Common use of PURCHASE RIGHT AIRCRAFT Clause in Contracts

PURCHASE RIGHT AIRCRAFT. 22.1 Embraer shall grant Buyer the right to purchase up to twenty [*****] EMBRAER 195 aircraft (the “Purchase Right Aircraft”) configured as per Attachment “A1” and available to Buyer at the [*****] that are applicable to the Aircraft (the “Purchase Right Basic Price”), [*****] 22.2 Subject to no material default on the part of the Buyer having occurred and continuing on the date of exercise, the right to purchase each of the Purchase Right Aircraft shall be exercised by means of a written notice (the “Exercise Notice”) from Buyer to Embraer, and such right is subject to the existence of enough production capacity at Embraer to comply with Buyer’s desirable delivery schedule. 22.3 In case Embraer has not received Exercise Notices for all Purchase Right Aircraft on or before December 2012 Buyer shall be deemed to have relinquished its right to acquire any unexercised Purchase Right Aircraft. The Exercise Notice shall specify the desirable delivery month for the Purchase Right Aircraft that Buyer intends to firm-up. The contractual delivery date for any Purchase Right Aircraft (“Purchase Right Aircraft Contractual Delivery Date”) shall be no later than [*****]. 22.4 Following receipt by Embraer of Buyer’s Exercise Notice, Embraer shall inform Buyer if the desired Purchase Right Aircraft Contractual Delivery Date requested by Buyer is acceptable; otherwise, Embraer shall inform Buyer the closest non-committed delivery position available for sale. 22.5 In case Buyer and Embraer agree in terms of the new Purchase Right Aircraft Contractual Delivery Date, Buyer shall immediately remit to Embraer a [*****] for each exercised Purchase Right Aircraft (the “[*****]”). The Purchase Right Aircraft payment terms and conditions shall be in accordance with schedule and all terms and conditions contained in Article 4 of this Agreement, mutatis mutandis. 22.6 The product support package to be applied to the exercised Purchase Right Aircraft shall be in accordance with the terms and conditions contained in Article 2.4 of Attachment “B”. 22.7 If the purchase rights are exercised by Buyer as specified above and the relevant delivery dates are agreed, and the [*****] is paid by Buyer as specified above, an amendment to this Agreement shall be executed by and between the Parties within [*****] following the Purchase Right Aircraft exercise date, setting forth the specific terms and conditions, if any, applicable exclusively to the Purchase Right Aircraft. 22.8 All payments are [*****] and considered part of the payment for the exercised Purchase Right Aircraft.

PURCHASE RIGHT AIRCRAFT. 22.1 Article 21 of the Purchase Agreement shall be modified to read as follows: 21.1 Embraer shall grant Buyer the right to purchase up to twenty [*****] EMBRAER 195 (20) additional Embraer E195-E2 aircraft (the “Purchase Right Aircraft”) configured as per Attachment “A” or “A1” (as applicable), as may be amended from time to time, and available to Buyer at the [*****] Aircraft Basic Price and on the same economic conditions that are applicable to the Aircraft (the “Purchase Right Basic Price”), [*****]which price is subject to the escalation condition contained in Attachment “D”. 22.2 21.2 Subject to no material default on the part of the Buyer having occurred and continuing on the date of exercise, the right to purchase each of the Purchase Right Aircraft shall be exercised initiated by means of a written notice from Buyer to Embraer stipulating a desired delivery month and year as well as the Aircraft type to be purchased (the “Exercise Buyer’s Notice”) from Buyer to Embraer), and such right is subject to the existence of enough production capacity at Embraer to comply with Buyer’s desirable delivery schedule.. Amendment No. 5 to PA COM0384-14 COM0604-18 Page 7 of 11 22.3 21.3 In case Embraer has not received Exercise Notices the Buyer´s Notice for all Purchase Right Aircraft on or before December 2012 [*****], Buyer shall be deemed to have relinquished its right to acquire any unexercised Purchase Right Aircraft. The Exercise Notice shall specify the desirable delivery month for the Purchase Right Aircraft that Buyer intends to firm-up. The contractual delivery date for any Purchase Right Aircraft (“Purchase Right Aircraft Aircraft’s Contractual Delivery Date”) shall be no later than [*****]. 22.4 21.4 Following receipt by Embraer of Buyer’s Exercise the Buyer´s Notice, Embraer shall within five (5) Business Days inform Buyer if the desired Purchase Right Aircraft Aircraft’s Contractual Delivery Date requested by Buyer is acceptable; otherwise, Embraer shall inform Buyer the closest non-committed delivery position available for salesale (the “Confirmation Notice). 