Confidential Treatment. Customer and Boeing consider certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. 6-1162-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26, 2018 FEDERAL EXPRESS CORPORATION By /s/ Xxxx X. Xxxxxx Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 Accelerated Block B Aircraft SA-28
Appears in 1 contract
Samples: Letter Agreement (Fedex Corp)
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoingforegoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect heretothereto, and as required by law. 6-1162-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26September 29, 2018 2014 FEDERAL EXPRESS CORPORATION By /s/ Xxxxxxx X. Xxxx X. Xxxxxx Its Vice President Aircraft Acquisition Attachments A, B and C FED-PA-03712-LA-1208292R1 September 23, 2014 BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 Federal Express Corporation 0000 Xxxxxxxx Xxxx Xxxxxxx, XX 00000 Subject: [*] References: (a) Customer Services General Terms Agreement No. S2-2 (CSGTA) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) (b) Supplemental Agreement No. 5 to Purchase Agreement No. PA-3712 (Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Model 767-3S2F aircraft (Aircraft) [*] Customer understands that Boeing considers certain commercial and financial information contained in this offer as confidential. Customer agrees that it will treat this offer and the information contained herein as confidential and will not, without the prior written consent of Boeing, disclose this offer or any information contained herein to any other person or entity without the written consent of Boeing. Please sign and return this offer on or before September 30, 2014, the date on which this offer will otherwise expire. * Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. FED-LA-1403577 September 23, 2014 BOEING PROPRIETARY AGREED AND ACCEPTED this September 29, 2014 Date THE BOEING COMPANY FEDERAL EXPRESS CORPORATION /s/ L. Xxxxxxx Xxxxxx /s/ Xxxxxxx X. Xxxx Signature Signature /s/ L. Xxxxxxx Xxxxxx /s/ Xxxxxxx X. Xxxx Printed name Printed name Attorney-in-Fact Vice President Title Title * Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F B767F aircraft manufactured by The Boeing Company for FedEx have been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 Accelerated Block B Aircraft SA-28FED-LA-1403577 September 23, 2014
Appears in 1 contract
Samples: Supplemental Agreement (Fedex Corp)
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporationcompany, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. 6-1162-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx XXXXXX X. XXXX Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26December 14, 2018 FEDERAL EXPRESS CORPORATION 2011 Federal Express Corporation By /s/ Xxxx XXXXXXX X. Xxxxxx XXXX Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have * Blank spaces contained confidential information which has been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to filed separately with the Securities and Exchange Commission or its staff upon requestpursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. Special Matters – SA-28 Accelerated Block B Aircraft SA-28BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 FED-PA-03712-LA-1106160 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxxxxx XX 00000 Subject: Spare Parts Initial Provisioning Reference: a) Purchase Agreement No. 3712 (Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Model 767-3S2F aircraft (Aircraft);
Appears in 1 contract
Confidential Treatment. Customer and Boeing consider understands that certain commercial and financial information contained in this Letter Agreement /and attachment(s) hereto is considered by Boeing as confidential. Each of Customer and Boeing agree agrees that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know confidential and who understand that they are not to disclose its content to any other person or entity will not, without the prior written consent of Boeing. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions or any information contained herein to its parent company, any other person or entity. * Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it is both (i) not material and (ii) the type that FedEx Corporation, to treats as private or confidential. BOEING PROPRIETARY If the Board foregoing correctly sets forth your understanding of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality our agreement with respect heretoto matters described above, please indicate your acceptance and as required by lawapproval below. 6-1162-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By By: /s/ L. Xxxxxxx Xxxxxx Its X. Xxxx Its: Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26April 30, 2018 2010 FEDERAL EXPRESS CORPORATION By By: /s/ Xxxxxxx X. Xxxx X. Xxxxxx Its Its: Vice President — Aircraft Acquisitions/SAO Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 Accelerated Block B Aircraft SA-28.
Appears in 1 contract
Samples: Supplemental Agreement (Fedex Corp)
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. 6FED-1162S2-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 2-LA-1501881 July 06, 2015 BOEING PROPRIETARY * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. If the foregoing correctly sets forth your understanding of our agreement with respect to the matters treated above, please indicate your acceptance and approval below. Very truly yours, /s/ Xxxxx Xxxxxx THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26, 2018 FEDERAL EXPRESS CORPORATION July 21 Federal Express Corporation By /s/ Xxxxxxx X. Xxxx X. Xxxxxx Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have FED-S2-2-LA-1501881 July 06, 2015 BOEING PROPRIETARY * Blank spaces contained confidential information which has been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to filed separately with the Securities and Exchange Commission or its staff upon requestpursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. Special Matters – SA-28 Accelerated Block B Aircraft SA-28The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000
Appears in 1 contract
Samples: Letter Agreement (Fedex Corp)
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporationcompany, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. 6* Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-1162-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx XXXXXX X. XXXX Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26December 14, 2018 FEDERAL EXPRESS CORPORATION 2011 Federal Express Corporation By /s/ Xxxx XXXXXXX X. Xxxxxx XXXX Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have * Blank spaces contained confidential information that has been omitted excluded pursuant to Item 601(a)(5601(b)(10)(iv) of Regulation S-K because the information contained therein it is both (i) not material and is not otherwise publicly disclosed(ii) the type that FedEx treats as private or confidential. FedEx will furnish supplementally copies of these attachments BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 FED-PA-03712-LA-1106160 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxxxxx XX 00000 Subject: Spare Parts Initial Provisioning Reference: a) Purchase Agreement No. 3712 (Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 Accelerated Block B Aircraft SA-28Model 767-3S2F aircraft (Aircraft);
Appears in 1 contract
Samples: Letter Agreement (Fedex Corp)
Confidential Treatment. Customer understands and Boeing consider certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree agrees that it will treat this Letter Agreement and the information contained herein as confidentialrepresents confidential business information of Boeing and has value precisely because it is not available generally or to other parties. Customer agrees to limit the disclosure of the its contents of this Letter Agreement to (a) its directors and officers, (b) employees of Customer with a need to know the contents for performing its obligations (including, without limitation, those employees performing accounting, finance, administration and other functions necessary to finance and purchase, deliver or lease the Aircraft) and who understand that they are not to disclose its content contents to any other person or entity (other than those to whom disclosure is permitted by this paragraph 7), without the prior written consent of BoeingBoeing and (c) any auditors, financial advisors, attorneys and independent contractors of Customer who have a need to know such information and have signed a confidentiality agreement in the same form and substance similar to this paragraph 7. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions herein shall be fully responsible to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality Boeing for compliance with respect hereto, and as required by lawsuch obligations. 6-1162-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Xxx Xxxxxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26September 13, 2018 FEDERAL EXPRESS 2013 AIR LEASE CORPORATION By /s/ Xxxxx Xxxx X. Xxxxxx Its Executive Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by HAZ-PA-03659-LA-1104729R1 SA-2 Liquidated Damages Non-Excusable Delay LA Page 3 BOEING PROPRIETARY Enclosure 27 The Boeing Company for FedEx X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 HAZ-PA-03659-LA-1104730R1 Air Lease Corporation 0000 Xxxxxx xx xxx Xxxxx, Xxxxx 0000X Xxx Xxxxxxx, XX 00000 Subject: Model 787 Open Configuration Matters Reference: Purchase Agreement No. PA-03659 (Purchase Agreement) between The Boeing Company (Boeing) and Air Lease Corporation (Customer) relating to Model 787-9 and 787-10 aircraft (collectively, the Aircraft) This letter agreement (Letter Agreement) cancels and supersedes Letter Agreement HAZ-PA-03659-LA-1104730 and amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement shall have been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to same meaning as in the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 Accelerated Block B Aircraft SA-28Purchase Agreement.
Appears in 1 contract
Samples: Letter Agreement (Air Lease Corp)
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporationcompany, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. 6* Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-1162K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. FED-LKJ-0768 PA-03712-LA-1106824 Customer Support Matters December 12, 2011 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 1 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx XXXXXX X. XXXX Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26December 14, 2018 2011 Federal Express Corporation By /S/ XXXXXXX X. XXXX Its Vice President Attachment A FED-PA-03712-LA-1106824 Customer Support Matters December 12, 2011 Page 2 BOEING PROPRIETARY AIRCRAFT GENERAL TERMS AGREEMENT AGTA-FED between THE BOEING COMPANY and FEDERAL EXPRESS CORPORATION By /s/ Xxxx X. Xxxxxx Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have been omitted pursuant to Item 601(a)(5) of Regulation SAGTA-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 Accelerated Block B Aircraft SA-28FED BOEING PROPRIETARY TABLE OF CONTENTS PAGE ARTICLES NUMBER
Appears in 1 contract
Samples: Letter Agreement (Fedex Corp)
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoingforegoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect heretothereto, and as required by law. 6-11621169-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 LKJ-0773 SA-11 BOEING PROPRIETARY * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26June 18, 2018 FEDERAL EXPRESS CORPORATION By /s/ Xxxxxxx X. Xxxx X. Xxxxxx Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery Aircraft Acquisitions & Planning and pricing of certain B777F aircraft manufactured by Performance 6-1169-LKJ-0773 SA-11 BOEING PROPRIETARY The Boeing Company P.X. Xxx 0000 Xxxxxxx, XX 00000-0000 FED-SU-1106178R3 Federal Express Corporation 3600 Xxxxx Xxxxx Xxxx Xxxxxxx, XX 00000 Subject: Federal Express Corporation [*] References: 1) Purchase Agreement No. PA-03712 (767 Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Model 767-3S2F aircraft (Aircraft) 2) FED-MO-1105406 R1 Proposal for FedEx have been omitted pursuant to Item 601(a)(5767-300 Boeing Converted Freighter (BCF) of Regulation SProgram (Proposal for 00 000-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 Accelerated Block B Aircraft SA-28000 BCF aircraft)
Appears in 1 contract
Samples: Supplemental Agreement (Fedex Corp)
Confidential Treatment. Customer and Boeing consider certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoingforegoing, Boeing acknowledges that Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporationcompany, FedEx Corporation, and to its Customer’s and FedEx Corporation’s professional advisors under a duty of confidentiality with respect heretothereto, and as required by law. 6* Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-1162K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. FED-LKJ-0768 PA-3157-LA-1802894 SA-30 Special Matters for Block E Aircraft Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26Date June 18, 2018 FEDERAL EXPRESS CORPORATION By /s/ Xxxxxxx X. Xxxx X. Xxxxxx Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery Aircraft Acquisitions & Planning and pricing of certain B777F aircraft manufactured by Performance FED-PA-3157-LA-1802894 SA-30 Special Matters for Block E Aircraft Page 3 BOEING PROPRIETARY The Boeing Company for FedEx have been omitted pursuant X.X. Xxx 0000 Xxxxxxx, XX 00000 2207 6-1169-LKJ-0776 Federal Express Corporation 0000 Xxxxxxxx Xxxx Xxxxxxx, XX 00000 Subject: SA-30 Option Aircraft Reference: (a) Purchase Agreement No. 3157 (Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Item 601(a)(5Model 777-FREIGHTER aircraft (Aircraft) of Regulation S(b) Letter Agreement 6-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. 1162-RRO-1066R1, Special Matters – SA-28 Accelerated for Block B Aircraft SA-28Aircraft
Appears in 1 contract
Samples: Letter Agreement (Fedex Corp)
Confidential Treatment. Customer and Boeing consider certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. * Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. 6-1162-LKJ-0768 LKJ-0737R1 Page 2 Special Matters – SA-28 SA-26 Accelerated Block B C Aircraft SA-28 SA-29 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26February 2, 2018 FEDERAL EXPRESS CORPORATION By /s/ Xxxxxxx X. Xxxx X. Xxxxxx Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery VP Aircraft Acquisitions & Planning and pricing of certain B777F aircraft manufactured by Performance Special Matters – SA-26 Accelerated Block C Aircraft SA-29 BOEING PROPRIETARY The Boeing Company for X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 FedEx have been omitted pursuant to Item 601(a)(5) of Regulation Scontract # 00-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. 0000-000 6-1162-LKJ-0766 Federal Express Corporation 0000 Xxxxxxxx Xxxx Xxxxxxx, XX 00000 Subject: Special Matters – SA-28 SA-29 Accelerated Block B Aircraft SA-28Reference: (a) Purchase Agreement No. 3157 (Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Model 777-FREIGHTER aircraft (Aircraft)
Appears in 1 contract
Samples: Fedex Corp
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. 6-1162-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx XXXXXX X. XXXX Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26December 14, 2018 FEDERAL EXPRESS CORPORATION 2011 Federal Express Corporation By /s/ Xxxx XXXXXXX X. Xxxxxx XXXX Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have * Blank spaces contained confidential information which has been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to filed separately with the Securities and Exchange Commission or its staff upon requestpursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 FED-PA-03712-LA-1106207 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxx Xxxxxxx, XX 00000 Subject: Special Matters – SA-28 Accelerated Block B for Firm Aircraft SA-28Reference: Purchase Agreement No. PA-3712 (Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Model 767-3S2F aircraft (Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement shall have the same meaning as in the Purchase Agreement. The credit memorandum provided for in this Letter Agreement will be applicable to the Aircraft identified in Table 1-A of the Purchase Agreement only.
