Common use of Reports, Etc Clause in Contracts

Reports, Etc. Lessee will furnish, or cause to be furnished, to Lessor, the Indenture Trustee, the Owner Participant and, so long as the Original Loan Participant shall hold any Certificate, the Original Loan Participant, on or before the Delivery Date, and each annual anniversary of the Delivery Date during the Term, a report, signed by Rollxxx, Xxdix Xxxl xx Illinois, Inc. or any other independent firm of insurance brokers reasonably acceptable to Lessor which brokers may be in the regular employ of Lessee (the "Insurance Broker"), describing in reasonable detail the hull and liability insurance (and property insurance for detached engines and parts) then carried and maintained with respect to the Aircraft and stating the opinion of such firm that (a) such insurance complies with the terms hereof and (b) that such insurance together with any self-insurance permitted hereby provides coverage that are in substantially similar forms, are of such types and have limits within the range of limits as are customarily carried by U.S. carriers; provided, however, that the opinion set forth in clause (b) shall not be required if the Insurance Broker then generally does not provide such an opinion or will provide such an opinion for material additional cost; and provided further that all information contained in the foregoing report shall not be made available by Lessor, the Indenture Trustee, the Original Loan Participant, or the Owner Participant to anyone except (A) to prospective and permitted transferees of Lessor's, the Owner Participant's, the Original Loan Participant's or the Indenture Trustee's interest or their respective counsel, independent certified public accountants, independent insurance brokers or other agents, who agree to hold such information confidential, (B) to Lessor's, Owner Participant's, the Original Loan Participant's or the Indenture Trustee's counsel or independent certified public accountants, independent insurance brokers or other agents who agree to hold such information confidential, (C) as may be required by any statute, court or administrative order or decree or governmental ruling or regulation, or (D) as may be necessary for purposes of protecting the interest of any such Person or for enforcement of this Lease by Lessor or the Indenture Trustee; provided, however, that any and all disclosures permitted by clauses (C) or (D) above shall be made only to the extent necessary to meet the specific requirements or needs of the Persons to whom such disclosures are hereby permitted. Lessee will cause such Insurance Broker to agree to advise Lessor, the Indenture Trustee, the Owner Participant, and, so long as the Original Loan Participant holds any Certificate, the Original Loan Participant, in writing of any act or omission on the part of Lessee of which it has knowledge and which might invalidate or render unenforceable, in whole or in part, any insurance on the Aircraft and to advise such Persons in writing at least 30 days (7 days in the case of war risk and allied perils coverage) prior to the cancellation or material adverse change of any insurance maintained pursuant to this Section 11, provided that if the notice period specified above is not reasonably obtainable, the Insurance Broker shall provide for as long a period of prior notice as shall then be reasonably obtainable. In addition, Lessee will also cause such Insurance Broker to deliver to Lessor, the Indenture Trustee, the Owner Participant and, so long as the Original Loan Participant holds any Certificate, the Original Loan Participant, on or prior to the date of expiration of any insurance policy referenced in a previously delivered

Reports, Etc. Lessee will furnish, or cause to be furnished, to the Lessor, the Indenture Trustee, the Owner Participant and, so long as and the Original Loan Participant shall hold any Certificate, the Original Loan Participant, Indenture Trustee (A) on or before prior to the Delivery Date, and each annual anniversary of the Delivery Date during the Term, a report, signed by Rollxxx, Xxdix Xxxl xx Illinois, Inc. or any other independent firm of insurance brokers reasonably acceptable to Lessor which brokers may be in the regular employ of Lessee (the "Insurance Broker"), certificates describing in reasonable detail the hull and liability insurance maintained by Lessee as required pursuant to this Section 9, (and property insurance for detached engines and partsB) then carried and maintained with respect prior to the Aircraft cancellation, lapse or expiration of the insurance policies required pursuant to this Section 9, evidence of renewal of such insurance policies, and (C) on or prior