Common use of Interruption of Index Publication Clause in Contracts

Interruption of Index Publication. If the US Department of Labor substantially revises the methodology of calculation or discontinues any of the indexes referred to hereabove, the Seller will reflect the substitute for the revised or discontinued index selected by CFM International, such substitute index to lead in application to the same adjustment result, insofar as possible, as would have been achieved by continuing the use of the original index as it may have fluctuated had it not been revised or discontinued. Appropriate revision of the formula will be made to accomplish this result.

Appears in 11 contracts

Samples: A320 Family Purchase Agreement (Spirit Airlines, Inc.), Purchase Agreement (Frontier Group Holdings, Inc.), Purchase Agreement (Frontier Group Holdings, Inc.)

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Interruption of Index Publication. If the US Department of Labor substantially revises the methodology of calculation or discontinues any of the indexes referred to hereabove, the Seller will shall reflect the substitute for the revised or discontinued index selected by CFM InternationalINTERNATIONAL AERO ENGINES, such substitute index to lead in application to the same adjustment result, insofar as possible, as would have been achieved by continuing the use of the original index as it may have fluctuated had it not been revised or discontinued. Appropriate revision of the formula will shall be made to accomplish this result.

Appears in 6 contracts

Samples: Purchase Agreement (Virgin America Inc.), Purchase Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.), A320 Purchase Agreement (Jetblue Airways Corp)

Interruption of Index Publication. If the US Department of Labor substantially revises the methodology of calculation or discontinues any of the to these indexes referred to hereabove, the Seller will shall reflect the substitute for the revised or discontinued index selected by CFM InternationalINTERNATIONAL, such substitute index to lead in application to the same adjustment result, insofar as possible, as would have been achieved by continuing the use of the original index as it may have fluctuated had it not been revised or discontinued. Appropriate revision of the formula will shall be made to accomplish this result.

Appears in 3 contracts

Samples: A320 Family Aircraft Purchase Agreement (Jetblue Airways Corp), Purchase Agreement (Virgin America Inc.), Purchase Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.)

Interruption of Index Publication. If the US Department of Labor substantially revises the methodology of calculation or discontinues any of the these indexes referred to hereabove, the Seller will shall reflect the substitute for the revised or discontinued index selected by CFM InternationalINTERNATIONAL, such substitute index to lead in application to the same adjustment result, insofar as possible, as would have been achieved by continuing the use of the original index as it may have fluctuated had it not been revised or discontinued. Appropriate revision of the formula will shall be made to accomplish this result.

Appears in 3 contracts

Samples: Purchase Agreement (Azul Sa), Purchase Agreement (Avianca Holdings S.A.), Purchase Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.)

Interruption of Index Publication. If the US Department of Labor substantially revises the methodology of calculation or discontinues any of the these indexes referred to hereabove, the Seller will AIRBUS shall reflect the substitute for the revised or discontinued index selected by CFM InternationalINTERNATIONAL, such substitute index to lead in application to the same adjustment result, insofar as possible, as would have been achieved by continuing the use of the original index as it may have fluctuated had it not been revised or discontinued. Appropriate revision of the formula will shall be made to accomplish this result.

Appears in 2 contracts

Samples: A320 Family Purchase Agreement (Spirit Airlines, Inc.), A320 Family Purchase Agreement (Spirit Airlines, Inc.)

Interruption of Index Publication. If the US Department of Labor substantially revises the methodology of calculation or discontinues any of the indexes referred to hereabove, the Seller will reflect the substitute for the revised or discontinued index selected by CFM InternationalROLLS ROYCE, such substitute index to lead in application to the same adjustment result, insofar as possible, as would have been achieved by continuing the use of the original index as it may have fluctuated had it not been revised or discontinued. Appropriate revision of the formula will be made to accomplish this result.

Appears in 2 contracts

Samples: Purchase Agreement (Intrepid Aviation LTD), Purchase Agreement (Hawaiian Holdings Inc)

Interruption of Index Publication. If the US Department of Labor substantially revises the methodology of calculation or discontinues any of the these indexes referred to hereabove, the Seller will shall reflect the substitute for the revised or discontinued index selected by CFM InternationalINTERNATIONAL AERO ENGINES, such substitute index to lead in application to the same adjustment result, insofar as possible, as would have been achieved by continuing the use of the original index as it may have fluctuated had it not been revised or discontinued. Appropriate revision of the formula will shall be made to accomplish this result.

Appears in 2 contracts

Samples: A320 Purchase Agreement (China Eastern Airlines Corp LTD), Purchase Agreement (Tam S.A.)