Appears in 1 contract
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement business consideration as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement business consideration and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement business consideration to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoingforegoing, Customer may disclose this Letter Agreement business consideration and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. 6-1162-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 BOEING PROPRIETARY SA-30 *Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. Very truly yours, THE BOEING COMPANY FEDERAL EXPRESS CORPORATION By /s/ L. Xxxxxxx Xxxxxx By /s/ Xxxxxxx X. Xxxx Its Attorney-In-Fact Its Vice President Aircraft Acquisitions & Planning and Performance ACCEPTED AND AGREED TO this Date: January 26June 18, 2018 FEDERAL EXPRESS CORPORATION By /s/ Xxxx X. Xxxxxx Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by SA-30 The Boeing Company for X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 FED-PA-3157-LA-1802894 FedEx have been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. contract # Federal Express Corporation 0000 Xxxxxxxx Xxxx Xxxxxxx, XX 00000 Subject: Special Matters – SA-28 Accelerated for Block B E Aircraft SA-28References: Purchase Agreement No. 3157 (the Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Model 777-FREIGHTER aircraft (the Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement have the same meaning as in the Purchase Agreement. The terms of this Letter Agreement apply to Block E1 Aircraft in Table 1-E1 and Block E2 Aircraft in Table 1-E2 (collectively, Block E Aircraft).
Appears in 1 contract
Samples: Letter Agreement (Fedex Corp)
Confidential Treatment. Customer and Boeing consider certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. * Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. 6-1162-LKJ-0768 LKJ-0766 Page 2 Special Matters Considerations – SA-28 Accelerated Block B Aircraft SA-28 SA-29 SA-29 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26February 2, 2018 FEDERAL EXPRESS CORPORATION By /s/ Xxxxxxx X. Xxxx X. Xxxxxx Its Vice President VP Aircraft Acquisitions & Planning and Performance Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. Special Matters Considerations – SA-28 Accelerated Block B Aircraft SA-28SA-29 SA-29
Appears in 1 contract
Samples: Fedex Corp
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Act of 1934, as amended. BOEING PROPRIETARY they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoingforegoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect heretothereto, and as required by law. 6-1162-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx XXXXXX X. XXXX Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26June 29, 2018 2012 FEDERAL EXPRESS CORPORATION By /s/ Xxxx XXXXXXX X. Xxxxxx XXXX Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by Aircraft Acquisition BOEING PROPRIETARY The Boeing Company for FedEx X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 FED-PA-03712-LA-1106156R1 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxxxxx XX 00000 Subject: Option Aircraft Reference: Purchase Agreement No. 3712 (Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Model 767-3S2F aircraft (Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. In addition, this Letter Agreement cancels and supersedes FED-PA-03712-LA-1106156 in its entirety. All terms used but not defined in this Letter Agreement shall have been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to same meaning as in the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 Accelerated Block B Aircraft SA-28Purchase Agreement.
Appears in 1 contract
Samples: Letter Agreement (Fedex Corp)
Confidential Treatment. Customer understands and Boeing consider certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree agrees that it will treat this Letter Agreement and the information contained herein as confidentialrepresents confidential business information and has value precisely because it is not available generally or to other parties. Customer agrees to limit the disclosure of the its contents of this Letter Agreement to employees of Customer with a need to know the contents for purposes of helping Customer perform its obligations under the Purchase Agreement and who understand that they are not to disclose its content contents to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. 6VLS-1162PA-03814-LKJ-0768 LA-1208461 Leasing Matters LA Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 4 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx X. Xxxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26September 18, 2018 FEDERAL EXPRESS CORPORATION 2012 AVOLON AEROSPACE LEASING LIMITED By /s/ Xxx Xxxx X. Xxxxxx Its Director VLS-PA-03814-LA-1208461 Leasing Matters LA Page 5 BOEING PROPRIETARY ATTACHMENT A EXPLANATION & INSTRUCTIONS: The Partial Assignment of Rights form which follows as Attachment A must be executed prior to the provision of the training, services and Materials described in the applicable Supplemental Exhibit (Customer Support Document) to the Purchase Agreement. It assigns only rights described in such document and does not assign warranty or other rights under the Purchase Agreement, which are reserved until delivery and are assigned at that time. VLS-PA-03814-LA-1208461 Leasing Matters Attachment A Page 1 BOEING PROPRIETARY Boeing Commercial Airplanes X.X. Xxx 0000 Xxxxxxx, Xxxxxxxxxx 00000-0000 Attention: Vice President Omitted Attachments Certain attachments - Contracts Mail Stop 75-38 Subject: Partial Assignment of Rights - Avolon Aerospace Leasing Limited as Lessor and as Lessee of Model 737-800 Aircraft Gentlemen: In connection with the lease by Avolon Aerospace Leasing Limited (Customer) to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have been omitted pursuant to Item 601(a)(5(Lessee) of Regulation S-K because the information contained therein a Boeing aircraft (more fully described below), reference is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments made to the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 Accelerated Block B Aircraft SA-28following documents:
Appears in 1 contract
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoingforegoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect heretothereto, and as required by law. 6FED-1162PA-03712-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 LA-1106158R2 SA-6 BOEING PROPRIETARY * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26July 21, 2018 2015 FEDERAL EXPRESS CORPORATION By /s/ Xxxxxxx X. Xxxx X. Xxxxxx Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by Aircraft Acquisition FED-PA-03712-LA-1106158R2 SA-6 BOEING PROPRIETARY The Boeing Company for FedEx X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 FED-PA-03712-LA-1106177R1 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxx Xxxxxxx, XX 00000 Subject: [*] Reference: Purchase Agreement No. 3712 (Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Model 767-3S2 Freighter aircraft (Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement shall have been omitted the same meaning as in the Purchase Agreement. Boeing and Customer wish to enter into an agreement pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx which each party will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 Accelerated Block B Aircraft SA-28[*] as more specifically provided below.
Appears in 1 contract
Samples: Letter Agreement (Fedex Corp)
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. 6-1162-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx XXXXXX X. XXXX Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26December 14, 2018 FEDERAL EXPRESS CORPORATION 2011 Federal Express Corporation By /s/ Xxxx XXXXXXX X. Xxxxxx XXXX Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by BOEING PROPRIETARY The Boeing Company for FedEx X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 FED-PA-03712-LA-1106158 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxxxxx XX 00000 Subject: Right to Purchase Additional Aircraft Reference: Purchase Agreement No. 3712 (Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Model 767-S2F aircraft (Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement shall have been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to same meaning as in the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 Accelerated Block B Aircraft SA-28Purchase Agreement.
Appears in 1 contract
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoingforegoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect heretothereto, and as required by law. 6FED-1162PA-03712-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 LA-0000000X0 SA-6 BOEING PROPRIETARY * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26July 21, 2018 2015 FEDERAL EXPRESS CORPORATION By /s/ Xxxxxxx X. Xxxx X. Xxxxxx Its Vice President Omitted Aircraft Acquisition Attachments Certain attachments to this exhibit regarding delivery A, B and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have C FED-PA-03712-LA-0000000X0 SA-6 BOEING PROPRIETARY * Blank spaces contained confidential information which has been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to filed separately with the Securities and Exchange Commission or its staff upon requestpursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. Special Matters – SA-28 Accelerated Block Attachment A to Letter Agreement FED-PA-03712-LA-0000000X0 [*] FED-PA-03712-LA-0000000X0 SA-6 Attachment A BOEING PROPRIETARY * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. Attachment B Aircraft SA-28to Letter Agreement FED-PA-03712-LA-0000000X0 [*] FED-PA-03712-LA-0000000X0 SA-6 Attachment B BOEING PROPRIETARY * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. Attachment C to Letter Agreement FED-PA-03712-LA-0000000X0 ESCALATION EXAMPLE [*] FED-PA-03712-LA-0000000X0 SA-6 Attachment C BOEING PROPRIETARY * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 FED-PA-03712-LA-1106154R2 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxxxxx XX 00000
Appears in 1 contract
Samples: Letter Agreement (Fedex Corp)
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. 6-1162-LKJ-0768 Page 2 Special * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. Firm Aircraft Delivery Matters – SA-28 Accelerated Block B Aircraft SA-28 BOEING PROPRIETARY September 30, September 30, Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx XXXXXX X. XXXX Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26December 14, 2018 FEDERAL EXPRESS CORPORATION 2011 Federal Express Corporation By /s/ Xxxx XXXXXXX X. Xxxxxx XXXX Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by Firm Aircraft Delivery Matters BOEING PROPRIETARY September 30, September 30, The Boeing Company for FedEx X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 FED-PA-03712-LA-1106155 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxx Xxxxxxx, XX 00000 Subject: Open Configuration Matters Reference: Purchase Agreement No. 3712 (Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Model 767-3S2F aircraft (Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement shall have been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to same meaning as in the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 Accelerated Block B Aircraft SA-28Purchase Agreement.
Appears in 1 contract
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. If the foregoing correctly sets forth your understanding of our agreement with respect to matters described above, please indicate your acceptance and approval below. * Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. 6-1162-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 RRO-1066R1 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx XXXXXX X. XXXX Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26December 11, 2018 2012 FEDERAL EXPRESS CORPORATION By /s/ Xxxx XXXXXXX X. Xxxxxx XXXX Its Vice President Aircraft Acquisition Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 Accelerated Block B Aircraft SA-286-1162-RRO-1066R1
Appears in 1 contract
Samples: Supplemental Agreement (Fedex Corp)
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. 6-1162-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 BOEING PROPRIETARY * Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx XXXXXX X. XXXX Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26December 14, 2018 FEDERAL EXPRESS CORPORATION 2011 Federal Express Corporation By /s/ Xxxx XXXXXXX X. Xxxxxx XXXX Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have * Blank spaces contained confidential information that has been omitted excluded pursuant to Item 601(a)(5601(b)(10)(iv) of Regulation S-K because the information contained therein it is both (i) not material and is (ii) the type that FedEx treats as private or confidential. BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 FED-PA-03712-LA-1106207 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxx Xxxxxxx, XX 00000 Subject: Special Matters for Firm Aircraft Reference: Purchase Agreement No. PA-3712 (Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Model 767-3S2F aircraft (Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. All terms used but not otherwise publicly discloseddefined in this Letter Agreement shall have the same meaning as in the Purchase Agreement. FedEx The credit memorandum provided for in this Letter Agreement will furnish supplementally copies of these attachments be applicable to the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 Accelerated Block B Aircraft SA-28identified in Table 1-A of the Purchase Agreement only.