to the Delivery Date and on or before the renewal dates of the insurance policies carried by the Lessee pursuant to this Section 9, a report signed by a firm of recognized aircraft insurance brokers of good reputation, not affiliated with the Lessee, which brokers may be regularly retained by the Lessee and reasonably satisfactory to the Lessor, stating the opinion of such firm that (ai) all premiums in connection with the insurance then due have been paid, (ii) the insurance then carried and maintained on the Aircraft complies with the terms hereof and, in the case of renewal insurance, that such renewal insurance complies will on and after the effective date thereof so comply with the terms hereof and (biii) that to the best of such firm's knowledge, such insurance together with any self-insurance permitted hereby provides coverage that are is in substantially similar formsform, are of such types and have having limits within the range of limits as are customarily carried obtained by U.S. carriers; providedsimilarly situated United States carriers operating similar aircraft on similar routes, however, that the opinion set forth in clause (b) shall not be required if the Insurance Broker then generally does not provide such an opinion or will provide such an opinion for material additional cost; and provided further that all information contained in the foregoing such report shall not be made available held -------- confidential by the Lessor, the Indenture Trustee, Trustee and the Original Loan Owner Participant, and shall not be furnished or the Owner Participant disclosed by them to anyone any Person except (A) to prospective and permitted transferees of Lessor's, the Owner Participant's, the Original Loan Participant's or the Indenture Trustee's interest or their respective legal counsel, independent certified public accountants, independent insurance brokers or advisors or other agents, agents who agree to hold such information confidential, (B) to Lessor's, any bona fide prospective and permitted transferees of the Owner Participant's, Participant and its agents (provided that each such transferee shall agree for the Original Loan Participant's or benefit of the Indenture Trustee's counsel or independent certified public accountants, independent insurance brokers or other agents who agree -------- Lessee to hold all such information similarly confidential), (C) as may be required by Applicable Law or by any statute, court or administrative order or decree or governmental ruling or regulation, or (D) as may be necessary for purposes of protecting the interest of any such Person or for enforcement of this Lease by Lessor or the Indenture Trustee; providedOperative Agreements, however, that any and all disclosures permitted by clauses (C) or (DE) above shall be made only rating agencies. The Lessee will instruct such firm to give prompt written advice to the extent necessary to meet the specific requirements or needs of the Persons to whom such disclosures are hereby permitted. Lessee will cause such Insurance Broker to agree to advise Lessor, the Owner Participant and the Indenture Trustee, the Owner Participant, and, so long as the Original Loan Participant holds any Certificate, the Original Loan Participant, in writing Trustee of any default in the payment of any premium and of any other act or omission on the part of the Lessee (or any Permitted Sublessee) of which it has knowledge and which might would in such firm's opinion invalidate or render unenforceable, in whole or in any material part, any insurance on the Aircraft and Aircraft. The Lessee will also instruct such firm to advise such Persons the Lessor, the Owner Participant and the Indenture Trustee in writing at least 30 thirty (30) days prior to the termination or cancellation of, or material adverse change in, such insurance carried and maintained on the Aircraft pursuant to this Section 9 (7 days or such lesser period as may be applicable in the case of war risk and coverage), provided, that in respect of war risk or allied -------- perils coverage) prior to the cancellation or material adverse change of any insurance maintained pursuant to this Section 11, provided that if the notice period specified above is not reasonably obtainable, the Insurance Broker insurance broker shall provide for as long a period of prior notice as shall then be reasonably obtainable. In addition, Lessee will also cause such Insurance Broker to deliver to Lessor, the Indenture Trustee, the Owner Participant and, so long as the Original Loan Participant holds any Certificate, the Original Loan Participant, on or prior to the date of expiration of any insurance policy referenced in a previously delivered.

