Aircraft Not Operated for Minimum Period. If, within the first ***** following delivery of each Aircraft for which a special allowance, of any nature, was provided by CFM pursuant to this Agreement (the “Minimum Period”), Republic sells, transfers, trades, exchanges, leases, subleases or otherwise fails to own and operate such Aircraft, the special allowances earned and/or paid on such Aircraft will be proportionately reduced. Republic will reimburse CFM an amount equal to the proportionate share of the special allowances earned and/or paid with respect to such Aircraft, (based on the percentage of the Minimum Period the Aircraft was actually owned and operated by Republic), with interest on such amount as provided below. The allowance reimbursement is due no later than ***** from the time Republic ceases to own and operate such Aircraft. Interest will be calculated at the Prime Rate, from the time of initial allowance payment on such Aircraft until the time of full reimbursement. *****Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. 1 CFM-LEAPX1A24 ***** 2 CFM-LEAPX1A26 ***** 3 CFM-LEAPX1A32 ***** A. Base prices are effective for basic Spare Engines delivered to Republic by CFM on or before ***** and such base price is subject to escalation in accordance with Attachment D. B. The selling price of CFM-LEAPX basic Spare Engines delivered after ***** above shall be the base price then in effect, which base price shall be subject to adjustment for escalation in accordance with CFM’s then-current escalation provisions. *****Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission.
Appears in 1 contract
Aircraft Not Operated for Minimum Period. If, within the first ***** following delivery of each Aircraft for which a special allowance, of any nature, was provided by CFM pursuant to this Agreement (the “Minimum Period”), Republic sells, transfers, trades, exchanges, leases, subleases or otherwise fails to own and operate such Aircraft, the special allowances earned and/or paid on such Aircraft will be proportionately reduced. Republic will reimburse CFM an amount equal to the proportionate share of the special allowances earned and/or paid with respect to such Aircraft, (based on the percentage of the Minimum Period the Aircraft was actually owned and operated by Republic), with interest on such amount as provided below. The allowance reimbursement is due no later than ***** from the time Republic ceases to own and operate such Aircraft. Interest will be calculated at the Prime Rate, from the time of initial allowance payment on such Aircraft until the time of full reimbursement. *****Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. 1 CFM-LEAPX1A24 ***** 2 CFM-LEAPX1A26 ***** 3 CFM-LEAPX1A32 *****
A. Base prices are effective for basic Spare Engines delivered to Republic by CFM on or before ***** and such base price is subject to escalation in accordance with Attachment D.
B. The selling price of CFM-LEAPX basic Spare Engines delivered after ***** above shall be the base price then in effect, which base price shall be subject to adjustment for escalation in accordance with CFM’s then-current escalation provisions.
I. The base price for Products purchased hereunder shall be adjusted pursuant to the provisions of this Exhibit. Except as expressly provided in the Attachment D, CFM shall be prohibited from making changes in these escalation provisions without the consent of Republic for Engines delivered through *****Confidential portions .
II. For the purpose of this adjustment:
A. Base price shall be the material have been omitted price(s) set forth in the applicable Letter Agreement.
B. The Composite Price Index (CPI) shall be calculated, to the second decimal place, using the following formula: ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** ***** *****
C. Each CPI shall be determined to the second decimal place. Calculation shall be to the third decimal digit and filed separately if the third decimal digit is five or more, the second decimal digit shall be raised to the next higher figure. If the third decimal digit is less than five, the second decimal figure shall remain as calculated.
D. The Base Composite Index (*****) shall be the CPI determined assuming a base period in January 2010.
III. Base prices shall be adjusted in accordance with the Securities following formula [Please provide examples]: *****
IV. The invoice price shall be the final price and Exchange Commissionwill not be subject to further adjustments in the indices. In no event shall the invoice price be lower than the base price.
V. The ratio ***** shall be calculated to the fourth decimal digit. If the fourth decimal digit is five or more, the third decimal digit shall be raised to the next higher figure, and if the fourth decimal digit is less than five, the third decimal figure shall remain as calculated. If the calculation of this ratio results in a number less than 1.000, the ratio will be adjusted to 1.000. The resulting three digit decimal shall be used to calculate *****.