Appears in 1 contract
Samples: Letter Agreement (Fedex Corp)
Confidential Treatment. Customer and Boeing consider certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. * Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. 6-1162-LKJ-0768 LKJ-0766 Page 2 Special Matters – SA-28 SA-29 Accelerated Block B Aircraft SA-28 SA-29 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26February 2, 2018 FEDERAL EXPRESS CORPORATION By /s/ Xxxxxxx X. Xxxx X. Xxxxxx Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery VP Aircraft Acquisitions & Planning and pricing of certain B777F aircraft manufactured by Performance 6-1162-LKJ-0766 Page 3 Special Matters – SA-29 Accelerated Aircraft SA-29 BOEING PROPRIETARY The Boeing Company for X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 FedEx have been omitted pursuant contract # 00-0000-000 6-1162-LKJ-0767 Federal Express Corporation 0000 Xxxxxxxx Xxxx Xxxxxxx, XX 00000 Subject: Special Considerations – SA-29 Reference: (a) Purchase Agreement No. 3157 (Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Item 601(a)(5) of Regulation SModel 777-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 Accelerated Block B Aircraft SA-28FREIGHTER aircraft (Aircraft)
Appears in 1 contract
Samples: Fedex Corp
Confidential Treatment. Customer and Boeing consider certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoingforegoing, Boeing acknowledges that Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporationcompany, FedEx Corporation, and to its Customer’s and FedEx Corporation’s professional advisors under a duty of confidentiality with respect heretothereto, and as required by law. 6-11621169-LKJ-0768 LKJ-0778 SA-30 SA-30 [*] Matters Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 3 BOEING PROPRIETARY *Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26Date June 18, 2018 FEDERAL EXPRESS CORPORATION By /s/ Xxxxxxx X. Xxxx X. Xxxxxx Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery Aircraft Acquisitions & Planning and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have been omitted pursuant to Item 601(a)(5) of Regulation SPerformance 6-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 Accelerated Block B Aircraft SA-281169-LKJ-0776 SA-30
Appears in 1 contract
Samples: Letter Agreement (Fedex Corp)
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoingforegoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect heretothereto, and as required by law. 6FED-1162PA-03712-LKJ-0768 Page 2 LA-1208292R2 SA-6 Special Matters Concerning Escalation – SA-28 Accelerated Xxxxx X, Xxxxx X, Xxxxx X, Xxxxx F and Block B G Aircraft SA-28 Page 3 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26July 21, 2018 2015 FEDERAL EXPRESS CORPORATION By /s/ Xxxxxxx X. Xxxx X. Xxxxxx Its Vice President Omitted Aircraft Acquisition Attachments Certain attachments to this exhibit regarding delivery A, B and pricing of certain B777F aircraft manufactured by C FED-PA-03712-LA-1208292R2 SA-6 Special Matters Concerning Escalation – Xxxxx X, Xxxxx X, Xxxxx X, Xxxxx F and Block G Aircraft Page 4 BOEING PROPRIETARY The Boeing Company for FedEx have been omitted pursuant to Item 601(a)(5) of Regulation SX.X. Xxx 0000 Xxxxxxx, XX 00000-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. 0000 FED-PA-03712-LA-1208296R1 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxx Xxxxxxx, XX 00000 Subject: Special Matters – SA-28 Accelerated for Block B D Option Aircraft SA-28Reference: Purchase Agreement No. PA-3712 (Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Model 767-3S2F aircraft (Aircraft) This letter agreement (Letter Agreement) cancels and supersedes Letter Agreement FED-PA-03712-LA-1208296 and amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement shall have the same meaning as in the Purchase Agreement. The credit memorandum provided for in this Letter Agreement will be applicable to exercised Block D Option Aircraft only, which (i) are priced in [*] dollars and (ii) once exercised by the Customer will be added to Table 1-B1 of the Purchase Agreement (Exercised Block D Option Aircraft).
Appears in 1 contract
Samples: Letter Agreement (Fedex Corp)
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoingforegoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporationcompany, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect heretothereto, and as required by law. 6-1162-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Act of 1934, as amended. BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx XXXXXX X. XXXX Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26June 29, 2018 2012 FEDERAL EXPRESS CORPORATION By /s/ Xxxx XXXXXXX X. Xxxxxx XXXX Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have Aircraft Acquisition * Blank spaces contained confidential information which has been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to filed separately with the Securities and Exchange Commission or pursuant to Rule 24b-2 under the Securities Act of 1934, as amended. BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 FED-PA-03712-LA-1106158R1 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxxxxx XX 00000 Subject: Right to Purchase Additional Aircraft Reference: Purchase Agreement No. 3712 (Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Model 767-3S2F aircraft (Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. In addition, this Letter Agreement cancels and supersedes FED-PA-03712-LA-1106158 in its staff upon requestentirety. Special Matters – SA-28 Accelerated Block B Aircraft SA-28All terms used but not defined in this Letter Agreement shall have the same meaning as in the Purchase Agreement.
Appears in 1 contract
Samples: Letter Agreement (Fedex Corp)
Confidential Treatment. Customer and Boeing consider certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. * Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. 6-1162-LKJ-0768 LKJ-0758 Page 2 Special Matters – SA-28 SA-27 Accelerated Block B Aircraft SA-28 SA-27 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26October 12, 2018 2017 FEDERAL EXPRESS CORPORATION By /s/ Xxxx X. Xxxxxx Xxx Xxxxxxx Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 SA-27 Accelerated Block B Aircraft SA-28SA-27
Appears in 1 contract
Samples: Supplemental Agreement (Fedex Corp)
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. 6-1162-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. BOEING PROPRIETARY If the foregoing correctly sets forth your understanding of our agreement with respect to the matters treated above, please indicate your acceptance and approval below. Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx XXXXXX X. XXXX Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26December 14, 2018 2011 FEDERAL EXPRESS CORPORATION By /s/ Xxxx XXXXXXX X. Xxxxxx XXXX Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have * Blank spaces contained confidential information which has been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. BOEING PROPRIETARY Attachment A to Letter Agreement No FED-PA-03712-LA-06574 [ * ] * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 FED-PA-03712-LA-1106584 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxx Xxxxxxx, XX 00000 Subject: Aircraft Performance Guarantees Reference: Purchase Agreement No. 3712 (Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Model 767-3S2F firm aircraft listed on Table 1-A (Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement shall have the same meaning as in the Purchase Agreement. Boeing agrees to provide Customer with the performance guarantees in the Attachment. These guarantees are exclusive and expire upon delivery of the Aircraft to Customer. Customer agrees to limit the remedy for non-compliance of any performance guarantee to the terms in Letter Agreements No. FED-PA-03712-LA-1106153 entitled “Liquidated Damages – Non-Excusable Delay” and FED-PA-03712-LA-1106574 entitled “Agreement for Deviation from [ * ].” Confidential Treatment. Customer understands that Boeing considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its staff upon requestparent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. Special Matters – SA-28 Accelerated Block B * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. FED-PA-03712-LA-1106584 Aircraft SA-28Performance Guarantees December 12, 2011 LA Page 1 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ XXXXXX X. XXXX Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: December 14, 2011 FEDERAL EXPRESS CORPORATION By /s/ XXXXXXX X. XXXX Its Vice President FED-PA-03712-LA-1106584 Aircraft Performance Guarantees December 12, 2011 LA Page 2 BOEING PROPRIETARY Attachment to Letter Agreement No. FED-PA-03712-LA-1106584 CF6-80C2B6F Engines Page 2 MODEL 767-300 FREIGHTER PERFORMANCE GUARANTEES FOR S-544 SECTION CONTENTS 1 AIRCRAFT MODEL APPLICABILITY 2 FLIGHT PERFORMANCE 3 MANUFACTURER’S EMPTY WEIGHT 4 SOUND LEVELS 5 AIRCRAFT CONFIGURATION 6 GUARANTEE CONDITIONS 7 GUARANTEE COMPLIANCE 8 EXCLUSIVE GUARANTEES [ * ] * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended.
Appears in 1 contract
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. 6-1162-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx XXXXXX X. XXXX Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26December 14, 2018 FEDERAL EXPRESS CORPORATION 2011 Federal Express Corporation By /s/ Xxxx XXXXXXX X. Xxxxxx XXXX Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery A, B and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have C * Blank spaces contained confidential information which has been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to filed separately with the Securities and Exchange Commission or its staff upon requestpursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. BOEING PROPRIETARY Attachment A to Letter Agreement FED-PA-03712-LA-1106151 [ * ] * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. XXX-XX-00000-XX-0000000 Xxxxxxxxxx A December 12, 2011 BOEING PROPRIETARY Attachment B to Letter Agreement FED-PA-03712-LA-1106151 [ * ] * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. BOEING PROPRIETARY Attachment C to Letter Agreement FED-PA-03712-LA-1106151 [ * ] * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. XXX-XX-00000-XX-0000000 Xxxxxxxxxx C December 12, 2011 BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 FED-PA-03712-LA-1106152 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxxxxx, XX 00000 Subject: Special Matters Concerning [ * ] – SA-28 Accelerated Block B Firm Aircraft SA-28Reference: Purchase Agreement No. 3712 (Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Model 767-3S2F aircraft (Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement shall have the same meaning as in the Purchase Agreement.
Appears in 1 contract
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoingforegoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to * Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. 6-1162-LKJ-0744 SA-10 BOEING PROPRIETARY its professional advisors under a duty of confidentiality with respect heretothereto, and as required by law. 6-1162-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26May 10, 2018 2017 FEDERAL EXPRESS CORPORATION By /s/ Xxxxxxx X. Xxxx X. Xxxxxx Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F B767F aircraft manufactured by The Boeing Company for FedEx have been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 Accelerated Block B Aircraft SA-28.
Appears in 1 contract
Samples: Supplemental Agreement (Fedex Corp)
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement business consideration as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement business consideration and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement business consideration to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoingforegoing, Customer may disclose this Letter Agreement business consideration and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. 6-1162-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 BOEING PROPRIETARY Very truly yours, AGREED AND ACCEPTED this 28 October 2013 Date THE BOEING COMPANY By FEDERAL EXPRESS CORPORATION /s/ L. Xxxxxxx Xxxxxx Its X. Xxxx /s/ Xxxx X. Xxxxx Signature Signature Xxxxxx X. Xxxx Xxxx X. Xxxxx Printed Name Printed Name Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26, 2018 FEDERAL EXPRESS CORPORATION By /s/ Xxxx X. Xxxxxx Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have VP Title Title * Blank spaces contained confidential information which has been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to filed separately with the Securities and Exchange Commission or its staff upon requestpursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. Special 6-1162-SCR-186 October 1, 2013 BOEING PROPRIETARY 6-1162-SCR-193 November 29, 2013 Federal Express Corporation 0000 Xxxxxxxx Xxxx Xxxxxxx, XX 00000 Attention: Xx. Xxxxx Xxxxxxxx Managing Director – Aircraft Acquisitions & Sales Mr. Xxxxxxx Xxxxxx Senior Attorney Subject: [*] Matters – SA-28 Accelerated Block B Aircraft SA-28References: Purchase Agreement 3157 between The Boeing Company (Boeing) and Federal Express Corporation (Customer) dated November 7, 2006 (Purchase Agreement) relating to the purchase of 777F aircraft (Aircraft). Any capitalized term used but not defined herein shall have the meaning ascribed to it in the Purchase Agreement.