Reports, Etc. Lessee will furnish, or cause to be furnished, to Lessor, the Indenture Trustee, the Owner Participant and, so long as the Original Loan Participant shall hold any Certificate, the Original Loan Participant, on or before the Delivery Date, Commencement Date and on or before July 1 in each annual anniversary of the Delivery Date year thereafter during the TermTerm commencing July, 2006, a report, signed by Rollxxx, Xxdix Xxxl xx IllinoisAon Risk Services, Inc. or any other independent firm of insurance brokers reasonably acceptable to Lessor which brokers may be in the regular employ of Lessee (the "“Insurance Broker"Brokers”), describing in reasonable detail the hull insurance and liability insurance (and property insurance for detached engines and parts) reinsurance then carried and maintained with respect to the Aircraft Engine and stating the opinion of such firm that (a) such the insurance then carried and maintained with respect to the Engine complies with the terms hereof and (b) that such insurance together with any self-insurance permitted hereby provides coverage that are in substantially similar forms, are of such types and have limits within the range of limits as are customarily carried by U.S. carriershereof; provided, however, that the opinion set forth in clause (b) shall not be required if the Insurance Broker then generally does not provide such an opinion or will provide such an opinion for material additional cost; and provided further that all information contained in the foregoing report shall not be made available by Lessor, the Indenture Trustee, the Original Loan Participant, or the Owner Participant Lessor to anyone except (A) to prospective and permitted transferees of Lessor's, the Owner Participant's, the Original Loan Participant's or the Indenture Trustee's ’s interest or their respective counsel, independent certified public accountants, independent insurance brokers or other agents, who agree to hold such information confidential, (B) to Lessor's, Owner Participant's, the Original Loan Participant's or the Indenture Trustee's ’s counsel or independent certified public accountants, accountants or independent insurance brokers or other agents advisors who agree to hold such information confidential, (C) as may be required by any statute, court or administrative order or decree or governmental ruling or regulation, regulation or as may be requested by any regulatory agency or body having authority or (D) as may be necessary for purposes of protecting the interest interests of any such Person or for the enforcement of this Lease by Lessor or the Indenture Trustee; provided, however, that any and all disclosures permitted by clauses (C) or (D) above shall be made only to the extent necessary to meet the specific requirements or needs of the Persons to whom such disclosures are hereby permittedLessor. Lessee will cause such Insurance Broker Brokers to agree to advise Lessor, the Indenture Trustee, the Owner Participant, and, so long as the Original Loan Participant holds any Certificate, the Original Loan Participant, Lessor in writing of any default in the payment of any premium and of any other act or omission on the part of Lessee of which it has knowledge and which might invalidate or render unenforceable, in whole or in part, any insurance on the Aircraft and Engine. To the extent such agreement is reasonably obtainable, Lessee will also cause such Insurance Brokers to agree to advise such Persons Lessor in writing at least 30 thirty (30) days (7 seven (7) days in the case of war risk and allied perils coverage) ), prior to the cancellation expiration or material adverse change termination date of any insurance carried and maintained on the Engine pursuant to this Section 11, provided that if the notice period specified above is not reasonably obtainable, the Insurance Broker shall provide for as long a period of prior notice as shall then be reasonably obtainable. In addition, Lessee will also cause such Insurance Broker Brokers to deliver to Lessor, the Indenture Trustee, the Owner Participant and, so long as the Original Loan Participant holds any Certificate, the Original Loan Participant, on or prior to the date of expiration of any insurance policy referenced in a previously delivereddelivered certificate of insurance, a new certificate of insurance, substantially in the same form as delivered by Lessee to such parties on the Commencement Date. In the event that Lessee shall fail to maintain or cause to be maintained insurance as herein provided, Lessor or its designee may at its sole option provide such insurance and, in such event, Lessee shall, upon demand, reimburse Lessor, as Supplemental Rent, for the cost thereof to Lessor or such designee, as the case may be, without waiver of any other rights Lessor or such designee may have; provided, however, that no exercise by Lessor or such designee of said option shall affect the provisions of this Lease, including the provisions of Section 14(g) hereof.