22.5 In case 21.5 Upon Buyer and Embraer agree in terms of agreeing to the new Purchase Right Aircraft Aircraft’s Contractual Delivery DateDate and in order to secure the Purchase Right Aircraft delivery positions, Buyer shall immediately within ten (10) Business Days of Confirmation Notice remit to Embraer a non-refundable deposit of [*****] ([*****] United Sates dollars) for each exercised Purchase Right Aircraft (the “[*****]Purchase Right Initial Deposit”). The Purchase Right Aircraft payment terms and conditions schedule shall be in accordance with schedule the following: A [*****] percent ([*****]%) progress payment of each Aircraft Basic Price, less the Purchase Right Initial Deposit, is due and all payable within five (5) Days following the execution of the Amendment mentioned in Article 21.7 below. A [*****] percent ([*****]%) progress payment of each Aircraft Basic Price is due and payable [*****] months prior to each relevant Purchase Right Aircraft’s Contractual Delivery Date. A [*****] percent ([*****]%) progress payment of each Aircraft Basic Price is due and payable [*****] ([*****]) months prior to each relevant Aircraft’s Contractual Delivery Date. A [*****] percent ([*****]%) progress payment of each Aircraft Basic Price is due and payable [*****] months prior to each relevant Purchase Right Aircraft’s Contractual Delivery Date. The balance of each Aircraft Purchase Price shall become due and payable upon the Actual Delivery Date of each relevant Purchase Right Aircraft by Buyer. All other payment terms and conditions contained not detailed above shall be in accordance with Article 4 of this Agreement, mutatis mutandis.. Amendment No. 5 to PA COM0384-14 COM0604-18 Page 8 of 11 22.6 21.6 The product support package to be applied to the exercised Purchase Right Aircraft shall be in accordance with the terms and conditions contained in Article 2.4 of Attachment “B”. 22.7 21.7 If the purchase rights are exercised by Buyer as specified above and the relevant delivery dates are agreed, and the [*****] Purchase Right Initial Deposit is paid by Buyer as specified above, an amendment to this Agreement shall be executed by and between the Parties within [*****] Days following the Purchase Right Aircraft exercise dateConfirmation Notice, setting forth the specific terms and conditionsconditions such as, delivery schedule, product support package, performance guarantees, and others if anythe case may be, applicable exclusively to the Purchase Right Aircraft. 22.8 All payments are [*****] and considered part . Upon execution of the payment for Amendment, the exercise of the Purchase Right shall be irrevocably firm and binding and the exercised Purchase Right AircraftAircraft shall become an Aircraft for the purposes of this Agreement, as the context may require, unless set forth otherwise to the contrary in the Amendment. 21.8 If the Parties for any reason fail to execute the amendment referred to above, then the purchase right with respect to such aircraft shall be deemed relinquished, no indemnity being due by either Party to the other, except that Embraer shall be entitled to retain the Purchase Right Initial Deposits (if any).

PURCHASE RIGHT AIRCRAFT. 22.1 21.1 Embraer shall grant Buyer the right to purchase up to twenty [*****] EMBRAER 195 additional Embraer E195-E2 aircraft (the “Purchase Right Aircraft”) configured as per Attachment “A1” A”, as may be amended from time to time, and available to Buyer at the [*****] that are applicable to the Aircraft (the “Purchase Right Basic Price”), [*****]. 22.2 21.2 Subject to no material default on the part of the Buyer having occurred and continuing on the date of exercise, the right to purchase each of the Purchase Right Aircraft shall be exercised initiated by means of a written notice from Buyer to Embraer stipulating a desired delivery month and year as well as the Aircraft type to be purchased (the “Exercise Buyer’s Notice”) from Buyer to Embraer), and such right is subject to the existence of enough production capacity at Embraer to comply with Buyer’s desirable delivery schedule. 22.3 21.3 In case Embraer has not received Exercise Notices the Buyer´s Notice for all Purchase Right Aircraft on or before December 2012 [*****], Buyer shall be deemed to have relinquished its right to acquire any unexercised Purchase Right Aircraft. The Exercise Notice shall specify the desirable delivery month for the Purchase Right Aircraft that Buyer intends to firm-up. The contractual delivery date for any Purchase Right Aircraft (“Purchase Right Aircraft Aircraft’s Contractual Delivery Date”) shall be no later than [*****]. 