Interruption of Index Publication. If the US Department of Labor substantially revises the methodology of calculation or discontinues any of the these indexes referred to hereabove, the Seller AIRBUS will reflect the substitute for the revised or discontinued index selected by CFM InternationalINTERNATIONAL, such substitute index to lead in application to the same adjustment result, insofar as possible, as would have been achieved by continuing the use of the original index as it may have fluctuated had it not been revised or discontinued. Appropriate revision of the formula will be made to accomplish this result.

Appears in 2 contracts

Samples: Purchase Agreement (Hawaiian Holdings Inc), Purchase Agreement (Hawaiian Holdings Inc)

Interruption of Index Publication. If the US Department of Labor substantially revises or interrupts the methodology publication of calculation or discontinues any of the indexes referred to hereaboveabove, the Seller will reflect shall use the index selected by Engine Alliance, with the agreement of the Seller, as a substitute for the revised or discontinued index selected by CFM International, such unavailable index. Such a substitute index to shall lead in application to the application of the same adjustment resultadjustments, insofar as possible, as those that would have been achieved by continuing the to use of the original index index, as it may have fluctuated changed due to economic fluctuations had it not been revised or discontinuedinterrupted. Appropriate An appropriate revision of the revision formula will shall be made to accomplish this result.

Appears in 2 contracts

Samples: Purchase Agreement (Air France /Fi), Purchase Agreement (Air France /Fi)

Interruption of Index Publication. If the US Department of Labor substantially revises the methodology of calculation or discontinues any of the these indexes referred to hereabove, the Seller will shall reflect the substitute for the revised or discontinued index selected by CFM International[***], such substitute index to lead in application to the same adjustment result, insofar as possible, as would have been achieved by continuing the use of the original index as it may have fluctuated had it not been revised or discontinued. Appropriate revision of the formula will shall be made to accomplish this result.

Appears in 2 contracts

Samples: Aircraft Purchase Agreement (AerCap Holdings N.V.), Aircraft Purchase Agreement (AerCap Holdings N.V.)

Interruption of Index Publication. If the US Department of Labor substantially revises the methodology of calculation or discontinues any of the indexes referred to hereabove, the Seller will shall reflect the substitute for the revised or discontinued index selected by CFM InternationalINTERNATIONAL AERO ENGINES, such substitute index to lead in application to the same adjustment result, insofar as possible, as would have been achieved by continuing the use of the original index as it may have fluctuated had it not been revised or discontinued. Appropriate revision of the formula will shall be made to accomplish this result.,

Appears in 1 contract

Samples: Purchase Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.)

Interruption of Index Publication. If the US Department of Labor substantially revises the methodology of calculation or discontinues any of the indexes referred to hereabove, the Seller will shall reflect the substitute for the revised or discontinued index selected by CFM Internationalthe PRATT AND WHITNEY, such substitute index to lead in application axxxxxation to the same adjustment result, insofar as possible, as would have been achieved by continuing the use of the original index as it may have fluctuated had it not been revised or discontinued. Appropriate revision of the formula will shall be made to accomplish this result.

Appears in 1 contract

Samples: Purchase Agreement (KLM Royal Dutch Airlines)

Interruption of Index Publication. If the US Department of Labor substantially revises the methodology of calculation or discontinues any of the these indexes referred to hereabove, the Seller will shall reflect the substitute for the revised or discontinued index selected by CFM InternationalROLLS ROYCE, such substitute index to lead in application to the same adjustment result, insofar as possible, as would have been achieved by continuing the use of the original index as it may have fluctuated had it not been revised or discontinued. Appropriate revision of the formula will shall be made to accomplish this result.

Appears in 1 contract

Samples: Purchase Agreement (KLM Royal Dutch Airlines)

Interruption of Index Publication. If the US Department of Labor substantially revises the methodology of calculation or discontinues any of to the indexes referred to hereabove, the Seller will shall reflect the substitute for the revised or discontinued index selected by CFM International[***], such substitute index to lead in application to the same adjustment result, insofar as possible, as would have been achieved by continuing the use of the original index as it may have fluctuated had it not been revised or discontinued. Appropriate revision of the formula will shall be made to accomplish this result.

Appears in 1 contract

Samples: Aircraft Purchase Agreement (AerCap Holdings N.V.)

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Interruption of Index Publication. If the US Department of Labor substantially revises the methodology of calculation or discontinues any of the to these indexes referred to hereabove, the Seller will shall reflect the substitute for the revised or discontinued index [***] Confidential treatment requested by AerCap Holdings N.V. selected by CFM International[***], such substitute index to lead in application to the same adjustment result, insofar as possible, as would have been achieved by continuing the use of the original index as it may have fluctuated had it not been revised or discontinued. Appropriate revision of the formula will shall be made to accomplish this result.