Reports, Etc. Lessee The Grantor will furnish, or cause to be furnished, to Lessor, the Indenture Trustee, the Owner Participant and, so long as the Original Loan Participant shall hold any Certificate, the Original Loan Participant, Collateral Agent on or before the Delivery Closing Date, and each annual anniversary renewal of the Delivery Date during the Termapplicable insurances, a report, signed by Rollxxx, Xxdix Xxxl xx AON Risk Services of Illinois, Inc. or any other independent firm of insurance brokers reasonably acceptable to Lessor the Collateral Agent which brokers may be in the regular employ of Lessee the Grantor (the "Insurance BrokerBrokers"), describing in reasonable detail the hull and liability insurance (and property insurance for detached engines and parts) then carried and maintained with respect to the Aircraft each Aircraft, Engine and Spare Engine and stating the opinion of such firm that (ai) such insurance complies with the terms hereof hereof, (ii) all premiums in connection with such insurance then due have been paid and (biii) such insurance provides coverages against risks that are customarily insured against by major U.S. air carriers and that such insurance together with any self-insurance permitted hereby provides coverage that coverages are in substantially similar forms, are of such types and have limits within the range of limits as are customarily carried by major U.S. carriersair carriers (but in no event less than what is required under the Credit Agreement with respect thereto); provided, however, that the opinion set forth in clause (b) shall not be required if the Insurance Broker then generally does not provide such an opinion or will provide such an opinion for material additional cost; and provided further that all information contained in the foregoing report shall not be made available by Lessor, the Indenture Trustee, the Original Loan Participant, or the Owner Participant Collateral Agent to anyone except (A) to any Lender's or to prospective and permitted transferees of Lessor's, the Owner Participant's, the Original Loan ParticipantCollateral Agent's or the Indenture Trusteeany Lender's interest or their its respective counsel, independent certified public accountants, independent insurance brokers or other agents, who agree to hold such information confidential, (B) to Lessor's, Owner Participant's, the Original Loan ParticipantCollateral Agent's or the Indenture Trusteeany Lender's counsel or independent certified public accountants, independent insurance brokers or other agents who agree to hold such information confidential, (C) as may be required by any statute, court or administrative order or decree or governmental ruling or regulation, regulation or (D) as may be necessary for purposes of protecting the interest of any such Person or for enforcement of this Lease Mortgage by Lessor or the Indenture TrusteeCollateral Agent; provided, howeverfurther, that any and all disclosures permitted by clauses clause (C) or (D) above shall be made only to the extent necessary to meet the specific requirements or needs of the Persons to whom such disclosures are hereby permitted. Lessee The Grantor will cause such Insurance Broker to agree to advise Lessor, the Indenture Trustee, Collateral Agent and the Owner Participant, and, so long as the Original Loan Participant holds any Certificate, the Original Loan Participant, Lenders promptly in writing of any default in the payment of any premium and of any act or omission on the part of Lessee the Grantor of which it has knowledge and which might invalidate or render unenforceable, in whole or in part, any insurance on the such Aircraft or Spare Engine and to advise such Persons in writing at least 30 days (20 days in the case of lapse for nonpayment of premiums and 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 11, 2.03; provided that if the notice period specified above is not reasonably obtainable, the Insurance Broker shall provide for as long a period of prior notice as shall then be reasonably obtainable. In addition, Lessee the Grantor will also cause such Insurance Broker to deliver to Lessor, the Indenture Trustee, Collateral Agent and the Owner Participant and, so long as the Original Loan Participant holds any Certificate, the Original Loan ParticipantLenders, on or prior to the date of expiration of any insurance policy referenced in a previously delivereddelivered certificate of insurance, a new certificate of insurance, substantially in the same form as delivered by the Grantor to such parties on the Closing Date except for changes in the report or the coverage consistent with the terms hereof. In the event that the Grantor shall fail to maintain or cause to be maintained insurance as herein provided, the Collateral Agent or any Lender may, at its sole option, but shall be under no duty to, provide such insurance and, in such event, the Grantor shall, upon demand, reimburse the Collateral Agent or such Lender, for the cost thereof to the Collateral Agent or such Lender, as the case may be, together with interest on such cost at a rate of interest equal to the Alternate Base Rate (as defined in the Credit Agreement) plus 5.25% from the date of such payment by the Collateral Agent or such Lender to the date of reimbursement without waiver of any other rights the Collateral Agent or such Lender may have; provided, however, that no exercise by the Collateral Agent or such Lender, as the case may be, of said option shall affect the provisions of this Mortgage, including the provisions that failure by the Grantor to maintain the prescribed insurance shall constitute an Event of Default.

