6-1162-JDR-418
Western Pacific Airlines, Inc.
0000 Xxxxx Xxxxxx Xxxxx
Xxxxx 0000
Xxxxxxxx Xxxxxxx, XX 00000
Subject: Letter Agreement No. 6-1162-JDR-418 to
Purchase Agreement No. 1947 --
Board of Directors Approval
This Letter Agreement amends Purchase Agreement No. 1947 dated as of even date
herewith (the Agreement) between The Boeing Company (Boeing) and Western Pacific
Airlines, Inc. (Buyer) relating to Model 737-300 aircraft (the Aircraft).
All terms used herein and in the Agreement, and not defined herein, will have
the same meaning as in the Agreement.
1. Board of Directors Approval.
It is recognized that Xxxxx must obtain approval for the purchase of
the Aircraft from Buyer's Board of Directors. Accordingly, Buyer will use its
best efforts to obtain such Board of Directors approval as soon as practicable
and will advise Boeing promptly after such approval has been obtained. If Boeing
has not received written notice from Buyer on or before August 28, 1996 that
such approval has been obtained, either party will have the right, exercisable
by written notice given to the other within 10 days after such date, to
terminate the purchase of the Aircraft.
2. Effect of Termination.
If there is any termination under the above provision, all rights and
obligations of Boeing and Buyer with respect to the Aircraft will terminate and
be without further force and effect, except that (i) Boeing will promptly refund
to Buyer, without interest, all advance payments theretofore received by Boeing
from Buyer pursuant to the Agreement with respect to the Aircraft and (ii)
Letter Agreement 1947-1 will survive such termination and remain in full force
and effect.
P.A. No. 1947
K/WPA
Western Pacific Airlines, Inc.
6-1162-JDR-418 Page 2
3. Confidentiality.
Xxxxx understands that certain commercial and financial information
contained in this Letter Agreement are considered by Boeing as confidential.
Xxxxx agrees that it will treat this Letter Agreement and the information
contained herein as confidential and will not, without the prior written consent
of Boeing, disclose this Letter Agreement or any information contained herein to
any other person or entity, except as provided in Letter Agreement 1947-1.
Very truly yours,
THE BOEING COMPANY
By
--------------------------------
Its Attorney-In-Fact
ACCEPTED AND AGREED TO this
Date: , 1996
WESTERN PACIFIC AIRLINES, INC.
By
--------------------------------
Its
P.A. No. 1947
K/WPA
