Letter Agreement

CONFIDENTIAL AMENDMENT No.14 TO LETTER AGREEMENT DCT-015/2004

 
 
EXHIBIT 10.40(n)
CONFIDENTIAL TREATMENT
REQUESTED PURSUANT TO RULE 24b-2
Certain portions of this exhibit have been omitted pursuant to a request for confidential treatment under Rule 24b-2 of the Securities Exchange Act of 1934. The omitted materials have been filed separately with the Securities and Exchange Commission.
 
CONFIDENTIAL

 

This Amendment No.14 to Letter Agreement DCT-015/2004, dated as of June 5th, 2008 (“Amendment No. 14”) relates to the Letter Agreement DCT-015/2004 (the “Letter Agreement”) between Embraer - Empresa Brasileira de Aeronáutica S.A. (“Embraer”) and Republic Airline Inc. (“Buyer”) dated March 19, 2004 and which concerns the Purchase Agreement DCT-014/2004 (the “Purchase Agreement”), as amended from time to time (collectively referred to herein as “Agreement”).  This Amendment No. 14 is between Embraer and Buyer, collectively referred to herein as the “Parties”.

This Amendment No. 14 sets forth additional agreements between Embraer and Buyer, in connection with Amendment No. 21 to Purchase Agreement dated as of the date hereof, related to the [*] and [*].
 
Except as otherwise provided for herein all terms of the Letter Agreement shall remain in full force and effect. All capitalized terms used in this Amendment No. 14 that are not defined herein shall have the meaning given in the Letter Agreement. In the event of any conflict between this Amendment No. 14 and the Letter Agreement the terms, conditions and provisions of this Amendment No. 14 shall control.

 
NOW, THEREFORE, for good and valuable consideration which is hereby acknowledged Embraer and Buyer hereby agree as follows:

1.  
Additional Assistance
 
1.1 For any Aircraft to be delivered after the date hereof, [*]:
   
  [*]
   
2.
[*]
   
2.1 [*]
   
2.2 [*]


 

 



_____
* Confidential

 
 
 

 
CONFIDENTIAL
 
 

 
IN WITNESS WHEREOF, EMBRAER and BUYER, by their duly authorized officers, have entered into and executed this Amendment No. 14 to Letter Agreement to be effective as of the date first written above.
 
 
EMBRAER – Empresa Brasileira de Aeronáutica S.A.
   
Republic Airline Inc.
 
         
/s/ Mauro Kern Junior
     
Name: Mauro Kern Junior
   
Name 
 
Title: Executive Vice President Airline Market 
   
Title
 
 
 
         
/s/ José Luis D. Molina
   
 
 
Name: José Luis D. Molina
   
 
 
Title: Vice President Contracts Airline Market 
   
 
 

         
Witness: /s/ Carlos Martins Dutra
   
Witness: /s/ Lars-Erik Arnell
 
Name: Carlos Martins Dutra
   
Name: