AMENDMENT No. 15 TO LETTER AGREEMENT DCT-015/2004
EXHIBIT
10.40(o)
CONFIDENTIAL
TREATMENT
REQUESTED
PURSUANT TO RULE 24b-2
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.
AMENDMENT
No. 15 TO LETTER AGREEMENT DCT-015/2004
This
Amendment No.15 to Letter Agreement DCT-015/2004, dated as of September 5th, 2008
(“Amendment No. 15”) 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. 15 is between Embraer and Buyer, collectively referred to herein
as the “Parties”.
This
Amendment No. 15 sets forth additional agreements between Embraer and Buyer
related to the confirmation that the last 4 firm order XXXXXXX 000 Xxxxx
Aircraft shall be [*].
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. 15 that
are not defined herein shall have the meaning given in the Letter Agreement. In
the event of any conflict between this Amendment No. 15 and the Letter Agreement
the terms, conditions and provisions of this Amendment No. 15 shall
control.
1.
Article 6 (Certain EMBRAER 175 [*]) of Amendment No. 13 to
Letter Agreement shall be entirely canceled and is of no force and effect as if
such Article 6 had never been included in the Amendment No. 13 to Letter
Agreement.
EMBRAER
– Empresa Brasileira de Aeronáutica S.A.
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Republic
Airline Inc.
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/s/
Antonio Xxxx Xxxxxxx Xxxxx
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/s/
Xxxxx Xxxxxxx
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Name:
Antonio Xxxx Xxxxxxx Xxxxx
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Name:
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Title:
Executive Vice-President Finance & CFO
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Title:
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/s/
Xxxx Xxxx X. Xxxxxx
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Date:
September 5, 2008
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Name:
Xxxx Xxxx X. Xxxxxx
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Place:
Indianapolis, Indiana
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Title:
Vice President Contracts Airline Market
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Date: September 8th, 2008 | ||||
Place: São Xxxx Dos Xxxxxx, XX, Brazil | ||||
Witness: /s/ Xxxxxx Xxxxxxx Xxxxx | Witness: /s/ Xxxx-Xxxx Xxxxxx | |||
Name: Xxxxxx Xxxxxxx Xxxxx | Name: Xxxx-Xxxx Xxxxxx |
*Confidential