WEST
or a Subsidiary thereof is the holder of a beneficial interest).
"Willis" means Willis Lease Finance Corporation, a Delaware corporation.
Section 1.02
Rules of Construction.
Unless the context otherwise requires:
(A)
A TERM HAS THE MEANING ASSIGNED TO IT AND
AN ACCOUNTING TERM NOT OTHERWISE DEFINED HAS THE MEANING ASSIGNED TO IT IN
ACCORDANCE WITH U.S. GAAP.
(B)
THE TERMS "HEREIN", "HEREOF" AND OTHER WORDS
OF SIMILAR IMPORT REFER TO THIS INDENTURE AS A WHOLE AND NOT TO ANY PARTICULAR
ARTICLE, SECTION OR OTHER SUBDIVISION.
(C)
UNLESS OTHERWISE INDICATED IN CONTEXT, ALL
REFERENCES TO ARTICLES, SECTIONS, APPENDICES, EXHIBITS OR ANNEXES REFER TO AN
ARTICLE OR SECTION OF, OR AN APPENDIX, EXHIBIT OR ANNEX TO, THIS INDENTURE.
(D)
WORDS OF THE MASCULINE, FEMININE OR NEUTER
GENDER SHALL MEAN AND INCLUDE THE CORRELATIVE WORDS OF OTHER GENDERS, AND WORDS
IN THE SINGULAR SHALL INCLUDE THE PLURAL, AND VICE VERSA.
(E)
THE TERMS "INCLUDE", "INCLUDING" AND
SIMILAR TERMS SHALL BE CONSTRUED AS IF FOLLOWED BY THE PHRASE "WITHOUT
LIMITATION".
(F)
REFERENCES IN THIS INDENTURE TO AN
AGREEMENT OR OTHER DOCUMENT (INCLUDING THIS INDENTURE) MEAN THE AGREEMENT OR
OTHER DOCUMENT AND ALL SCHEDULES, EXHIBITS, ANNEXES AND OTHER MATERIALS THAT ARE
PART OF SUCH AGREEMENT AND INCLUDE REFERENCES TO SUCH AGREEMENT OR DOCUMENT AS
AMENDED, SUPPLEMENTED, RESTATED OR OTHERWISE MODIFIED IN ACCORDANCE WITH ITS
TERMS AND THE PROVISIONS OF THIS INDENTURE, AND THE PROVISIONS OF THIS INDENTURE
APPLY TO SUCCESSIVE EVENTS AND TRANSACTIONS.
44
(G)
REFERENCES IN THIS INDENTURE TO ANY STATUTE
OR OTHER LEGISLATIVE PROVISION SHALL INCLUDE ANY STATUTORY OR LEGISLATIVE
MODIFICATION OR RE-ENACTMENT THEREOF, OR ANY SUBSTITUTION THEREFOR.
(H)
REFERENCES IN THIS INDENTURE TO THE NOTES OF
ANY SERIES INCLUDE THE CONDITIONS APPLICABLE TO THE NOTES OF SUCH SERIES; AND
ANY REFERENCE TO ANY AMOUNT OF MONEY DUE OR PAYABLE BY REFERENCE TO THE NOTES OF
ANY SERIES SHALL INCLUDE ANY SUM COVENANTED TO BE PAID BY WEST UNDER THIS
INDENTURE IN RESPECT OF THE NOTES OF SUCH SERIES.
(I)
REFERENCES IN THIS INDENTURE TO ANY
ACTION, REMEDY OR METHOD OF JUDICIAL PROCEEDING FOR THE ENFORCEMENT OF THE
RIGHTS OF CREDITORS OR OF SECURITY SHALL BE DEEMED TO INCLUDE, IN RESPECT OF ANY
JURISDICTION OTHER THAN THE STATE OF NEW YORK, REFERENCES TO SUCH ACTION, REMEDY
OR METHOD OF JUDICIAL PROCEEDING FOR THE ENFORCEMENT OF THE RIGHTS OF CREDITORS
OR OF SECURITY AVAILABLE OR APPROPRIATE IN SUCH JURISDICTION AS SHALL MOST
NEARLY APPROXIMATE SUCH ACTION, REMEDY OR METHOD OF JUDICIAL PROCEEDING
DESCRIBED OR REFERRED TO IN THIS INDENTURE.
(J)
WHERE ANY PAYMENT IS TO BE MADE, FUNDS
APPLIED OR ANY CALCULATION IS TO BE MADE HEREUNDER ON A DAY WHICH IS NOT A
BUSINESS DAY, UNLESS ANY RELATED DOCUMENT OTHERWISE PROVIDES, SUCH PAYMENT SHALL
BE MADE, FUNDS APPLIED AND CALCULATION MADE ON THE NEXT SUCCEEDING BUSINESS DAY,
AND PAYMENTS SHALL BE ADJUSTED ACCORDINGLY.
(K)
WHERE THE SERVICER OR ANY REPLACEMENT
SERVICER IS PERFORMING OR MAY PERFORM LEASE MANAGEMENT AND/OR REMARKETING
SERVICES PURSUANT TO A RELATED DOCUMENT IN RELATION TO ONE OR