GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (k)
(k) commencement of the insolvency proceedings means the time at which the insolvency proceedings are deemed to commence under the applicable insolvency law;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (l)
(l) common mark registering authority means the authority maintaining a register in accordance with Article 77 of the Chicago Convention as implemented by the Resolution adopted on 14 December 1967 by the Council of the International Civil Aviation Organization on nationality and registration of aircraft operated by international operating agencies;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (m)
(m) conditional buyer means a buyer under a title reservation agreement;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (n)
(n) conditional seller means a seller under a title reservation agreement;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (o)
(o) contract of sale means a contract for the sale of an aircraft object by a seller to a buyer which is not an agreement as defined in (a) above;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (p)
(p) court means a court of law or an administrative or arbitral tribunal established by a Contracting State;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (q)
(q) creditor means a chargee under a security agreement, a conditional seller under a title reservation agreement or a lessor under a leasing agreement;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (r)
(r) debtor means a chargor under a security agreement, a conditional buyer under a title reservation agreement, a lessee under a leasing agreement or a person whose interest in an aircraft object is burdened by a registrable non-consensual right or interest;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (s)
(s) de-registration of the aircraft means deletion or removal of the registration of the aircraft from its aircraft register in accordance with the Chicago Convention;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (t)
(t) guarantee contract means a contract entered into by a person as guarantor;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (u)
(u) guarantor means a person who, for the purpose of assuring performance of any obligations in favour of a creditor secured by a security agreement or under an agreement, gives or issues a suretyship or demand guarantee or a standby letter of credit or any other form of credit insurance;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (v)
(v) helicopters means heavier-than-air machines (other than those used in military, customs or police services) supported in flight chiefly by the reactions of the air on one or more power-driven rotors on substantially vertical axes and which are type certified by the competent aviation authority to transport: (i) at least five (5) persons including crew; or (ii) goods in excess of 450 kilograms, together with all installed, incorporated or attached accessories, parts and equipment (including rotors), and all data, manuals and records relating thereto;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (w)
(w) insolvency administrator means a person authorised to administer the reorganisation or liquidation, including one authorised on an interim basis, and includes a debtor in possession if permitted by the applicable insolvency law;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (x)
(x) insolvency proceedings means bankruptcy, liquidation or other collective judicial or administrative proceedings, including interim proceedings, in which the assets and affairs of the debtor are subject to control or supervision by a court for the purposes of reorganisation or liquidation;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (y)
(y) insolvency-related event means: (i) the commencement of the insolvency proceedings; or (ii) the declared intention to suspend or actual suspension of payments by the debtor where the creditor’s right to institute insolvency proceedings against the debtor or to exercise remedies under this Convention is prevented or suspended by law or State action;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (ii)
(ii) the declared intention to suspend or actual suspension of payments by the debtor where the creditor’s right to institute insolvency proceedings against the debtor or to exercise remedies under this Convention is prevented or suspended by law or State action;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (z)
(z) interested persons means: (i) the debtor; (ii) any guarantor; (iii) any other person having rights in or over the aircraft object;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (iii)
(iii) any other person having rights in or over the aircraft object;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (aa)
(aa) internal transaction means a transaction of a type listed in Article 2(2)(a) to (c) where the centre of the main interests of all parties to such transaction is situated, and the relevant aircraft object under Article 3(4) is located, in the same Contracting State at the time of the conclusion of the contract and where the interest created by the transaction has been registered in a national registry in that Contracting State which has made a declaration under Article 66(1);
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (bb)
(bb) international interest means an interest held by a creditor to which Article 2 applies;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (cc)
(cc) International Registry means the international registration facilities established for the purposes of this Convention;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (dd)
(dd) leasing agreement means an agreement by which one person (the lessor) grants a right to possession or control of an aircraft object (with or without an option to purchase) to another person (the lessee) in return for a rental or other payment;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (ee)
(ee) national interest means an interest held by a creditor in an aircraft object and created by an internal transaction covered by a declaration under Article 66(1);
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (ff)
(ff) non-consensual right or interest means a right or interest conferred under the law of a Contracting State which has made a declaration under Article 52 to secure the performance of an obligation, including an obligation to a State, State entity or an intergovernmental or private organisation;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (gg)
(gg) “notice of a national interest” means notice registered or to be registered in the International Registry that a national interest has been created;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (hh)
(hh) pre-existing right or interest means a right or interest of any kind in or over an aircraft object created or arising before the effective date of this Convention as defined by Article 76(2)(a);
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (ii)
(ii) primary insolvency jurisdiction means the Contracting State in which the centre of the debtor’s main interests is situated, which for this purpose shall be deemed to be the place of the debtor’s statutory seat or, if there is none, the place where the debtor is incorporated or formed, unless proved otherwise;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (jj)
(jj) proceeds means money or non-money proceeds of an aircraft object arising from the total or partial loss or physical destruction of the aircraft object or its total or partial confiscation, condemnation or requisition;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (kk)
(kk) prospective assignment means an assignment that is intended to be made in the future, upon the occurrence of a stated event, whether or not the occurrence of the event is certain;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (ll)
