Common use of Reports, Certificates, etc Clause in Contracts

Reports, Certificates, etc. Such Grantor will furnish, or cause to be furnished, to the Collateral Agent on or before the Effective Date, and each annual renewal of the applicable insurances, (i) a report, signed by an authorized representative of Aon Risk Services, Inc. or any other independent firm of insurance brokers reasonably acceptable to the Collateral Agent which brokers may be regularly retained by such Grantor (the “Insurance Brokers”), describing in reasonable detail the hull and liability insurance (and property insurance for detached engines, parts and other items) then carried and maintained with respect to the Collateral and stating the opinion of such firm that (A) such insurance complies with the terms hereof, (B) all premiums in connection with such insurance then due have been paid and (C) such insurance together with any self-insurance permitted hereby provides coverages against risks that are customarily insured against by Certificated Air Carriers and that such coverages are in substantially similar forms, are of such types and have limits as are customarily carried by Certificated Air Carriers; and (ii) a certificate of insurance evidencing the due compliance with the terms of this Section 3.4 relating to insurance with respect to the Collateral. To the extent that the insurance obligations of this Section 3.4 are satisfied in part with the coverage described in [Section 3.4(g)], the Insurance Broker’s report and certificate need not certify such coverage but may instead refer to the FAA Certificate of Insurance (which the Insurance Broker shall attached to its report). Such Grantor will cause such Insurance Broker to agree to advise the Collateral Agent in writing of any default in the payment of any premium and of any act or omission on the part of such Grantor of which it has knowledge and which might invalidate or render unenforceable, in whole or in part, any insurance on the applicable Collateral and to advise the Collateral Agent in writing at least thirty (30) days (twenty (20) days in the case of lapse for nonpayment of premiums and seven (7) days in the case of war risk and allied perils coverage) prior to the cancellation (but not expiration), lapse for non-payment of premium or material adverse change of any insurance maintained pursuant to this Section 3.4; provided that if the notice period specified above is not reasonably obtainable, such Grantor will cause the Insurance Broker to provide for as long a period of prior notice as shall then be reasonably obtainable. In addition, such Grantor will also cause such Insurance Broker to deliver to the Collateral Agent on or prior to the date of expiration of any insurance policy referenced in a previously delivered certificate of insurance, a new certificate of insurance, substantially in the same form as delivered by such Grantor to the Collateral Agent on the Effective Date except for changes in the report or the coverage consistent with the terms hereof. In the event that such Grantor shall fail to maintain, or cause to be maintained, insurance as herein provided, the Collateral Agent may, at its sole option, but shall be under no duty to, procure such insurance on behalf of such Grantor and, in such event, such Grantor shall, upon demand, reimburse the Collateral Agent for the cost thereof to the Collateral Agent, together with interest on such cost at the Overdue Rate from the date of such payment by the Collateral Agent to the date of reimbursement without waiver of any other rights the Collateral Agent may have; provided, however, that no exercise by the Collateral Agent of said option shall affect the provisions of this Security Agreement or the other Loan Documents, including the provisions that failure by such Grantor to maintain the prescribed insurance shall constitute an Event of Default. Upon receipt of any notices or reports, the Collateral Agent shall as promptly as practicable forward copies of the same to the Agent, the Loan Administrator, each of the Lenders and each of the Participants. The Collateral Agent shall have no responsibility for independently verifying the accuracy or completeness of any information contained in any report or certificate provided by the Insurance Brokers.

