US Airways 2007 Annual Report Download - page 609

5.2.5 SCN Predelivery Payment
In addition to Predelivery Payments payable under Clause 5.2.3, the Seller will be entitled to request Predelivery Payments for each SCN executed after
signature of this Agreement to the extent that the aggregate price of all SCNs selected by the Buyer exceeds US$ ** (US dollars – **).
(i) For each such SCN executed **
(ii) For each such SCN executed **
5.3 Initial Payment
The Seller acknowledges that it has received from the Buyer the sum of US $** (US dollars—**), which represents a nonrefundable amount of $**
(US dollars—**) (the "Initial Payment") for each A330-200 Aircraft. **
5.4 Payment of Balance of the Final Contract Price
Concurrent with each Delivery, the Buyer will pay to the Seller the Balance of the Final Contract Price for the applicable Aircraft. The Seller's receipt
of the full amount of all Predelivery Payments and of the Balance of the Final Contract Price, including any amounts due under Clause 5.6, will be a
condition precedent to the Seller's obligation to deliver such Aircraft to the Buyer.
5.5 Application of Payments
Notwithstanding any other rights the Seller may have at contract or at law, the Buyer and the Seller hereby agree that should any amount (whether
under this Agreement or under any other agreement between the Buyer or any of its Affiliates and the Seller or any of its Affiliates and whether at the
stated maturity of such amount, by acceleration or otherwise) become due and payable by the Buyer or its Affiliates, and not be paid in full in
immediately available funds on the date due, then the Seller will have the right to debit and apply, in whole or in part, the Predelivery Payments paid to
the Seller by the Buyer hereunder against such unpaid amount. The Seller will promptly notify the Buyer in writing after such debiting and application,
and the Buyer will immediately pay to the Seller the amount owed to comply with Clause 5.2.3.
5.6 Overdue Payments If any payment due the Seller is not received by the Seller on the date or dates agreed on between the Buyer and the Seller, the
Seller will have the right to claim from the Buyer and the Buyer will promptly pay to the Seller on receipt of such claim interest at the rate ** on the
amount of such overdue payment, to be calculated from and including the due date of such payment to (but excluding) the date such payment is
received by the Seller,
USA — Airbus A330 Purchase Agreement
PA — 19 of 95
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