Return of the Aircraft. (a) On the last Business Day of the ---------------------- Term (or such earlier date as this Lease may be terminated pursuant to Section 18 hereof) (the "Redelivery Date") all of the terms of this Section 5 shall apply and the Lessee at its expense will return the Aircraft to the Lessor by delivering the same, at the Lessee's own risk and expense, to the Lessee's maintenance facilities at Helsinki-Vantaa Airport, Finland (the "Redelivery Location"), fully equipped with all Engines installed thereon. In the event that any engine not an Engine shall be delivered with the returned Airframe as set forth herein in connection with the termination of the Lease, all engines then installed on the Airframe shall be of the same or another manufacturer of the same or an improved model and suitable for use on the Airframe but all of the same make and model and the Lessee, concurrently with such delivery, will, at its own expense and at no cost or expense to the Lessor, furnish the Lessor with a full warranty bill of sale from the Lessee, in form and substance satisfactory to the Lessor, with respect to such engine, and with an opinion of the Lessee's in house counsel to the effect that, upon such return, the Lessor will acquire good and marketable title to such engine free and clear of all rights of third parties under pooling, interchange, overhaul, repair and other arrangements and all other Liens (other than Lessor Liens), and the Lessee shall take such other action as the Lessor shall reasonably request, and thereupon the Lessor shall transfer to the Lessee, "as-is", "where-is", free and clear of all Lessor Liens, but otherwise without recourse or warranty (all as described in the first sentence of paragraph (vi) of Section 4(1)), except that appropriate changes shall be made to the references to the parties and to accommodate a sale and purchase rather than a lease), its title, if any, to such Engine not installed on the Airframe at the time of its return. The Lessor shall, subject to the terms and on the conditions of this Section 5, accept return of the Aircraft from the Lessee by executing and delivering to the Lessee a Redelivery Receipt of Aircraft and Engines, substantially in the form of Exhibit B hereto, not later than 3:30 p.m. local time on the Redelivery Date. At the Lessor's direction, the Lessee will (1) store the Aircraft out-of-doors at the Redelivery Location or out-of-doors at another location in Europe utilized for the storage and maintenance of the Lessee's aircraft, selected by the Lessee, in each case, at the Lessor's risk and the Lessee's expense for a period not to exceed ninety (90) days; or (2) on the Redelivery Date or at the end of the storage period referred to in the preceding clause (1), ferry the Aircraft at the Lessee's sole expense (including the cost of insurance of the type and in the amounts required during the Term under Section 11 hereof) to any airport in Europe selected by the Lessor, or to any other location selected by the Lessor at the Lessor's sole risk and expense, provided, however, that the -------- ------- Aircraft remains registered in Finland at all times during which it is under the Lessee's operational control. During such storage period, the Lessee will, during normal business hours, permit authorized representatives of the Lessor, each Owner Participant and any prospective purchaser or user of the Aircraft or any part thereof to inspect the same at all reasonable times and in any event without interfering with the Lessee's normal operations, it being understood and agreed that all such inspections shall be at the Lessor's risk and the Lessee shall have no obligation or liability whatsoever in any way relating to any such inspection other than the obligation to permit inspection of the Aircraft as provided in this sentence. Upon such return, and at the Lessee's sole expense:
Appears in 1 contract
Samples: Operating Lease Agreement (Airfund International Limited Partnership)
Return of the Aircraft. (a) On the last Business Day of the ---------------------- Term (or such earlier date as this Lease may be terminated pursuant to Section 18 hereof) (the "Redelivery Date") all of the terms of this Section 5 shall apply and the Lessee at its expense will return the Aircraft to the Lessor by delivering the same, at the Lessee's own risk and expense, to the Lessee's maintenance facilities at Helsinki-Vantaa Airport, Finland (the "Redelivery Location"), fully equipped with all Engines installed thereon. In the event that any engine not an Engine shall be delivered with the returned Airframe as set forth herein in connection with the termination of the Lease, all engines then installed on the Airframe shall be of the same or another manufacturer of the same or an improved model and suitable for use on the Airframe but all of the same make and model and the Lessee, concurrently with such delivery, will, at its own expense and at no cost or expense to the Lessor, furnish the Lessor with a full warranty bill of sale from the Lessee, in form and substance satisfactory to the Lessor, with respect to such engine, and with an opinion of the Lessee's in house counsel to the effect that, upon such return, the Lessor will acquire good and marketable title to such engine free and clear