Reports, Certificates, etc. Such Grantor will furnish, or cause to be furnished, to the Collateral Agent on or before the Effective Closing Date, and each annual renewal of the applicable insurances, (i) a report, signed by an authorized representative of Aon Risk Services, Inc. or any other a recognized independent firm of insurance brokers reasonably acceptable to the Collateral Agent which brokers may be regularly retained by such Grantor (the “"Insurance Brokers”"), describing in reasonable detail the hull property and liability insurance (and property insurance for detached engines, parts and other items) then carried and maintained with respect to the Collateral and stating the opinion of such firm that (A) such insurance complies with the terms hereof, (B) all premiums in connection with such insurance then due have been paid and (C) such insurance together with any self-insurance permitted hereby provides coverages against risks that are customarily insured against by Certificated Air Similar Carriers and that such coverages are in substantially similar forms, are of such types and have limits as are customarily carried by Certificated Air Similar Carriers; and (ii) a certificate of insurance evidencing the due compliance with the terms of this Section 3.4 3.04 relating to insurance with respect to the Collateral. To the extent that the insurance obligations of this Section 3.4 3.04 are satisfied in part with the coverage described in [Section 3.4(g3.04(f)], the Insurance Broker’s 's report and certificate need not certify such coverage but may instead refer to the FAA Certificate of Insurance (which the Insurance Broker shall attached attach to its report). Such Grantor will cause such Insurance Broker to agree to advise the Collateral Agent in writing of any default in the payment of any premium and of any act or omission on the part of such Grantor of which it has knowledge and which might invalidate or render unenforceable, in whole or in part, any insurance on the applicable Collateral and to advise the Collateral Agent in writing at least thirty (30) days (twenty (20) days in the case of lapse for nonpayment of premiums and seven (7) days in the case of war risk and allied perils coverage) prior to the cancellation (but not expiration), lapse for non-payment of premium or material adverse change of any insurance maintained pursuant to this Section 3.43.04; provided that if the war risk notice period specified above is not reasonably obtainable, such Grantor will cause the Insurance Broker to provide for as long a period of prior notice as shall then be reasonably obtainable. In addition, such Grantor will also cause such Insurance Broker to deliver to the Collateral Agent on or prior to the date of expiration of any insurance policy referenced in a previously delivered certificate of insurance, a new certificate of insurance, substantially in the same form as delivered by such Grantor to the Collateral Agent on the Effective Date except for changes in the report or the coverage consistent with the terms hereof. In the event that such Grantor shall fail to maintain, maintain or cause to be maintained, maintained insurance as herein provided, the Collateral Agent may, at its sole option, but shall be under no duty to, procure such insurance on behalf of such Grantor (and shall give notice to such Grantor of such event) and, in such event, such Grantor shall, upon demand, reimburse the Collateral Agent for the cost thereof to the Collateral Agent, together with interest on such cost at the Overdue Rate interest rate determined in accordance with Section 2.7(e) of the Loan Agreement from the date of such payment by the Collateral Agent to the date of reimbursement without waiver of any other rights the Collateral Agent may have; provided, however, that no exercise by the Collateral Agent of said option shall affect the provisions of this Security Agreement or the other Loan Documents, including the provisions that failure by such Grantor to maintain the prescribed insurance shall constitute an Event of Default. Upon receipt of any notices or reports, the Collateral Agent shall as promptly as practicable forward copies of the same to the Agent, the Loan Administrator, each of the Lenders Board and each of the ParticipantsLenders. The Collateral Agent shall have no responsibility for independently verifying the accuracy or completeness of any information contained in any report or certificate provided by the Insurance Brokers.

Reports, Certificates, etc. Such Grantor The Company will furnish, or cause to be furnished, to the Collateral Agent on or before the Effective Closing Date, and each annual renewal of the applicable insurances, (i) a report, signed by an authorized representative of Aon Risk Services, Inc. or any other a recognized independent firm of insurance brokers reasonably acceptable to the Collateral Agent which brokers may be regularly retained by such Grantor the Company (the “"Insurance Brokers”"), describing in reasonable detail the hull property and liability insurance (and property insurance for detached engines, parts and other items) then carried and maintained with respect to the Collateral and stating the opinion of such firm that (A) such insurance complies with the terms hereof, (B) all premiums in connection with such insurance then due have been paid and (C) such insurance together with any self-insurance permitted hereby provides coverages against risks that are customarily insured against by Certificated Air Similar Carriers and that such coverages are in substantially similar forms, are of such types and have limits as are customarily carried by Certificated Air Similar Carriers; and (ii) a certificate of insurance evidencing the due compliance with the terms of this Section 3.4 SECTION 2.04 relating to insurance with respect to the Collateral. To the extent that the insurance obligations of this Section 3.4 SECTION 2.04 are satisfied in part with the coverage described in [Section 3.4(gSECTION 2.04(F)], the Insurance Broker’s 's report and certificate need not certify such coverage but may instead refer to the FAA Certificate of Insurance (which the Insurance Broker shall attached attach to its report). Such Grantor The Company will cause such Insurance Broker to agree to advise the Collateral Agent in writing of any default in the payment of any premium and of any act or omission on the part of such Grantor the Company of which it has knowledge and which might invalidate or render unenforceable, in whole or in part, any insurance on the applicable Collateral and to advise the Collateral Agent in writing at least thirty (30) days (twenty (20) days in the case of lapse for nonpayment