Reports, Etc. Lessee will furnish, or cause to be furnished, to Lessor, the Indenture Trustee, the Owner ---------------- Lessor and each owner Participant and, so long as the Original Loan Participant shall hold any Certificate, the Original Loan Participant, on or before the Delivery Date, Date and during each annual calendar year there- Federal Express Boeing 727-2D4 N362PA after on or before the anniversary of the Delivery Date during the Term, a report, signed by Rollxxx(i) Alexander & Alexander of Texas, Xxdix Xxxl xx IllinoisInc., Inc. (ii) Arkwright Mutual Insurance Company or (iii) any other independent firm of insurance brokers reasonably acceptable to Lessor which brokers may be in the regular employ of Lessee (the "Insurance BrokerBrokers"), describing in reasonable detail the hull and liability insurance (and property insurance for detached engines and parts) then carried and maintained with respect to the Aircraft and stating the opinion of such firm that (a) such insurance complies with the terms hereof and (b) that such insurance together with any self-insurance permitted hereby provides coverage that are in substantially similar forms, are of such types and have limits within the range of limits as are customarily carried by U.S. carriershereof; provided, however, that the opinion set forth in clause (b) shall not be required if the Insurance Broker then generally does not provide such an opinion or will provide such an opinion for material additional cost; and provided further that all information -------- contained in the foregoing report shall not be made available by Lessor, the Indenture Trustee, the Original Loan Participant, Lessor or the each Owner Participant to anyone except (A) to prospective and permitted transferees of Lessor's, the 's or each Owner Participant's, the Original Loan Participant's or the Indenture Trustee's interest or their respective counsel, independent certified public accountants, independent insurance brokers or other agentsinterest, who agree to hold such information confidential, (B) to Lessor's, Owner Participant's, the Original Loan Participant's or the Indenture Trusteeeach owner Participant's counsel or independent certified public accountants, independent insurance brokers or other agents who agree to hold such information confidential, (C) as may be required by any statute, court or administrative order or decree or governmental ruling or regulation, regulation or (D) as may be necessary for purposes of protecting the interest interests of any such Person person or for enforcement of this Lease by Lessor or the Indenture TrusteeLessor; provided, however, that any and all disclosures permitted by clauses (C) or (D) above -------- ------- shall be made only to the extent necessary to meet the specific requirements or needs of the Persons to whom such disclosures are hereby permitted. Lessee will cause such Insurance Broker Brokers to agree to advise Lessor, the Indenture Trustee, the Lessor and each Owner Participant, and, so long as the Original Loan Participant holds any Certificate, the Original Loan Participant, in writing of any default in the payment of any premium and of any other act or omission on the part of Lessee of which it has actual knowledge and which might invalidate or render unenforceable, in whole or in part, any insurance on the Aircraft as required by the terms hereof and to advise such Persons in writing at least 30 days (7 days in the case of war risk and allied perils coveragecoverage or such longer period as may be customary) prior to the cancellation (but not scheduled expiration) or material adverse change of any insurance maintained pursuant to this Section 11; provided, provided that if the notice -------- period specified above is not reasonably obtainable, the Insurance Broker Brokers shall provide for as long a period of prior notice as shall then be reasonably obtainable. In addition, Lessee will also cause such Insurance Broker Brokers to deliver to Lessor, the Indenture Trustee, the Lessor and each Owner Participant and, so long as the Original Loan Participant holds any Certificate, the Original Loan Participant, on or prior to the date of expiration of any insurance policy referenced in a previously delivereddelivered certificate of insurance, a new certificate of insurance, substantially in the same form as delivered by Lessee to such parties on the Delivery Date except for changes in the report or the coverage consistent with the Federal Express Boeing 727-2D4 N362PA terms hereof. In the event that Lessee or any Sublessee shall fail to maintain or cause to be maintained insurance as herein provided, Lessor may at its sole option provide such insurance and, in such event, Lessee shall, upon demand, reimburse Lessor, as Supplemental Rent, for the cost thereof to Lessor; provided, however, that no exercise by the Lessor of said option shall affect -------- ------- the provisions of this Lease, including the provisions that failure by the Lessee to maintain the prescribed insurance shall constitute a Lease Event of Default.

