1
EXHIBIT 10.20
AMENDMENT NO. 4
TO
DMS-MTX CELLULAR SUPPLY AGREEMENT
BETWEEN
ALAMOSA PCS LLC
AND
NORTEL NETWORKS INC.
This Amendment No. 4 is made effective as of the 8th day of February,
2000, by and between Nortel Networks Inc. (successor in interest to Northern
Telecom Inc.) ("Seller") and Alamosa PCS LLC ("Buyer").
WHEREAS, Buyer and Seller entered into a Supply Agreement dated December
21, 1998, as amended, for the sale and purchase of Seller's Equipment and
Services ("Agreement"); and
WHEREAS, Buyer and Seller now wish to, among other things, amend the
Agreement to extend the Term and adjust Buyer's Volume Commitment; and
NOW, THEREFORE, in consideration of the mutual covenants herein
contained, Buyer and Seller hereby agree to amend the Agreement as follows:
1. Amend Article 1 (Definitions), Section 1.46 by deleting the phrase
"three years therefrom" and replacing it with "on July 1, 2002."
2. Amend Section 5.3 by deleting the reference to "eighty-two million
dollars ($82,000,000) and replacing it with "one hundred sixty-seven
million dollars ($167,000,000)."
3. Amend Section 5.4 by deleting the section in its entirety and
replacing it with the following:
"5.4 Until Buyer's total purchases under this Agreement exceed
eighty-two million dollars ($82,000,000) net Price in
Equipment and Services, such Equipment and Services purchased
and financed by Seller shall be subject to an additional three
percent (3%) financing premium ("Financing Premium") over the
Additional Affiliate pricing as set forth in Annex 1. For
subsequent purchases (i.e., purchases of Equipment and
Services in excess of eighty-two million dollars [$82,000,000]
net Price), such Financing Premium shall no longer apply."
4. Except as specifically modified herein, the Agreement in all other
respects shall continue in full force and effect.
2
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 4
to be executed by their representatives being thereunto duly authorized.
ALAMOSA PCS LLC NORTEL NETWORKS INC.
By: /s/ XXXXX XXXXXXXX By: /s/ XXXXXX X. XXXXXX
-------------------------------- --------------------------------
Name: Xxxxx Xxxxxxxx
------------------------------ Name: Xxxxxx X. Xxxxxx
(Type/Print) ------------------------------
(Type/Print)
Title: Chief Executive Officer
----------------------------- Title: Director, Customer Finance
Date: February 8, 2000 -----------------------------
------------------------------ Date: February 8, 2000
------------------------------