Appears in 1 contract
Samples: Supplemental Agreement (Fedex Corp)
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoingforegoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect heretothereto, and as required by law. 6-1162-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx XXXXXX X. XXXX Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26June 29, 2018 2012 FEDERAL EXPRESS CORPORATION By /s/ Xxxx XXXXXXX X. Xxxxxx XXXX Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by Aircraft Acquisition BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 FED-PA-03712-LA-1106584R1 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxx Xxxxxxx, XX 00000 Subject: Aircraft Performance Guarantees Reference: Purchase Agreement No. 3712 (Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Model 767-3S2F firm aircraft listed on Table 1-A or as otherwise agreed by Boeing and Customer in writing (Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. In addition, this Letter Agreement cancels and supersedes FED-PA-03712-LA-1106584 in its entirety. All terms used but not defined in this Letter Agreement shall have the same meaning as in the Purchase Agreement. Boeing agrees to provide Customer with the performance guarantees in the Attachment. These guarantees are exclusive and expire upon delivery of the Aircraft to Customer. Customer agrees to limit the remedy for FedEx have been omitted pursuant non-compliance of any performance guarantee to Item 601(a)(5) the terms in Letter Agreements No. FED-PA-03712-LA-1106153 entitled “Liquidated Damages – Non-Excusable Delay” and FED-PA-03712-LA-1106574 entitled “Agreement for Deviation from [*].” Confidential Treatment. Customer understands that Boeing considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Regulation S-K because Customer and Boeing agree that it will treat this Letter Agreement and the information contained therein is herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not material to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the foregoing, Customer may disclose this Letter Agreement and is not otherwise publicly disclosedthe terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect thereto, and as required by law. FedEx will furnish supplementally copies of these attachments to * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission or its staff upon requestpursuant to Rule 24b-2 under the Securities Act of 1934, as amended. Special Matters – SA-28 Accelerated Block B BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ XXXXXX X. XXXX Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: June 29, 2012 FEDERAL EXPRESS CORPORATION By /s/ XXXXXXX X. XXXX Its Vice President Aircraft SA-28Acquisition BOEING PROPRIETARY Attachment to Letter Agreement No. FED-PA-03712-LA-1106584R1 CF6-80C2B6F Engines Page 1 MODEL 767-300 FREIGHTER PERFORMANCE GUARANTEES FOR FEDERAL EXPRESS CORPORATION SECTION CONTENTS 1 AIRCRAFT MODEL APPLICABILITY 2 FLIGHT PERFORMANCE 3 MANUFACTURER’S EMPTY WEIGHT 4 SOUND LEVELS 5 AIRCRAFT CONFIGURATION 6 GUARANTEE CONDITIONS 7 GUARANTEE COMPLIANCE
Appears in 1 contract
Samples: Letter Agreement (Fedex Corp)
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement business consideration as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement business consideration and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement business consideration to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoingforegoing, Customer may disclose this Letter Agreement business consideration and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. 6-1162-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 BOEING PROPRIETARY Very truly yours, AGREED AND ACCEPTED this 28 October 2013 Date THE BOEING COMPANY By FEDERAL EXPRESS CORPORATION /s/ L. Xxxxxxx Xxxxxx Its X. Xxxx /s/ Xxxx X. Xxxxx Signature Signature Xxxxxx X. Xxxx Xxxx X. Xxxxx Printed Name Printed Name Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26, 2018 FEDERAL EXPRESS CORPORATION By /s/ Xxxx X. Xxxxxx Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have VP Title Title * Blank spaces contained confidential information that has been omitted excluded pursuant to Item 601(a)(5601(b)(10)(iv) of Regulation S-K because the information contained therein it is both (i) not material and is not otherwise publicly disclosed(ii) the type that FedEx treats as private or confidential. FedEx will furnish supplementally copies of these attachments 6-1162-SCR-186 October 1, 2013 BOEING PROPRIETARY 6-1162-SCR-193 November 29, 2013 Federal Express Corporation 0000 Xxxxxxxx Xxxx Xxxxxxx, XX 00000 Attention: Xx. Xxxxx Xxxxxxxx Managing Director – Aircraft Acquisitions & Sales Mr. Xxxxxxx Xxxxxx Senior Attorney Subject: [*] Matters References: Purchase Agreement 3157 between The Boeing Company (Boeing) and Federal Express Corporation (Customer) dated November 7, 2006 (Purchase Agreement) relating to the Securities and Exchange Commission or its staff upon requestpurchase of 777F aircraft (Aircraft). Special Matters – SA-28 Accelerated Block B Aircraft SA-28Any capitalized term used but not defined herein shall have the meaning ascribed to it in the Purchase Agreement.
Appears in 1 contract
Samples: Supplemental Agreement (Fedex Corp)
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoingforegoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect heretothereto, and as required by law. 6* Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-1162K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. FED-LKJ-0768 Page 2 PA-03712-LA-0000000X0 SA-6 Special Matters Concerning [*] – SA-28 Accelerated Block B Option Aircraft SA-28 and Certain Purchase Right Aircraft Page 3 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26July 21, 2018 2015 FEDERAL EXPRESS CORPORATION By /s/ Xxxxxxx X. Xxxx X. Xxxxxx Its Vice President Omitted Aircraft Acquisition Attachments Certain attachments to this exhibit regarding delivery A, B and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have C * Blank spaces contained confidential information that has been omitted excluded pursuant to Item 601(a)(5601(b)(10)(iv) of Regulation S-K because the information contained therein it is both (i) not material and is (ii) the type that FedEx treats as private or confidential. FED-PA-03712-LA-0000000X0 SA-6 Special Matters Concerning [*] – Option Aircraft and Certain Purchase Right Aircraft Page 4 BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 FED-PA-03712-LA-1106154 R2 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxxxxx XX 00000 Subject: Firm Aircraft and Option Aircraft Delivery Matters Reference: Purchase Agreement No. 3712 (Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Model 767-3S2F aircraft (Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. In addition, this Letter Agreement cancels and supersedes Letter Agreement FED-PA-03712-LA-1106154R1 in its entirety. All terms used but not otherwise publicly discloseddefined in this Letter Agreement shall have the same meaning as in the Purchase Agreement. FedEx The information provided in this Letter Agreement will furnish supplementally copies of these attachments be applicable to the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 Accelerated Block B firm Aircraft SA-28identified in Tables of the Purchase Agreement only (Firm Aircraft).
Appears in 1 contract
Samples: Letter Agreement (Fedex Corp)
Confidential Treatment. Customer and Boeing consider certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoingforegoing, Boeing acknowledges that Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporationcompany, FedEx Corporation, and to its Customer’s and FedEx Corporation’s professional advisors under a duty of confidentiality with respect heretothereto, and as required by law. 6-1162-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26February 28, 2018 2020 FEDERAL EXPRESS CORPORATION By THE BOEING COMPANY By: /s/ Xxxxx X. Xxxxxxxx By: /s/ Xxxxx Xxxx Name: Xxxxx X. Xxxxxx Its Xxxxxxxx Name: Xxxxx Xxxx Title: Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have Title: Attorney-In-Fact BOEING PROPRIETARY * Blank spaces contained confidential information that has been omitted excluded pursuant to Item 601(a)(5601(b)(10)(iv) of Regulation S-K because the information contained therein it (i) is not material and is not otherwise (ii) would likely cause competitive harm to FedEx if publicly disclosed. The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 FED-PA-3157-LA-2000906 FedEx will furnish supplementally copies of these attachments contract # Federal Express Corporation 0000 Xxxxxxxx Xxxx Xxxxxxx, XX 00000 Subject: [*] as related to the Securities SA-32 and Exchange Commission or its staff upon requestSA-14 References: (a) Purchase Agreement No. 3157 between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Model 777-FREIGHTER aircraft (777 Purchase Agreement) (b) Purchase Agreement No. 3712 between Boeing and Customer relating to Model 767-3S2F aircraft (767 Purchase Agreement) (c) Letter Agreement FED-PA-03712-LA-1106159R1, Special Matters – SA-28 Accelerated Block B Aircraft SA-28Concerning [*], associated with the 767 Purchase Agreement
Appears in 1 contract
Samples: 777 Purchase Agreement (Fedex Corp)
Confidential Treatment. Customer understands and Boeing consider certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree agrees that it will treat this Letter Agreement and the information contained herein as confidentialrepresents confidential business information of Boeing and has value precisely because it is not available generally or to other parties. Customer agrees to limit the disclosure of the its contents of this Letter Agreement to (a) its directors and officers, (b) employees of Customer with a need to know the contents for performing its obligations (including, without limitation, those employees performing accounting, finance, administration and other functions necessary to finance and purchase, deliver or lease the Aircraft) and who understand that they are not to disclose its content contents to any other person or entity (other than those to whom disclosure is permitted by this paragraph, without the prior written consent of BoeingBoeing and (c) any auditors, financial advisors, attorneys and independent contractors of Customer who have a need to know such information and have signed a confidentiality agreement in the same form and substance similar to this paragraph. Notwithstanding Customer shall be fully responsible to Boeing for compliance with such obligations. * Confidential material omitted and filed separately with the forgoing, Customer may disclose this Letter Agreement Securities and the terms and conditions herein Exchange Commission pursuant to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by lawrequest for confidential treatment. 6HAZ-1162PA-03659-LKJ-0768 LA-1104721R1 SA-2 [*] LA Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 1 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Xxx Xxxxxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26September 13, 2018 FEDERAL EXPRESS 2013 AIR LEASE CORPORATION By /s/ Xxxxx Xxxx X. Xxxxxx Its Executive Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery * Confidential material omitted and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. HAZ-PA-03659-LA-1104721R1 SA-2 BOEING PROPRIETARY Enclosure 21 The Boeing Company P.X. Xxx 0000 Xxxxxxx, XX 00000-0000 HAZ-PA-03659-LA-1104722R1 Air Lease Corporation 2000 Xxxxxx xx xxx Xxxxx, Xxxxx 0000X Xxx Xxxxxxx, XX 00000 Subject: Assignment of Customer’s Interest to a Subsidiary or its staff upon requestAffiliate Reference: Purchase Agreement No. Special Matters – SA-28 Accelerated Block B Aircraft SA-28PA-03659 (Purchase Agreement) between The Boeing Company (Boeing) and Air Lease Corporation (Customer) relating to Model 787-9 and 787-10 aircraft (collectively, the Aircraft) This letter agreement (Letter Agreement) cancels and supersedes Letter Agreement LSQ-PA-03659-LA-1104722 and amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement shall have the same meaning as in the Purchase Agreement. The terms of this Letter Agreement will prevail in the event of any conflict between this Letter Agreement and any provision in the Purchase Agreement.
