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If this see is recognized, then required software of lis pendens in jurisdictional proceedings ahead of an arbitral tribunal, in deference to overseas judicial proceedings, is senseless whatsoever.
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(i) If Proprietor elects to promote the Aircraft, OWNER shall utilize the proceeds of any this sort of sale toward payment of all amounts owing or owing to OWNER under this Lease at time of any this sort of software, including, without having limitation: (A) the Occasion of Default Quantity (calculated as in Article fourteen(a)(iii)); and (B) interest from and such as the payment date laid out in the applicable discover for the date of payment at the best applicable fee permitted by legislation but not multiple and 1-fifty percent per cent (one-112%) every month or portion thereof. If the net proceeds from any such sale are inadequate to cover the payment of all this sort of amounts, LESSEE shall carry on to become liable to Operator with the deficiency.
e. The Procedural Timetable was altered a result of the failure in the Respondents one and 3 to disclose in their initial submission that the Dubai Court Proceedings had not been served on Cessna which necessitated added submissions from equally events to handle The problem of company of those proceedings.
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c. Guaranty dated 2 August 2007 signed by Al Meeza in respect of Cessna Lease 560-5679 whereby Al Meeza undertook to "unconditionally and irrevocably assure[]the well timed and unconditional payment to Cessna [] (or to its purchase) of all amounts owed by Lessee under Lease, and additional unconditionally assures the efficiency of all of Lessee's other obligations beneath the Lease when because of and in rigid compliance with Each individual on the conditions and terms thereof. (Show 3 on the Ask for for Arbitration, Guarantee at paragraph A)
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This Tribunal accepts the expert viewpoint of Mr. Dufour as staying goal and reasoned, properly and amply supported with the evidence of real sector gross sales to function responsible comparables. His approach, Examination with the income knowledge click here and conclusions are persuasive.
f. Guaranty dated two August 2007 signed by Al Mulla in respect of Cessna Lease 5605701 whereby Al Mulla undertook to "unconditionally and irrevocably guarantee[]the timely and unconditional payment to Cessna [] (or to its get) of all quantities owed by Lessee less than Lease, and even further unconditionally ensures the general performance of all of Lessee's other obligations under the Lease when owing and in stringent compliance with Every with the stipulations thereof. (Exhibit 6 on the Ask for for Arbitration, Assure, paragraph A)