Common use of TERMINATION BY REASON OF NON-ASSUMPTION EVENT Clause in Contracts

TERMINATION BY REASON OF NON-ASSUMPTION EVENT. (i) Lessor shall have the right (exercisable by the giving by Lessor to Lessee of at least two (2) days' prior written notice specifying the date on which this Lease shall terminate pursuant to this SECTION 8(c)) to terminate this Lease at any time during the Term if at such time a Non-Assumption Event shall have occurred and be continuing. If this Lease terminates pursuant to this SECTION 8(c), Lessor shall have the rights and remedies, and Lessee shall have the obligations, in each case, that are specified in clauses (a) through (f) of SECTION 18 (with the same effect as if an Event of Default had occurred and was continuing). Lessee hereby waives any right, whether at law or in equity, or otherwise existing or arising, to stay, enjoin or otherwise restrict or impede the exercise by Lessor of any such right or remedy of Lessor. (ii) As used herein, "NON-ASSUMPTION EVENT" means that (a) this Lease shall not have been assumed by Lessee, by confirmation of a plan of re-organization providing for such assumption or by separate court order, within 180 days after the commencement with respect to Lessee of a case under Chapter 11 of Title 11 of the United States Code (or any successor provision of any successor statute) (any such case being referred to as a "CHAPTER 11 CASE"), or (b) any Other Aircraft Lease shall not have been assumed by Lessee or the other Person that is the lessee or sublessee under such Other Aircraft Lease, by confirmation of a plan of re-organization providing for such assumption or by separate court order, within 180 days after the commencement with respect to Lessee or such other Person of a Chapter 11 Case.

Appears in 1 contract

Samples: Aircraft Lease Amendment (Atlas Air Worldwide Holdings Inc)

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TERMINATION BY REASON OF NON-ASSUMPTION EVENT. (i) Lessor shall have the right (exercisable by the giving by Lessor to Lessee of at least two (2) days' prior written notice specifying the date on which this Lease shall terminate pursuant to this SECTION 8(c9(e)) to terminate this Lease at any time during the Term if at such time a Non-Assumption Event shall have occurred and be continuing. If this Lease terminates pursuant to this SECTION 8(c9(e), Lessor shall have the rights and remedies, and Lessee shall have the obligations, in each case, that are specified in clauses (a) through (fe) of SECTION 18 15 (with the same effect as if an Event of Default had occurred and was continuing). Lessee hereby waives any right, whether at law or in equity, or otherwise existing or arising, to stay, enjoin or otherwise restrict or impede the exercise by Lessor of any such right or remedy of Lessor. (ii) As used herein, "NON-ASSUMPTION EVENT" means that (a) this Lease shall not have been assumed by Lessee, by confirmation of a plan of re-organization providing for such assumption or by separate court order, within 180 days after the commencement with respect to Lessee of a case under Chapter 11 of Title 11 of the United States Code (or any successor provision of any successor statute) (any such case being referred to as a "CHAPTER 11 CASE"), or (b) any Other Aircraft Lease Lease, shall not have been assumed by Lessee or the other Person that is the lessee or sublessee under such Other Aircraft Lease, by confirmation of a plan of re-organization providing for such assumption or by separate court order, within 180 days after the commencement with respect to Lessee or such other Person of a Chapter 11 Case.

Appears in 1 contract

Samples: Amendment Agreement (Atlas Air Worldwide Holdings Inc)

TERMINATION BY REASON OF NON-ASSUMPTION EVENT. (i) Lessor shall have the right (exercisable by the giving by Lessor to Lessee of at least two (2) days' days prior written notice specifying the date on which this Lease shall terminate pursuant to this SECTION 8(c9(e)) to terminate this Lease at any time during the Term if at such time a Non-Assumption Event shall have occurred and be continuing. If this Lease terminates pursuant to this SECTION 8(c9(e), Lessor shall have the rights and remedies, and Lessee shall have the obligations, in each case, that are specified in clauses (a) through (fe) of SECTION 18 15 (with the same effect as if an Event of Default had occurred and was continuing). Lessee hereby waives any right, whether at law or in equity, or otherwise existing or arising, to stay, enjoin or otherwise restrict or impede the exercise by Lessor of any such right or remedy of Lessor. (ii) As used herein, "NON-ASSUMPTION EVENT" means that (a) this Lease shall not have been assumed by Lessee, by confirmation of a plan of re-organization providing for such assumption or by separate court order, within 180 days after the commencement with respect to Lessee of a case under Chapter 11 of Title 11 of the United States Code (or any successor provision of any successor statute) (any such case being referred to as a "CHAPTER 11 CASE"), or (b) any Other Aircraft Lease Lease, shall not have been assumed by Lessee or the other Person that is the lessee or sublessee under such Other Aircraft Lease, by confirmation of a plan of re-organization providing for such assumption or by separate court order, within 180 days after the commencement with respect to Lessee or such other Person of a Chapter 11 Case.

Appears in 1 contract

Samples: Amendment Agreement (Atlas Air Worldwide Holdings Inc)

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TERMINATION BY REASON OF NON-ASSUMPTION EVENT. (i) Lessor Sublessor shall have the right (exercisable by the giving by Lessor Sublessor to Lessee Sublessee of at least two (2) days' prior written notice specifying the date on which this Lease Sublease shall terminate pursuant to this SECTION 8(c9(e)) to terminate this Lease Sublease at any time during the Term if at such time a Non-Assumption Event shall have occurred and be continuing. If this Lease Sublease terminates pursuant to this SECTION 8(c9(e), Lessor Sublessor shall have the rights and remedies, and Lessee Sublessee shall have the obligations, in each case, that are specified in clauses (a) through (fe) of SECTION 18 15 (with the same effect as if an a Sublease Event of Default had occurred and was continuing). Lessee Sublessee hereby waives any right, whether at law or in equity, or otherwise existing or arising, to stay, enjoin or otherwise restrict or impede the exercise by Lessor Sublessor of any such right or remedy of LessorSublessor. (ii) As used herein, "NON-ASSUMPTION EVENT" means that (a) this Lease Sublease shall not have been assumed by LesseeSublessee, by confirmation of a plan of re-organization providing for such assumption or by separate court order, within 180 days after the commencement with respect to Lessee Sublessee of a case under Chapter 11 of Title 11 of the United States Code (or any successor provision of any successor statute) (any such case being referred to as a "CHAPTER 11 CASE"), or (b) any Other Aircraft Lease Lease, shall not have been assumed by Lessee Sublessee or the other Person that is the lessee or sublessee under such Other Aircraft Lease, by confirmation of a plan of re-organization providing for such assumption or by separate court order, within 180 days after the commencement with respect to Lessee Sublessee or such other Person of a Chapter 11 Case.

Appears in 1 contract

Samples: Amendment Agreement (Atlas Air Worldwide Holdings Inc)

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