Appears in 1 contract
Samples: Letter Agreement (Air Lease Corp)
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. 6* Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-1162K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. FED-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 PA-03712-LA-0000000X0 SA-6 BOEING PROPRIETARY If the foregoing correctly sets forth your understanding of our agreement with respect to the matters treated above, please indicate your acceptance and approval below. Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26July 21, 2018 2015 FEDERAL EXPRESS CORPORATION By /s/ Xxxxxxx X. Xxxx X. Xxxxxx Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have * Blank spaces contained confidential information that has been omitted excluded pursuant to Item 601(a)(5601(b)(10)(iv) of Regulation S-K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. FED-PA-03712-LA-0000000X0 SA-6 BOEING PROPRIETARY The Boeing Company P.X. Xxx 0000 Xxxxxxx, XX 00000-0000 FED-PA-03712-LA-1106584R4 Federal Express Corporation 3600 Xxxxx Xxxxx Xxxx Xxxxxxx, XX 00000 Subject: Aircraft Performance Guarantees Reference: Purchase Agreement No. 3712 (Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Model 767-3S2F firm aircraft listed on Table 1-A, Table 1-A1, 1-A2 and Table 1-B or as otherwise agreed by Boeing and Customer in writing (Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. In addition, this Letter Agreement cancels and supersedes FED-PA-03712-LA-1106584R3 in its entirety. All terms used but not defined in this Letter Agreement shall have the same meaning as in the Purchase Agreement. Boeing agrees to provide Customer with the performance guarantees in the Attachment. These guarantees are exclusive and expire upon delivery of the Aircraft to Customer. Customer agrees to limit the remedy for non-compliance of any performance guarantee to the terms in Letter Agreements No. FED-PA-03712- LA-1106153 entitled “Liquidated Damages – Non-Excusable Delay” and FED-PA-03712-LA-0000000X0 entitled “Agreement for Deviation from the [*].” Confidential Treatment. Customer understands that Boeing considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained therein herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the foregoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect thereto, and as required by law. * Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it is both (i) not material and is not otherwise publicly disclosed(ii) the type that FedEx treats as private or confidential. FedEx will furnish supplementally copies of these attachments FED-PA-03712-LA-1106584R4 SA-6 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: July 21, 2015 FEDERAL EXPRESS CORPORATION By /s/ Xxxxxxx X. Xxxx Its Vice President Aircraft Acquisition FED-PA-03712-LA-1106584R4 SA-6 Aircraft Performance Guarantees Page 2 BOEING PROPRIETARY MODEL 767-300 FREIGHTER PERFORMANCE GUARANTEES FOR FEDERAL EXPRESS CORPORATION SECTION CONTENTS 1 AIRCRAFT MODEL APPLICABILITY 2 FLIGHT PERFORMANCE 3 MANUFACTURER’S EMPTY WEIGHT 4 SOUND LEVELS 5 AIRCRAFT CONFIGURATION 6 GUARANTEE CONDITIONS 7 GUARANTEE COMPLIANCE 8 EXCLUSIVE GUARANTEES P.A. No. 3712 SS12-0336 AERO-B-BBA4-M11-1089B BOEING PROPRIETARY Attachment to the Securities and Exchange Commission or its staff upon requestLetter Agreement No. Special Matters – SA-28 Accelerated Block B Aircraft SA-28FED-PA-03712-LA-1106584R4 CF6-80C2B6F Engines 1 AIRCRAFT MODEL APPLICABILITY [*] 2 FLIGHT PERFORMANCE
Appears in 1 contract
Samples: Letter Agreement (Fedex Corp)
Confidential Treatment. Customer and Boeing consider certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. 6-1162-LKJ-0768 LKJ-0737 Page 2 Special Matters – SA-28 SA-26 Accelerated Block B C Aircraft SA-28 SA-26 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26February 10, 2018 2017 FEDERAL EXPRESS CORPORATION By /s/ Xxxxxxx X. Xxxx X. Xxxxxx Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery VP Aircraft Acquisitions & Planning and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have been omitted pursuant to Item 601(a)(5) of Regulation SPerformance 6-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. 1162-LKJ-0737 Page 3 Special Matters – SA-28 SA-26 Accelerated Block B C Aircraft SA-28SA-26 BOEING PROPRIETARY Attachment to Letter Agreement 6-1162-LKJ-0737 [*]
Appears in 1 contract
Samples: Supplemental Agreement (Fedex Corp)
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoingforegoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect heretothereto, and as required by law. * Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. 6-1162-LKJ-0768 Page 2 LKJ-0728 SA-8 Special Matters – SA-28 Accelerated Block B SA-8 Early Exercise Aircraft SA-28 Page 2 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26June 10, 2018 2016 FEDERAL EXPRESS CORPORATION By /s/ Xxxxxxx X. Xxxx X. Xxxxxx Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F B767F aircraft manufactured by The Boeing Company for FedEx have been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 Accelerated Block B Aircraft SA-286-1162-LKJ-0728 SA-8
Appears in 1 contract
Samples: Supplemental Agreement (Fedex Corp)
Confidential Treatment. Customer and Boeing consider understands that certain commercial and financial information contained in this Letter Agreement is considered by Boeing as confidential. Each of Customer confidential and Boeing agree that has value precisely because it will treat this Letter Agreement and the information contained herein as confidentialis not available generally to other parties. Customer agrees to limit the disclosure of the contents of this Letter Agreement to (a) its directors and officers, (b) employees of Customer with a need to know the contents for performing its obligations (including, without limitation, those employees performing accounting, finance, administration and other functions necessary to finance and purchase, deliver or lease the Aircraft) and who understand that they are not to disclose its content contents to any other person or entity (other than those to whom disclosure is permitted by this Article) without the prior written consent of Boeing and (c) any auditors and attorneys of Customer who have a need to know such information and have signed a confidentiality agreement in the same form and substance similar to this Article, or are otherwise bound by a confidentiality obligation. Disclosure to other parties is not permitted without Boeing. Notwithstanding the forgoing, Customer ’s consent except as may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as be required by lawapplicable law or governmental regulations. 6-1162-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 Customer shall be fully responsible to Boeing for compliance with such obligations. BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxx Xxxxxxx Xxxxxx Its Attorney-In-Fact Attorney‑In‑Fact ACCEPTED AND AGREED TO this Date: January 26May 13 , 2018 FEDERAL EXPRESS CORPORATION 2013 SOUTHWEST AIRLINES CO. By /s/ Xxxx X. Xxxxxx Xxxxxxx Van de Ven Its Executive Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by BOEING PROPRIETARY SWA-PA-03729-LA-1106472R1 Southwest Airlines Co. 0000 Xxxx Xxxxx Xxxxx X.X. Xxx 00000 Xxxxxx, Xxxxx 00000-0000 Subject: *** Reference: Purchase Agreement No. PA-03729 (Purchase Agreement) between The Boeing Company for FedEx (Boeing) and Southwest Airlines Co. (Customer) relating to Model 737-8 and 737-7 aircraft (Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement shall have been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to same meaning as in the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 Accelerated Block B Aircraft SA-28Purchase Agreement.
Appears in 1 contract
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporationcompany, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. 6-1162-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx XXXXXX X. XXXX Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26December 14, 2018 FEDERAL EXPRESS CORPORATION 2011 Federal Express Corporation By /s/ Xxxx /S/ XXXXXXX X. Xxxxxx XXXX Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have Attachment A BOEING PROPRIETARY Attachment A [ * ] * Blank spaces contained confidential information which has been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to filed separately with the Securities and Exchange Commission or its staff upon requestpursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. Special Matters – SA-28 Accelerated Block B Aircraft SA-28Attachment A to FED-PA-03712-LA-1106824 Page 1 of 1 AIRCRAFT GENERAL TERMS AGREEMENT AGTA-FED between THE BOEING COMPANY and FEDERAL EXPRESS CORPORATION AGTA-FED BOEING PROPRIETARY TABLE OF CONTENTS PAGE ARTICLES NUMBER
Appears in 1 contract
Confidential Treatment. Customer and Boeing consider certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. 6-1162-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 BOEING PROPRIETARY If the foregoing correctly sets forth your understanding of our agreement with respect to matters described above, please indicate your acceptance and approval below. Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26May 4, 2018 2016 FEDERAL EXPRESS CORPORATION By /s/ Xxxxxxx X. Xxxx X. Xxxxxx Its Vice President * Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 Accelerated Block B Aircraft SA-28.
Appears in 1 contract
Samples: Letter Agreement (Fedex Corp)
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. 6-1162-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 BOEING PROPRIETARY * Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx XXXXXX X. XXXX Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26December 14, 2018 FEDERAL EXPRESS CORPORATION 2011 Federal Express Corporation By /s/ Xxxx XXXXXXX X. Xxxxxx XXXX Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery A, B and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have C * Blank spaces contained confidential information that has been omitted excluded pursuant to Item 601(a)(5601(b)(10)(iv) of Regulation S-K because the information contained therein it is both (i) not material and is not otherwise publicly disclosed(ii) the type that FedEx treats as private or confidential. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 FED-PA-03712-LA-1106152 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxxxxx, XX 00000 Subject: Special Matters Concerning [ * ] – SA-28 Accelerated Block B Firm Aircraft SA-28Reference: Purchase Agreement No. 3712 (Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Model 767-3S2F aircraft (Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement shall have the same meaning as in the Purchase Agreement.
Appears in 1 contract
Samples: Letter Agreement (Fedex Corp)
Confidential Treatment. Customer understands and Boeing consider certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree agrees that it will treat this Letter Agreement and the information contained herein as confidentialrepresents confidential business information of Boeing and has value precisely because it is not available generally or to other parties. Customer agrees to limit the disclosure of the its contents of this Letter Agreement to (a) its directors and officers, (b) employees of Customer with a need to know the contents for performing its obligations (including, without limitation, those employees performing accounting, finance, administration and other functions necessary to finance and purchase, deliver or lease the Aircraft) and who understand that they are not to disclose its content contents to any other person or entity (other than those to whom disclosure is permitted by this paragraph 7) without the prior written consent of BoeingBoeing and (c) any auditors, financial advisors, attorneys and independent contractors of Customer who have a need to know such information and have signed a confidentiality agreement in the same form and substance similar to this paragraph 7. Notwithstanding Customer shall be fully responsible to Boeing for compliance with such obligations. * Confidential material omitted and filed separately with the forgoing, Customer may disclose this Letter Agreement Securities and the terms and conditions herein Exchange Commission pursuant to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by lawrequest for confidential treatment. 6HAZ-1162PA-03659-LKJ-0768 1104718R1 SA-2 [ * ] LA Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 3 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Xxx Xxxxxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26September 13, 2018 FEDERAL EXPRESS 2013 AIR LEASE CORPORATION By /s/ Xxxxx Xxxx X. Xxxxxx Its Executive Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery * Confidential material omitted and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to filed separately with the Securities and Exchange Commission or its staff upon requestpursuant to a request for confidential treatment. Special HAZ-PA-03659-1104718R1 SA-2 [ * ] LA Page 4 BOEING PROPRIETARY Enclosure 18 The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 HAZ-PA-03659-LA-1104719R1 Air Lease Corporation 0000 Xxxxxx xx xxx Xxxxx, Xxxxx 0000X Xxx Xxxxxxx, XX 00000 Subject: Other Matters – SA-28 Accelerated Block B Aircraft SA-28Reference: Purchase Agreement No. PA-03659 (Purchase Agreement) between The Boeing Company (Boeing) and Air Lease Corporation (Customer) relating to Model 787-9 and 787-10 aircraft (collectively, the Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement shall have the same meaning as in the Purchase Agreement.
