Year HMV Check Airframe Reserve. (i) Pursuant to Section 13.1 of the Lease, Lessee shall pay to Lessor ***** per Rent Period (the then current balance of all such payments received from Lessee and held by Lessor, net of disbursements made pursuant to this Appendix 2D, is hereinafter referred to as the “6 Year HMV Check Airframe Reserve”). (ii) Subject to the conditions and exclusions contained in this Appendix 2D, Lessor will reimburse Lessee (or, at Lessee’s written instruction, pay on behalf of Lessee) from the 6 Year HMV Check Airframe Reserve the amount then currently held by Lessor in the 6 Year HMV Check Airframe Reserve as of the date of commencement of such 6 Year HMV Check (all such qualifying expenses are hereinafter referred to as “6 Year HMV Check Airframe Reimbursable Expenses”), provided that at the time of completion of such 6 Year HMV Check, the Tasks accomplished during such 6 Year HMV Check shall have included, as a minimum, (a) each six (6) year or seventy-two (72) month Task, (b) each Task that has an initial or repetitive interval of (i) twenty (20) calendar months or less, (ii) six thousand (6,000) Flight Hours or less, (iii) four thousand five hundred Cycles or less, and (iv) three thousand (3,000) APU Hours or less, and (c) the rectification of each defect discovered during the accomplishment of such Tasks set forth herein. Notwithstanding the preceding, except for the Final Check if the Manufacturer approves an extension of time for Lessee to accomplish the rectification of any defect solely due to lead time required by the Manufacturer to provide (x) any necessary parts, or (y) any necessary engineering, such extension of time will not prevent Lessee from claiming the 6 Year HMV Check Reimbursable Expenses, and in any event, any such defect must be rectified, in conformance with the requirements of this Lease, not later than the Termination Date and Lessee shall not claim any additional reimbursement for such rectification.
Appears in 2 contracts
Samples: Aircraft Lease Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.), Aircraft Lease Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.)
Year HMV Check Airframe Reserve. (i) Pursuant to Section 13.1 of the Lease, Lessee shall pay to Lessor ***** per Rent Period Calendar Month (the then current balance of all such payments received from Lessee and held by Lessor, net of disbursements made pursuant to this Appendix 2DXxxxxxxx 0X, is hereinafter referred to as the “6 12 Year HMV Check Airframe Reserve”).
(ii) Subject to the conditions and exclusions contained in this Appendix 2D2C, Lessor will reimburse Lessee (or, at Lessee’s written instruction, pay on behalf of Lessee) from the 6 12 Year HMV Check Airframe Reserve the amount then currently held by Lessor in the 6 12 Year HMV Check Airframe Reserve as of the date of commencement of such 6 12 Year HMV Check (all such qualifying expenses are hereinafter referred to as “6 12 Year HMV Check Airframe Reimbursable Expenses”), provided that at the time of completion of such 6 12 Year HMV Check, the Tasks accomplished during such 6 12 Year HMV Check shall have included, as a minimum, (a) each six twelve (612) year or seventyone hundred forty-two four (72144) month Task, (b) each Task that has an initial or a repetitive interval of (i) twenty (20) calendar months or less, (ii) six thousand (6,000) ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. Flight Hours or less, (iii) four thousand five hundred (4,500) Cycles or less, and (iv) three thousand (3,000) APU Hours or less, and (c) the rectification of each defect discovered during the accomplishment of such Tasks set forth herein. Notwithstanding the preceding, except for the Final Check if the Manufacturer approves an extension of time for Lessee to accomplish the rectification of any defect solely due to lead time required by the Manufacturer to provide (x) any necessary parts, or (y) any necessary engineering, such extension of time will not prevent Lessee from claiming the 6 12 Year HMV Check Reimbursable Expenses, and in any event, any such defect must be rectified, in conformance with the requirements of this Lease, not later than the Termination Date and Lessee shall not claim any additional reimbursement for such rectification.
