Adjusted Gain Amount Sample Clauses

Adjusted Gain Amount. As set forth in Article 10.1, Buyer will receive its share of the Gain Amount (the Adjusted Gain Amount) only after the Assignee has paid Seller the amounts needed to permit Seller to make the payments indicated in paragraphs 1 and 2 above. Assuming the Gain Amount is refundable to the Assignee if the Agreement is terminated, the Adjusted Gain Amount would be paid at the Delivery Time. On the other hand, if the Gain Amount is non-refundable, the Adjusted Gain Amount would be determined as follows: assume (a) the original purchase price paid by Buyer is $46,000,000 and Buyer has already paid Seller $7,000,000 toward the original purchase price at the time of assignment; (b) the new total purchase price is $50,000,000 and the Assignee pays $10,000,000 at the time of the assignment; (c) the remaining $40,000,000 is to be paid in two installments of $10,000,000 and $30,000,000; and (d) the $10,000,000 initial payment is received by Seller from the Assignee 360 days after Seller had received Buyer’s $7,000,000 payment. In that case, Buyer’s Capital Cost would be $700,000, and the Gain Amount would be $3,300,000 (the $4,000,000 difference in contract price minus Buyer’s Capital Costs). All of the following examples assume the Gain Amount is non-refundable. The funds would be distributed as follows: - Date Assignment Agreement Is Executed; Payment One by Assignee (Assumed to be Prior to the Issuance of the Green CofA): Seller would refund to Buyer, on the date the Assignment Agreement is duly executed, $7,000,000 plus the $700,000 in Buyer’s Capital Costs. The Adjusted Gain Amount would be determined by multiplying $3,300,000 by the Percentage 5.44% (i.e., $2,300,000 (which is $10,000,000 minus $7,700,000) divided by $42,300,000 (which is $50,000,000 minus $7,700,000) times 100) or a total of $179,520. Buyer would receive its portion (50% or 75% as the case may be) of such Adjusted Gain Amount at the time of the issuance of the Certificate of Airworthiness for the Green Aircraft (the “Green CofA”), plus interest at the rate of 10% per annum payable daily based on a 360 day year from the date Seller received the $10,000,000 from the Assignee until the date the Adjusted Gain Amount is paid to Buyer. - Payment Two By Assignee (Also Prior to the Issuance of the Green CofA): Assume the second payment to be made by the Assignee is $10,000,000 (“Payment Two”). The Adjusted Gain Amount would be determined by multiplying $3,300,000 by the Percentage 23.64% (i.e., $10,000,...