of premiums and seven (7) days in the case of war risk and allied perils coverage) prior to the cancellation (but not expiration), lapse for non-payment of premium or material adverse change of any insurance maintained pursuant to this Section 3.4SECTION 2.04; provided that if the war risk notice period specified above is not reasonably obtainable, such Grantor the Company will cause the Insurance Broker to provide for as long a period of prior notice as shall then be reasonably obtainable. In addition, such Grantor will also cause such Insurance Broker to deliver to the Collateral Agent on or prior to the date of expiration of any insurance policy referenced in a previously delivered certificate of insurance, a new certificate of insurance, substantially in the same form as delivered by such Grantor to the Collateral Agent on the Effective Date except for changes in the report or the coverage consistent with the terms hereof. In the event that such Grantor the Company shall fail to maintain, maintain or cause to be maintained, maintained insurance as herein provided, the Collateral Agent may, at its sole option, but shall be under no duty to, procure such insurance on behalf of such Grantor the Company and, in such event, such Grantor the Company shall, upon demand, reimburse the Collateral Agent for the cost thereof to the Collateral Agent, together with interest on such cost at the Overdue Rate from the date of such payment by the Collateral Agent to the date of reimbursement without waiver of any other rights the Collateral Agent may have; provided, however, that no exercise by the Collateral Agent of said option shall affect the provisions of this Security Agreement or the other Loan Documents, including the provisions that failure by such Grantor the Company to maintain the prescribed insurance shall constitute an Event of Default. Upon receipt of any notices or reports, the Collateral Agent shall as promptly as practicable forward copies of the same to the Agent, the Loan Administrator, each of the Lenders Board and each of the ParticipantsLenders. The Collateral Agent shall have no responsibility for independently verifying the accuracy or completeness of any information contained in any report or certificate provided by the Insurance Brokers.

Reports, Certificates, etc. Such Grantor The Company will furnish, or cause to be furnished, to the Collateral Agent on or before the Effective Closing Date, and each annual renewal of the applicable insurances, (i) a report, signed by an authorized representative of Aon Risk Services, Inc. or any other independent firm of insurance brokers reasonably acceptable to the Collateral Agent which brokers may be regularly retained by such Grantor the Company (the “"Insurance Brokers”"), describing in reasonable detail the hull and liability insurance (and property insurance for detached engines, parts and other items) then carried and maintained with respect to the Collateral and stating the opinion of such firm that (A) such insurance complies with the terms hereof, (B) all premiums in connection with such insurance then due have been paid and (C) such insurance together with any self-insurance permitted hereby provides coverages against risks that are customarily insured against by Certificated Air Carriers and that such coverages are in substantially similar forms, are of such types and have limits as are customarily carried by Certificated Air Carriers; and (ii) a certificate of insurance evidencing the due compliance with the terms of this Section 3.4 2.04 relating to insurance with respect to the Collateral. To the extent that the insurance obligations of this Section 3.4 are satisfied in part with the coverage described in [Section 3.4(g)], the Insurance Broker’s report and certificate need not certify such coverage but may instead refer to the FAA Certificate of Insurance (which the Insurance Broker shall attached to its report). Such Grantor The Company will cause such Insurance Broker to agree to advise the Collateral Agent in writing of any default in the payment of any premium and of any act or omission on the part of such Grantor the Company of which it has knowledge and which might invalidate or render unenforceable, in whole or in part, any insurance on the applicable Collateral and to advise the Collateral Agent in writing at least thirty (30) days (twenty (20) days in the case of lapse for nonpayment of premiums and seven (7) days in the case of war risk and allied perils coverage) prior to the cancellation (but not expiration), lapse for non-payment of premium or material adverse change of any insurance maintained pursuant to this Section 3.42.04; provided that if the notice period specified above is not reasonably obtainable, such Grantor the Company will cause the Insurance Broker to provide for as long a period of prior notice as shall then be reasonably obtainable. In addition, such Grantor the Company will also cause such Insurance Broker to deliver to the Collateral Agent on or prior to the date of expiration of any insurance policy referenced in a previously delivered certificate of insurance, a new certificate of insurance, substantially in the same form as delivered by such Grantor the Company to the Collateral Agent on the Effective Closing Date except for changes in the report or the coverage consistent with the terms hereof. In the event that such Grantor the Company shall fail to maintain, maintain or cause to be maintained, maintained insurance as herein provided, the Collateral Agent may, at its sole option, but shall be under no duty to, procure such insurance on behalf of such Grantor the Company and, in such event, such Grantor the Company shall, upon demand, reimburse the Collateral Agent for the cost thereof to the Collateral Agent, together with interest on such cost at the Overdue Rate from the date of such payment by the Collateral Agent to the date of reimbursement without waiver of any other rights the Collateral Agent may have; provided, however, that no exercise by the Collateral Agent of said option shall affect the provisions of this Security Agreement or the other Loan Documents, including the provisions that failure by such Grantor the Company to maintain the prescribed insurance shall constitute an Event of Default. Upon receipt of any notices or reports, the Collateral Agent shall as promptly as practicable forward copies of the same to the Agent, the Loan Administrator, the Board, each of the Lenders and each of the Participants. The Collateral Agent shall have no responsibility for independently verifying the accuracy or completeness of any information contained in any report or certificate provided by the Insurance Brokers.