(iii) Notwithstanding anything to the contrary in the preceding clause (ii), solely with respect to the first 12 Year HMV Check to be accomplished by Lessee following the Delivery Date, in addition to the amount paid by Lessee with respect to the 12 Year HMV Check Airframe Reserve, Lessor shall reimburse Lessee, or pay Lessee’s maintenance provider as directed by Lessee, the lesser of:
(a) the amount by which (I) the 12 Year HMV Check Airframe Reimbursable Expenses incurred during the first 12 Year HMV Check accomplished following the Delivery Date exceeds (II) the amount that Lessee was required under this Lease to pay with respect to the 12 Year HMV Check Airframe Reserve with respect to the Aircraft; or
(b) the amount equal to the 12 Year HMV Check Airframe Reserve Rate set forth in clause (i) above (as of the Delivery Date and without adjustment for inflation) multiplied by the number of months (prorated for partial months of operation) accumulated since the later of the date that the Aircraft was delivered new to the Prior Operator or the date of completion of the most recent 12 Year HMV Check accomplished on the Aircraft at the time of Delivery.
Appears in 1 contract
Samples: Aircraft Lease Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.)
Year HMV Check Airframe Reserve. (i) Pursuant to Section 13.1 of the Lease, Lessee shall pay to Lessor ***** per Rent Period (the then current balance of all such payments received from Lessee and held by Lessor, net of disbursements made pursuant to this Appendix 2D, is hereinafter referred to as the “6 12 Year HMV Check Airframe Reserve”).
(ii) Subject to the conditions and exclusions contained in this Appendix 2D, Lessor will reimburse Lessee (or, at Lessee’s written instruction, pay on behalf of Lessee) from the 6 12 Year HMV Check Airframe Reserve the amount then currently held by Lessor in the 6 12 Year HMV Check Airframe Reserve as of the date of commencement of such 6 12 Year HMV Check (all such qualifying expenses are hereinafter referred to as “6 12 Year HMV Check Airframe Reimbursable Expenses”), provided that at the time of completion of such 6 12 Year HMV Check, the Tasks accomplished during such 6 12 Year HMV Check shall have included, as a minimum, (a) each six twelve (612) year or seventyone hundred forty-two four (72144) month Task, (b) each Task that has an initial or a repetitive interval of (i) twenty (20) calendar months or less, (ii) six thousand (6,000) Flight Hours or less, (iii) four thousand five hundred (4,500) Cycles or less, and (iv) three ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. thousand (3,000) APU Hours or less, and (c) the rectification of each defect discovered during the or accomplishment of such Tasks set forth herein. Notwithstanding the preceding, except for the Final Check if the Manufacturer approves an extension of time for Lessee to accomplish the rectification of any defect solely due to lead time required by the Manufacturer to provide (x) any necessary parts, or (y) any necessary engineering, such extension of time will not prevent Lessee from claiming the 6 12 Year HMV Check Reimbursable Expenses, and in any event, any such defect must be rectified, in conformance with the requirements of this Lease, not later than the Termination Date and Lessee shall not claim any additional reimbursement for such rectification.
Appears in 1 contract
Samples: Aircraft Lease Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.)
Year HMV Check Airframe Reserve. (i) Pursuant to Section 13.1 of the Lease, Lessee shall pay to Lessor ***** per Rent Period (the then current balance of all such payments received from Lessee and held by Lessor, net of disbursements made pursuant to this Appendix 2D, is hereinafter referred to as the “6 12 Year HMV Check Airframe Reserve”).
(ii) Subject to the conditions and exclusions contained in this Appendix 2D, Lessor will reimburse Lessee (or, at Lessee’s written instruction, pay on behalf of Lessee) from the 6 12 Year HMV Check Airframe Reserve the amount then currently held by Lessor in the 6 12 Year HMV Check Airframe Reserve as of the date of commencement of such 6 12 Year HMV Check (all such qualifying expenses are hereinafter referred to as “6 12 Year HMV Check Airframe Reimbursable Expenses”), provided that at the time of completion of such 6 12 Year HMV Check, the Tasks accomplished during such 6 12 Year HMV Check shall have included, as a minimum, (a) each six twelve (612) year or seventyone hundred forty-two four (72144) month Task, (b) each Task that has an initial or a repetitive interval of (i) twenty (20) calendar months or less, (ii) six thousand (6,000) Flight Hours or less, (iii) four thousand five hundred (4,500) Cycles or less, and (iv) three ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. thousand (3,000) APU Hours or less, and (c) the rectification of each defect discovered during the accomplishment of such Tasks set forth herein. Notwithstanding the preceding, except for the Final Check if the Manufacturer approves an extension of time for Lessee to accomplish the rectification of any defect solely due to lead time required by the Manufacturer to provide (x) any necessary parts, or (y) any necessary engineering, such extension of time will not prevent Lessee from claiming the 6 12 Year HMV Check Reimbursable Expenses, and in any event, any such defect must be rectified, in conformance with the requirements of this Lease, not later than the Termination Date and Lessee shall not claim any additional reimbursement for such rectification.