Appears in 1 contract
Samples: Letter Agreement (Air Lease Corp)
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoingforegoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect heretothereto, and as required by law. 6-1162-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx XXXXXX X. XXXX Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26June 29, 2018 2012 FEDERAL EXPRESS CORPORATION By /s/ Xxxx XXXXXXX X. Xxxxxx XXXX Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by Aircraft Acquisition FED-PA-03712-LA-1106154R1 June 29, 2012 BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 FED-PA-03712-LA-1106584R1 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxx Xxxxxxx, XX 00000 Subject: Aircraft Performance Guarantees References: Purchase Agreement No. 3712 (Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Model 767-3S2F firm aircraft listed on Table 1-A or as otherwise agreed by boeing and customer in writing (Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. In addition, this Letter Agreement cancels and supersedes FED-PA-03712-LA-1106584 in its entirety. All terms used but not defined in this Letter Agreement shall have the same meaning as in the Purchase Agreement. Boeing agrees to provide Customer with the performance guarantees in the Attachment. These guarantees are exclusive and expire upon delivery of the Aircraft to Customer. Customer agrees to limit the remedy for non-compliance of any performance guarantee to the terms in Letter Agreements No. FED-PA-03712-LA-1106153 entitled “Liquidated Damages – Non-Excusable Delay” and FED-PA-03712-LA-1106574 entitled “Agreement for Deviation from [*].” Confidential Treatment. Customer understands that Boeing considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the foregoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx have Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect thereto, and as required by law. * Blank spaces contained confidential information that has been omitted excluded pursuant to Item 601(a)(5601(b)(10)(iv) of Regulation S-K because the information contained therein it is both (i) not material and is not otherwise publicly disclosed(ii) the type that FedEx treats as private or confidential. FedEx will furnish supplementally copies of these attachments FED-PA-03712-LA-1106584R1 June 29, 2012 Aircraft Performance Guarantees Page 1 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ XXXXXX X. XXXX Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: June 29, 2012 FEDERAL EXPRESS CORPORATION By /s/ XXXXXXX X. XXXX Its Vice President Aircraft Acquisition FED-PA-03712-LA-1106584R1 June 29, 2012 BOEING PROPRIETARY Attachment to the Securities and Exchange Commission or its staff upon requestLetter Agreement No. Special Matters – SA-28 Accelerated Block B Aircraft SA-28FED-PA-03712-LA-1106584R1 CF6-80C2B6F Engines Page 1 MODEL 767-300 FREIGHTER PERFORMANCE GUARANTEES FOR FEDERAL EXPRESS CORPORATION SECTION CONTENTS 1 AIRCRAFT MODEL APPLICABILITY 2 FLIGHT PERFORMANCE 3 MANUFACTURER’S EMPTY WEIGHT 4 SOUND LEVELS 5 AIRCRAFT CONFIGURATION 6 GUARANTEE CONDITIONS 7 GUARANTEE COMPLIANCE
Appears in 1 contract
Samples: Supplemental Agreement (Fedex Corp)
Confidential Treatment. Customer and Boeing consider certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoingforegoing, Boeing acknowledges that Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporationcompany, FedEx Corporation, and to its Customer’s and FedEx Corporation’s professional advisors under a duty of confidentiality with respect heretothereto, and as required by law. 6-11621169-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 LKJ-0777 SA-30 BOEING PROPRIETARY *Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26Date June 18, 2018 FEDERAL EXPRESS CORPORATION By /s/ Xxxxxxx X. Xxxx X. Xxxxxx Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery Aircraft Acquisitions & Planning and pricing of certain B777F aircraft manufactured by Performance 6-1169-LKJ-0777 SA-30 Special Matters for SA-30 Option Aircraft Page 3 BOEING PROPRIETARY The Boeing Company for FedEx have been omitted pursuant to Item 601(a)(5) of Regulation SX.X. Xxx 0000 Xxxxxxx, XX 00000-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 Accelerated Block B Aircraft SA-280000
Appears in 1 contract
Samples: Letter Agreement (Fedex Corp)
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement business consideration as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement business consideration and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement business consideration to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoingforegoing, Customer may disclose this Letter Agreement business consideration and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. 6* Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-1162-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. BOEING PROPRIETARY SA-30 Very truly yours, THE BOEING COMPANY FEDERAL EXPRESS CORPORATION By /s/ L. Xxxxxxx Xxxxxx By /s/ Xxxxxxx X. Xxxx Its Attorney-In-Fact Its Vice President Aircraft Acquisitions & Planning and Performance ACCEPTED AND AGREED TO this Date: January 26June 18, 2018 FEDERAL EXPRESS CORPORATION By /s/ Xxxx X. Xxxxxx Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by SA-30 The Boeing Company for X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 FED-PA-3157-LA-1802894 FedEx have been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. contract # Federal Express Corporation 0000 Xxxxxxxx Xxxx Xxxxxxx, XX 00000 Subject: Special Matters – SA-28 Accelerated for Block B E Aircraft SA-28References: Purchase Agreement No. 3157 (the Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Model 777-FREIGHTER aircraft (the Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement have the same meaning as in the Purchase Agreement. The terms of this Letter Agreement apply to Block E1 Aircraft in Table 1-E1 and Block E2 Aircraft in Table 1-E2 (collectively, Block E Aircraft).
Appears in 1 contract
Samples: Letter Agreement (Fedex Corp)
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. 6* Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-1162-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. BOEING PROPRIETARY If the foregoing correctly sets forth your understanding of our agreement with respect to the matters treated above, please indicate your acceptance and approval below. Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx XXXXXX X. XXXX Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26December 14, 2018 2011 FEDERAL EXPRESS CORPORATION By /s/ Xxxx XXXXXXX X. Xxxxxx XXXX Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by BOEING PROPRIETARY The Boeing Company for FedEx have X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 * Blank spaces contained confidential information that has been omitted excluded pursuant to Item 601(a)(5601(b)(10)(iv) of Regulation S-K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. FED-PA-03712-LA-1106584 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxx Xxxxxxx, XX 00000 Subject: Aircraft Performance Guarantees Reference: Purchase Agreement No. 3712 (Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Model 767-3S2F firm aircraft listed on Table 1-A (Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement shall have the same meaning as in the Purchase Agreement. Boeing agrees to provide Customer with the performance guarantees in the Attachment. These guarantees are exclusive and expire upon delivery of the Aircraft to Customer. Customer agrees to limit the remedy for non-compliance of any performance guarantee to the terms in Letter Agreements No. FED-PA-03712-LA-1106153 entitled “Liquidated Damages – Non-Excusable Delay” and FED-PA-03712-LA-1106574 entitled “Agreement for Deviation from [ * ].” Confidential Treatment. Customer understands that Boeing considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained therein herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. * Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. FED-PA-03712-LA-1106584 Aircraft Performance Guarantees December 12, 2011 LA Page 1 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ XXXXXX X. XXXX Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: December 14, 2011 FEDERAL EXPRESS CORPORATION By /s/ XXXXXXX X. XXXX Its Vice President BOEING PROPRIETARY Attachment to Letter Agreement No. FED-PA-03712-LA-1106584 CF6-80C2B6F Engines Page 2 MODEL 767-300 FREIGHTER PERFORMANCE GUARANTEES FOR S-544 SECTION CONTENTS 1 AIRCRAFT MODEL APPLICABILITY 2 FLIGHT PERFORMANCE 3 MANUFACTURER’S EMPTY WEIGHT 4 SOUND LEVELS 5 AIRCRAFT CONFIGURATION 6 GUARANTEE CONDITIONS 7 GUARANTEE COMPLIANCE 8 EXCLUSIVE GUARANTEES [ * ] * Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it is both (i) not otherwise publicly disclosed. material and (ii) the type that FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission treats as private or its staff upon request. Special Matters – SA-28 Accelerated Block B Aircraft SA-28confidential.
Appears in 1 contract
Samples: Letter Agreement (Fedex Corp)
Confidential Treatment. Customer and Boeing consider certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. 6-1162-LKJ-0768 Page 2 * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. Special Matters – SA-28 SA-27 Accelerated Block B Aircraft SA-28 SA-27 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26October 12, 2018 2017 FEDERAL EXPRESS CORPORATION By /s/ Xxxx X. Xxxxxx Xxx Xxxxxxx Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 SA-27 Accelerated Block B Aircraft SA-28SA-27
Appears in 1 contract
Samples: Supplemental Agreement (Fedex Corp)
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. 6* Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-1162-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx XXXXXX X. XXXX Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26December 14, 2018 FEDERAL EXPRESS CORPORATION 2011 Federal Express Corporation By /s/ Xxxx XXXXXXX X. Xxxxxx XXXX Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by BOEING PROPRIETARY The Boeing Company for FedEx X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 FED-PA-03712-LA-1106155 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxx Xxxxxxx, XX 00000 Subject: Open Configuration Matters Reference: Purchase Agreement No. 3712 (Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Model 767-3S2F aircraft (Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement shall have been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to same meaning as in the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 Accelerated Block B Aircraft SA-28Purchase Agreement.
Appears in 1 contract
Samples: Letter Agreement (Fedex Corp)
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoingforegoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect heretothereto, and as required by law. 6FED-1162PA-03712-LKJ-0768 Page 2 LA-1208292R2 SA-6 Special Matters Concerning Escalation – SA-28 Accelerated Xxxxx X, Xxxxx X, Xxxxx X, Xxxxx F and Block B G Aircraft SA-28 Page 3 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26July 21, 2018 2015 FEDERAL EXPRESS CORPORATION By /s/ Xxxxxxx X. Xxxx X. Xxxxxx Its Vice President Omitted Aircraft Acquisition Attachments Certain attachments A, B and C FED-PA-03712-LA-1208292R2 SA-6 Special Matters Concerning Escalation – Xxxxx X, Xxxxx X, Xxxxx X, Xxxxx F and Block G Aircraft Page 4 BOEING PROPRIETARY Attachment A to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have Letter Agreement FED-PA-03712-LA-1208292R2 [*] FED-PA-03712-LA-1208292R2 SA-6 Attachment A BOEING PROPRIETARY * Blank spaces contained confidential information which has been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to filed separately with the Securities and Exchange Commission or its staff upon requestpursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. Attachment B to Letter Agreement FED-PA-03712-LA-1208292R2 [*] FED-PA-03712-LA-1208292R2 SA-6 Attachment B BOEING PROPRIETARY * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. Attachment C to Letter Agreement FED-PA-03712-LA-1208292R2 ESCALATION EXAMPLE [*] FED-PA-03712-LA-1208292R2 SA-6 Attachment C BOEING PROPRIETARY * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 FED-PA-03712-LA-1208296R1 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxx Xxxxxxx, XX 00000 Subject: Special Matters – SA-28 Accelerated for Block B D Option Aircraft SA-28Reference: Purchase Agreement No. PA-3712 (Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Model 767-3S2F aircraft (Aircraft) This letter agreement (Letter Agreement) cancels and supersedes Letter Agreement FED-PA-03712-LA-1208296 and amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement shall have the same meaning as in the Purchase Agreement. The credit memorandum provided for in this Letter Agreement will be applicable to exercised Block D Option Aircraft only, which (i) are priced in [*] dollars and (ii) once exercised by the Customer will be added to Table 1-B1 of the Purchase Agreement (Exercised Block D Option Aircraft).
Appears in 1 contract
Samples: Letter Agreement (Fedex Corp)
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporationcompany, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. * Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. 6-1162-LKJ-0768 SCR-137 December 12, 2011 777F Miscellaneous Matters Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 1 BOEING PROPRIETARY Very truly yoursAGREED AND ACCEPTED this December 14, 2011 Date THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26, 2018 FEDERAL EXPRESS CORPORATION By /s/ XXXXXX X. XXXX /s/ XXXXXXX X. XXXX Signature Signature Xxxxxx X. Xxxx Xxxxxxx X. Xxxxxx Its Xxxx Printed name Printed name Attorney-in-Fact Vice President Title Title Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 Accelerated Block B Aircraft SA-286-1162-SCR-137 December 12, 2011
Appears in 1 contract
Samples: Supplemental Agreement (Fedex Corp)
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporationcompany, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. 6-1162-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 BOEING PROPRIETARY Very truly yoursAGREED AND ACCEPTED this June 18, 2018 Date THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26, 2018 FEDERAL EXPRESS CORPORATION By /s/ Xxxxx Xxxxxxxxx /s/ Xxxxxxx X. Xxxx Signature Signature Xxxxx Xxxxxxxxx Xxxxxxx X. Xxxxxx Its Xxxx Printed name Printed name Attorney-in-Fact Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery Aircraft Acquisitions & Planning and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have Performance Title Title * Blank spaces contained confidential information that has been omitted excluded pursuant to Item 601(a)(5601(b)(10)(iv) of Regulation S-K because the information contained therein it is both (i) not material and is not otherwise publicly disclosed(ii) the type that FedEx treats as private or confidential. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. FED-SU-1106178R3 [*] Page 2 BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000 2207 XXX-XXXX-XX-0000000 Xxxxxxx Express Corporation 0000 Xxxxx Xxxxx Xxxx Xxxxxxx, XX 00000 Subject: Boeing Global Services (BGS) – Special Matters – SA-28 Accelerated Block B Aircraft SA-28[*] In consideration of Boeing’s long term relationship with Customer, and Customer’s continued purchase of BGS goods and services to support operation of the Boeing model 767 aircraft, Boeing will provide to Customer the following business consideration.