Reports, Certificates, etc. Such North American will furnish, or cause to be furnished, to the Collateral Agent on or before the date hereof, and each Grantor will furnish, or cause to be furnished, to the Collateral Agent on or before the Effective Date, and each annual renewal of the applicable insurances, (i) a report, signed by an authorized representative of Aon Risk Services, Inc. or any other a recognized independent firm of insurance brokers reasonably acceptable to the Collateral Agent which brokers may be regularly retained by such Grantor (the “"Insurance Brokers”"), describing in reasonable detail the hull property and liability insurance (and property insurance for detached engines, parts and other items) then carried and maintained with respect to the Collateral and stating the opinion of such firm that (A) such insurance complies with the terms hereof, (B) all premiums in connection with such insurance then due have been paid and (C) such insurance together with any self-insurance permitted hereby provides coverages against risks that are customarily insured against by Certificated Air Similar Carriers and that such coverages are in substantially similar forms, are of such types and have limits as are customarily carried by Certificated Air Similar Carriers; and (ii) a certificate of insurance evidencing the due compliance with the terms of this Section 3.4 3.04 relating to insurance with respect to the Collateral. To the extent that the insurance obligations of this Section 3.4 3.04 are satisfied in part with the coverage described in [Section 3.4(g3.04(f)], the Insurance Broker’s 's report and certificate need not certify such coverage but may instead refer to the FAA Certificate of Insurance (which the Insurance Broker shall attached attach to its report). Such Grantor will cause such Insurance Broker to agree to advise the Collateral Agent in writing of any default in the payment of any premium and of any act or omission on the part of such Grantor of which it has knowledge and which might invalidate or render unenforceable, in whole or in part, any insurance on the applicable Collateral and to advise the Collateral Agent in writing at least thirty (30) days (twenty (20) days in the case of lapse for nonpayment of premiums and seven (7) days in the case of war risk and allied perils coverage) prior to the cancellation (but not expiration), lapse for non-payment of premium or material adverse change of any insurance maintained pursuant to this Section 3.43.04; provided that if the war risk notice period specified above is not reasonably obtainable, such Grantor will cause the Insurance Broker to provide for as long a period of prior notice as shall then be reasonably obtainable. In addition, such Grantor will also cause such Insurance Broker to deliver to the Collateral Agent on or prior to the date of expiration of any insurance policy referenced in a previously delivered certificate of insurance, a new certificate of insurance, substantially in the same form as delivered by such Grantor to the Collateral Agent on the Effective Date except for changes in the report or the coverage consistent with the terms hereof. In the event that such Grantor shall fail to maintain, maintain or cause to be maintained, maintained insurance as herein provided, the Collateral Agent may, at its sole option, but shall be under no duty to, procure such insurance on behalf of such Grantor (and shall give notice to such Grantor of such event) and, in such event, such Grantor shall, upon demand, reimburse the Collateral Agent for the cost thereof to the Collateral Agent, together with interest on such cost at the Overdue Rate interest rate determined in accordance with Section 2.7(e) of the Loan Agreement from the date of such payment by the Collateral Agent to the date of reimbursement without waiver of any other rights the Collateral Agent may have; provided, however, that no exercise by the Collateral Agent of said option shall affect the provisions of this Security Agreement or the other Loan Documents, including the provisions that failure by such Grantor to maintain the prescribed insurance shall constitute an Event of Default. Upon receipt of any notices or reports, the Collateral Agent shall as promptly as practicable forward copies of the same to the Agent, the Loan Administrator, each of the Lenders Board and each of the ParticipantsLenders. The Collateral Agent shall have no responsibility for independently verifying the accuracy or completeness of any information contained in any report or certificate provided by the Insurance Brokers.