AMENDMENT N° 4 TO LETTER OF AGREEMENT DCT-026/2003
EXECUTION COPY
Exhibit 10.18(d)
AMENDMENT N° 4 TO LETTER OF AGREEMENT DCT-026/2003
This Amendment No. 4 to Letter of Agreement DCT-026/2003, dated as of October 17, 2007 (“Amendment 4”) relates to Letter Agreement DCT-026/2003 between Embraer - Empresa Brasileira de Aeronáutica S.A. (“Embraer”) and JetBlue Airways Corporation (“Buyer”) dated June 9, 2003 as amended from time to time (collectively referred to herein as “Letter Agreement”). This Amendment 4 is between Embraer and Buyer, collectively referred to herein as the “Parties”.
This Amendment 4 sets forth the further agreement between Embraer and Buyer relative to [***] among other things. All capitalized terms used in this Amendment 4 and not defined herein, shall have the meaning given in the Purchase Agreement, and in case of any conflict between this Amendment 4, the Letter Agreement, the terms of this Amendment 4 shall control.
Now, therefore, for good and valuable consideration, which is hereby acknowledged, Embraer and Buyer hereby agree as follows:
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[***] |
Represents material which has been redacted and filed separately with the Commission pursuant to a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. |
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Amendment N° 4 to the LOA DCT-026/2003 |
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EXECUTION COPY
Exhibit 10.18(d)
AMENDMENT N° 4 TO LETTER OF AGREEMENT DCT-026/2003
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[***] |
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2. |
[***] Representative |
A new bullet shall be inserted in the Attachment B to the Purchase Agreement just after the third bullet of Article 2.3.2 a. as follows:
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3. |
[***] |
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[***] |
Represents material which has been redacted and filed separately with the Commission pursuant to a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. |
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Amendment N° 4 to the LOA DCT-026/2003 |
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EXECUTION COPY
Exhibit 10.18(d)
AMENDMENT N° 4 TO LETTER OF AGREEMENT DCT-026/2003
All other terms and conditions of the Letter Agreement, which are not specifically amended by this Amendment 4, shall remain in full force and effect without any change.
______________|
[***] |
Represents material which has been redacted and filed separately with the Commission pursuant to a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. |
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Amendment N° 4 to the LOA DCT-026/2003 |
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EXECUTION COPY
Exhibit 10.18(d)
AMENDMENT N° 4 TO LETTER OF AGREEMENT DCT-026/2003
IN WITNESS WHEREOF, Embraer and Buyer, by their duly authorized officers, have entered into and executed this Amendment 4 to the Letter Agreement to be effective as of the date first written above.
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Embraer - Empresa Brasileira |
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JetBlue Airways Corporation | ||
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By: |
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By: |
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Name: |
Antonio Xxxx Xxxxxxx Xxxxx |
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Name: |
Xxxx X. Xxxxxx |
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Title: |
Executive Vice President Corporate |
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Title: |
Vice President Aircraft Programs and |
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By: |
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Name: |
Xxxx Xxxx X. Xxxxxx |
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Title: |
Vice President Contracts |
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Date: |
October 17, 2007 |
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Date: |
October 17, 2007 |
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Place: |
São Xxxx Dos Xxxxxx, XX |
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Place: |
Forest Hills, NY USA |
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Witness: |
/s/ Xxxxx X. Xxxxxx |
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Witness: |
/s/ Xxxx X. Xxxxxxx |
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Name: |
Xxxxx Xxxxx Natali |
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Name: |
Xxxx X. Xxxxxxx |
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Amendment N° 4 to the LOA DCT-026/2003 |
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