documents
amending, supplementing, substituting or ancillary to any of the foregoing from
time to time.
1.2
Interpretation.
(F)
CLAUSE HEADINGS ARE FOR EASE OF REFERENCE ONLY.
(G)
REFERENCES IN THESE PRESENTS TO CLAUSES, SUB-CLAUSES, PARAGRAPHS
OR SCHEDULES ARE, UNLESS OTHERWISE SPECIFIED, TO BE CONSTRUED AS REFERENCES TO
CLAUSES, SUB-CLAUSES AND PARAGRAPHS OF AND THE SCHEDULES TO THESE PRESENTS.
(H)
REFERENCES IN THESE PRESENTS TO HEREIN, HEREBY AND HEREUNDER SHALL
BE A REFERENCE TO THE ENTIRE LEASE SECURITY ASSIGNMENT AND NOT ANY PARTICULAR
CLAUSE.
L-3
(I)
REFERENCES IN THESE PRESENTS TO ANY STATUTE OR OTHER LEGISLATIVE
PROVISION SHALL INCLUDE ANY STATUTORY OR LEGISLATIVE MODIFICATION OR
RE-ENACTMENT THEREOF, OR ANY SUBSTITUTION THEREFOR.
(J)
REFERENCES IN THESE PRESENTS TO "RELEVANT STATUTORY PROVISION"
SHALL INCLUDE REFERENCES TO ANY PROVISION OF THE LAWS OF ANY JURISDICTION WHICH
MAY FROM TIME BE APPLICABLE.
(K)
REFERENCES IN THESE PRESENTS TO ANY AGREEMENT, DOCUMENT OR
INSTRUMENT SHALL INCLUDE SUCH AGREEMENT, DOCUMENT OR INSTRUMENT AS THE SAME MAY
FROM TIME TO TIME BE VARIED, AMENDED, SUPPLEMENTED, NOVATED OR SUBSTITUTED.
(L)
REFERENCES IN THESE PRESENTS TO THE WORD "PERSON" OR "PERSONS"
INCLUDE, WITHOUT LIMITATION, INDIVIDUALS, FIRMS, CORPORATIONS, GOVERNMENT
AGENCIES, AUTHORITIES AND OTHER BODIES, INCORPORATED OR UNINCORPORATED AND
WHETHER HAVING DISTINCT LEGAL PERSONALITY OR NOT.
(M)
REFERENCES IN THESE PRESENTS TO ANY PARTY HERETO OR ANY PERSON
INCLUDE REFERENCES TO ANY SUCCESSOR OR ASSIGN OF SUCH PARTY OR OTHER PERSON.
(N)
UNLESS THE CONTEXT OTHERWISE REQUIRES, WORDS DENOTING THE SINGULAR
NUMBER SHALL INCLUDE THE PLURAL AND VICE VERSA.
(O)
REFERENCE IN THESE PRESENTS TO THE WORD "WRITTEN" OR "IN WRITING"
SHALL INCLUDE ANY MEANS OF VISIBLE REPRODUCTION.
(P)
A TIME OF DAY SHALL BE CONSTRUED AS A REFERENCE TO DUBLIN TIME.
2.
Warranties.
2.1
The Assignor hereby represents and warrants to the Assignee that:
(Q)
THE ASSIGNOR HAS THE FULL POWER AND AUTHORITY AND LEGAL RIGHT
TO EXECUTE, DELIVER AND PERFORM THE TERMS OF THIS ASSIGNMENT AND SUCH EXECUTION,
DELIVERY AND PERFORMANCE IS DULY AUTHORISED BY ALL NECESSARY CORPORATE ACTION OF
THE ASSIGNOR AND THIS ASSIGNMENT CONSTITUTES THE LEGAL, VALID AND BINDING
OBLIGATION OF THE ASSIGNOR, ENFORCEABLE AGAINST THE ASSIGNOR IN ACCORDANCE WITH
ITS TERMS;
(R)
THE SUB-LEASE CONSTITUTES VALID AND BINDING OBLIGATIONS OF THE
ASSIGNOR AND IS IN FULL FORCE AND EFFECT AND HAS NOT BEEN VARIED OR MODIFIED IN
ANY WAY OR CANCELLED AND NEITHER THE ASSIGNOR NOR (SO FAR AS ASSIGNOR IS
ACTUALLY AWARE) THE RELEVANT SUB-LESSEE ARE IN DEFAULT THEREUNDER NOR HAS ANY
EVENT OF LOSS OCCURRED WITH RESPECT TO THE ENGINE; AND
(S)
IT HAS NOT PREVIOUSLY ASSIGNED, CHARGED, PLEDGED OR OTHERWISE
ENCUMBERED ANY OF ITS RIGHTS AND BENEFITS UNDER THE ASSIGNED PROPERTY.
L-4
3.
Assignment.
3.1
In consideration as aforesaid, the Assignor as legal and
beneficial owner, for the purpose of securing the Secured Obligations, hereby
assigns and agrees to assign to the Assignee the Assigned Property:
Provided that the Assignor shall keep the Assignee fully and effectually
indemnified from and against all actions, losses, claims, proceedings, costs,
demands and liabilities which may