PRICE ESCALATION/ADJUSTMENT Sample Clauses

PRICE ESCALATION/ADJUSTMENT. The rates and price quoted by the contractor shall be fixed for the duration of the contract and shall not be subjected to adjustment on any account unless specifically stated in relevant tender clause.
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PRICE ESCALATION/ADJUSTMENT. The Price Escalation Adjustment with respect to On-Wing Engines associated with Airbus Aircraft and Spare Engines shall be as set forth in Attachment D (the “CFM Proposal”), which attachment is incorporated herein by reference, with the understanding that any escalation provision in the Airbus Aircraft purchase agreement shall supercede the Agreement with respect to Airbus On-Wing Engines. By way of example, the “Price Escalation Adjustment” shall represent a number which, when multiplied by the Engine Price, results in the price to be paid by Airline upon delivery. CFM will provide Airline with the indices used by CFM in the calculation of the Price Escalation Adjustment so that Airline may verify such calculation. CFM PROPRIETARY INFORMATION (subject to restrictions on first page) ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. LETTER AGREEMENT NO. 1 In consideration of Airlines selection of the CFM56-5B Engine to power its fleet of new Airbus A319 and A320 Aircraft and the terms and conditions above, CFM agrees to the following:
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PRICE ESCALATION/ADJUSTMENT. The Price Escalation Adjustment with respect to On-Wing Engines associated with Airbus Aircraft, and Spare Engines shall be as set forth in Attachment D (the “CFM Proposal”), which attachment is incorporated herein by reference, with the understanding that any escalation provision in the Airbus Aircraft purchase agreement shall supercede the Agreement with respect to Airbus On-Wing Engines. By way of example, the “Price Escalation Adjustment” shall represent a number which, when multiplied by the Engine Price, results in the price to be paid by Airline upon delivery. CFM will provide Airline with the indices used by CFM in the calculation of the Price Escalation Adjustment so that Airline may verify such calculation. CFM agrees to provide Airline, as a special allowance, the following price adjustment caps: ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. CFM PROPRIETARY INFORMATION (subject to restrictions on first page) Notwithstanding any previous agreements between Airbus and CFM relating to the subject matter of this Letter Agreement, all Engines delivered directly to Airbus from CFM for the Firm Order and Option Aircraft in accordance with the Aircraft Order Delivery Schedule set forth in Attachment A, and all spare Engines delivered to Airline directly from CFM with delivery dates that occur on or before ***** shall be subject to a price adjustment due to escalation as described below. The below escalation adjustments will also apply to all Special Allowances, Paragraph B below, for Aircraft delivering before ***** If the price adjustment due to escalation ***** ***** The installed escalation cap is an agreement between CFM and Airline. ***** The price of each Spare Engines delivered directly to Airline from CFM with delivery dates that occur on or before *****, shall be subject to escalation from January 2010 to the month of each applicable delivery, in accordance with Attachment D and subject to the Escalation Cap. For Engines delivered directly to Airbus from CFM for installation on the firm Aircraft with delivery dates on or after ***** or Spare Engines delivered directly to Airline on or after ***** the total cumulative escalation in Attachment D from January 2010 to the date of delivery shall apply to such Aircraft with no escalation cap or limit. In consideration of Airline’s selection of the CFM56-5B Engine to power its fleet of new Airbus A320 family Aircraft and...
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Related to PRICE ESCALATION/ADJUSTMENT

  • Escalation Adjustments The base airframe and special features price will be escalated according to the applicable airframe and engine manufacturer escalation provisions contained in Exhibit D of the Agreement. Buyer agrees that the engine escalation provisions will be adjusted if they are changed by the engine manufacturer prior to signing the Option Aircraft Supplemental Agreement. In such case, the then-current engine escalation provisions in effect at the time of execution of the Option Aircraft Supplemental Agreement will be incorporated into such agreement.

  • Consideration Adjustment The Parties agree to treat all payments made pursuant to this Article IX as adjustments to the Cash Distribution for Tax purposes, except as otherwise required by Law following a final determination by the U.S. Internal Revenue Service or a Governmental Authority with competent jurisdiction.

  • Anti-Dilution Adjustments For all purposes of this Section 3.10, the number of shares of Class A Common Stock and the corresponding number of Common Units shall be determined after giving effect to all anti-dilution or similar adjustments that are applicable, as of the date of exercise or vesting, to the option, warrant, restricted stock or other equity interest that is being exercised or becomes vested under the applicable Stock Option Plan or other Equity Plan and applicable award or grant documentation.