Appears in 1 contract
Samples: Letter Agreement (Fedex Corp)
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoingforegoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect heretothereto, and as required by law. 6FED-1162PA-03712-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 LA-1106156R3 SA-12 BOEING PROPRIETARY * Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it (i) is not material and (ii) would likely cause competitive harm to FedEx if publicly disclosed. Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Xxxxx Xxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26June 24, 2018 2019 FEDERAL EXPRESS CORPORATION By /s/ Xxxx X. Xxxxxx Xxxxx Xxxxxxxx Its Vice President Omitted Aircraft Acquisition Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by FED-PA-03712-LA-1106156R3 SA-12 Option Aircraft Page 5 BOEING PROPRIETARY The Boeing Company for FedEx X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 FED-PA-03712-LA-1106158 R5 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxxxxx, XX 00000 Subject: Right to Purchase Additional Aircraft Reference: Purchase Agreement No. 3712 (Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Model 767-3S2F aircraft (Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. In addition, this Letter Agreement cancels and supersedes FED-PA-03712-LA-1106158R4 in its entirety. All terms used but not defined in this Letter Agreement shall have been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to same meaning as in the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 Accelerated Block B Aircraft SA-28Purchase Agreement.
Appears in 1 contract
Samples: Supplemental Agreement (Fedex Corp)
Confidential Treatment. Customer understands and Boeing consider certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree agrees that it will treat this Letter Agreement and the information contained herein as confidentialrepresents confidential business information and has value precisely because it is not available generally or to other parties. Customer agrees to limit the disclosure of the its contents of this Letter Agreement to employees of Customer Customer, directors and officers of Atlas Air Worldwide Holdings, Inc. and Titan Aviation Holdings, Inc. and their wholly owned subsidiaries and its auditors and outside counsel, with a need to know the contents for purposes of helping Customer perform its obligations under the Purchase Agreement and who understand that they are not to disclose its content contents to any other person or entity without the prior written consent of Boeing. Notwithstanding In the forgoing, event that Customer may disclose in good faith concludes (based upon an opinion of counsel) that disclosure of information contained in this Letter Agreement may be required by applicable law or governmental regulations, Customer shall advise Boeing in writing prior to such disclosure, if possible, or, if not possible, then promptly upon receiving such order or upon identifying such need to comply, in order to enable Boeing to take whatever steps it deems necessary to protect its interests in this regard, and Customer will, in any event, disclose only that portion of the terms information which it is legally required to disclose and conditions herein Customer will use its reasonable endeavors to its parent company, FedEx Corporation, protect the confidentiality of such information to the Board widest extent possible in the circumstances. (The remainder of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. 6the page is intentionally blank) AH5-1162PA-5094-LKJ-0768 LA-2003950 [ * ] LA Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 4 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx [ * ] Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 267, 2018 FEDERAL EXPRESS CORPORATION 2021 ATLAS AIR WORLDWIDE HOLDINGS, INC. By /s/ Xxxx X. Xxxxxx Xxxxxxxx Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing & Chief Executive Officer AH5-PA-5094-LA-2003950 [ * ] LA Page 5 BOEING PROPRIETARY Appendix I SAMPLE Insurance Certificate BROKER'S LETTERHEAD Date: + Certificate of certain B777F aircraft manufactured by The Boeing Company for FedEx have been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 Accelerated Block B Aircraft SA-28Insurance
Appears in 1 contract
Samples: Letter Agreement (Atlas Air Worldwide Holdings Inc)
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoingforegoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect heretothereto, and as required by law. 6* Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-1162K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. FED-LKJ-0768 PA-03712-LA-1106158R4 SA-11 Right to Purchase Additional Aircraft Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 3 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26June 18, 2018 FEDERAL EXPRESS CORPORATION By /s/ Xxxxxxx X. Xxxx X. Xxxxxx Its Vice President Omitted Attachments Certain attachments Aircraft Acquisition FED-PA-03712-LA-1106158R4 SA-11 Right to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by Purchase Additional Aircraft Page 4 BOEING PROPRIETARY The Boeing Company for FedEx have been omitted pursuant to Item 601(a)(5) of Regulation SX.X. Xxx 0000 Xxxxxxx, XX 00000-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. 0000 FED-PA-03712-LA-1106614 R3 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxx Xxxxxxx, XX 00000 Subject: Special Matters – SA-28 Accelerated Block B for Purchase Right Aircraft SA-28Reference: Purchase Agreement No. PA-3712 (Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Model 767-3S2F aircraft (Aircraft) This letter agreement (Letter Agreement) cancels and supersedes Letter Agreement FED-PA-03712-LA-1106614R2 and amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement shall have the same meaning as in the Purchase Agreement. The credit memoranda provided for in this Letter Agreement will be applicable to exercised Purchase Right Aircraft only (Exercised Purchase Right Aircraft), as described in letter agreement FED-PA-03712-LA-1106158R4, Right to Purchase Additional Aircraft.
Appears in 1 contract
Samples: Letter Agreement (Fedex Corp)
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoingforegoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect heretothereto, and as required by law. * Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. 6-11621169-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 LKJ-0773 SA-11 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26June 18, 2018 FEDERAL EXPRESS CORPORATION By /s/ Xxxxxxx X. Xxxx X. Xxxxxx Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery Aircraft Acquisitions & Planning and pricing of certain B777F aircraft manufactured by Performance 6-1169-LKJ-0773 SA-11 BOEING PROPRIETARY The Boeing Company X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 FED-SU-1106178R3 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxx Xxxxxxx, XX 00000 Subject: Federal Express Corporation [*] References: 1) Purchase Agreement No. PA-03712 (767 Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Model 767-3S2F aircraft (Aircraft) 2) FED-MO-1105406 R1 Proposal for FedEx have been omitted pursuant to Item 601(a)(5767-300 Boeing Converted Freighter (BCF) of Regulation SProgram (Proposal for 00 000-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 Accelerated Block B Aircraft SA-28000 BCF aircraft)
Appears in 1 contract
Samples: Letter Agreement (Fedex Corp)
Confidential Treatment. Customer and Boeing consider certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoingforegoing, Boeing acknowledges that Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporationcompany, FedEx Corporation, and to its Customer’s and FedEx Corporation’s professional advisors under a duty of confidentiality with respect heretothereto, and as required by law. * Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. 6-11621169-LKJ-0768 LKJ-0777 SA-30 Special Matters for SA-30 Option Aircraft Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26Date June 18, 2018 FEDERAL EXPRESS CORPORATION By /s/ Xxxxxxx X. Xxxx X. Xxxxxx Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery Aircraft Acquisitions & Planning and pricing of certain B777F aircraft manufactured by Performance 6-1169-LKJ-0777 SA-30 Special Matters for SA-30 Option Aircraft Page 3 BOEING PROPRIETARY The Boeing Company for FedEx have been omitted pursuant to Item 601(a)(5) of Regulation SX.X. Xxx 0000 Xxxxxxx, XX 00000-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 Accelerated Block B Aircraft SA-280000
Appears in 1 contract
Samples: Letter Agreement (Fedex Corp)
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written FED-PA-03712-LA-1106154R2 SA-6 BOEING PROPRIETARY * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. consent of Boeing. Notwithstanding the forgoingforegoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect heretothereto, and as required by law. 6FED-1162PA-03712-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 LA-1106154R2 SA-6 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26July 21, 2018 2015 FEDERAL EXPRESS CORPORATION By /s/ Xxxxxxx X. Xxxx X. Xxxxxx Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by Aircraft Acquisition FED-PA-03712-LA-1106154R2 SA-6 BOEING PROPRIETARY The Boeing Company for FedEx X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 FED-PA-03712-LA-1106156R2 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxxxxx, XX 00000 Subject: Option Aircraft Reference: Purchase Agreement No. 3712 (Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Model 767-3S2F aircraft (Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. In addition, this Letter Agreement cancels and supersedes FED-PA-03712-LA-1106156R1 in its entirety. All terms used but not defined in this Letter Agreement shall have been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to same meaning as in the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 Accelerated Block B Aircraft SA-28Purchase Agreement.
Appears in 1 contract
Samples: Letter Agreement (Fedex Corp)
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. 6-1162-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 If the foregoing correctly sets forth your understanding of our agreement with respect to matters described above, please indicate your acceptance and approval below. * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. SA 22 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx XXXXXX X. XXXX Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26December 11, 2018 2012 FEDERAL EXPRESS CORPORATION By /s/ Xxxx XXXXXXX X. Xxxxxx XXXX Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 Accelerated Block B Aircraft SA-28Acquisition SA 22
Appears in 1 contract
Samples: Supplemental Agreement (Fedex Corp)
Confidential Treatment. Customer and Boeing consider certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. 6-1162-LKJ-0768 Page 2 * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. Special Matters – SA-28 SA-26 Accelerated Block B C Aircraft SA-28 SA-29 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26February 2, 2018 FEDERAL EXPRESS CORPORATION By /s/ Xxxxxxx X. Xxxx X. Xxxxxx Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery VP Aircraft Acquisitions & Planning and pricing of certain B777F aircraft manufactured by Performance Special Matters – SA-26 Accelerated Block C Aircraft SA-29 BOEING PROPRIETARY The Boeing Company for X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 FedEx have been omitted pursuant to Item 601(a)(5) of Regulation Scontract # 00-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. 0000-000 6-1162-LKJ-0766 Federal Express Corporation 0000 Xxxxxxxx Xxxx Xxxxxxx, XX 00000 Subject: Special Matters – SA-28 SA-29 Accelerated Block B Aircraft SA-28Reference: (a) Purchase Agreement No. 3157 (Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Model 777-FREIGHTER aircraft (Aircraft)
Appears in 1 contract
Samples: Fedex Corp
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoingforegoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect heretothereto, and as required by law. 6FED-1162PA-03712-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 LA-1106158R4 SA-11 BOEING PROPRIETARY * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26June 18, 2018 FEDERAL EXPRESS CORPORATION By /s/ Xxxxxxx X. Xxxx X. Xxxxxx Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by Aircraft Acquisition FED-PA-03712-LA-1106158R4 SA-11 BOEING PROPRIETARY The Boeing Company for FedEx have been omitted pursuant to Item 601(a)(5) of Regulation SP.X. Xxx 0000 Xxxxxxx, XX 00000-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. 0000 FED-PA-03712-LA-1106614 R3 Federal Express Corporation 3600 Xxxxx Xxxxx Xxxx Xxxxxxx, XX 00000 Subject: Special Matters – SA-28 Accelerated Block B for Purchase Right Aircraft SA-28Reference: Purchase Agreement No. PA-3712 (Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Model 767-3S2F aircraft (Aircraft) This letter agreement (Letter Agreement) cancels and supersedes Letter Agreement FED-PA-03712-LA-1106614R2 and amends and supplements the Purchase Agreement. All terms used but not defined in this Letter Agreement shall have the same meaning as in the Purchase Agreement. The credit memoranda provided for in this Letter Agreement will be applicable to exercised Purchase Right Aircraft only (Exercised Purchase Right Aircraft), as described in letter agreement FED-PA-03712-LA-1106158R4, Right to Purchase Additional Aircraft.