22.4 21.4 Following receipt by Embraer of Buyer’s Exercise the Buyer´s Notice, Embraer shall within [*****] inform Buyer if the desired Purchase Right Aircraft Aircraft’s Contractual Delivery Date requested by Buyer is acceptable; otherwise, Embraer shall inform Buyer the closest non-committed delivery position available for salesale (the “Confirmation Notice). [*****] Confidential material redacted and filed separately with the Securities and Exchange Commission. 22.5 In case 21.5 Upon Buyer and Embraer agree in terms of agreeing to the new Purchase Right Aircraft Aircraft’s Contractual Delivery DateDate and in order to secure the Purchase Right Aircraft delivery positions, Buyer shall immediately remit to Embraer a within [*****] for each exercised Purchase Right Aircraft (the “[*****]”). The Purchase Right Aircraft payment terms and conditions schedule shall be in accordance with schedule the following: 21.5.1 A [*****] of each Aircraft Basic Price, [*****], is due and all payable within [*****] following the execution of the Amendment mentioned in Article 21.7 below. 21.5.2 A [*****] of each Aircraft Basic Price is due and payable [*****] to each relevant Purchase Right Aircraft’s Contractual Delivery Date. 21.5.3 A [*****] of each Aircraft Basic Price is due and payable [*****] to each relevant Aircraft’s Contractual Delivery Date. 21.5.4 A [*****] of each Aircraft Basic Price is due and payable [*****] to each relevant Purchase Right Aircraft’s Contractual Delivery Date. 21.5.5 The balance of each Aircraft Purchase Price shall become due and payable [*****] of each relevant Purchase Right Aircraft by Buyer. 21.5.6 All other payment terms and conditions contained not detailed above shall be in accordance with Article 4 of this Agreement, mutatis mutandis. 22.6 21.6 The product support package to be applied to the exercised Purchase Right Aircraft shall be in accordance with the terms and conditions contained in Article 2.4 of Attachment “B”. 22.7 21.7 If the purchase rights are exercised by Buyer as specified above and the relevant delivery dates are agreed, and the [*****] is paid by Buyer as specified above, an amendment to this Agreement shall be executed by and between the Parties within [*****] following the Purchase Right Aircraft exercise dateConfirmation Notice, setting forth the specific terms and conditionsconditions such as, delivery schedule, product support package, performance guarantees, and others if anythe case may be, applicable exclusively to the Purchase Right Aircraft. Upon execution of the Amendment, the exercise of the Purchase Right shall be irrevocably firm and binding [*****]. 22.8 All payments are 21.8 If the Parties for any reason fail to execute the amendment referred to above, then the purchase right with respect to such aircraft shall be deemed relinquished, [*****]. [*****] Confidential material redacted and considered part of filed separately with the payment for the exercised Purchase Right AircraftSecurities and Exchange Commission.

PURCHASE RIGHT AIRCRAFT. 22.1 Embraer shall grant 5.1 In consideration of the Purchase Right Fee received from the Buyer pursuant to paragraph 5.3 below, the Seller hereby grants the Buyer the right to purchase up to twenty [*****] EMBRAER 195 aircraft eight (8) A320 aircraft, (the “Purchase Right Aircraft”) configured as per Attachment “A1” and available to Buyer at the [*****] that are applicable to the Aircraft (the “Purchase Right Basic PriceRight”), [***]. The terms and conditions set out in the Agreement for the [***] will apply to aircraft purchased pursuant to a Purchase Right (each, a “Purchase Right Aircraft”). Purchase Right Aircraft will be scheduled for delivery before [***], 2016, [***]. 22.2 Subject to no material default on the part of 5.2 Upon a written request made by the Buyer having occurred and continuing on the date specifying any number of exercise, the right to purchase each of the Purchase Right Aircraft shall equal to eight (8) or fewer that the Buyer wishes to purchase and the desired delivery dates, the last such request to be exercised by means of a written notice (the “Exercise Notice”) from Buyer to Embraer, and such right is subject to the existence of enough production capacity at Embraer to comply with Buyer’s desirable delivery schedule. 22.3 In case Embraer has made not received Exercise Notices for all Purchase Right Aircraft on or before December 2012 Buyer shall be deemed to have relinquished its right to acquire any unexercised Purchase Right Aircraft. The Exercise Notice shall specify the desirable delivery month for the Purchase Right Aircraft that Buyer intends to firm-up. The contractual delivery date for any Purchase Right Aircraft (“Purchase Right Aircraft Contractual Delivery Date”) shall be no later than [*****]. 