AMENDMENT No. 8 TO PURCHASE AGREEMENT DCT-014/2004
Exhibit
10.3
CONFIDENTIAL
TREATMENT
REQUESTED
PURSUANT TO RULE 24b-2
AMENDMENT
No. 8 TO PURCHASE AGREEMENT DCT-014/2004
This
Amendment No. 8 to Purchase Agreement DCT-014/2004, dated as of February 28,
2005 (“Amendment No. 8”) relates to the Purchase Agreement DCT-014/2004 (the
“Purchase Agreement”) between Embraer - Empresa Brasileira de Aeronáutica S.A.
(“Embraer”) and Republic Airline Inc. (“Buyer”) dated March 19, 2004 as amended
from time to time (collectively referred to herein as “Agreement”). This
Amendment No. 8 is between Embraer and Buyer, collectively referred to herein as
the “Parties”.
This
Amendment No. 8 sets forth additional agreement between Embraer and Buyer
relative to the [*] delivery
[*].
Except as
otherwise provided for herein all terms of the Purchase Agreement shall remain
in full force and effect. All capitalized terms used in this Amendment No. 8,
which are not defined herein shall have the meaning given in the Purchase
Agreement. In the event of any conflict between this Amendment No. 8 and the
Purchase Agreement the terms, conditions and provisions of this Amendment No. 8
shall control.
WHEREAS, in
connection with the Parties’ agreement above mentioned, the Parties have now
agreed to amend the Purchase Agreement as provided for below:
NOW,
THEREFORE, for good and valuable consideration which is hereby acknowledged
Embraer and Buyer hereby agree as follows:
1.
Delivery: The
table containing the delivery schedule in Article 5.1 of the Purchase Agreement
shall be deleted in its entirely and replaced with the
following:
__________
*
Confidential
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.
CONFIDENTIAL
|
“Firm
A/C |
Delivery
Month |
[*] |
Firm
A/C |
Delivery
Month |
[*] |
|
1 |
Sep
2004 |
[*] |
21 |
[*] |
[*] |
|
2 |
[*] |
[*] |
22 |
[*] |
[*] |
|
3 |
[*] |
[*] |
23 |
[*] |
[*] |
|
4 |
[*] |
[*] |
24 |
[*] |
[*] |
|
5 |
[*] |
[*] |
25 |
[*] |
[*] |
|
6 |
[*] |
[*] |
26 |
[*] |
[*] |
|
7 |
[*] |
[*] |
27 |
[*] |
[*] |
|
8 |
[*] |
[*] |
28 |
[*] |
[*] |
|
9 |
[*] |
[*] |
29 |
[*] |
[*] |
|
10 |
[*] |
[*] |
30 |
[*] |
[*] |
|
11 |
[*] |
[*] |
31 |
[*] |
[*] |
|
12 |
[*] |
[*] |
32 |
[*] |
[*] |
|
13 |
[*] |
[*] |
33 |
[*] |
[*] |
|
14 |
[*] |
[*] |
34 |
[*] |
[*] |
|
15 |
[*] |
[*] |
35 |
[*] |
[*] |
|
16 |
[*] |
[*] |
36 |
[*] |
[*] |
|
17 |
[*] |
[*] |
37 |
[*] |
[*] |
|
18 |
[*] |
[*] |
38 |
[*] |
[*] |
|
19 |
[*] |
[*] |
39 |
Feb
2006 |
[*] |
|
20 |
[*] |
[*] |
2.
Miscellaneous: All other
provisions of the Agreement which have not been specifically amended or modified
by this Amendment No. 8 shall remain valid in full force and effect without any
change.
[Remainder
of page intentionally left in blank]
__________
*
Confidential
CONFIDENTIAL
IN
WITNESS WHEREOF, EMBRAER and BUYER, by their duly authorized officers, have
entered into and executed this Amendment No. 8 to Purchase Agreement to be
effective as of the date first written above.
|
EMBRAER
- Empresa Brasileira de Aeronáutica S.A. |
Republic
Airline Inc. | ||
| /s/ Satoshi Yokata | /s/ Xxxx-Xxxx Xxxxxx | ||
|
|
| ||
| Name: Satoshi
Yokata Title: Executive Vice President Development and Industry |
Name: Xxxx-Xxxx Xxxxxx Title: Vice President |
| /s/ Xxxxxx Xxxxxx | Date: February 28, 0000 | ||
|
|
Xxxxx: Xxxxxxxxxxxx, XX, XXX | ||
|
Name: Xxxxxx
Xxxxxx
Title: Sr. Vice President Airline Market Date: February 28, 0000
Xxxxx: Xxx Xxxx Xxx Xxxxxx, XX, Xxxxxx |
| Witness: /s/ Xxxxxx Xxxxxxx Xxxxx | Witness: /s/ Xxxxxxx X. Xxxxx | ||
|
|
| ||
| Name: Xxxxxx Xxxxxxx Xxxxx |
Name: Xxxxxxx X.
Xxxxx |
