AMENDMENT No. 5 TO PURCHASE AGREEMENT COM0270-15
Exhibit 10.1
Execution Version
CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [***], HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
AMENDMENT No. 5 TO PURCHASE AGREEMENT COM0270-15
This Amendment No. 5 COM0206-18 (the “Amendment No. 5”), dated as of April 19, 2018 (“Amendment No. 5”) is between Embraer S.A. (“Embraer”) and Aircastle Holding Corporation Limited (“Buyer”) collectively referred to herein as the “Parties”, and constitutes an amendment and modification to Purchase Agreement COM0270-15 dated June 12th, 2015 as amended from time to time (the “Purchase Agreement”).
All capitalized terms not otherwise defined herein shall have the same meaning when used herein as provided in the Purchase Agreement and in case of any conflict between this Amendment No. 5 and the Purchase Agreement, this Amendment No. 5 shall control.
WHEREAS, [***];
WHEREAS, [***];
WHEREAS, [***].
NOW, THEREFORE, for good and valuable consideration which is hereby acknowledged, Embraer and Buyer hereby agree as follows:
1. [***].
2. [***].
3. [***].
4. REINSTATEMENT OF PURCHASE AGREEMENT
All other provisions and conditions of the referenced Purchase Agreement, as well as its related Attachments, which are not specifically modified by this Amendment No. 5 shall remain in full force and effect without any change.
5. COUNTERPARTS
This Amendment No. 5 may be signed by the parties hereto in any number of separate counterparts with the same effect as if the signatures thereto and hereto were upon the same instrument and all of which when taken together shall constitute one and the same instrument.
This Amendment No. 5 may be signed by facsimile with originals duly signed to follow by an internationally recognized courier.
[INTENTIONALLY LEFT BLANK - SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, EMBRAER and BUYER, by their duly authorized officers, have entered into and executed this Amendment No. 5 to be effective as of the date first written above.
EMBRAER S.A. AIRCASTLE HOLDING CORPORATION
LIMITED |
By: /s/ Xxxx Slattery__________ By: /s/ Xxxxxxx Quinn_________________
Name: Xxxx Xxxxxxxx Name: Xxxxxxx Xxxxx
Title: President & CEO Title: Director
Commercial Aviation
By: /s/ Simon Newitt__________
Name: Xxxxx Xxxxxx
Title: Vice President Contracts
Commercial Aviation
Place: São Xxxx dos Xxxxxx - SP Place: Stamford, CT
Brazil
CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [***], HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24B-2 UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.
THE FOLLOWING ATTACHMENT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT.
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