not meet the requirements of this paragraph if a complying part cannot be obtained within the available ground time of the Aircraft, provided the original Part is re-installed or the non-complying part is removed and replaced by a complying part as soon as practicable and in any event within 60 days or, if earlier, on the expiration or earlier termination of the Term. Except as provided in the preceding sentence, Lessee shall ensure that no part that is a life-limited part shall be installed on the Airframe or any Engine after the Delivery Date unless such part is new or Lessee has complete certified, back-to-birth records. All Parts at any time removed from the Aircraft, Airframe or any Engine shall remain the property of Lessor and shall remain subject to the lien and security interest of the Aircraft Chattel MortgageLessor, no matter where located, until such time as such Parts shall be replaced by parts which have been paid for by Lessee and incorporated or installed in or attached to the Aircraft, Airframe or any such Engine and which meet in compliance with the requirements for replacement parts specified aboveherein. Immediately upon any replacement Part part becoming incorporated or installed in or attached to the Aircraft, Airframe or any an Engine as above provided, without further act, : (Ai) title to such replacement Part part shall thereupon vest in and Lessor, (ii) such replacement part shall become the property of Lessor and shall become subject to this Lease and the lien and security interest of the Aircraft Chattel Mortgage and shall be deemed part of the Aircraft, Airframe or such Engine Engine, as the case may be, for all purposes hereof to the same extent as the property Part originally comprising, incorporated or installed onin or attached to the Aircraft, such Airframe or such Engine, and (Biii) title to the replaced part shall no longer be the property of Lessor and removed Part shall thereupon become vest in Lessee, free and clear of all rights of Lessor hereunder and all rights derivative of Lessor's the Participants (and persons lawfully claiming through Lessor or the Participants), and shall no longer be deemed a Part hereunder.

Appears in 1 contract

Samples: Lease Agreement (Turn Works Acquisition Iii Sub a Inc)

Replacement and Pooling of Parts Alterations Modifications and Additions. (a) Except as otherwise provided in Section subsection 11(d), the Lessee, at its own cost and expense, will promptly replace all Parts, which may from time to time be incorporated or installed in or attached to the Airframe or any Engine and which may from time to time become worn out, lost, stolen, destroyed, seized, confiscated, damaged beyond repair or permanently rendered unfit for use for any reason whatsoever. In addition, in the ordinary course of maintenance, service, repair or testing, the Lessee at its own cost and expense may remove any Parts, whether or not worn out, lost, stolen, destroyed, seized, confiscated, damaged beyond repair or permanently rendered unfit for use; provided, provided that, except as otherwise provided in Section subsection 11(d), the Lessee at its own cost and expense shall replace such Parts as promptly as practicable. All replacement Parts shall be owned by the Lessor free and clear of all Liens (except Permitted Encumbrances and for pooling arrangements to the extent permitted by Section subsection 11(b)), and shall be in as good operating condition as, and shall have a value and utility at least equal to, the Parts replaced replaced, assuming that such parts were in the condition and repair required to be maintained by the terms hereof. All Parts at any time removed from the Airframe or any Engine shall remain the property of the Lessor and shall remain subject to the lien and security interest of the Aircraft Chattel Mortgage, no matter where located, until such time as such Parts shall be replaced by parts which that have been incorporated or installed in or attached to the Airframe or any Engine and which that meet the requirements for replacement parts specified above. Immediately upon any replacement Part becoming incorporated or installed in or attached to the Airframe or any Engine as above provided, without further act, (A) title to such replacement Part shall vest in and such replacement part shall become the property of the Lessor and shall become subject to this Lease and the lien and security interest of the Aircraft Chattel Mortgage and shall be deemed part of the Airframe or such Engine for all purposes hereof to the same extent as the property originally comprising, or installed on, such Airframe or such Engine, and (B) title to the replaced part shall no longer be the property of the Lessor and shall thereupon become free and clear of all rights of the Lessor hereunder and all rights derivative of the Lessor's and shall no longer be deemed a Part hereunder.

Appears in 1 contract

Samples: Lease Agreement (Atlas Air Worldwide Holdings Inc)

Replacement and Pooling of Parts Alterations Modifications and Additions. (a) Except as otherwise provided in Section 11(d), the Lessee, at its own cost and expense, will promptly replace all Parts, which may from time to time be incorporated or installed in or attached to the Airframe or any Engine and which may from time to time become worn out, lost, stolen, destroyed, seized, confiscated, damaged beyond repair or permanently rendered unfit for use for any reason whatsoever. In addition, in the ordinary course of maintenance, service, repair or testing, the Lessee at its own cost and expense may remove any Parts, whether or not worn out, lost, stolen, destroyed, seized, confiscated, damaged beyond repair or permanently rendered unfit for use; provided, provided that, except as otherwise provided in Section 11(d), the Lessee at its own cost and expense shall replace such Parts as promptly as practicable. All replacement Parts shall be owned by the Lessor free and clear of all Liens (except Permitted Encumbrances and for pooling arrangements to the extent permitted by Section 11(b)), and shall be in as good operating condition as, and shall have a value and utility at least equal to, the Parts replaced replaced, assuming that such parts were in the condition and repair required to be maintained by the terms hereof. All Parts at any time removed from the Airframe or any Engine shall remain the property of the Lessor and shall remain subject to the lien and security interest of the Aircraft Chattel Mortgage, no matter where located, until such time as such Parts shall be replaced by parts which that have been incorporated or installed in or attached to the Airframe or any Engine and which that meet the requirements for replacement parts specified above. Immediately upon any replacement Part becoming incorporated or installed in or attached to the Airframe or any Engine as above provided, without further act, (A) title to such replacement Part shall vest in and such replacement part shall become the property of the Lessor and shall become subject to this Lease and the lien and security interest of the Aircraft Chattel Mortgage and shall be deemed part of the Airframe or such Engine for all purposes hereof to the same extent as the property originally comprising, or installed on, such Airframe or such Engine, and (B) title to the replaced part shall no longer be the property of the Lessor and shall thereupon become free and clear of all rights of the Lessor hereunder and all rights derivative of the Lessor's and shall no longer be deemed a Part hereunder.

Appears in 1 contract

Samples: Lease Agreement (Atlas Air Inc)

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