of all rights of third parties under pooling, interchange, overhaul, repair and other arrangements and all other Liens (other than Lessor Liens), and the Lessee shall take such other action as the Lessor shall reasonably request, and thereupon the Lessor shall transfer to the Lessee, "as-is", "where-is", free and clear of all Lessor Liens, but otherwise without recourse or warranty (all as described in the first sentence of paragraph (vi) of Section 4(1)4(b), except that appropriate changes shall be made to the references to the parties and to accommodate a sale and purchase rather than a lease), its title, if any, to such Engine not installed on the Airframe at the time of its return. The Lessor shall, subject to the terms and on the conditions of this Section 5, accept return of the Aircraft from the Lessee by executing and delivering to the Lessee a Redelivery Receipt of Aircraft and Engines, substantially in the form of Exhibit B hereto, not later than 3:30 p.m. local time on the Redelivery Date. At the Lessor's direction, the Lessee will (1) store the Aircraft out-of-doors at the Redelivery Location or out-of-doors at another location in Europe utilized for the storage and maintenance of the Lessee's aircraft, selected by the Lessee, in each case, at the Lessor's risk and the Lessee's expense for a period not to exceed ninety (90) days; or (2) on the Redelivery Date or at the end of the storage period referred to in the preceding clause (1), ferry the Aircraft at the Lessee's sole expense (including the cost of insurance of the type and in the amounts required during the Term under Section 11 hereof) to any airport in Europe selected by the Lessor, or to any other location selected by the Lessor at the Lessor's sole risk and expense, provided, however, that the -------- ------- Aircraft remains registered in Finland at all times during which it is under the Lessee's operational control. During such storage period, the Lessee will, during normal business hours, permit authorized representatives of the Lessor, each Owner Participant and any prospective purchaser or user of the Aircraft or any part thereof to inspect the same at all reasonable times and in any event without interfering with the Lessee's normal operations, it being understood and agreed that all such inspections shall be at the Lessor's risk and the Lessee shall have no obligation or liability whatsoever in any way relating to any such inspection other than the obligation to permit inspection of the Aircraft as provided in this sentence. Upon such return, and at the Lessee's sole expense:
Appears in 1 contract
Return of the Aircraft. (a) On the last Business Day of the ---------------------- Term (or such earlier date as this Lease may be terminated pursuant to Section 18 hereof) (the "Redelivery Date") all of the terms of this Section 5 shall apply and the Lessee at its expense will return the Aircraft to the Lessor by delivering the same, at the Lessee's own risk and expense, to the Lessee's maintenance facilities at Helsinki-Vantaa Airport, Finland (the "Redelivery Location"), fully equipped with all Engines installed thereon. In the event that any engine not an Engine shall be delivered with the returned Airframe as set forth herein in connection with the termination of the Lease, all engines then installed on the Airframe shall be of the same or another manufacturer of the same or an improved model and suitable for use on the Airframe but all of the same make and model and the Lessee, concurrently with such delivery, will, at its own expense and at no cost or expense to the Lessor, furnish the Lessor with a full warranty bill of sale from the Lessee, in form and substance satisfactory to the Lessor, with respect to such engine, and with an opinion of the Lessee's in house counsel to the effect that, upon such return, the Lessor will acquire good and marketable title to such engine free and clear of all rights of third parties under pooling, interchange, overhaul, repair and other arrangements and all other Liens (other than Lessor Liens), and the Lessee shall take such other action as the Lessor shall reasonably request, and thereupon the Lessor shall transfer to the Lessee, "as-is", "where-is", free and clear of all Lessor Liens, but otherwise without recourse or warranty (all as described in the first sentence of paragraph (vi) of Section 4(1)4(b), except that appropriate changes shall be made to the references to the parties and to accommodate a sale and purchase rather than a lease), its title, if any, to such Engine not installed on the Airframe at the time of its return. The Lessor shall, subject to the terms and on the conditions of this Section 5, accept return of the Aircraft from the Lessee by executing and delivering to the Lessee a Redelivery Receipt of Aircraft and Engines, substantially in the form of Exhibit B hereto, not later than 3:30 p.m. local time on the Redelivery Date. At the Lessor's direction, the Lessee will (1) store the Aircraft out-of-doors at the Redelivery Location or out-of-doors at another location in Europe utilized for the storage and maintenance of the Lessee's aircraft, selected by the Lessee, in each case, at the Lessor's risk and the Lessee's expense for a period not to exceed ninety (90) days; or (2) on the Redelivery Date