(ll) prospective international interest means an interest that is intended to be created or provided for in an aircraft object as an international interest in the future, upon the occurrence of a stated event (which may include the debtor’s acquisition of an interest in the aircraft object), whether or not the occurrence of the event is certain;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (mm)
(mm) prospective sale means a sale which is intended to be made in the future, upon the occurrence of a stated event, whether or not the occurrence of the event is certain;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (nn)
(nn) registered means registered in the International Registry pursuant to Chapter V;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (oo)
(oo) registered interest means an international interest, a registrable non-consensual right or interest or a national interest specified in a notice of a national interest registered pursuant to Chapter V;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (pp)
(pp) registrable non-consensual right or interest means a non-consensual right or interest registrable pursuant to a declaration deposited under Article 53;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (qq)
(qq) Registrar means the person or body appointed under Articles 27(4)(b) and 28;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (rr)
(rr) registry authority means the national authority or the common mark registering authority, maintaining an aircraft register in a Contracting State and responsible for the registration and de-registration of an aircraft in accordance with the Chicago Convention;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (ss)
(ss) regulations means regulations made or approved by the Supervisory Authority pursuant to this Convention;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (tt)
(tt) sale means a transfer of ownership of an aircraft object pursuant to a contract of sale;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (uu)
(uu) secured obligation means an obligation secured by a security interest;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (vv)
(vv) security agreement means an agreement by which a chargor grants or agrees to grant to a chargee an interest (including an ownership interest) in or over an aircraft object to secure the performance of any existing or future obligation of the chargor or a third person;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (ww)
(ww) security interest means an interest created by a security agreement;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (xx)
(xx) State of registry means, in respect of an aircraft, the State on the national register of which an aircraft is entered or the State of location of the common mark registering authority maintaining the aircraft register;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (yy)
(yy) Supervisory Authority means the Supervisory Authority referred to in Article 27;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (zz)
(zz) title reservation agreement means an agreement for the sale of an aircraft object on terms that ownership does not pass until fulfilment of the condition or conditions stated in the agreement;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (aaa)
(aaa) unregistered interest means a consensual interest or non-consensual right or interest (other than an interest to which Article 52 applies) which has not been registered, whether or not it is registrable under this Convention; and
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (bbb)
(bbb) writing means a record of information (including information communicated by teletransmission) which is in tangible or other form and is capable of being reproduced in tangible form on a subsequent occasion and which indicates by reasonable means a person’s approval of the record.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 This Convention provides for the constitution and effects of an international interest in aircraft objects and associated rights.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 For the purposes of this Convention, an international interest in aircraft objects is an interest, constituted under Article 10, in airframes, aircraft engines or helicopters: (a) granted by the chargor under a security agreement; (b) vested in a person who is the conditional seller under a title reservation agreement; or (c) vested in a person who is the lessor under a leasing agreement. An interest falling within sub-paragraph (a) does not also fall within sub-paragraph (b) or (c).
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 3
3 The applicable law determines whether an interest to which the preceding paragraph applies falls within sub-paragraph (a), (b) or (c) of that paragraph.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 4
4 An international interest in an aircraft object extends to proceeds of that aircraft object.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 3
3 Without prejudice to paragraph 1 of this Article, this Convention shall also apply in relation to a helicopter, or to an airframe pertaining to an aircraft, registered in an aircraft register of a Contracting State which is the State of registry, and where such registration is made pursuant to an agreement for registration of the aircraft it is deemed to have been effected at the time of the agreement.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 4
4 For the purposes of the definition of internal transaction in Article 1 of this Convention: (a) an airframe is located in the State of registry of the aircraft of which it is a part; (b) an aircraft engine is located in the State of registry of the aircraft on which it is installed or, if it is not installed on an aircraft, where it is physically located; and (c) a helicopter is located in its State of registry, at the time of the conclusion of the agreement creating or providing for the interest.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
The following provisions of this Convention apply as if references to an agreement creating or providing for an international interest were references to a contract of sale and as if references to an international interest, a prospective international interest, the debtor and the creditor were references to a sale, a prospective sale, the seller and the buyer, respectively: Articles 3 and 4; Article 26(1)(a); Article 32(4); Article 33(1) (as regards registration of a contract of sale or a prospective sale); Article 38(2) (as regards a prospective sale); and Article 43. In addition, the general provisions of Article 1, Article 5, Chapters IV to VII, Article 42 (other than Article 42(3) and (4)), Chapter X, Chapter XI (other than Article 55), Chapter XII and Chapter XIII (other than Article 76) shall apply to contracts of sale and prospective sales.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
Article 33(1) (as regards registration of a contract of sale or a prospective sale);
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
Article 38(2) (as regards a prospective sale); and
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
In addition, the general provisions of Article 1, Article 5, Chapters IV to VII, Article 42 (other than Article 42(3) and (4)), Chapter X, Chapter XI (other than Article 55), Chapter XII and Chapter XIII (other than Article 76) shall apply to contracts of sale and prospective sales.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
A person may enter into an agreement or a sale, and register an international interest in, or a sale of, an aircraft object, in an agency, trust or other representative capacity. In such case, that person is entitled to assert rights and interests under this Convention.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
A description of an aircraft object that contains its manufacturer’s serial number, the name of the manufacturer and its model designation is necessary and sufficient to identify the aircraft object for the purposes of Articles 10(c) and 11(1)(c) of this Convention.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 This Article applies only where a Contracting State has made a declaration pursuant to Article 71(1).
