Option Aircraft Clause Samples
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Option Aircraft. Subject to the [***], Buyer shall have the option to purchase one hundred (100) additional Option Aircraft, to be delivered in accordance with Option Aircraft contractual delivery dates (each an “Option Aircraft Contractual Delivery Date”) contained in Section 2 of Attachment “G” to this Agreement. The Option Aircraft will be supplied in accordance with the following terms and conditions:
21.1 [***]
21.2 The unit basic price of the Option Aircraft shall be equal to the unit Aircraft Basic Price (the “Option Aircraft Basic Price”).
21.3 The Option Aircraft Basic Price shall be escalated according to the escalation formula subject of Attachment “D” hereto, determining the Option Aircraft purchase price (the “Option Aircraft Purchase Price”).
21.4 The payment of the Option Aircraft Purchase Price shall be made for each Option Aircraft for which Buyer has exercised its option rights hereunder according to the following: [***]
21.5 Except as otherwise provide for in Article 21.5.1 the option to purchase the Option Aircraft shall be exercised in [***] groups of [***] Option Aircraft each (the “Option Group” for purposes of this Article 21.5) no later than [***] prior to [***] the first Option Aircraft Contractual Delivery Date in such Option Group. [***]. Any Option Aircraft not exercised by Buyer as per the terms and conditions of this paragraph will be considered relinquished, [***], and Embraer shall return to Buyer any payments made by Buyer towards the purchase of such terminated Option Aircraft within [***] following such termination.
21.5.1 In the event that Buyer fails to issue the [***]. Any Option Aircraft not exercised by Buyer as per the terms and conditions of this paragraph will be considered relinquished [***] and Embraer shall return to Buyer any payments made by Buyer towards the purchase of such terminated Option Aircraft within [***] following such termination.
21.5.2 After the confirmation by Buyer of any of the Option Groups described in Article 21.5.1 above for at least [***] Option Aircraft, the remaining Option Aircraft shall be exercised [***] no later than [***] months prior [***] Option Aircraft Contractual Delivery Date in such Option Group. [***]. Any Option Aircraft not exercised by Buyer as per the terms and conditions of this paragraph will be considered relinquished [***], and Embraer shall return to Buyer any payments made by Buyer towards the purchase of such terminated Option Aircraft within [***] following such termination.
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Option Aircraft the Purchase Agreement shall be deleted and replaced by the following: “Subject to the [***], Buyer shall have the option to purchase one hundred (100) Option Aircraft, to be delivered in accordance with Option Aircraft contractual delivery dates (each an “Option Aircraft Contractual Delivery Date”) contained in Section 2 of Attachment “G” to this Agreement. The Option Aircraft will be supplied in accordance with the following terms and conditions:
Option Aircraft. The Option Aircraft delivery schedule of Article 24 shall be deleted and replaced with the following:
Option Aircraft. 9.1 Customer's Model 737 Option Aircraft delivery positions are hereby revised in accordance with the schedule in Attachment B to this Letter Agreement to accommodate Customer's request and changes to Boeing's production schedules necessitated by the rescheduling of the Restructured Aircraft.
9.2 Boeing and Customer hereby agree to substitute twelve (12) Model 737-900 Option Aircraft for two (2) Model 777-200ER Option Aircraft and two (2) Model 767-200ER Option Aircraft as specified in Attachment B. Option Deposits on the Model 777-200ER and Model 767-200ER Option Aircraft totaling One Million Two Hundred Thousand Dollars ($1,200,000) will be applied to the Model 737-900 Option Aircraft at One Hundred Thousand Dollars ($100,000) per Aircraft.
Option Aircraft. The Parties wish to set forth the additional agreements of the Parties with respect to certain matters related to the purchase of the above referenced aircraft.
Option Aircraft. The Buyer and the Seller agree to cancel seven (7) option Aircraft with CAC ID Nos. 180965, 180966, 180967, 180968, 180969, 180970 and 180981 from calendar year 2013. All rights and obligations of the parties related to these seven (7) option Aircraft are hereby extinguished, except as set forth in Paragraph 3.3.
Option Aircraft. The paragraphs 1.1 and 1.2 of the Letter Agreement No 4 of the A320 Family Purchase Agreement as modified by the Amendment No 2 is therefore cancelled and replaced by the following Articles 1.1 and 1.2:
Option Aircraft. 5.1. Notwithstanding the amount specified in the Attachment to Option Aircraft Letter Agreement UAL-PA-03860-LA-1209265R1 (Option Aircraft Letter) as the Attachment and/or the Option Aircraft Letter is subsequently revised, amended or supplemented, Boeing ***.
5.2. Notwithstanding paragraph 5.1 above, Boeing and Customer agree that for the *** 787-*** Aircraft added as part of Supplemental Agreement No. 1, the *** Deposit shall be *** Aircraft. Such *** Deposit has already been received by Boeing for *** 787-*** Aircraft. The *** Deposit for the *** Aircraft is due upon signing of Supplemental Agreement No 1 to the Purchase Agreement.
Option Aircraft. 1.1 The opening paragraph of Article 23 and delivery schedule table of the Purchase Agreement shall be deleted and replaced by the following: "Buyer shall have the option to purchase up to forty (40) additional Option Aircraft, to be delivered on the last day of the applicable month set forth below or such earlier date in such month specified pursuant to Article 7.1:
1.2 [*]
Option Aircraft caput and Article 21.4 of the Purchase Agreement shall be deleted and replaced as follows: “Subject to the payment of the Option Aircraft initial deposit set forth in Article 21.1, Buyer shall have the option to purchase thirty (30) additional Option Aircraft, to be delivered in accordance with the Option Aircraft contractual delivery dates contained in item 2 of Attachment “E” to this Agreement (each an “Option Aircraft Contractual Delivery Date”). The Option Aircraft will be supplied in accordance with the following terms and conditions:” [***]