Appears in 1 contract
Samples: Supplemental Agreement (Fedex Corp)
Confidential Treatment. Customer and Boeing consider certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoingforegoing, Boeing acknowledges that Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporationcompany, FedEx Corporation, and to its Customer’s and FedEx Corporation’s professional advisors under a duty of confidentiality with respect heretothereto, and as required by law. * Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. 6-11621169-LKJ-0768 LKJ-0778 SA-30 SA-30 [*] Matters Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 3 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26Date June 18, 2018 FEDERAL EXPRESS CORPORATION By /s/ Xxxxxxx X. Xxxx X. Xxxxxx Its Vice President Aircraft Acquisitions & Planning and Performance Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 Accelerated Block B Aircraft SA-286-1169-LKJ-0776 SA-30
Appears in 1 contract
Samples: Letter Agreement (Fedex Corp)
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoingforegoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect heretothereto, and as required by law. 6-1162-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx XXXXXX X. XXXX Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26June 29, 2018 2012 FEDERAL EXPRESS CORPORATION By /s/ Xxxx XXXXXXX X. Xxxxxx XXXX Its Vice President Omitted Aircraft Acquisition Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by FED-PA-03712-LA-1106156R1 June 29, 2012 Option Aircraft Page 3 BOEING PROPRIETARY The Boeing Company for FedEx X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 FED-PA-03712-LA-1106154R1 Federal Express Corporation 0000 Xxxxx Xxxxx Xxxxxxx XX 00000 Subject: Firm Aircraft Delivery Matters References: Purchase Agreement No. 3712 (Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Model 767-3S2F aircraft (Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. In addition, this Letter Agreement cancels and supersedes Letter Agreement FED-PA-03712-LA-1106154 in its entirety. All terms used but not defined in this Letter Agreement shall have been omitted pursuant to Item 601(a)(5) of Regulation S-K because the same meaning as in the Purchase Agreement. The information contained therein is not material and is not otherwise publicly disclosed. FedEx provided in this Letter Agreement will furnish supplementally copies of these attachments be applicable to the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 Accelerated Block B firm Aircraft SA-28identified in Tables of the Purchase Agreement only (Firm Aircraft).
Appears in 1 contract
Samples: Supplemental Agreement (Fedex Corp)
Confidential Treatment. Customer and Boeing consider certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. * Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. 6-1162-LKJ-0768 LKJ-0737 Page 2 Special Matters – SA-28 SA-26 Accelerated Block B C Aircraft SA-28 SA-26 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26February 10, 2018 2017 FEDERAL EXPRESS CORPORATION By /s/ Xxxxxxx X. Xxxx X. Xxxxxx Its Vice President VP Aircraft Acquisitions & Planning and Performance Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 SA-26 Accelerated Block B C Aircraft SA-28SA-26
Appears in 1 contract
Samples: Supplemental Agreement (Fedex Corp)
Confidential Treatment. Customer and Boeing consider certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoingforegoing, Boeing acknowledges that Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporationcompany, FedEx Corporation, and to its Customer’s and FedEx Corporation’s professional advisors under a duty of confidentiality with respect heretothereto, and as required by law. 6FED-1162PA-3157-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 LA-1802894 SA-30 BOEING PROPRIETARY *Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26Date June 18, 2018 FEDERAL EXPRESS CORPORATION By /s/ Xxxxxxx X. Xxxx X. Xxxxxx Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery Aircraft Acquisitions & Planning and pricing of certain B777F aircraft manufactured by Performance FED-PA-3157-LA-1802894 SA-30 Special Matters for Block E Aircraft Page 3 BOEING PROPRIETARY The Boeing Company for FedEx have been omitted pursuant X.X. Xxx 0000 Xxxxxxx, XX 00000 2207 6-1169-LKJ-0776 Federal Express Corporation 0000 Xxxxxxxx Xxxx Xxxxxxx, XX 00000 Subject: SA-30 Option Aircraft Reference: (a) Purchase Agreement No. 3157 (Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Item 601(a)(5Model 777-FREIGHTER aircraft (Aircraft) of Regulation S(b) Letter Agreement 6-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. 1162-RRO-1066R1, Special Matters – SA-28 Accelerated for Block B Aircraft SA-28Aircraft
Appears in 1 contract
Samples: Letter Agreement (Fedex Corp)
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoingforegoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect heretothereto, and as required by law. 6-1162-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 BOEING PROPRIETARY * Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it (i) is not material and (ii) would likely cause competitive harm to FedEx if publicly disclosed. Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Xxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26June 25, 2018 2020 FEDERAL EXPRESS CORPORATION By /s/ Xxxx Xxxxx X. Xxxxxx Xxxxxxxx Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F B767F aircraft manufactured by The Boeing Company for FedEx have been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 Accelerated Block B Aircraft SA-28BOEING PROPRIETARY
Appears in 1 contract
Samples: Letter Agreement (Fedex Corp)
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written * Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. FED-PA-03712-LA-1106154R2 SA-6 Firm Aircraft and Option Aircraft Delivery Matters Page 1 BOEING PROPRIETARY consent of Boeing. Notwithstanding the forgoingforegoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect heretothereto, and as required by law. 6FED-1162PA-03712-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 LA-1106154R2 SA-6 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26July 21, 2018 2015 FEDERAL EXPRESS CORPORATION By /s/ Xxxxxxx X. Xxxx X. Xxxxxx Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by Aircraft Acquisition FED-PA-03712-LA-1106154R2 SA-6 BOEING PROPRIETARY The Boeing Company for FedEx P.X. Xxx 0000 Xxxxxxx, XX 00000-0000 FED-PA-03712-LA-1106156 R2 Federal Express Corporation 3600 Xxxxx Xxxxx Xxxxxxx, XX 00000 Subject: Option Aircraft Reference: Purchase Agreement No. 3712 (Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Model 767-3S2F aircraft (Aircraft) This letter agreement (Letter Agreement) amends and supplements the Purchase Agreement. In addition, this Letter Agreement cancels and supersedes FED-PA-03712-LA-1106156R1 in its entirety. All terms used but not defined in this Letter Agreement shall have been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to same meaning as in the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 Accelerated Block B Aircraft SA-28Purchase Agreement.
Appears in 1 contract
Samples: Letter Agreement (Fedex Corp)
Confidential Treatment. Customer and Boeing consider understands that certain commercial and financial information contained in this Letter Agreement /and attachment(s) hereto is considered by Boeing as confidential. Each of Customer and Boeing agree agrees that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know confidential and who understand that they are not to disclose its content to any other person or entity will not, without the prior written consent of Boeing. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions or any information contained herein to its parent company, FedEx Corporation, to any other person or entity. If the Board foregoing correctly sets forth your understanding of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality our agreement with respect heretoto matters described above, please indicate your acceptance and as required by lawapproval below. 6-1162-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx XxXxxxxx Xxxxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26June 1, 2018 2022 FEDERAL EXPRESS CORPORATION By /s/ Xxxx Xxxxx X. Xxxxxx Xxxxxxxx Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 Accelerated Block B Aircraft SA-286-1162-RRO-1067R4 P.A. No. 3157 (SA-36)
Appears in 1 contract
Samples: Letter Agreement (Fedex Corp)
Confidential Treatment. Customer and Boeing consider certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. 6-1162-LKJ-0768 Page 2 * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. Special Matters – SA-28 SA-29 Accelerated Block B Aircraft SA-28 SA-29 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26February 2, 2018 FEDERAL EXPRESS CORPORATION By /s/ Xxxxxxx X. Xxxx X. Xxxxxx Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery VP Aircraft Acquisitions & Planning and pricing of certain B777F aircraft manufactured by Performance 6-1162-LKJ-0766 Page 3 Special Matters – SA-29 Accelerated Aircraft SA-29 BOEING PROPRIETARY The Boeing Company for X.X. Xxx 0000 Xxxxxxx, XX 00000-0000 FedEx have been omitted pursuant contract # 00-0000-000 6-1162-LKJ-0767 Federal Express Corporation 0000 Xxxxxxxx Xxxx Xxxxxxx, XX 00000 Subject: Special Considerations – SA-29 Reference: (a) Purchase Agreement No. 3157 (Purchase Agreement) between The Boeing Company (Boeing) and Federal Express Corporation (Customer) relating to Item 601(a)(5) of Regulation SModel 777-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request. Special Matters – SA-28 Accelerated Block B Aircraft SA-28FREIGHTER aircraft (Aircraft)
Appears in 1 contract
Samples: Fedex Corp
Confidential Treatment. Customer understands and Boeing consider certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree agrees that it will treat this Letter Agreement and the information contained herein as confidentialrepresents confidential business information of Boeing and has value precisely because it is not available generally or to other parties. Customer agrees to limit the disclosure of the its contents of this Letter Agreement to (a) its directors and officers, (b) employees of Customer with a need to know the contents for performing its obligations (including, without limitation, those employees performing accounting, finance, administration and other functions necessary to finance and purchase, deliver or lease the Aircraft) and who understand that they are not to disclose its content contents to any other person or entity (other than those to whom disclosure is permitted by this paragraph 8) without the prior written consent of BoeingBoeing and (c) any auditors, financial advisors, attorneys and independent contractors of Customer who have a need to know such information and have signed a confidentiality agreement in the same form and substance similar to this paragraph 8. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions herein shall be fully responsible to its parent company, FedEx Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality Boeing for compliance with respect hereto, and as required by lawsuch obligations. 6-1162-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 BOEING PROPRIETARY Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Xxx Xxxxxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26September 13, 2018 FEDERAL EXPRESS 2013 AIR LEASE CORPORATION By /s/ Xxxxx Xxxx X. Xxxxxx Its Executive Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery * Confidential material omitted and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to filed separately with the Securities and Exchange Commission or its staff upon requestpursuant to a request for confidential treatment. Special Matters – SA-28 Accelerated Block HAZ-PA-03659-LA-1104725R1 SA-2 [*] LA Page 4 BOEING PROPRIETARY ATTACHMENT A to Letter Agreement LSQ-PA-03659-LA-1104725R1 [*] * Confidential material omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. HAZ-PA-03659-LA-1104725R1 SA-2 BOEING PROPRIETARY Enclosure 22 ATTACHMENT B Aircraft SA-28to Letter Agreement LSQ-PA-03659-LA-1104725R1 [*] * Confidential material omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. HAZ-PA-03659-LA-1104725R1 SA-2 [*] Attachment B Page 1 BOEING PROPRIETARY [*] * Confidential material omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. HAZ-PA-03659-LA-1104725R1 SA-2 BOEING PROPRIETARY [*] * Confidential material omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. HAZ-PA-03659-LA-1104725R1 SA-2 BOEING PROPRIETARY
Appears in 1 contract
Samples: Letter Agreement (Air Lease Corp)
Confidential Treatment. Customer and understands that Boeing consider considers certain commercial and financial information contained in this Letter Agreement as confidential. Each of Customer and Boeing agree that it will treat this Letter Agreement and the information contained herein as confidential. Customer agrees to limit the disclosure of the contents of this Letter Agreement to employees of Customer with a need to know and who understand that they are not to disclose its content to any other person or entity without the prior written consent of Boeing. Notwithstanding the forgoing, Customer may disclose this Letter Agreement and the terms and conditions herein to its parent company, FedEx FED-PA-03712-LA-0000000X0 SA-6 BOEING PROPRIETARY * Blank spaces contained confidential information which has been filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. Corporation, to the Board of Directors of its parent corporation, FedEx Corporation, to its professional advisors under a duty of confidentiality with respect hereto, and as required by law. 6-1162-LKJ-0768 Page 2 Special Matters – SA-28 Accelerated Block B Aircraft SA-28 BOEING PROPRIETARY If the foregoing correctly sets forth your understanding of our agreement with respect to the matters treated above, please indicate your acceptance and approval below. Very truly yours, THE BOEING COMPANY By /s/ L. Xxxxxxx Xxxxxx Its Attorney-In-Fact ACCEPTED AND AGREED TO this Date: January 26July 21, 2018 2015 FEDERAL EXPRESS CORPORATION By /s/ Xxxxxxx X. Xxxx X. Xxxxxx Its Vice President Omitted Attachments Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have FED-PA-03712-LA-0000000X0 SA-6 BOEING PROPRIETARY * Blank spaces contained confidential information which has been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to filed separately with the Securities and Exchange Commission or its staff upon requestpursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. Special Matters – SA-28 Accelerated Block B Aircraft SA-28Attachment A to Letter Agreement No FED-PA-03712-LA-0000000X0 [*]
Appears in 1 contract
Samples: Letter Agreement (Fedex Corp)