Appears in 1 contract

Samples: Aircraft Purchase Agreement (AerCap Holdings N.V.)

Interruption of Index Publication. If the US Department of Labor substantially revises the methodology of calculation or discontinues any of the these indexes referred to hereabove, the Seller will shall reflect the substitute for the revised or discontinued index selected by CFM Internationalthe Engine Alliance, such substitute index to lead in application to the same adjustment result, insofar as possible, as would have been achieved by continuing the use of the original index as it may have fluctuated had it not been revised or discontinued. Appropriate revision of the formula will shall be made to accomplish this result.

Appears in 1 contract

Samples: Purchase Agreement (Fedex Corp)

Interruption of Index Publication. If the US Department of Labor substantially revises the methodology of calculation or discontinues any of the these indexes referred to hereabove, the Seller will reflect the substitute for the revised or discontinued index selected by CFM InternationalInternational Aero Engines, such substitute index to lead in application to the same adjustment result, insofar as possible, as would have been achieved by continuing the use of the original index as it may have fluctuated had it not been revised or discontinued. Appropriate revision of the formula will be made to accomplish this result.

Appears in 1 contract

Samples: Purchase Agreement (American Airlines Inc)

Interruption of Index Publication. If the US Department of Labor substantially revises the methodology of calculation or discontinues any of the these indexes referred to hereabovehereinabove, the Seller will shall reflect the substitute for the revised or discontinued index selected by CFM InternationalXXXXX & WHITNEY, such substitute index to lead in application to the same adjustment result, insofar as possible, as would have been achieved by continuing the use of the original index as it may have fluctuated had it not been revised or discontinued. Appropriate revision of the formula will shall be made to accomplish this result.

Appears in 1 contract

Samples: Purchase Agreement (Intrepid Aviation LTD)

Interruption of Index Publication. If the US Department of Labor substantially revises the methodology of calculation or discontinues any of the indexes referred to hereabove, the Seller will shall reflect the substitute for the revised or discontinued index selected by CFM International[***], such substitute index to lead in application to the same adjustment result, insofar as possible, as would have been achieved by continuing the use of the original index as it may have fluctuated had it not been revised or discontinued. Appropriate revision of the formula will shall be made to accomplish this result.

Appears in 1 contract

Samples: Aircraft Purchase Agreement (AerCap Holdings N.V.)

Interruption of Index Publication. If the US Department of Labor substantially revises the methodology of calculation or discontinues any of the indexes referred to hereabovehereinabove, the Seller will shall reflect the substitute for the revised or discontinued index selected by CFM InternationalROLLS ROYCE, such substitute index to lead in application to the same adjustment result, insofar as possible, as would have been achieved by continuing the use of the original index as it may have fluctuated had it not been revised or discontinued. Appropriate revision of the formula will shall be made to accomplish this result.

Appears in 1 contract

Samples: Purchase Agreement (Intrepid Aviation LTD)

Interruption of Index Publication. If the US Department of Labor substantially revises the methodology of calculation or discontinues any of to the indexes referred to hereabovehereinabove, the Seller will shall reflect the substitute for the revised or discontinued index selected by CFM InternationalGENERAL ELECTRIC, such substitute index to lead in application to the same adjustment result, insofar as possible, as would have been achieved by continuing the use of the original index as it may have fluctuated had it not been revised or discontinued. Appropriate revision of the formula will shall be made to accomplish this result.

Appears in 1 contract

Samples: Purchase Agreement (Intrepid Aviation LTD)

Interruption of Index Publication. If the US Department of Labor substantially revises the methodology of calculation or discontinues any of the these indexes referred to hereabove, the Seller will reflect the substitute for the revised or discontinued index selected by CFM International, such substitute index to lead in application to the same adjustment result, insofar as possible, as would have been achieved by continuing the use of the original index as it may have fluctuated had it not been revised or discontinued. Appropriate revision of the formula will be made to accomplish this result.

Appears in 1 contract

Samples: Purchase Agreement (American Airlines Inc)

Interruption of Index Publication. If the US Department of Labor substantially revises the methodology of calculation or discontinues any of the to these indexes referred to hereabove, the Seller will shall reflect the substitute for the revised or discontinued index selected by CFM InternationalGENERAL ELECTRIC , such substitute index to lead in application to the same adjustment result, insofar as possible, as would have been achieved by continuing the use of the original index as it may have fluctuated had it not been revised or discontinued. Appropriate revision of the formula will shall be made to accomplish this result.

Appears in 1 contract

Samples: Purchase Agreement (KLM Royal Dutch Airlines)

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