PURCHASE RIGHT AIRCRAFT. 22.1 Embraer shall grant Buyer the right to purchase up to twenty [*****] EMBRAER 195 aircraft (the “Purchase Right Aircraft”) configured as per Attachment “A1” and available to Buyer at the [*****] that are applicable to the Aircraft (the “Purchase Right Basic Price”), [*****]
22.2 Subject to no material default on the part of the Buyer having occurred and continuing on the date of exercise, the right to purchase each of the Purchase Right Aircraft shall be exercised by means of a written notice (the “Exercise Notice”) from Buyer to Embraer, and such right is subject to the existence of enough production capacity at Embraer to comply with Buyer’s desirable delivery schedule.
22.3 In case Embraer has not received Exercise Notices for all Purchase Right Aircraft on or before December 2012 Buyer shall be deemed to have relinquished its right to acquire any unexercised Purchase Right Aircraft. The Exercise Notice shall specify the desirable delivery month for the Purchase Right Aircraft that Buyer intends to firm-up. The contractual delivery date for any Purchase Right Aircraft (“Purchase Right Aircraft Contractual Delivery Date”) shall be no later than [*****].
22.4 Following receipt by Embraer of Buyer’s Exercise Notice, Embraer shall inform Buyer if the desired Purchase Right Aircraft Contractual Delivery Date requested by Buyer is acceptable; otherwise, Embraer shall inform Buyer the closest non-committed delivery position available for sale.
22.5 In case Buyer and Embraer agree in terms of the new Purchase Right Aircraft Contractual Delivery Date, Buyer shall immediately remit to Embraer a [*****] for each exercised Purchase Right Aircraft (the “[*****]”). The Purchase Right Aircraft payment terms and conditions shall be in accordance with schedule and all terms and conditions contained in Article 4 of this Agreement, mutatis mutandis.
22.6 The product support package to be applied to the exercised Purchase Right Aircraft shall be in accordance with the terms and conditions contained in Article 2.4 of Attachment “B”.
22.7 If the purchase rights are exercised by Buyer as specified above and the relevant delivery dates are agreed, and the [*****] is paid by Buyer as specified above, an amendment to this Agreement shall be executed by and between the Parties within [*****] following the Purchase Right Aircraft exercise date, setting forth the specific terms and conditions, if any, applicable exclusively to the Purchase Right Aircraft.
22.8 All payments are ...
PURCHASE RIGHT AIRCRAFT. 3.1 The Seller hereby grants the Buyer the right (the “Purchase Right”) to purchase the Purchase Right Aircraft subject to the terms and conditions set forth in this Paragraph 3.
PURCHASE RIGHT AIRCRAFT. 21.1 Embraer hereby grants Buyer the right to purchase up to one hundred (100) additional EMBRAER 175 [***] model aircraft (the “Purchase Right Aircraft”) configured as per Attachment “A” and available to Buyer at [***], which [***] is subject to [***].
21.2 Subject to [***] the right to purchase each of the Purchase Right Aircraft shall be exercised by means of a written notice (the “Exercise Notice”) from Buyer to Embraer. The Exercise Notice shall furthermore [***], which shall [***] (“Purchase Right Aircraft Contractual Delivery Date”).
21.3 In the event that Embraer has not received Exercise Notice for [***] Purchase Right Aircraft on or before [***] Buyer shall [***] Purchase Right Aircraft.
21.4 Following receipt by Embraer of the Exercise Notice, Embraer shall [***]; otherwise, Embraer shall [***]. If the [***] Purchase Right Aircraft Contractual Delivery Date [***], then Embraer shall [***].
21.5 In the event Buyer and Embraer agree to [***] and in order to secure the Purchase Right Aircraft delivery positions, Buyer shall [***]. The Purchase Right Aircraft payment terms and conditions shall be [***].
21.6 If the purchase rights are exercised by Buyer as specified above, [***]. The Parties agree that the [***].
21.7 In the event [***] any [***], Embraer [***], Embraer shall [***]; provided that [***].
PURCHASE RIGHT AIRCRAFT. The Credit Memoranda described in this Letter Agreement will be provided at delivery of each Purchase Right Aircraft that is exercised pursuant to the terms of Letter Agreement 3323-06 to the Purchase Agreement.
PURCHASE RIGHT AIRCRAFT. If Customer exercises the right to make Purchase Right Aircraft firm 737-8 Aircraft as described in Letter Agreement XIA-PA-03807-LA-1301967, Customer will receive the same deal protection on a percentage of the Airframe Price basis as the firm thirty nine (39) 737-8 Aircraft described in this Letter Agreement, except that Purchase Right Aircraft will use the then-current base year dollar amounts for the Airframe Price and Optional Features prices. Boeing reserves the right to apply the protection described in Letter Agreement XIA-PA-03807-LA-1301956 “Volume Agreement” to the Purchase Right Aircraft.
PURCHASE RIGHT AIRCRAFT. Article 21.1 of the Purchase Agreement is hereby deleted and replaced in its entirety by the following:
21.1 Embraer shall grant Buyer the right to purchase [*****] additional [*****] (the “Purchase Right Aircraft”) configured as per Attachment “A”, as may be amended from time to time, and available to Buyer [*****] that are applicable to the Aircraft (the “Purchase Right Basic Price”), [*****]”.
PURCHASE RIGHT AIRCRAFT any or all of the [CONFIDENTIAL PORTION HAS BEEN OMITTED BECAUSE IT (I) IS NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED] Aircraft that the Buyer has the right to purchase from the Seller subject to the terms and conditions hereof. [CONFIDENTIAL PORTION HAS BEEN OMITTED BECAUSE IT (I) IS NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED] Scheduled Delivery Month – as defined in Clause 9.1 or as otherwise provided in this Agreement.
PURCHASE RIGHT AIRCRAFT any or all of the [CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] Aircraft that the Buyer has the right to purchase from the Seller subject to the terms and conditions hereof. [CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] Scheduled Delivery Month – as defined in Clause 9.1 or as otherwise provided in this Agreement.
PURCHASE RIGHT AIRCRAFT any or all of the [*CTR*] Aircraft that the Buyer has the right to purchase from the Seller subject to the terms and conditions hereof. [*CTR*]
PURCHASE RIGHT AIRCRAFT. Subparagraph 3.2 of Letter Agreement No. 2 of the Agreement is canceled and replaced with the following quoted text: QUOTE
