Common use of Pre-Delivery Date Adjustments to Basic Rent, Stipulated Loss Values and Termination Values Clause in Contracts

Pre-Delivery Date Adjustments to Basic Rent, Stipulated Loss Values and Termination Values. On or prior to the Delivery Date, the percentages for Basic Rent referred to in Schedule II of the Lease and the percentages for Stipulated Loss Value and Termination Value in Schedule III and Schedule IV, respectively, of the Lease shall be adjusted (upward or downward), subject to the procedures set forth in Section 3.04 of the Lease and the minimum values established by Section 3.05 of the Lease and the definitions of Stipulated Loss Value and Termination Value, to reflect changes in the pricing assumptions with respect to (i) the Delivery Date being other than August 19, 1997, (ii) a different rate of interest or amortization schedule assumed by the Owner Participant in calculating such percentages from that assumed by the Owner Participant in originally calculating such percentages, (iii) Transaction Costs being other than as assumed in Section 10.01 hereof, (iv) any change in the length of the Basic Term (but in no event shall the Term exceed 23.25 years) and (v) a Change in Tax Law which occurs after the date of the execution of this Agreement but on or prior to the Delivery Date. Notwithstanding anything herein to the contrary, the Lessee shall have no obligation to enter into the transaction contemplated by this Agreement other than with respect to Transaction Costs as described in Section 2.03 below and its obligation to purchase the Aircraft as provided in Section 3.05(a) hereof if, as a result of a Change in Tax Law after the date of execution of this Agreement but on or prior to the Delivery Date, the Net Present Value of Rents is increased by 100 basis points or more.

Pre-Delivery Date Adjustments to Basic Rent, Stipulated Loss Values and Termination Values. On or prior to the Delivery Date, the percentages for Basic Rent referred to in Schedule II of the Lease and the percentages for Stipulated Loss Value and Termination Value in Schedule III and Schedule IV, respectively, of the Lease shall be adjusted (upward or downward), subject to the procedures set forth in Section 3.04 of the Lease and the minimum values established by Section 3.05 of the Lease and the definitions of Stipulated Loss Value and Termination Value, to reflect changes in the pricing assumptions with respect to (i) the Delivery Date being other than August 19June 20, 1997, (ii) a different rate of interest or amortization schedule assumed by the Owner Participant in calculating such percentages from that assumed by the Owner Participant in originally calculating such percentages, (iii) Transaction Costs being other than as assumed in Section 10.01 hereof, (iv) any change in the length of the Basic Term (but in no event shall the Term exceed 23.25 years) and (v) a Change in Tax Law which occurs after the date of the execution of this Agreement but on or prior to the Delivery Date. Notwithstanding anything herein to the contrary, the Lessee shall have no obligation to enter into the transaction contemplated by this Agreement other than with respect to Transaction Costs as described in Section 2.03 below and its obligation to purchase the Aircraft as provided in Section 3.05(a) hereof if, as a result of a Change in Tax Law after the date of execution of this Agreement but on or prior to the Delivery Date, the Net Present Value of Rents is increased by 100 basis points or more.

Pre-Delivery Date Adjustments to Basic Rent, Stipulated Loss Values and Termination Values. On or prior to the Delivery Date, the percentages for Basic Rent referred to in Schedule II of the Lease and the percentages for Stipulated Loss Value and Termination Value in Schedule III and Schedule IV, respectively, of the Lease shall be adjusted (upward or downward), subject to the procedures set forth in Section 3.04 of the Lease and the minimum values established by Section 3.05 of the Lease and the definitions of Stipulated Loss Value and Termination Value, to reflect changes in the pricing assumptions with respect to (i) the Delivery Date being other than August 19September 23, 1997, (ii) a different rate of interest or amortization schedule assumed by the Owner Participant in calculating such percentages from that assumed by the Owner Participant in originally calculating such percentages, (iii) Transaction Costs being other than as assumed in Section 10.01 hereof, (iv) any change in the length of the Basic Term (but in no event shall the Term exceed 23.25 years) and (v) a Change in Tax Law which occurs after the date of the execution of this Agreement but on or prior to the Delivery Date. Notwithstanding anything herein to the contrary, the Lessee shall have no obligation to enter into the transaction contemplated by this Agreement other than with respect to Transaction Costs as described in Section 2.03 below and its obligation to purchase the Aircraft as provided in Section 3.05(a) hereof if, as a result of a Change in Tax Law after the date of execution of this Agreement but on or prior to the Delivery Date, the Net Present Value of Rents is increased by 100 basis points or more.

Pre-Delivery Date Adjustments to Basic Rent, Stipulated Loss Values and Termination Values. On or prior to the Delivery Date, the percentages for Basic Rent referred to in Schedule II of the Lease and the percentages for Stipulated Loss Value and Termination Value in Schedule III and Schedule IV, respectively, of the Lease shall be adjusted (upward or downward), subject to the procedures set forth in Section 3.04 of the Lease and the minimum values established by Section 3.05 of the Lease and the definitions of Stipulated Loss Value and Termination Value, to reflect changes in the pricing assumptions with respect to (i) the Delivery Date being other than August 19September 11, 1997, (ii) a different rate of interest or amortization schedule assumed by the Owner Participant in calculating such percentages from that assumed by the Owner Participant in originally calculating such percentages, (iii) Transaction Costs being other than as assumed in Section 10.01 hereof, (iv) any change in the length of the Basic Term (but in no event shall the Term exceed 23.25 years) and (v) a Change in Tax Law which occurs after the date of the execution of this Agreement but on or prior to the Delivery Date. Notwithstanding anything herein to the contrary, the Lessee shall have no obligation to enter into the transaction contemplated by this Agreement other than with respect to Transaction Costs as described in Section 2.03 below and its obligation to purchase the Aircraft as provided in Section 3.05(a) hereof if, as a result of a Change in Tax Law after the date of execution of this Agreement but on or prior to the Delivery Date, the Net Present Value of Rents is increased by 100 basis points or more.

Pre-Delivery Date Adjustments to Basic Rent, Stipulated Loss Values and Termination Values. On or prior to the Delivery Date, the percentages for Basic Rent referred to in Schedule II of the Lease and the percentages for Stipulated Loss Value and Termination Value in Schedule III and Schedule IV, respectively, of the Lease shall be adjusted (upward or downward), subject to the procedures set forth in Section 3.04 of the Lease and the minimum values established by Section 3.05 of the Lease and the definitions of Stipulated Loss Value and Termination Value, to reflect changes in the pricing assumptions with respect to (i) the Delivery Date being other than August 19June 2, 1997, (ii) a different rate of interest or amortization schedule assumed by the Owner Participant in calculating such percentages from that assumed by the Owner Participant in originally calculating such percentages, (iii) Transaction Costs being other than as assumed in Section 10.01 hereof, (iv) any change in the length of the Basic Term (but in no event shall the Term exceed 23.25 years) and (v) a Change in Tax Law which occurs after the date of the execution of this Agreement but on or prior to the Delivery Date. Notwithstanding anything herein to the contrary, the Lessee shall have no obligation to enter into the transaction contemplated by this Agreement other than with respect to Transaction Costs as described in Section 2.03 below and its obligation to purchase the Aircraft as provided in Section 3.05(a) hereof if, as a result of a Change in Tax Law after the date of execution of this Agreement but on or prior to the Delivery Date, the Net Present Value of Rents is increased by 100 basis points or more.