AMENDMENT No. 9 TO PURCHASE OF AGREEMENT DCT-054/98
Exhibit 10.37(i)
AMENDMENT No. 9 TO PURCHASE OF AGREEMENT DCT-054/98
This Amendment No. 9 (the "Amendment") dated as of September 20, 2000 is between EMBRAER - Empresa Brasileira de Aeronautica S.A. ("EMBRAER") and Continental Express, Inc. ("BUYER" ), collectively hereinafter referred to as the "PARTIES", and relates to Purchase Agreement No. DCT-054/98 dated December 23, 1998, as amended from time to time (together with its Attachments, the Amendments to Purchase Agreement and Letter Agreements, the EMB-135 Purchase Agreement") for the purchase of up to fifty (50) new EMB-135 aircraft (the "AIRCRAFT").
This Amendment sets forth the further agreement between EMBRAER and BUYER relative to the delivery date of the SEVENTEENTH (17TH) and EIGHTEENTH (18TH) AIRCRAFT. All terms defined in the EMB-135 Purchase Agreement shall have the same meaning when used herein and in case of any conflict between this Amendment and the Purchase Agreement, this Amendment shall control.
NOW, THEREFORE, for good and valuable consideration, which is hereby acknowledged, EMBRAER and BUYER hereby agree as follows:
- Item " a " of Article 5 - DELIVERY, of the Purchase Agreement, is hereby amended to read in its entirely as follows:
AIRCRAFT: Subject to payment in accordance with Article 4 hereof and compliance with the conditions of this Agreement, the AIRCRAFT shall be made available for delivery by EMBRAER to BUYER in F.A.F. (Fly Away Factory) condition, at São Xxxx dos Xxxxxx, State of São Paulo, Brazil, according to the following schedule:
|
Aircraft |
Aircraft Contractual Delivery Dates |
Aircraft |
Aircraft Contractual Delivery Dates |
|
1st |
July 1999 |
26th |
[CONFIDENTIAL MATERIAL OMITTED AND FILED SEPAR- ATELY WITH THE SECURITIES AND EXCHANGE COMMIS- SION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] |
|
2nd |
August 1999 |
27th |
|
|
3rd |
September 1999 |
28th |
|
|
4th |
October 1999 |
29th |
|
|
5th |
November 1999 |
30th |
|
|
6th |
December 1999 |
31st |
|
|
7th |
January 2000 |
32nd |
|
|
8th |
February 2000 |
33rd |
|
|
9th |
March 2000 |
34th |
|
|
10th |
April 2000 |
35th |
|
|
11th |
May 2000 |
36th |
|
|
12th |
June 2000 |
37th |
|
|
13th |
July 2000 |
38th |
|
|
14th |
August 2000 |
39th |
|
|
15th |
September 2000 |
40th |
|
|
16th |
October 2000 |
41st |
|
|
17th |
October 2000 |
42nd |
|
|
18th |
November 0000 |
00xx |
|
|
00xx |
January 2001 |
44th |
|
|
20th |
January 2001 |
45th |
|
|
[CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] |
|||
2. All other terms and conditions of the Purchase Agreement, which are not specifically amended by this Amendment, shall remain in full force and effect without any change.
IN WITNESS WHEREOF, EMBRAER and BUYER, by their duly authorized officers, have entered into and executed this Amendment No. 9 to the Purchase Agreement to be effective as of the date first written above.
EMBRAER - Empresa Brasileira CONTINENTAL EXPRESS, INC.
de Aeronautica S.A.
By : /s/ Xxxxxxxxx Xxxxxx Curado By : /s/ Xxxxxxxxx X. Xxxxxx
Name : Xxxxxxxxx Xxxxxx Curado Name : Xxxxxxxxx X. xxxxxx
Title : Executive Vice President Title : VP Finance &CFO
Airline Market
By : /s/ Xxxxxx Xxxxxx
Name : Xxxxxx Xxxxxx
Title : Director of Contracts
Date: September 20, 2000 Date: September 15, 2000
Place : S. Xxxx Xxxxxx - SP Place : Houston, TX
Witness: /s/ Xxxx Xxxx Xxxxxx Witness: /s/ Xxx X. Xxxxxx
Name : Xxxx Xxxx Xxxxxx Name : Xxx X. Xxxxxx
