AMENDMENT No. 16 TO LETTER AGREEMENT DCT-015/2004
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EXHIBIT
10.40(p)
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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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CONFIDENTIAL
AMENDMENT
No. 16 TO LETTER AGREEMENT DCT-015/2004
This
Amendment No.16 to Letter Agreement DCT-015/2004, dated as of November 10, 2008
(“Amendment No. 16”) 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. 16 is between Embraer and Buyer, collectively referred to herein
as the “Parties”.
This
Amendment No. 16 sets forth additional agreements between Embraer and Buyer
relative [*].
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. 16 that
are not defined herein shall have the meaning given in the Letter Agreement. In
the event of any conflict between this Amendment No. 16 and the Letter Agreement
the terms, conditions and provisions of this Amendment No. 16 shall
control.
NOW,
THEREFORE, for good and valuable consideration which is hereby acknowledged
Embraer and Buyer hereby agree as follows:
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1.
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[*]:
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| 1.1 |
Article
1 of the Letter Agreement shall be amended to insert the
following [*]
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1.2
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All
[*] shall be [*].
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___________
*Confidential
CONFIDENTIAL
IN
WITNESS WHEREOF, EMBRAER and BUYER, by their duly authorized officers, have
entered into and executed this Amendment No. 16 to Letter Agreement to be
effective as of the date first written above.
| EMBRAER – Empresa Brasileira de Aeronáutica S.A. | Republic Airline Inc. | |||
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By:
/s/ Xxxxx Xxxx Junior
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By:
/s/ Xxxxx Xxxxxxx
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Name:
Xxxxx Xxxx Junior
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Name: Xxxxx
Xxxxxxx
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Title: Executive
Vice President Airline Market
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Title:
President, CEO
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By:
/s/ Xxxx Xxxx X.
Xxxxxx
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Name:
Xxxx
Xxxx X. Xxxxxx
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Date:
Nov. 10, 2008
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Title:
Vice President Contracts Airline Market
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Place:
Indianapolis
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| Date: November 11, 2008 | ||||
| Place: São Xxxx Dos Xxxxxx, Brazil |
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Witness:
/s/ Xxxxxx Xxxxxxx Dutras
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Witness:
/s/ Xxxx-Xxxx Xxxxxx
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Name:
Xxxxxx Xxxxxxx Dutras
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Name:
Xxxx-Xxxx Xxxxxx
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