AMENDMENT No. 9 TO LETTER AGREEMENT DCT-015/2004
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EXHIBIT
10.40(i)
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CONFIDENTIAL
TREATMENT
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REQUESTED
PURSUANT TO RULE 24b-2
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Certain
portions of this exhibit have been omitted pursuant to a request
for
confidential treatment under Rule 24b-2 of the Securities Exchange
Act of
1934. The omitted materials have been filed separately with the Securities
and Exchange Commission.
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AMENDMENT
No. 9 TO LETTER AGREEMENT DCT-015/2004
This
Amendment No. 9 to Letter Agreement DCT-015/2004, dated as of September 19,
2006
(“Amendment No. 9”) relates to the Letter Agreement DCT-015/2004 (the “Letter
Agreement”) between Embraer - Empresa Brasileira de Aeronáutica S.A. (“Embraer”)
and Republic Airline Inc. (“Buyer”) dated March 19, 2004 and which concerns the
Purchase Agreement DCT-014/2004 (the “Purchase Agreement”), as amended from time
to time (collectively referred to herein as “Agreement”). This Amendment No. 9
is between Embraer and Buyer, collectively referred to herein as the
“Parties”.
This
Amendment No. 9 sets forth additional agreements between Embraer and Buyer
related to the *** Firm EMBRAER 170 and Firm EMBRAER 175 Aircraft.
Except
as
otherwise provided for herein all terms of the Letter Agreement shall remain
in
full force and effect. All capitalized terms used in this Amendment No. 9 that
are not defined herein shall have the meaning given in the Letter Agreement.
In
the event of any conflict between this Amendment No. 9 and the Letter Agreement
the terms, conditions and provisions of this Amendment No. 9 shall control.
NOW,
THEREFORE, for good and valuable consideration which is hereby acknowledged
Embraer and Buyer hereby agree as follows:
1.
Schedule “5” - Mutual Support-Second Amended and
Restated
The
***
paragraph of the “***” section of Schedule 5 to the Letter Agreement is hereby
amended by ***.
2.
Miscellaneous
All
other
provisions of the Letter Agreement which have not been specifically amended
or
modified by this Amendment No. 9 shall remain valid in full force and effect
without any change.
(Signature
page follows)
____________
***Confidential
IN
WITNESS WHEREOF, EMBRAER and BUYER, by their duly authorized officers, have
entered into and executed this Amendment No. 9 to Letter Agreement to be
effective as of the date first written above.
| EMBRAER - Empresa Brasileira de Aeronáutica S.A. | Republic Airline Inc. | ||
| /s/ Xxxxxxx Xxxxxx | /s/ Xxxxx Xxxxxxx | ||
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Name:
Xxxxxxx Xxxxxx
Title: Executive Vice President Engineering and Development |
Name:
Xxxxx
Xxxxxxx Title: President |
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| Date: September 20, 2006 | |||
| Place: Indianapolis |
| /s/ Xxxx Xxxx X. Xxxxxx | |||
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| Name:
Xxxx Xxxx X.
Xxxxxx Title: Director of Contracts - Airline Market |
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| Date: September 20, 2006 | |||
| Place: Sao Xxxx Dos Xxxxxx, XX, Brazil |
| Witnesses: | |||
| Witness: Xxxxxx Xxxxxxx Xxxxx | Witness: Xxxx-Xxxx Xxxxxx | ||
| Name: Xxxxxx Xxxxxxx Xxxxx | Name: Xxxx-Xxxx Xxxxxx | ||
