year. The rights of any Sublessee or other transferee who receives possession by reason of a transfer permitted by this paragraph (b) (other than the transfer of an Engine which is deemed an Event of Loss) shall be subject and subordinate to, and any Sublease permitted by this paragraph (b) shall be expressly subject and subordinate to, all the terms of this Lease and Lessor's (and so long as the Trust Indenture is in effect, the Indenture Trustee's (as Lessor's assignee) rights to repossess and to void such Sublease upon such repossession, and Lessee shall remain primarily liable hereunder for the performance of all of the terms of this Lease, and the terms of any such Sublease shall not permit any Sublessee to take any action not permitted to be taken by Lessee in this Lease with respect to the Aircraft. No pooling agreement, sublease or other relinquishment of possession of the Airframe or any Engine or Wet Lease shall in any way discharge or diminish any of Lessee's obligations to Lessor hereunder or constitute a waiver of Lessor's rights or remedies hereunder. Lessor agrees, for the benefit of Lessee (and any Sublessee) and for the benefit of any mortgagee or other holder of a security interest in any engine (other than an Engine) owned by Lessee (or any Sublessee), any lessor of any engine (other than an Engine) leased to Lessee (or any Sublessee) and any conditional vendor of any engine (other than an Engine) purchased by Lessee (or any Sublessee) subject to a conditional sale agreement or any other security agreement, that no interest shall be created hereunder in any engine so owned, leased or purchased and that none of Lessor, its successors or assigns will acquire or claim, as against Lessee (or any Sublessee) or any such mortgagee, lessor or conditional vendor or other holder of a security interest or any successor or assignee of any thereof, any right, title or interest in such engine as the result of such engine being installed on the Airframe. Any Wet Lease or similar arrangement under which Lessee maintains operational control of the Aircraft shall not constitute a delivery, transfer or relinquishment of possession of the Aircraft for purposes of this section. Lessor acknowledges that any consolidation or merger of Lessee or conveyance, transfer or lease of all or substantially all of Lessee's assets otherwise permitted by the Operative Documents shall not be prohibited by this Section.
Appears in 6 contracts
Samples: Lease Agreement (Us Airways Inc), Lease Agreement (Us Airways Inc), Lease Agreement (Us Airways Inc)
year. The rights of any Sublessee Lessee or other transferee who receives possession by reason of a transfer permitted by this paragraph (b) (other than the transfer of an Engine which is deemed an Event of Loss) shall be subject and subordinate to, and any Sublease Lease permitted by this paragraph (b) shall be expressly subject and subordinate to, all the terms of this Lease and Lessor's (and so long as the Trust Indenture is in effect, to the Indenture Trustee's (as Lessor's assignee) rights to repossess and to void such Sublease Lease upon such repossession, and Lessee Owner shall remain primarily liable hereunder for the performance of all of the terms of this Lease, Indenture and the terms of any such Sublease Lease shall not permit any Sublessee Lessee to take any action not permitted to be taken by Lessee in this Lease Owner hereunder with respect to the Aircraft. No pooling agreement, lease, sublease or other relinquishment of possession of the Airframe or any Engine or Wet Lease shall in any way discharge or diminish any of LesseeOwner's obligations to Lessor hereunder or constitute a waiver of Lessorthe Indenture Trustee's rights or remedies hereunder. Lessor The Indenture Trustee agrees, for the benefit of Lessee Owner (and any SublesseeLessee) and for the benefit of any mortgagee or other holder of a security interest in any engine (other than an Engine) owned by Lessee Owner (or any SublesseeLessee), any lessor of any engine (other than an Engine) leased to Lessee Owner (or any SublesseeLessee) and any conditional vendor of any engine (other than an Engine) purchased by Lessee Owner (or any SublesseeLessee) subject to a conditional sale agreement or any other security agreement, that no interest shall be created hereunder in any engine so owned, leased or purchased and that none of Lessorthe Indenture Trustee, its successors or assigns will acquire or claim, as against Lessee Owner (or any SublesseeLessee) or any such mortgagee, lessor or conditional vendor or other holder of a security interest or any successor or assignee of any thereof, any right, title or interest in such engine as the result of such engine being installed on the Airframe. Any Wet Lease or similar arrangement under which Lessee Owner maintains operational control of the Aircraft shall not constitute a delivery, transfer or relinquishment of possession of the Aircraft for purposes of this sectionSection. Lessor The Indenture Trustee acknowledges that any consolidation or merger of Lessee Owner or conveyance, transfer or lease of all or substantially all of LesseeOwner's assets otherwise permitted by the Operative Documents shall not be prohibited by this Section.
