PREDELIVERY PAYMENTS Sample Clauses
The Predelivery Payments clause outlines the buyer's obligation to make payments to the seller before the delivery of goods or completion of services. Typically, this clause specifies the timing, amounts, and conditions under which these advance payments must be made, such as upon signing the contract or reaching certain project milestones. By establishing clear terms for upfront payments, the clause ensures the seller receives necessary funds to commence or continue work, thereby reducing financial risk and facilitating smooth project progress.
PREDELIVERY PAYMENTS. Any and all Predelivery Payments that the Buyer has paid to the Seller and which would no longer be due as a result of the amendments described herein will be [***].
PREDELIVERY PAYMENTS. Predelivery Payments for each [CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] Option Aircraft will be paid according to the following schedule: Except as set forth herein, Clause 5.3 of the Agreement will apply to [CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT]
PREDELIVERY PAYMENTS. 5.2.1 Predelivery Payments will be paid by the Buyer to the Seller for each Aircraft. Predelivery Payments are nonrefundable (although amounts equal to Predelivery Payments may be paid to the Buyer under Clauses 10.4 and 11.3 of this Agreement). The Buyer will pay Predelivery Payments to the Seller totalling [***] of the Predelivery Payment Reference Price defined below in Clause 5.2.2.
5.2.2 The Predelivery Payment Reference Price is defined as: A = Pb (1 + 0.04N) where A = the Predelivery Payment Reference Price for an Aircraft to be delivered in calendar year T. Pb = the Base Price of the Aircraft as defined in Clause 3 above. N = (T – 2003). T = the year of delivery of the relevant Aircraft.
5.2.3 Predelivery Payments will be paid according to the following schedule. [***] On signature of this Agreement No later than the first Working Day of the following months: [***] ([***]) [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] TOTAL PAYMENT PRIOR TO DELIVERY [***] All Predelivery Payments for which the payment due date falls before signature of this Agreement will be paid at signature of this Agreement.
5.2.4 The Seller will be entitled to hold and use any Predelivery Payment as absolute owner thereof subject to (i) the obligation to deduct Predelivery Payments from the Final Contract Price when calculating the Balance of the Final Contract Price, (ii) Clause [***] of the Agreement, (iii) Clause [***] of the Agreement, or (iv) [***] Predelivery Payments as may be set forth elsewhere in this Agreement. The Seller will be under no obligation to segregate any Predelivery Payment from the Seller’s funds generally.
PREDELIVERY PAYMENTS. 5.3.1 Predelivery Payments are nonrefundable (although amounts equal to Predelivery Payments may be paid to the Buyer pursuant to Clause 10 or 11) and will be paid by the Buyer to the Seller for the Aircraft.
PREDELIVERY PAYMENTS. 5.3.1 This information is subject to confidential treatment and has been omitted and filed separately with the Commission. A319/A320 – CSN – 01/04 CC-C 3370036/02
5.3.4 This information is subject to confidential treatment and has been omitted and filed separately with the Commission. A319/A320 – CSN – 01/04 CC-C 3370036/02
PREDELIVERY PAYMENTS. 5.3.1 The Buyer shall pay Predelivery Payments to the Seller calculated on the predelivery payment reference price of each Aircraft, The predelivery payment reference price is determined by the following formula: ***
5.3.5 Clause 5 - Page 2/5
PREDELIVERY PAYMENTS. If an Excusable Delay or Total Loss occurs with respect to any Aircraft, the payment schedule for unpaid Predelivery Payments with respect to such Aircraft will be adjusted to reflect the revised Scheduled Delivery Month or Scheduled Delivery Quarter that the Seller notifies the Buyer. In the event this Agreement is terminated with respect to any Aircraft under the terms of Clause 10.3 or 10.4, [CONFIDENTIAL PORTION HAS BEEN OMITTED BECAUSE IT (I) IS NOT MATERIAL AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED]
PREDELIVERY PAYMENTS. The Buyer will make all Predelivery Payments with respect to the Amendment No. 8 Converted Aircraft pursuant to clause 5 of the Agreement, as amended by Letter Agreement No. 2 to the Agreement. Any Predelivery Payments with respect to the Amendment No. 8 Converted Aircraft falling due prior to the date hereof by virtue of the changes set out in this Clause 2, should there be any, but not paid by the Buyer prior to the date hereof, shall be paid within five (5) Business Days of the date of this Amendment No. 8. CT0903391 ***** Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission.
PREDELIVERY PAYMENTS. The Buyer will make all Predelivery Payments with respect to the Amdt 21 Converted Aircraft pursuant to clause 5 of the Agreement, as amended by Letter Agreement No. 2 to the Agreement and Amendment No.
PREDELIVERY PAYMENTS. 5.3.1 The Buyer shall pay Predelivery Payments to the Seller calculated on the predelivery payment reference price of each NEO Aircraft. The predelivery payment reference price is determined by the following formula: ****
5.3.2 Such Predelivery Payments shall be made in accordance with the following schedule: **** In the event of the above schedule resulting in any Predelivery Payment falling due prior to the date of signature of this Amendment N°2, such Predelivery Payments shall be made upon signature of this Amendment N°2. Within **** after the date of this Amendment N°2, the Seller shall provide the Buyer with a detailed Predelivery Payment schedule including amounts and due dates in respect of all Predelivery Payments payable under this Amendment N°2.
5.3.3 Any Predelivery Payment received by the Seller shall constitute an instalment in respect of the Final Price of the NEO Aircraft. The Seller shall be entitled to hold and use any Predelivery Payment as absolute owner thereof ****.
5.3.4 If any Predelivery Payment is not received within **** following notice from the Seller to the Buyer that the relevant Predelivery Payments was not received on or before the relevant due date specified in Clause 5.3.2 then, in addition to any other rights and remedies available to Seller, the Seller shall have no obligation to deliver any or all of the NEO Aircraft remaining to be delivered under the Amendment N°2 within their respective Scheduled Delivery Month(s). Upon receipt of the full amount of all delayed Predelivery Payments, together with any amount due pursuant to Clause 5.7, the Seller shall inform the Buyer of new Scheduled Delivery Month(s) consistent with the Seller’s other commitments and production capabilities.