Titles.
The Section titles and Table of Contents
contained in this Agreement and any other Loan Document are and shall be without
substantive meaning or content of any kind whatsoever and are not a part of the
agreement between the parties hereto.
Section 6.10
Time of the Essence.
Time is of the essence for
performance of any obligations under this Mortgage.
SECTION 6.11
TERMINATION AND RELEASE.
UPON THE EARLIER TO OCCUR OF
(A) PAYMENT IN FULL OF ALL OBLIGATIONS (OTHER THAN CONTINGENT OBLIGATIONS WHICH
BY THEIR NATURE CANNOT BE SATISFIED BY PAYMENT AT SUCH TIME) AND EITHER
(I) EXPIRATION OF THE TERM OF THE CREDIT AGREEMENT OR (II) TERMINATION OF THE
OBLIGATION OF ANY CREDIT FACILITY LENDER AND NON-LENDER TO MAKE ANY ADVANCES TO
OWNER PARTICIPANT PURSUANT TO THE CREDIT AGREEMENT OR ANY OTHER LOAN DOCUMENT;
OR (B) RELEASE BY THE MORTGAGEE OF THE LIEN CREATED HEREUNDER IN ACCORDANCE WITH
THE TERMS AND CONDITIONS OF THIS MORTGAGE, THE CREDIT AGREEMENT AND THE OTHER
LOAN DOCUMENTS, THIS MORTGAGE, AND ALL OF THE POWERS, RIGHTS AND INTERESTS
GRANTED HEREUNDER AND CREATED HEREBY SHALL FORTHWITH TERMINATE, AND THE
MORTGAGEE SHALL, AT THE COST AND EXPENSE OF THE BORROWER, EXECUTE AND DELIVER
ALL SUCH DOCUMENTS AND INSTRUMENTS REASONABLY NECESSARY TO ACCOMPLISH THE SAME,
AND SHALL TAKE ALL ACTIONS NECESSARY TO DISCHARGE ANY INTERESTS IN THE
COLLATERAL ON THE INTERNATIONAL REGISTRY IN FAVOR OF THE MORTGAGEE, WITHIN A
REASONABLE PERIOD OF TIME.
SECTION 6.12
WAIVER.
WITHOUT LIMITING THE GENERALITY OF ANY OTHER
WAIVER OR OTHER PROVISION SET FORTH IN THIS MORTGAGE, THE OWNER TRUSTEE HEREBY
WAIVES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SURETYSHIP RIGHTS,
BENEFITS, SANCTIONS OR DEFENSES ARISING DIRECTLY OR INDIRECTLY UNDER ANY
APPLICABLE LAW.
[Remainder of page intentionally left blank; signatures on following pages]
J-20
IN WITNESS WHEREOF, the parties hereto have caused this Mortgage to be duly
executed and delivered as of the day and year first above written.
WELLS FARGO BANK NORTHWEST, NATIONAL ASSOCIATION, not in its individual
capacity, except as expressly provided herein, but solely as Owner Trustee
By:
Name:
Title:
UNION BANK, N.A., as Mortgagee
By:
Name:
Title:
J-S-1
Exhibit A
ENGINE
One (1)
model
engine bearing
manufacturer' serial number
(which is described on the
pre-populated drop down menus of the International Registry as a
model
engine bearing manufacturer's serial
number
).
LEASE
Any now existing and all after-acquired leases of the Equipment hereafter
arising in which Owner Trustee is the lessor or an assignee of a lessor with
respect to the Equipment, as the same may be modified, amended or supplemented
from time to time, including but not limited to the following:
[insert description of existing lease here with FAA recording information]
J-A-1
Exhibit K
FORM OF OWNER TRUSTEE GUARANTY
OWNER TRUSTEE GUARANTY NO.
dated as of
,
]
between
WELLS FARGO BANK NORTHWEST,
NATIONAL ASSOCIATION,
as Guarantor
and
UNION BANK, N.A.,
as Security Agent
OWNER TRUSTEE GUARANTY NO.
THIS OWNER TRUSTEE GUARANTY NO.
, dated as of
,
(as