Affected Aircraft definition

Affected Aircraft any or all Aircraft with respect to which the Seller has cancelled or terminated this Agreement pursuant to Clause 20.2.1 D,

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Affected Aircraft. (a) any or all Aircraft with respect to which the Seller has cancelled or terminated this Agreement pursuant to Clause 21.1.2(1)(iv).

Affected Aircraft has the meaning given to such term in Clause 4.5.

Examples of Affected Aircraft in a sentence

• Seller hereby agrees that, provided a Replacement Notice is received within five (5) Business Days (or such shorter period agreed between Seller and Purchaser) following such termination of the Affected Aircraft, upon receipt of the Replacement Notice it shall use reasonable commercial efforts to replace the Affected Aircraft with the next substitute alternative aircraft made available by the Airframe Manufacturer that meets the Specification.

• Either pursuant to the Agreement or by mutual agreement between Boeing and Buyer, in the event the scheduled month of delivery of any Aircraft is revised or Model 737 aircraft are substituted for one Aircraft such that the Affected Aircraft scheduled months of delivery are revised from those identified in paragraph 1.

• Seller hereby agrees that, provided a Replacement Notice is received within five (5) Business Days (or such shorter period agreed between Seller and Purchaser) following such termination of the Affected Aircraft, upon receipt of the Replacement Notice it shall use reasonable commercial efforts to replace the Affected Aircraft with the next substitute alternative aircraft made available by the Airframe Manufacturer that meets the Airbus Delivery Condition Specification (the “Replacement Aircraft”).

• Seller shall then return to Buyer the prorata portion of the unapplied First and Second (and third, if applicable) Downpayments with respect to such Affected Aircraft within five (5) business days.

• If such election to terminate is made, then termination under this Section with respect to such Affected Aircraft shall terminate and discharge all obligations and liabilities of Buyer and Seller hereunder with respect to such Aircraft and all undelivered items and services to be furnished hereunder which are related thereto.

• If, following such sixty-day period or ninety-day period, as the case may be, with respect to a delay under this Section 4.7, this Agreement is not terminated with respect to the Affected Aircraft in accordance with the provisions of this Section 4.7, then the time of delivery otherwise required hereunder shall be extended unless and until terminated in accordance with this Section 4.7.

More Definitions of Affected Aircraft

Affected Aircraft. “Applicable Date” and “Escalated Base Price” are defined as follows:

Affected Aircraft has the meaning set forth in Section 6.5(c) below.

Affected Aircraft any or all Aircraft with respect to which the Seller has cancelled or terminated this Agreement pursuant to Clause 20. 2 (1) (iv), CT1706024 – Amended and Restated A350-900 Purchase Agreement – execution version AIRBUS S.A.S. & UNITED AIRLINES, INC. – PROPRIETARY AND CONFIDENTIAL 86 (ii) “Applicable Date” – for any Affected Aircraft the date of the Termination Event specified in the Seller’s notice and demand for payment of liquidated damages delivered under Clause 20.2(3). (iii) “Escalated Price” - the sum of (i) the Base Price of the Aircraft and (ii) the Base Price of SCNs and MSCNs entered into after the date of this Agreement, all as escalated to the Applicable Date in accordance with the provisions of Clause 4. CT1706024 – Amended and Restated A350-900 Purchase Agreement – execution version AIRBUS S.A.S. & UNITED AIRLINES, INC. – PROPRIETARY AND CONFIDENTIAL 87 21 - ASSIGNMENTS AND TRANSFERS 21.1 Assignments Except as hereinafter provided, neither party may sell, assign, novate or transfer its rights or obligations under this Agreement to any person without the prior written consent of the other, except that the Seller may sell, assign, novate or transfer its rights or obligations under this Agreement to any Affiliate without the Buyer’s consent.

Affected Aircraft any or all Aircraft with respect to which the Seller has cancelled or terminated this Agreement pursuant to Clause 21.2 (1)(iv). “Applicable Date” — for any Affected Aircraft the date of the Termination Event which the Seller specifies in its notice and demand for payment of liquidated damages delivered under Clause 21.2.(3).

Affected Aircraft means any or all Aircraft with respect to which the Seller *** has cancelled or terminated this Agreement pursuant to Clause 20.4.1 or 20.4.2, (ii) “Applicable Date” means for any Affected Aircraft the date of the Termination Event specified in the Seller’s notice and demand for payment of liquidated damages delivered under Clause 20.4.2(2), (iii) “Escalated Price” means the sum of (a) the Base Price of the Aircraft and (b) the Base Price of SCNs and MSCNs entered into after the date of this Agreement, all as escalated to the Applicable Date in accordance with the provisions of Clause 4. (iv) *** UNQUOTE CT1706024 – Amended and Restated A350-900 Purchase Agreement – execution version AIRBUS S.A.S. & UNITED AIRLINES, INC. – PROPRIETARY AND CONFIDENTIAL LA9-23

Affected Aircraft means the Aircraft bearing CAC-IDs [***].