EXHIBIT 10.42
AMENDMENT Xx. 0
XX XXX X000 XXXXXXXX AGREEMENT
dated as of August 10, 1992
between
ASVA, S.A.R.L.,
and
UNITED AIR LINES, INC.
This Amendment No. 4 (hereinafter referred to as the "Amendment")
is entered into as of November 27, 1995, by and between AVSA,
S.A.R.L., a societe a responsibilite 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 UNITED AIR LINES, Inc., a corporation organized and existing
under the laws of the State of Delaware, United States of
America, having its principal corporate offices located at 0000
Xxxx Xxxxxxxxx Xxxx, Xxx Xxxxx Xxxxxxx, Xxxxxxxx 00000
(hereinafter referred to as the "Buyer").
WITNESSETH:
WHEREAS, the Buyer and the Seller have entered into an A320
Purchase Agreement, dated as of August 10, 1992 (which agreement,
as previously amended by and supplemented with all Exhibits,
Appendices, Letter Agreements, and Amendments attached thereto is
hereinafter called the "Agreement"), which Agreement relates to
the sale by the Seller and the purchase by the Buyer of certain
firmly ordered Airbus Industrie A320-200 model aircraft (the
"Aircraft") and certain Airbus Industrie A320-200 model option
aircraft (the "Option Aircraft"). Amendment No. 1 to the
Agreement was signed on November 24, 1993. Amendment No. 2 to the
Agreement was signed on April 22, 1994. Amendment No. 3 to the
Agreement was signed on March 31, 1995.
[*CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE
SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR
CONFIDENTIAL TREATMENT]
WHEREAS, capitalized terms used herein and not otherwise defined
in this Amendment shall have the meaning assigned to them in the
Agreement. The terms "herein," "hereof," and "hereunder" and
words of similar import refer to this Amendment.
A320 - United Airlines Amdt. 4-1
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
[*CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE
SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR
CONFIDENTIAL TREATMENT]
4. EFFECT OF AMENDMENT
The Agreement shall be deemed amended to the extent herein
provided, and, except as specifically amended hereby, shall
continue in full force and effect in accordance with its
original terms.
5. CONFIDENTIALITY
Subject to any legal or governmental requirements of
disclosure, the Parties (which for this purpose shall
include their employees, agents and advisors) shall maintain
strictly confidential the terms and conditions of this
Amendment and any information, reports or other data
furnished hereunder or in connection with the negotiation of
this Amendment. Without limiting the generality of the
foregoing, the Buyer shall use its best efforts to limit the
disclosure of the contents of this Amendment to the extent
legally permissible in any filing required to be made by the
Buyer with any Governmental agency and shall make such
applications as shall be necessary to implement the
foregoing. The Buyer and the Seller shall consult with each
other prior to the making of any public disclosure or filing
permitted hereunder of this Amendment or the terms and
conditions hereof. Each party will inform the other of
receipt of any legal demand, whether by subpoena, discovery
request or otherwise, for disclosure of this Amendment or
its contents. The provisions of this paragraph 4 shall
survive any termination of this Amendment.
If the Foregoing correctly sets forth our understanding, please
indicate your acceptance by signing in the space provided below.
Agreed and Accepted Agreed and Accepted
UNITED AIR LINES, INC. AVSA, S.A.R.L.
By: /s/ Xxxxxxx Xxxxxx By: /s/ Xxxxxxxxxx Xxxxxx
Its: Senior Vice President and Its: Chief Executive Officer
Chief Financial Officer
Date: 11/27/95 Date: