Common use of Requisition for Use Clause in Contracts

Requisition for Use. In the event of a requisition for use by any government during the Term of the Airframe and the Engines, if any, or engines installed on the Airframe, the Lessee shall promptly notify the Lessor of such requisition and all of the Lessee's obligations under this Lease shall continue to the same extent as if such requisition had not occurred except to the extent that the performance or observance of any obligation by the Lessee shall have been prevented or delayed by such requisition, provided that the Lessee's obligations -------- for the payment of money and under Section 9 (except while an assumption of liability by the government of the United States of the scope referred to in Section 5(c) is in effect) shall not be reduced or delayed by such requisition. Any payments received by the Lessor or the Lessee from such government with respect to such requisition of use shall be paid over to, or retained by, the Lessee. In the event of an Event of Loss of an Engine resulting from the requisition for use by a government of such Engine (but not the Airframe), the Lessee will replace such Engine hereunder by complying with the terms of Section 7(e) and any payments received by the Lessor or the Lessee from such government with respect to such requisition shall be paid over to, or retained by, the Lessee.

Appears in 1 contract

Samples: Note Purchase Agreement (Midway Airlines Corp)

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Requisition for Use. In the event of a requisition for use by any government during the Term of the Airframe and the Engines, if any, or engines installed on the Airframe, the Lessee Company shall promptly notify the Lessor Indenture Trustee of such requisition and all of the LesseeCompany's obligations under this Lease Indenture shall continue to the same extent as if such requisition had not occurred except to the extent that the performance or observance of any obligation by the Lessee Company shall have been prevented or delayed by such requisition, provided that the LesseeCompany's obligations -------- for the payment of money and under Section 9 4.05 (except while an assumption of liability by the government of the United States Government of the scope referred to in Section 5(c4.01(c) is in effect) shall not be reduced or delayed by such requisition. Any payments received by the Lessor Indenture Trustee or the Lessee Company from such government with respect to such requisition of use shall be paid over to, or retained by, the LesseeCompany. In the event of an Event of Loss of an Engine resulting from the requisition for use by a government of such Engine (but not the Airframe), the Lessee Company will replace such Engine hereunder by complying with the terms of Section 7(e4.03(e) and any payments received by the Lessor Indenture Trustee or the Lessee Company from such government with respect to such requisition shall be paid over to, or retained by, the LesseeCompany.

Appears in 1 contract

Samples: Note Purchase Agreement (Midway Airlines Corp)

Requisition for Use. In the event of a requisition for use by any government during the Term of the Airframe and the Engines, if any, or engines installed on the Airframe, the Lessee shall promptly notify the Lessor of such requisition and all of the Lessee's obligations under this Lease shall continue to the same extent as if such requisition had not occurred except to the extent that the performance or observance of any obligation by the Lessee shall have been prevented or delayed by such requisition, provided that the Lessee's obligations -------- for the payment of money and under Section 9 (except while an assumption of liability by the government of the United States of the scope referred to in Section 5(c) is in effect) shall not be reduced or delayed by such requisition. Any payments received by the Lessor or the Lessee from such government with respect to such requisition of use shall be paid over to, or retained by, the Lessee. In the event of an Event of Loss of an Engine resulting from the requisition for use by a government of such Engine (but not the Airframe), the Lessee will replace such Engine hereunder by complying with the terms of Section 7(e) and any payments received by the Lessor or the Lessee from such government with respect to such requisition shall be paid over to, or retained by, the Lessee.

Appears in 1 contract

Samples: Note Purchase Agreement (Midway Airlines Corp)

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Requisition for Use. In the event of a requisition for use by any government during the Term of the Airframe and the Engines, if any, or engines installed on the Airframe, the Lessee Company shall promptly notify the Lessor Indenture Trustee of such requisition and all of the LesseeCompany's obligations under this Lease Indenture shall continue to the same extent as if such requisition had not occurred except to the extent that the performance or observance of any obligation by the Lessee Company shall have been prevented or delayed by such requisition, provided that the LesseeCompany's -------- obligations -------- for the payment of money and under Section 9 4.05 (except while an assumption of liability by the government of the United States Government of the scope referred to in Section 5(c4.01(c) is in effect) shall not be reduced or delayed by such requisition. Any payments received by the Lessor Indenture Trustee or the Lessee Company from such government with respect to such requisition of use shall be paid over to, or retained by, the LesseeCompany. In the event of an Event of Loss of an Engine resulting from the requisition for use by a government of such Engine (but not the Airframe), the Lessee Company will replace such Engine hereunder by complying with the terms of Section 7(e4.03(e) and any payments received by the Lessor Indenture Trustee or the Lessee Company from such government with respect to such requisition shall be paid over to, or retained by, the LesseeCompany.

Appears in 1 contract

Samples: Note Purchase Agreement (Midway Airlines Corp)

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