AMENDMENT Nº 5 TO LETTER OF AGREEMENT DCT-026/2003
Exhibit 10.2
AMENDMENT Nº 5 TO LETTER OF AGREEMENT DCT-026/2003
This Amendment No. 5 to Letter of Agreement DCT-026/2003, dated as of March 6, 2008 (“Amendment 5”)
relates to Letter Agreement DCT-026/2003 between Embraer — Empresa Brasileira de Aeronáutica S.A.
(“Embraer”) and JetBlue Airways Corporation (“Buyer”) dated June 9, 2003 as amended from time to
time (collectively referred to herein as “Letter Agreement”). This Amendment 5 is between Embraer
and Buyer, collectively referred to herein as the “Parties”.
This Amendment 5 sets forth the further agreement between Embraer and Buyer relative to
[***] ,
among other things. All capitalized terms used in this Amendment 5 and not
defined herein shall have the meaning given in the Purchase Agreement, and in case of any conflict
between this Amendment 5 and the Letter Agreement, the terms of this Amendment 5 shall control.
Now, therefore, for good and valuable consideration, which is hereby acknowledged, Embraer and
Buyer hereby agree as follows:
1. [***]
Pursuant to that Amendment No. 4 to Letter of Agreement DCT-026/2003, dated as of October 17, 2007
(“Amendment 4”), [***]:
(a) [***]
(b) [***]
All other terms and conditions of the Letter Agreement, which are not specifically amended by this
Amendment 5, shall remain in full force and effect without any change.
[Signature page follows]
| [***] | Represents material which has been redacted and filed separately with the Commission pursuant to a request for confidential treatment pursuant to Rule24b-2 under the Securities Exchange Act of 1934, as amended. |
IN WITNESS WHEREOF, Embraer and Buyer, by their duly authorized officers, have entered into and
executed this Amendment 5 to the Letter Agreement to be effective as of the date first written
above.
| Embraer — Empresa Brasileira de Aeronáutica S.A. | JetBlue Airways Corporation | |||||||||
By:
|
/s/ Xxxxx Xxxx Junior | By: | /s/ Xxxx X. Xxxxxx | |||||||
Name:
|
Xxxxx Xxxx Junior | Name: | Xxxx X. Xxxxxx | |||||||
Title:
|
Executive Vice President Airline Market |
Title: | Senior Vice President and Treasurer | |||||||
By:
|
/s/ Xxxx Xxxx X. Xxxxxx | |||||||||
Name:
|
Xxxx Xxxx X. Xxxxxx | |||||||||
Title:
|
Vice President Contracts | |||||||||
| Airline Market | ||||||||||
Date:
|
March 6, 2008 | Date: | Xxxxx 0, 0000 | |||||||
Xxxxx:
|
Place: | Forest Hills, NY USA | ||||||||
Witness:
|
Witness: | /s/ Xxxx X. Xxxxxxx | ||||||||
Name:
|
Name: | Xxxx X. Xxxxxxx | ||||||||