or at the end of the storage period referred to in the preceding clause (1), ferry the Aircraft at the Lessee's sole expense (including the cost of insurance of the type and in the amounts required during the Term under Section 11 hereof) to any airport in Europe selected by the Lessor, or to any other location selected by the Lessor at the Lessor's sole risk and expense, provided, however, that the -------- ------- Aircraft remains registered in -------- ------- Finland at all times during which it is under the Lessee's operational control. During such storage period, the Lessee will, during normal business hours, permit authorized representatives of the Lessor, each Owner Participant and any prospective purchaser or user of the Aircraft or any part thereof to inspect the same at all reasonable times and in any event without interfering with the Lessee's normal operations, it being understood and agreed that all such inspections shall be at the Lessor's risk and the Lessee shall have no obligation or liability whatsoever in any way relating to any such inspection other than the obligation to permit inspection of the Aircraft as provided in this sentence. Upon such return, and at the Lessee's sole expense:
Appears in 1 contract
Samples: Operating Lease Agreement (Airfund International Limited Partnership)
Return of the Aircraft. (a) On the last Business Day of the ---------------------- Term (or such earlier date as this Lease may be terminated pursuant to Section 18 hereof) (the "Redelivery Date") all of the terms of this Section 5 shall apply and the Lessee at its expense will return the Aircraft to the Lessor by delivering the same, at the Lessee's own risk and expense, to the Lessee's maintenance facilities at Helsinki-Vantaa Airport, Finland (the "Redelivery Location"), fully equipped with all Engines installed thereon. In the event that any engine not an Engine shall be delivered with the returned Airframe as set forth herein in connection with the termination of the Lease, all engines then installed on the Airframe shall be of the same or another manufacturer of the same or an improved model and suitable for use on the Airframe but all of the same make and model and the Lessee, concurrently with such delivery, will, at its own expense and at no cost or expense to the Lessor, furnish the Lessor with a full warranty bill of sale from the Lessee, in form and substance satisfactory to the Lessor, with respect to such engine, and with an opinion of the Lessee's in house counsel to the effect that, upon such return, the Lessor will acquire good and marketable title to such engine free and clear of all rights of third parties under pooling, interchange, overhaul, repair and other arrangements and all other Liens (other than Lessor Liens), and the Lessee shall take such other action as the Lessor shall reasonably request, and thereupon the Lessor shall transfer to the Lessee, "as-is", "where-is", free and clear of all Lessor Liens, but otherwise without recourse or warranty (all as described in the first sentence of paragraph (vi) of Section 4(1)4(b), except that appropriate changes shall be made to the references to the parties and to accommodate a sale and purchase rather than a lease), its title, if any, to such Engine not installed on the Airframe at the time of its return. The Lessor shall, subject to the terms and on the conditions of this Section 5, accept return of the Aircraft from the Lessee by executing and delivering to the Lessee a Redelivery Receipt of Aircraft and Engines, substantially in the form of Exhibit B hereto, not later than 3:30 p.m. local time on the Redelivery Date. At the Lessor's direction, the Lessee will (1) store the Aircraft out-of-of doors at the Redelivery Location or out-of-doors at another location in Europe utilized for the storage and maintenance of the Lessee's aircraft, selected by the Lessee, in each case, at the Lessor's risk and the Lessee's expense for a period not to exceed ninety (90) days; or (2) on the Redelivery Date or at the end of the storage period referred to in the preceding clause (1), ferry the Aircraft at the Lessee's sole expense (including the cost of insurance of the type and in the amounts required during the Term under Section 11 hereof) to any airport in Europe selected by the Lessor, or to any other location selected by the Lessor at the Lessor's sole risk and expense, provided, however, that the -------- ------- Aircraft remains registered in Finland at all times during which it is under the Lessee's operational control. During such storage period, the Lessee will, during normal business hours, permit authorized representatives of the Lessor, each Owner Participant and any prospective purchaser or user of the Aircraft or any part thereof to inspect the same at all reasonable times and in any event without interfering with the Lessee's normal operations, it being understood and agreed that all such inspections shall be at the Lessor's risk and the Lessee shall have no obligation or liability whatsoever in any way relating to any such inspection other than the obligation to permit inspection of the Aircraft as provided in this sentence. Upon such return, and at the Lessee's sole expense:
Appears in 1 contract
Samples: Operating Lease Agreement (American Income Fund I-E)