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EXHIBIT 10.26
FORM OF
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 _____ day of ______________,
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:
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"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.
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: By:
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Name: Name:
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(Type/Print) (Type/Print)
Title: Title:
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Date: Date:
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