22.4 Following receipt by Embraer of Buyer’s Exercise Notice, Embraer shall inform Buyer if 2012, the desired Purchase Right Aircraft Contractual Delivery Date requested by Buyer is acceptable; otherwise, Embraer shall inform Buyer the closest non-committed delivery position available for sale. 22.5 In case Buyer and Embraer agree in terms of the new Purchase Right Aircraft Contractual Delivery Date, Buyer shall immediately remit to Embraer a Seller will within [*****] provide the Buyer with a proposal for each exercised Purchase Right Aircraft (the “scheduled delivery months therefor. Such scheduled delivery months will be held for a further [*****]”). The Purchase Right Aircraft payment terms and conditions shall be in accordance with schedule and all terms and conditions contained in Article 4 of this Agreement, mutatis mutandis. 22.6 The product support package to be applied to the exercised Purchase Right Aircraft shall be in accordance with the terms and conditions contained in Article 2.4 of Attachment “B”. 22.7 If the purchase rights are exercised by Buyer as specified above and the relevant delivery dates are agreed, and the [*****] is paid by Buyer as specified above, an amendment to this Agreement shall be executed by and between the Parties within [*****] following the Purchase Right Aircraft exercise date, setting forth date of the specific terms and conditions, if any, applicable exclusively Seller’s proposal. Delivery slots proposed to the Purchase Right Aircraft. 22.8 All payments are Buyer will be [***]. The Buyer may place a firm order for each Purchase Right Aircraft to be delivered in such months by making within such latter [***] the first cash payment pursuant to the Predelivery Payment Schedule applicable to Option Aircraft in the Agreement [***]. Thereafter, the Purchase Right Aircraft will be considered firmly ordered Aircraft and considered part all rights and obligations of the parties related thereto will be in full force and effect. Should the Seller not receive the Buyer’s first cash payment pursuant to the Predelivery Payment Schedule applicable to Option Aircraft in the Agreement [***] for the exercised such Purchase Right AircraftAircraft within the timeframe indicated above or should the Buyer not send a written request to exercise the Purchase Right Aircraft by [***], 2012, then [***].

PURCHASE RIGHT AIRCRAFT. 22.1 Embraer shall grant Buyer the right to purchase up to twenty [*****] EMBRAER 195 aircraft (the “Purchase Right Aircraft”) configured as per Attachment “A1” and available to Buyer at the [*****] that are applicable to the Aircraft (the “Purchase Right Basic Price”), [*****]. 22.2 Subject to no material default on the part of the Buyer having occurred and continuing on the date of exercise, the right to purchase each of the Purchase Right Aircraft shall be exercised by means of a written notice (the “Exercise Notice”) from Buyer to Embraer, and such right is subject to the existence of enough production capacity at Embraer to comply with Buyer’s desirable delivery schedule. 22.3 In case Embraer has not received Exercise Notices for all Purchase Right Aircraft on or before December 2012 Buyer shall be deemed to have relinquished its right to acquire any unexercised Purchase Right Aircraft. The Exercise Notice shall specify the desirable delivery month for the Purchase Right Aircraft that Buyer intends to firm-up. The contractual delivery date for any Purchase Right Aircraft (“Purchase Right Aircraft Contractual Delivery Date”) shall be no later than [*****]. 22.4 Following receipt by Embraer of Buyer’s Exercise Notice, Embraer shall inform Buyer if the desired Purchase Right Aircraft Contractual Delivery Date requested by Buyer is acceptable; otherwise, Embraer shall inform Buyer the closest non-committed delivery position available for sale. 22.5 In case Buyer and Embraer agree in terms of the new Purchase Right Aircraft Contractual Delivery Date, Buyer shall immediately remit to Embraer a [*****] for each exercised Purchase Right Aircraft (the “[*****]”). The Purchase Right Aircraft payment terms and conditions shall be in accordance with schedule and all terms and conditions contained in Article 4 of this Agreement, mutatis mutandis. 22.6 The product support package to be applied to the exercised Purchase Right Aircraft shall be in accordance with the terms and conditions contained in Article 2.4 of Attachment “B”. 22.7 If the purchase rights are exercised by Buyer as specified above and the relevant delivery dates are agreed, and the [*****] is paid by Buyer as specified above, an amendment to this Agreement shall be executed by and between the Parties within [*****] following the Purchase Right Aircraft exercise date, setting forth the specific terms and conditions, if any, applicable exclusively to the Purchase Right Aircraft. 22.8 All payments are [*****] and considered part of the payment for the exercised Purchase Right Aircraft.