ContractAircraft Sale Agreement • December 2nd, 2014
Contract Type FiledDecember 2nd, 2014aircraft, the risks and opportunities associ- ated with the agreement, and the additional factors the parties considered relevant. The negotiated price provides a profit on the sale of the 10 aircraft even if C does not receive any additional production orders from B. It is unlikely, however, that C actually would have wanted to manufacture the 10 aircraft but for the expectation that it would receive additional production orders from B. In 2003, B accepts delivery of the 10 aircraft. At that time, B orders an additional 20 aircraft of the same type for delivery in 2007. When ne- gotiating the price for the additional 20 air- craft, C and B consider the fact that the ex- pected unit cost for this production run of 20 aircraft will be lower than the unit cost of the 10 aircraft completed and accepted in 2003, but substantially higher than the ex- pected unit cost of future production runs. Based upon these facts, aggregation is not permitted under paragraph (e)(2) of this sec- tion. Bec