AMENDMENT 3 TO EMB-135 FINANCING LETTER OF AGREEMENT
Exhibit 10.39(c)
AMENDMENT 3 TO EMB-135 FINANCING
LETTER OF AGREEMENT
This Amendment 3 to EMB-135 Financing Letter of Agreement ("Amendment 3") is dated October 27, 2000, and is an agreement among Continental Express, Inc. ("Coex" or [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT]), with its principal place of business at 0000 Xxxxx Xxxxxx, Xxxxxxx, Xxxxx; Continental Airlines, Inc. ("Continental" or [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT]), with its principal place of business at 0000 Xxxxx Xxxxxx, Xxxxxxx, Xxxxx; and EMBRAER-Empresa Brasileira de AeronAutica S.A. ("Embraer"), with its principal place of business at Sao Xxxx dos Xxxxxx, SAo Paulo, Brazil, as it relates to the EMB-135 Financing Letter of Agreement dated March 23, 2000 executed by Coex, Continental and Embraer ("EMB-135 Financing LOA").
Coex and Continental have entered into [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT]
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Section 3 of the EMB-135 Financing LOA opposite the caption [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] shall be amended to replace "October 16, 2000" with "November 15, 2000" in each instance in which it appears in the two paragraphs under such caption.
2. Section 7 of the EMB-135 Financing LOA shall be amended as follows:
[CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT]
3. All capitalized terms used herein and not otherwise defined in this Amendment 3 shall have the meaning provided for in the EMB-135 Financing LOA. Furthermore all other terms and conditions contained in the EMB-135 Financing LOA not specifically referred to herein shall remain in full force and effect and in the event of any conflict between the terms of this Amendment 3 and the EMB-135 Financing LOA the terms of this Amendment 3 shall control.
[INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, the parties hereto have caused this Amendment 3 to be duly executed and delivered by their proper and authorized officers and to be effective as of the day and year first above written.
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CONTINENTAL EXPRESS, INC. |
CONTINENTAL AIRLINES, INC. |
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By: /s/ Xxxx Xxxxxx |
By: /s/ Xxxxxx Xxxxxxxx |
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Name: Xxxx Xxxxxx |
Name: Xxxxxx Xxxxxxxx |
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Title: VP Finance & CFO |
Title: Senior Vice President Finance |
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Witness: /s/ Xxx X. Xxxxxx |
Witness: /s/ Xxx X. Xxxxxx |
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Name: Xxx X. Xxxxxx |
Name: Xxx X. Xxxxxx |
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EMBRAER - EMPRESA BRASILEIRA DE AERONAUTICA S.A. |
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By: /s/ Xxxxxxxxx Xxxxxx Curado |
By: /s/ Xxxxxx Xxxxxx |
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Name: Xxxxxxxxx Xxxxxx Curado |
Name: Xxxxxx Xxxxxx |
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Title: Executive Vice President Airline Market |
Title: Director of Contracts |
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Witness: /s/ Brasil Areco |
Witness: /s/ Xxxxxx Xxxxx Xxxxx |
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Name: Brasil Areco |
Name: Xxxxxx Xxxxx Xxxxx |