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (a)
An interest is constituted as an international interest under this Convention where the agreement creating or providing for the interest: (a) is in writing; (b) relates to an aircraft object of which the chargor, conditional seller or lessor has power to dispose; (c) enables the aircraft object to be identified; and (d) in the case of a security agreement, enables the secured obligations to be determined, but without the need to state a sum or maximum sum secured.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (b)
(b) relates to an aircraft object of which the chargor, conditional seller or lessor has power to dispose;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (c)
(c) enables the aircraft object to be identified; and
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 For the purposes of this Convention, a contract of sale is one which: (a) is in writing; (b) relates to an aircraft object of which the seller has power to dispose; and (c) enables the aircraft object to be identified in conformity with this Convention.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (c)
(c) enables the aircraft object to be identified in conformity with this Convention.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 In the event of default as provided in Article 17, the chargee may, to the extent that the chargor has at any time so agreed and subject to any declaration that may be made by a Contracting State under Article 70, exercise any one or more of the following remedies: (a) take possession or control of any aircraft object charged to it; (b) sell or grant a lease of any such aircraft object; (c) collect or receive any income or profits arising from the management or use of any such aircraft object.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (a)
(a) take possession or control of any aircraft object charged to it;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (b)
(b) sell or grant a lease of any such aircraft object;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (c)
(c) collect or receive any income or profits arising from the management or use of any such aircraft object.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 3
3 A chargee proposing to sell or grant a lease of an aircraft object under paragraph 1 shall give reasonable prior notice in writing of the proposed sale or lease to: (a) interested persons specified in Article 1(z)(i) and (ii); and (b) interested persons specified in Article 1(z)(iii) who have given notice of their rights to the chargee within a reasonable time prior to the sale or lease.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (a)
(a) interested persons specified in Article 1(z)(i) and (ii); and
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (b)
(b) interested persons specified in Article 1(z)(iii) who have given notice of their rights to the chargee within a reasonable time prior to the sale or lease.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 4
4 A chargee giving ten or more working days’ prior written notice of a proposed sale or lease to interested persons shall be deemed to satisfy the requirement of providing “reasonable prior notice” specified in the preceding paragraph. The foregoing shall not prevent a chargee and a chargor or a guarantor from agreeing to a longer period of prior notice.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 At any time after default as provided in Article 17, the chargee and all the interested persons may agree that ownership of (or any other interest of the chargor in) any aircraft object covered by the security interest shall vest in the chargee in or towards satisfaction of the secured obligations.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 The court may on the application of the chargee order that ownership of (or any other interest of the chargor in) any aircraft object covered by the security interest shall vest in the chargee in or towards satisfaction of the secured obligations.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 3
3 The court shall grant an application under the preceding paragraph only if the amount of the secured obligations to be satisfied by such vesting is commensurate with the value of the aircraft object after taking account of any payment to be made by the chargee to any of the interested persons.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 4
4 At any time after default as provided in Article 17 and before sale of the charged aircraft object or the making of an order under paragraph 2, the chargor or any interested person may discharge the security interest by paying in full the amount secured, subject to any lease granted by the chargee under Article 12(1)(b) or ordered under Article 12(2). Where, after such default, the payment of the amount secured is made in full by an interested person other than the debtor, that person is subrogated to the rights of the chargee.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 5
5 Ownership or any other interest of the chargor passing on a sale under Article 12(1)(b) or passing under paragraph 1 or 2 of this Article is free from any other interest over which the chargee’s security interest has priority under the provisions of Article 42.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (a)
In the event of default under a title reservation agreement or under a leasing agreement as provided in Article 17, the conditional seller or the lessor, as the case may be, may: (a) subject to any declaration that may be made by a Contracting State under Article 70, terminate the agreement and take possession or control of any aircraft object to which the agreement relates; or (b) apply for a court order authorising or directing either of these acts.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (a)
(a) subject to any declaration that may be made by a Contracting State under Article 70, terminate the agreement and take possession or control of any aircraft object to which the agreement relates; or