Amendment No. 4
To the A318/A319 Purchase Agreement
Dated as of March 10, 2000
between
AVSA, S.A.R.L.
and
FRONTIER AIRLINES, INC.
This Amendment No. 4 (hereinafter referred to as the "Amendment") is entered
into as of November 30, 2001, between AVSA, S.A.R.L., a societe a
responsabilite limitee organized and existing under the laws of the Republic of
France, having its registered office located at 0, Xxxx-Xxxxx Xxxxxxx
Xxxxxxxx, 00000 Xxxxxxx, Xxxxxx (hereinafter referred to as the "Seller"), and
Frontier Airlines, Inc., a corporation organized and existing under the laws
of the State of Colorado, United States of America, having its principal
corporate offices located at 0000 Xxxxx Xxxx, Xxxxxx, XX 00000, XXX
(hereinafter referred to as the "Buyer").
WITNESSETH
WHEREAS, the Buyer and the Seller entered into an A318/A319 Purchase
Agreement, dated as of March 10, 2000, relating to the sale by the Seller and
the purchase by the Buyer of certain Airbus Industrie A318-100 and A319-100
model aircraft (the "Aircraft") which, together with all Exhibits, Appendixes
and Letter Agreements attached thereto and as amended by Amendment No. 1 dated
as of July 17, 2000, Amendment No. 2 dated as of November 6, 2000 and
Amendment No. 3 dated as of June 18, 2001, is hereinafter called the
"Agreement".
WHEREAS, the Buyer wishes to exercise one option,
NOW, THEREFORE, IT IS AGREED AS FOLLOWS
1. DEFINITIONS
Capitalized terms used herein and not otherwise defined herein will
have the meanings assigned to them in the Agreement. The terms
"herein", "hereof" and "hereunder" and words of similar import refer
to this Amendment.
2. CLAUSE 9: DELIVERY SHEDULE
2.1 The Buyer hereby exercises its option under Paragraph 1.1 of Letter
Agreement No.2 to the Agreement to firmly order A319 Option Aircraft
No. 1 (the "Firmly Ordered Option Aircraft"). Therefore, in
accordance with Paragraph 2.1 of Letter Agreement No. 2 to the
Agreement, the Seller offers the Buyer a delivery position for one
A319 Additional Option Aircraft in the 3rd Quarter of year 2005.
2.2 As a consequence of Paragraph 2.1 above, the delivery schedule set
forth in Clause 9.1.1 of the Agreement is hereby canceled and
replaced by the following quoted provisions:
QUOTE
Firm Aircraft A/C ID Aircraft Type Delivery
No.
*
Option A/C ID Aircraft Type Delivery
Aircraft No.
*
UNQUOTE
3. PREDELIVERY PAYMENTS
The schedule of Predelivery Payments for the Aircraft is hereby
amended to reflect the changes detailed above in Paragraph 2. On
signature of this Amendment, the Buyer will make all Predelivery
Payments then due to the Seller.
4. CLAUSE 5.3: DEPOSIT
On signature of this Amendment, the Buyer will pay the Seller the sum
of US$* , which represents the nonrefundable deposit (the "Option
fee") for the A319 Additional Option Aircraft. The Option Fee paid
will be credited without interest against the first Predelivery
Payment for such A319 Additional Option Aircraft.
5. EFFECT OF THE AMENDMENT
The Agreement will be deemed amended to the extent herein provided,
and, except as specifically amended hereby, will continue in full
force and effect in accordance with its original terms. This
Amendment supersedes any previous understandings, commitments, or
representations whatsoever, whether oral or written, related to the
subject matter of this Amendment.
Both parties agree that this Amendment will constitute an integral,
nonseverable part of the Agreement and be governed by its provisions,
except that if the Agreement and this Amendment have specific
provisions that are inconsistent, the specific provisions contained
in this Amendment will govern.
6. CONFIDENTIALITY
This Amendment is subject to the confidentiality provisions set forth
in Clause 22.5 of the Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to
be executed by their respective officers or agents on the dates
written below.
AVSA, S.A.R.L.
By:_________________
Its:_________________
Date: November 30, 2001
FRONTIER AIRLINES, INC.
By:__________________
Its:__________________
Date: November 30, 2001