Reports, Etc. Lessee will furnish, or cause to be furnished, to the Lessor, the Indenture Trustee, the Owner Participant and, so long as and the Original Loan Participant shall hold any Certificate, the Original Loan Participant, Indenture Trustee (A) on or before prior to the Delivery Date, and each annual anniversary of the Delivery Date during the Term, a report, signed by Rollxxx, Xxdix Xxxl xx Illinois, Inc. or any other independent firm of insurance brokers reasonably acceptable to Lessor which brokers may be in the regular employ of Lessee (the "Insurance Broker"), certificates describing in reasonable detail the hull and liability insurance maintained by Lessee as required pursuant to this Section 9, (and property insurance for detached engines and partsB) then carried and maintained with respect prior to the Aircraft cancellation, lapse or expiration of the insurance policies required pursuant to this Section 9, evidence of renewal of such insurance policies, and (C) on or prior to the Delivery Date and on or before the renewal dates of the insurance policies carried by the Lessee pursuant to this Section 9, a report signed by a firm of recognized aircraft insurance brokers of good reputation, not affiliated with the Lessee, which brokers may be regularly retained by the Lessee and reasonably satisfactory to the Lessor, stating the opinion of such firm that (ai) all premiums in connection with the insurance then due have been paid, (ii) the insurance then carried and maintained on the Aircraft complies with the terms hereof and, in the case of renewal insurance, that such renewal insurance complies will on and after the effective date thereof so comply with the terms hereof and (biii) that to the best of such firm's knowledge, such insurance together with any self-insurance permitted hereby provides coverage that are is in substantially similar formsform, are of such types and have having limits within the range of limits as are customarily carried obtained by U.S. carriers; providedsimilarly situated United States carriers operating similar aircraft on similar routes, however, that the opinion set forth in clause (b) shall not be required if the Insurance Broker then generally does not provide such an opinion or will provide such an opinion for material additional cost; and provided further that all -------- information contained in the foregoing such report shall not be made available held confidential by the Lessor, the Indenture Trustee, Trustee and the Original Loan Owner Participant, and shall not be furnished or the Owner Participant disclosed by them to anyone any Person except (A) to prospective and permitted transferees of Lessor's, the Owner Participant's, the Original Loan Participant's or the Indenture Trustee's interest or their respective legal counsel, independent certified public accountants, independent insurance brokers or advisors or other agents, agents who agree to hold such information confidential, (B) to Lessor's, Owner Participant's, any Noteholder or to bona fide prospective and permitted transferees of any Participant and their respective agents (provided that each such transferee shall agree for the Original Loan Participant's or -------- benefit of the Indenture Trustee's counsel or independent certified public accountants, independent insurance brokers or other agents who agree Lessee to hold all such information similarly confidential), (C) as may be required by Applicable Law or by any statute, court or administrative order or decree or governmental ruling or regulationregulation (or, in the case of any Noteholder, to any bank examiner or other regulatory personnel), (D) as may be necessary for purposes of protecting the interest of any such Person or for enforcement of this Lease by Lessor or the Indenture Trustee; provided, however, that any and all disclosures permitted by clauses (C) Operative Agreements or (DE) above shall be made only to the extent necessary to meet the specific requirements Security Trustee or needs of the Persons to whom such disclosures are hereby permittedrating agencies. The Lessee will cause instruct such Insurance Broker firm to agree give prompt written advice to advise the Lessor, the Owner Participant and the Indenture Trustee, the Owner Participant, and, so long as the Original Loan Participant holds any Certificate, the Original Loan Participant, in writing Trustee of any default in the payment of any premium and of any other act or omission on the part of the Lessee (or any Permitted Sublessee) of which it has knowledge and which might would in such firm's opinion invalidate or render unenforceable, in whole or in any material part, any insurance on the Aircraft and Aircraft. The Lessee will also instruct such firm to advise such Persons the Lessor, the Owner Participant and the Indenture Trustee in writing at least 30 thirty (30) days prior to the termination or cancellation of, or material adverse change in, such insurance carried and maintained on the Aircraft pursuant to this Section 9 (7 days or such lesser period as may be applicable in the case of war risk and coverage), provided, that in respect -------- of war risk or allied perils coverage) prior to the cancellation or material adverse change of any insurance maintained pursuant to this Section 11, provided that if the notice period specified above is not reasonably obtainable, the Insurance Broker insurance broker shall provide for as long a period of prior notice as shall then be reasonably obtainable. In addition, Lessee will also cause such Insurance Broker to deliver to Lessor, the Indenture Trustee, the Owner Participant and, so long as the Original Loan Participant holds any Certificate, the Original Loan Participant, on or prior to the date of expiration of any insurance policy referenced in a previously delivered.