Appears in 4 contracts
Samples: Indenture and Security Agreement (Us Airways Inc), Owned Aircraft Indenture (Us Airways Inc), Owned Aircraft Indenture (Us Airways Inc)
year. The rights of any Sublessee or other transferee who receives possession by reason of a transfer permitted by this paragraph (b) (other than the transfer of an Engine which is deemed an Event of Loss) shall be subject and subordinate to, and any Sublease permitted by this paragraph (b) shall be expressly subject and subordinate to, all the terms of this Lease and Lessor's (and so long as the Trust Indenture is in effect, the Indenture Trustee's (as Lessor's assignee)) rights to repossess and to void such Sublease upon such repossession, and Lessee shall remain primarily liable hereunder for the performance of all of the terms of this Lease, and the terms of any such Sublease shall not permit any Sublessee to take any action not permitted to be taken by Lessee in this Lease with respect to the Aircraft. No pooling agreement, sublease or other relinquishment of possession of the Airframe or any Engine or Wet Lease shall in any way discharge or diminish any of Lessee's obligations to Lessor hereunder or constitute a waiver of Lessor's rights or remedies hereunder. Lessor agrees, for the benefit of Lessee (and any Sublessee) and for the benefit of any mortgagee or other holder of a security interest in any engine (other than an Engine) owned by Lessee (or any Sublessee), any lessor of any engine (other than an Engine) leased to Lessee (or any Sublessee) and any conditional vendor of any engine (other than an Engine) purchased by Lessee (or any Sublessee) subject to a conditional sale agreement or any other security agreement, that no interest shall be created hereunder in any engine so owned, leased or purchased and that none of Lessor, its successors or assigns will acquire or claim, as against Lessee (or any Sublessee) or any such mortgagee, lessor or conditional vendor or other holder of a security interest or any successor or assignee of any thereof, any right, title or interest in such engine as the result of such engine being installed on the Airframe. Any Wet Lease or similar arrangement under which Lessee maintains operational control of the Aircraft shall not constitute a delivery, transfer or relinquishment of possession of the Aircraft for purposes of this section. Lessor acknowledges that any consolidation or merger of Lessee or conveyance, transfer or lease of all or substantially all of Lessee's assets otherwise permitted by the Operative Documents shall not be prohibited by this Section.
Appears in 2 contracts
Samples: Lease Agreement (Us Airways Inc), Lease Agreement (Us Airways Inc)
year. The rights of any Sublessee Lessee or other transferee who receives possession by reason of a transfer permitted by this paragraph (b) (other than the transfer of an Engine which is deemed an Event of Loss) shall be subject and subordinate to, and any Sublease Lease permitted by this paragraph (b) shall be expressly subject and subordinate to, all the terms of this Lease and Lessor's (and so long as the Trust Indenture is in effect, to the Indenture Trustee's (as Lessor's assignee) rights to repossess and to void such Sublease Lease upon such repossession, and Lessee Owner shall remain primarily liable hereunder for the performance of all of the terms of this Lease, Indenture and the terms of any such Sublease Lease shall not permit any Sublessee Lessee to take any action not permitted to be taken by Lessee in this Lease Owner hereunder with respect to the Aircraft. No pooling agreement, sublease or other relinquishment of possession of the Airframe or any Engine or Wet Lease shall in any way discharge or diminish any of LesseeOwner's obligations to Lessor hereunder or constitute a waiver of Lessorthe Indenture Trustee's rights or remedies hereunder. Lessor The Indenture Trustee agrees, for the benefit of Lessee Owner (and any SublesseeLessee) and for the benefit of any mortgagee or other holder of a security interest in any engine (other than an Engine) owned by Lessee Owner (or any SublesseeLessee), any lessor of any engine (other than an Engine) leased to Lessee Owner (or any SublesseeLessee) and any conditional vendor of any engine (other than an Engine) purchased by Lessee Owner (or any SublesseeLessee) subject to a conditional sale agreement or any other security agreement, that no interest shall be created hereunder in any engine so owned, leased or purchased and that none of Lessorthe Indenture Trustee, its successors or assigns will acquire or claim, as against Lessee Owner (or any SublesseeLessee) or any such mortgagee, lessor or conditional vendor or other holder of a security interest or any successor or assignee of any thereof, any right, title or interest in such engine as the result of such engine being installed on the Airframe. Any Wet Lease or similar arrangement under which Lessee Owner maintains operational control of the Aircraft shall not constitute a delivery, transfer or relinquishment of possession of the Aircraft for purposes of this sectionSection. Lessor The Indenture Trustee acknowledges that any consolidation or merger of Lessee Owner or conveyance, transfer or lease of all or substantially all of LesseeOwner's assets otherwise permitted by the Operative Documents shall not be prohibited by this Section.
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