Appears in 1 contract
Samples: Aircraft Lease Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.)
Year HMV Check Airframe Reserve. (i) Pursuant to Section 13.1 of the Lease, Lessee shall pay to Lessor ***** per Rent Period Calendar Month (the then current balance of all such payments received from Lessee and held by Lessor, net of disbursements made pursuant to this Appendix 2DXxxxxxxx 0X, is hereinafter referred to as the “6 Year HMV Check Airframe Reserve”).
(ii) Subject to the conditions and exclusions contained in this Appendix 2D2C, Lessor will reimburse Lessee (or, at Lessee’s written instruction, pay on behalf of Lessee) from the 6 Year HMV Check Airframe Reserve the amount then currently held by Lessor in the 6 Year HMV Check Airframe Reserve as of the date of commencement of such 6 Year HMV Check (all such qualifying expenses are hereinafter referred to as “6 Year HMV Check Airframe Reimbursable Expenses”), provided that at the time of completion of such 6 Year HMV Check, the Tasks accomplished during such 6 Year HMV Check shall have included, as a minimum, (a) each six (6) year or seventy-two (72) month Task, (b) each Task that has an initial or repetitive interval of (i) twenty (20) calendar months or less, (ii) six thousand (6,000) Flight Hours or less, (iii) four thousand five hundred Cycles or less, and (iv) three thousand (3,000) APU Hours or less, and (c) the rectification of each defect discovered during the accomplishment of such Tasks set forth herein. Notwithstanding the preceding, except for the Final Check if the Manufacturer approves an extension of time for Lessee to accomplish the rectification of any defect solely due to lead time required by the Manufacturer to provide (x) any necessary parts, or (y) any necessary engineering, such extension of time will not prevent Lessee from claiming the 6 Year HMV Check Reimbursable Expenses, and in any event, any such defect must be rectified, in conformance with the requirements of this Lease, not later than the Termination Date and Lessee shall not claim any additional reimbursement for such rectification.
(iii) Notwithstanding anything to the contrary in the preceding clause (ii), solely with respect to the first 6 Year HMV Check to be accomplished by Lessee following the Delivery Date, in addition to the amount paid by Lessee with respect to the 6 Year HMV Check Airframe Reserve, Lessor shall reimburse Lessee, or pay Lessee’s maintenance provider as directed by Lessee, the lesser of:
(a) the amount by which (I) the 6 Year HMV Check Airframe Reimbursable Expenses incurred during the first 6 Year HMV Check accomplished following the Delivery Date exceeds (II) the amount that Lessee was required under this Lease to pay with respect to the 6 Year HMV Check Airframe Reserve with respect to the Aircraft; or
(b) the amount equal to the 6 Year HMV Check Airframe Reserve Rate set forth in clause (i) above (as of the Delivery Date and without adjustment for inflation) multiplied by the number of months (prorated for partial months of operation) accumulated since the later of the date that the Aircraft was delivered new to the Prior Operator or the date of completion of the most recent 6 Year HMV Check accomplished on the Aircraft at the time of Delivery.
(i) Pursuant to Section 13.1 of the Lease, Lessee shall pay to Lessor ***** per Calendar Month (the then current balance of all such payments received from Lessee and held by Lessor, net of disbursements made pursuant to this Xxxxxxxx 0X, is hereinafter referred to as the “12 Year HMV Check Airframe Reserve”).