  • Capitalization Adjustments The number of Shares subject to the Option and the exercise price per Share shall be equitably and appropriately adjusted as provided in Section 12.2 of the Plan.

  • Annual Compensation Adjustments During the Employment Period, the Board of Directors of the Company (or an appropriate committee thereof) will consider and appraise, at least annually, the contributions of the Executive to the Company, and in accordance with the Company’s practice prior to the Change in Control of the Company, due consideration shall be given to the upward adjustment of the Executive’s Annual Base Salary, at least annually, (a) commensurate with increases generally given to other executives of the Company of comparable status and position to the Executive, and (b) as the scope of the Company’s operations or the Executive’s duties expand.

  • Merger Consideration Adjustment Notwithstanding anything in this Agreement to the contrary, if, from the date of this Agreement until the Effective Time, the number of outstanding Shares shall have been changed into a different number of shares or a different class by reason of any reclassification, stock split (including a reverse stock split), recapitalization, split-up, combination, exchange of shares, readjustment or other similar transaction, or a stock dividend or stock distribution thereon shall be declared with a record date within said period, the Merger Consideration shall be appropriately adjusted to provide the holders of Shares the same economic effect as contemplated by this Agreement prior to such event.

  • Anti-Dilution Adjustments to Exercise Price If the Company or any Subsidiary thereof, as applicable, at any time while this Warrant is outstanding, shall sell or grant any option to purchase, or sell or grant any right to reprice, or otherwise dispose of or issue (or announce any offer, sale, grant or any option to purchase or other disposition) any Common Stock or securities entitling any person or entity to acquire shares of Common Stock (upon conversion, exercise or otherwise) (including but not limited to under the Note), at an effective price per share less than the then Exercise Price (such lower price, the “Base Share Price” and such issuances collectively, a “Dilutive Issuance”) (if the holder of the Common Stock or Common Stock Equivalents so issued shall at any time, whether by operation of purchase price adjustments, elimination of an applicable floor price for any reason in the future (including but not limited to the passage of time or satisfaction of certain condition(s)), reset provisions, floating conversion, exercise or exchange prices or otherwise, or due to warrants, options or rights per share which are issued in connection with such issuance, be entitled or potentially entitled to receive shares of Common Stock at an effective price per share which is less than the Exercise Price at any time while such Common Stock or Common Stock Equivalents are in existence, such issuance shall be deemed to have occurred for less than the Exercise Price on such date of the Dilutive Issuance (regardless of whether the Common Stock or Common Stock Equivalents are (i) subsequently redeemed or retired by the Company after the date of the Dilutive Issuance or (ii) actually converted or exercised at such Base Share Price), then the Exercise Price shall be reduced at the option of the Holder and only reduced to equal the Base Share Price, and the number of Warrant Shares issuable hereunder shall be increased such that the aggregate Exercise Price payable hereunder, after taking into account the decrease in the Exercise Price, shall be equal to the aggregate Exercise Price prior to such adjustment (for the avoidance of doubt, the aggregate Exercise Price prior to such adjustment is calculated as follows: the total number of Warrant Shares multiplied by the initial Exercise Price in effect as of the Issuance Date). Such adjustment shall be made whenever such Common Stock or Common Stock Equivalents are issued, regardless of whether the Common Stock or Common Stock Equivalents are (i) subsequently redeemed or retired by the Company after the date of the Dilutive Issuance or (ii) actually converted or exercised at such Base Share Price by the holder thereof (for the avoidance of doubt, the Holder may utilize the Base Share Price even if the Company did not actually issue shares of its common stock at the Base Share Price under the respective Common stock Equivalents). The Company shall notify the Holder in writing, no later than the Trading Day following the issuance of any Common Stock or Common Stock Equivalents subject to this Section 2(b), indicating therein the applicable issuance price, or applicable reset price, exchange price, conversion price and other pricing terms (such notice the “Dilutive Issuance Notice”). For purposes of clarification, whether or not the Company provides a Dilutive Issuance Notice pursuant to this Section 2(b), upon the occurrence of any Dilutive Issuance, after the date of such Dilutive Issuance the Holder is entitled to receive a number of Warrant Shares based upon the Base Share Price regardless of whether the Holder accurately refers to the Base Share Price in the Notice of Exercise.

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