Setoff Payments. Notwithstanding anything to the contrary contained herein, before being required to make any payments to the Buyer, the Seller will have the right to deduct from any such payments an amount equal to any other amounts due and owing by any Buyer Party to the Seller or any Affiliate thereof under any agreement between a Buyer Party and the Seller or any of its Affiliates.
Setoff Payments. Notwithstanding anything to the contrary contained herein, before being required to make any payments under Clause 11.1 the Seller will have the right to apply any and all sums previously paid by the Buyer to the Seller with respect to an Aircraft to the payment of any other amounts the Buyer or any of its Affiliates owes to the Seller or any Affiliate thereof under any agreement between them.
Setoff Payments. Notwithstanding anything to the contrary contained herein, the Seller may set-off any matured obligation owed by the Buyer or any of its Affiliates to the Seller or any of its Affiliates against any obligation (whether or not matured) owed by the Seller or any of its Affiliates to the Buyer or any of its Affiliates, regardless of the place of payment or currency.
Setoff Payments. Notwithstanding anything to the contrary contained herein, before being required to make any payments under Clauses 11.1 or 11.3 above, the Seller will have the right to apply any and all sums previously paid by the Buyer to the Seller with respect to a terminated Aircraft to the payment of any other amounts the Buyer owes to the Seller or any Affiliate thereof under any agreement between them. ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. Spirit Airlines - A320 FAMILY – PA 29
Setoff Payments. If the Buyer terminates the Agreement pursuant to this Clause 11, and is entitled to the return of Predelivery Payments as set forth in Subclause 11.4 or 11.5, and notwithstanding anything to the contrary contained herein, the Seller shall have the right to apply any and all Predelivery Payments previously paid by the Buyer to the Seller with respect to an Aircraft first to the payment of any other amounts owing from the Buyer to the Seller or any affiliate thereof under any agreement between them, including any amount the Buyer owes the Seller under the Financial Matters Agreement dated the date hereof between the Buyer and the Seller.
Setoff Payments. Notwithstanding anything contained herein to the contrary, before being required to make any payments under Clauses 11.1 or 11.3 above, the Seller will have the right to apply any and all sums previously paid by the Buyer to the Seller with respect to an Aircraft as to which this Agreement has been terminated to the payment of any other amounts that any Buyer or any Affiliate of the Buyer owes to the Seller or any Affiliate thereof under any agreement between them. ***** CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT. LA 14 - 8 USA – Amended and Restated Letter Agreement No. 14 to Amended and Restated Airbus A350 XWB Purchase Agreement EXECUTION PRIVILEGED AND CONFIDENTIAL
Setoff Payments. 46 11.1. Setoff........................................................................................46 11.2. Ratable Payments..............................................................................46 ARTICLE XII BENEFIT OF AGREEMENT; ASSIGNMENTS; PARTICIPATIONS.........................................47 12.1. Successors and Assigns........................................................................47 12.2. Participations................................................................................47 12.3. Assignments...................................................................................48 12.4. Dissemination of Information..................................................................49 12.5. Tax Treatment.................................................................................49 ARTICLE XIII NOTICES...................................................................................49 13.1. Notices.......................................................................................49 13.2. Change of Address.............................................................................50 ARTICLE XIV COUNTERPARTS..............................................................................50 ARTICLE XV CHOICE OF LAW; CONSENT TO JURISDICTION; WAIVER OF JURY TRIAL .............................50 15.1.CHOICE OF LAW.....................................................................................50 15.2.CONSENT TO JURISDICTION...........................................................................50 15.3.WAIVER OF JURY TRIAL..............................................................................51 SCHEDULES AND EXHIBITS
Setoff Payments. Notwithstanding anything to the contrary contained herein, before being required to make any payments under Clauses 11.1 or 11.3 above, the Seller will have the right to apply any and all sums previously paid by the Buyer to the Seller with respect to an Aircraft as USA — Airbus A330 Purchase Agreement PA — 31 of 95 EXECUTION PRIVILEGED AND CONFIDENTIAL **Confidential Treatment Requested. to which this Agreement has been terminated to the payment of any other amounts that any Buyer or any Affiliate of the Buyer owes to the Seller or any Affiliate thereof under any agreement between them.
Setoff Payments