(ii) Subject to the conditions and exclusions contained in this Appendix 2C, Lessor will reimburse Lessee (or, at Lessee’s written instruction, pay on behalf of Lessee) from the 12 Year HMV Check Airframe Reserve the amount then currently held by Lessor in the 12 Year HMV Check Airframe Reserve as of the date of commencement of such 12 Year HMV Check (all such qualifying expenses are hereinafter referred to as “12 Year HMV Check Airframe Reimbursable Expenses”), provided that at the time of completion of such 12 Year HMV Check, the Tasks accomplished during such 12 Year HMV Check shall have included, as a minimum, (a) each twelve (12) year or one hundred forty-four (144) month Task, (b) each Task that has a repetitive interval of (i) twenty (20) calendar months or less, (ii) six thousand (6,000) Flight Hours or less, (iii) four thousand five hundred (4,500) Cycles or less, and (iv) three thousand (3,000) APU Hours or less, and (c) the rectification of each defect discovered during the accomplishment of such Tasks set forth herein. Notwithstanding the preceding, except for the Final Check if the Manufacturer approves an extension of time for Lessee to accomplish the rectification of any defect solely due to lead time required by the Manufacturer to provide (x) any necessary parts, or (y) any necessary engineering, such extension of time will not prevent Lessee from claiming the 12 Year HMV Check Reimbursable Expenses, and in any event, any such defect must be rectified, in conformance with the requirements of this Lease, not later than the Termination Date and Lessee shall not claim any additional reimbursement for such rectification.
(iii) Notwithstanding anything to the contrary in the preceding clause (ii), solely with respect to the first 12 Year HMV Check to be accomplished by Lessee following the Delivery Date, in addition to the amount paid by Lessee with respect to the 12 Year HMV Check Airframe Reserve, Lessor shall reimburse Lessee, or pay Lessee’s maintenance provider as directed by Lessee, the lesser of:
(a) the amount by which (I) the 12 Year HMV Check Airframe Reimbursable Expenses incurred during the first 12 Year HMV Check accomplished following the Delivery Date exceeds (II) the amount that Lessee was required under this Lease to pay with respect to the 12 Year HMV Check Airframe Reserve with respect to the Aircraft; or
(b) the amount equal to the 12 Year HMV Check Airframe Reserve Rate set forth in clause (i) above (as of the Delivery Date and without adjustment for inflation) multiplied by the number of months (prorated for partial months of operation) accumulated since the later of the date that the Aircraft was delivered new to the Prior Operator or the date of completion of the most recent 12 Year HMV Check accomplished on the Aircraft at the time of Delivery. ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission.
2. Maintenance Reserves - Engines
Appears in 1 contract
Samples: Aircraft Lease Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.)
Year HMV Check Airframe Reserve. (i) Pursuant to Section 13.1 of the Lease, Lessee shall pay to Lessor ***** per Rent Period Calendar Month (the then current balance of all such payments received from Lessee and held by Lessor, net of disbursements made pursuant to this Appendix 2DXxxxxxxx 0X, is hereinafter referred to as the “6 Year HMV Check Airframe Reserve”).
(ii) Subject to the conditions and exclusions contained in this Appendix 2D2C, Lessor will reimburse Lessee (or, at Lessee’s written instruction, pay on behalf of Lessee) from the 6 Year HMV Check Airframe Reserve the amount then currently held by Lessor in the 6 Year HMV Check Airframe Reserve as of the date of commencement of such 6 Year HMV Check (all such qualifying expenses are hereinafter referred to as “6 Year HMV Check Airframe Reimbursable Expenses”), provided that at the time of completion of such 6 Year HMV Check, the Tasks accomplished during such 6 Year HMV Check shall have included, as a minimum, (a) each six (6) year or seventy-two (72) month Task, (b) each Task that has an initial or repetitive interval of (i) twenty (20) calendar months or less, (ii) six thousand (6,000) Flight Hours or less, (iii) four thousand five hundred Cycles or less, and (iv) three thousand (3,000) APU Hours or less, and (c) the rectification of each defect discovered during the accomplishment of such Tasks set forth herein. Notwithstanding the preceding, except for the Final Check if the Manufacturer approves an extension of time for Lessee to accomplish the rectification of any defect solely due to lead time required by the Manufacturer to provide (x) any necessary parts, or (y) any necessary engineering, such extension of time will not prevent Lessee from claiming the 6 Year HMV Check Reimbursable Expenses, and in any event, any such defect must be rectified, in conformance with the requirements of this Lease, not later than the Termination Date and Lessee shall not claim any additional reimbursement for such rectification.
Appears in 1 contract
Samples: Aircraft Lease Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.)