Amendment of the Purchase Agreement. The Purchase Agreement is hereby ----------------------------------- amended to provide that all references therein to the "Receivables Purchase Agreement", to "this Agreement" and "herein" shall be deemed from and after the Repurchase Date to be a dual reference to the Purchase Agreement as supplemented by this Reconveyance. Except as expressly amended hereby, all of the representations, warranties, terms, covenants and conditions of the Purchase Agreement shall remain unamended and shall continue to be, and shall remain, in full force and effect in accordance with its terms and except as expressly provided herein shall not constitute or be deemed to constitute a waiver of compliance with or a consent to non-compliance with any term or provision of the Purchase Agreement.
Amendment of the Purchase Agreement. Within thirty (30) days following Final Configuration Boeing and Customer will execute a written amendment to the Purchase Agreement which will reflect the following:
3.1 changes applicable to the basic Model 787 aircraft which are developed by Boeing between the date of signing of the Purchase Agreement and date of Final Configuration (Baseline Changes);
3.2 incorporation into Exhibit A of the Purchase Agreement of those optional features which have been agreed to by Customer and Boeing (Customer Configuration Changes). [*]
3.3 revisions to the Performance Guarantees to reflect the effects, if any, on Aircraft performance of the incorporation of the Customer Configuration Changes;
3.4 changes to the Optional Features Prices, Aircraft Basic Price and the Advance Payment Base Price of the Aircraft to adjust for the difference, if any, between the prices estimated in Table 1 of the Purchase Agreement for optional features reflected in the Aircraft Basic Price and the actual prices of the optional features reflected in the Customer Configuration Changes; and * Confidential material omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000
3.5 changes to the Advance Payment Base Price of the Aircraft to adjust for the difference between the estimated amount included in Table 1 of the Purchase Agreement for In-Flight Entertainment (IFE) and the price of the IFE reflected in the Customer Configuration Changes.
Amendment of the Purchase Agreement. (a) Section 7.9 of the Purchase Agreement is hereby amended in its entirety to be and read as follows:
Amendment of the Purchase Agreement. Within [*] days following Final Configuration pursuant to Article 1.2, above, Boeing and Customer will execute a written amendment to the Purchase Agreement which will reflect the following:
2.1 Changes applicable to the basic Model 787 aircraft which are developed by Boeing between the [*] pursuant to Article 1.2, above ([*]);
2.2 Incorporation into Exhibit A of the Purchase Agreement of those Customer Selections which have been agreed to by Customer and Boeing (Customer Configuration Changes);
2.3 Revisions to the [*].
2.4 Changes to the Optional Features Price, Aircraft Basic Price and the Advance Payment Base Price of the Aircraft to adjust for (i) the difference, if any, between the [*].
Amendment of the Purchase Agreement. Effective on the date hereof and subject to the satisfaction of the condition precedent set forth in Section 2 below, the Purchase Agreement is hereby amended by amending and restating in its entirety the definition of “Commitment Expiration Date” set forth in Section 1.01 of the Purchase Agreement to read as follows:
Amendment of the Purchase Agreement a. The definition of “Stated Maturity Date” is hereby amended and restated in its entirety to mean “April 14, 2011”.
b. Sections 7.1, 7.8, 7.9 and 7.10 of the Purchase Agreement are hereby deleted in their entirety.
Amendment of the Purchase Agreement a. The Sellers, the Assignee and the Assignor hereby agree that the Purchase Agreement is amended to assign, transfer and set over all of the Assignor's right, title and interest to and under the Purchase Agreement to the Assignee and to remove the Assignor as a party thereto and furthermore, that the Purchase Agreement is amended by deleting in its entirety any occurrence of the language "Banc of America Mortgage Capital Corporation" and replacing it with "Bank of America, N.A."
b. The Sellers, the Assignee and the Assignor hereby agree that Article 1 of the Purchase Agreement is amended by inserting the following definition: "Anti-Money Laundering Laws: All applicable anti-money laundering laws and regulations, including without limitation the USA Patriot Act of 2001."
Amendment of the Purchase Agreement. (a) The terms "Amendment", "Primary Registration Statement" and "Resale Registration Statement" shall be deleted from the glossary of the Purchase Agreement.
Amendment of the Purchase Agreement. The first paragraph of Section 2.4 of the Purchase Agreement shall be deleted in its entirety and the following substituted in lieu thereof:
Amendment of the Purchase Agreement. Within [******************] days following Final Configuration, Boeing and Customer will execute a written amendment to the Purchase Agreement which will reflect the following:
3.1 Changes applicable to the basic Model 787 aircraft which are developed by Boeing between the date of signing of the Purchase Agreement and date of Final Configuration;
3.2 Incorporation into Exhibit A1 of the Purchase Agreement, by written amendment, those optional features which have been agreed to by Customer and Boeing pursuant to Article 1.2 above (Customer Configuration Changes);
3.3 Revisions to the Performance Guarantees to reflect the effects, if any, on Aircraft performance resulting from the incorporation of the Customer Configuration Changes and inclusion of a mission payload guarantee representing Customer’s operation on the Fuzhou (FOC) to New York (JFK) route; and
3.4 Changes to the [****************************************************] to [***************************************] estimated in Table 2 of the Purchase Agreement for [*******************************] and the [*************************] reflected in the Customer Configuration Changes.