Appears in 1 contract
Aircraft Not Operated for Minimum Period. If, within the first If Airline sells or otherwise fails to own (other than for sale-leaseback or any other financing purposes) ***** following delivery or more of each the total delivered Firm Ordered for an average period of ***** any Aircraft for which a special allowance, of any nature, was provided by CFM pursuant to this Agreement paid allowances hereunder (the “Minimum Period”), Republic sells, transfers, trades, exchanges, leases, subleases or otherwise fails to own and operate such Aircraft, then the special allowances earned and/or paid on such sold or non-Airline owned Aircraft will be proportionately reduced. Republic Airline will reimburse CFM an amount equal to the proportionate share of the special allowances earned and/or paid with respect to such Aircraft, (based on the percentage of the Minimum Period the Aircraft was actually owned and operated by RepublicAirline), with interest on such amount as provided belowamount. The allowance reimbursement is due no later than ***** after written request from CFM, following the time Republic Airline ceases to own and operate such Aircraft. Interest will be calculated at the Prime Rate, plus ***** from the time of initial allowance payment on such Aircraft until the time of full reimbursement. ****** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission.
1. 1 CFMLEAP-LEAPX1A24 ***** 2 CFM-LEAPX1A26 ***** 3 CFM-LEAPX1A32 X1A26 *****
A. Base prices are effective for basic Spare Engines delivered to Republic Airline by CFM on or before ***** and such The base price is prices are for delivery Ex Works, Evendale, Ohio, or FCA, Villaroche, France, subject to escalation in accordance with Attachment D.adjustment for escalation, and Airline shall be responsible, upon delivery, for the payment of all taxes, duties, fees or other similar charges.
B. The selling price of CFMLEAP-LEAPX X1A basic Spare Engines above delivered after ***** above shall be the base price then in effect, which base price shall be subject to adjustment for escalation in accordance with CFM’s then-current escalation provisions. ****** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission.
I. The base price for Products purchased hereunder shall be adjusted pursuant to the provisions of this Exhibit.
II. For the purpose of this adjustment: *****
C. Each CPI shall be determined to the second decimal place. Calculation shall be to the third decimal digit and if the third decimal digit is five or more, the second decimal digit shall be raised to the next higher figure. If the third decimal digit is less than five, the second decimal figure shall remain as calculated.
D. The Base Composite Index (CPIb) shall be the base index stated in the published prices.
Appears in 1 contract
Aircraft Not Operated for Minimum Period. If, within the first […***** following delivery …] Allegiant 5B GTA No. 1-0000000000 CFM Proprietary Information Page 10 of each Aircraft for which a special allowance, of any nature, was provided by CFM pursuant to this Agreement (the “Minimum Period”), Republic sells, transfers, trades, exchanges, leases, subleases or otherwise fails to own and operate such Aircraft, the special allowances earned and/or paid on such Aircraft will be proportionately reduced15 Item Base PriceJan 2016 US DollarsCPI=216.64 1. Republic will reimburse CFM an amount equal to the proportionate share of the special allowances earned and/or paid with respect to such Aircraft, (based on the percentage of the Minimum Period the Aircraft was actually owned and operated by Republic), with interest on such amount as provided below. The allowance reimbursement is due no later than CFM56-5B4 basic Spare Engine […***** from the time Republic ceases to own and operate such Aircraft. Interest will be calculated at the Prime Rate, from the time of initial allowance payment on such Aircraft until the time of full reimbursement. *****Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. 1 CFM-LEAPX1A24 ***** 2 CFM-LEAPX1A26 ***** 3 CFM-LEAPX1A32 *****…]
A. Base prices are subject to escalation in accordance with Attachment D and are subject to the Escalation Cap. Base prices are effective for basic Spare Engines delivered to Republic Airline by CFM on or before […***** …], and thereafter, so long as the fault or negligence of Airline does not cause a delay in delivery after such base price is subject to escalation in accordance with Attachment D.
date. B. The selling price of CFM-LEAPX basic Spare Engines delivered after […***** above …] shall be the base price then in effect, which base price shall be subject to adjustment for escalation in accordance with CFM’s then-current escalation provisions. ; provided, however, if there is such a delay in delivery of the Spare Engine to a date after […***…] which delay is not due to the fault or negligence of Airline, CFM shall provide the price protection in effect prior to such date pursuant to this Letter Agreement until the time of delivery. Allegiant 5B GTA No. 1-0000000000 CFM Proprietary Information Page 11 of 15
I. The base price for Products purchased hereunder shall be adjusted pursuant to the provisions of this Exhibit.
II. For the purpose of this adjustment:
A. Base price shall be the price(s) set forth in the applicable Letter Agreement.
B. The Composite Price Index (CPI) shall be calculated, to the second decimal place, using the following formula: […**Confidential portions of *…] […***…] […***…] […***…]
C. Each CPI shall be determined to the material have been omitted second decimal place. Calculation shall be to the third decimal digit and filed separately with if the Securities and Exchange Commissionthird decimal digit is five or more, the second decimal digit shall be raised to the next higher figure. If the third decimal digit is less than five, the second decimal figure shall remain as calculated.
Appears in 1 contract
