AMENDMENT No. 8 TO LETTER OF AGREEMENT DCT-026/2003
Exhibit 10.18(h)
AMENDMENT No. 8 TO LETTER OF AGREEMENT DCT-026/2003
This Amendment No. 8 to Letter of Agreement DCT-026/2003, dated as of December 14th, 2009
(“Amendment 8”) relates to Letter Agreement DCT-026/2003 between Embraer — Empresa Brasileira de
Aeronáutica S.A. (“Embraer”) and JetBlue Airways Corporation (“Buyer”) dated June 9, 2003 as
amended from time to time (collectively referred to herein as “Letter Agreement”). This Amendment
8 is between Embraer and Buyer, collectively referred to herein as the “Parties”.
This Amendment 8 sets forth the further agreement between Embraer and Buyer relative to changes to
Article 7 of the Letter Agreement. All capitalized terms used in this Amendment 8 and not defined
herein shall have the meaning given in the Purchase Agreement, and in case of any conflict between
this Amendment 8 and the Letter Agreement, the terms of this Amendment 8 shall control.
Now, therefore, for good and valuable consideration, which is hereby acknowledged, Embraer and
Buyer hereby agree as follows:
| 1. | Changes to Article 7 of Letter Agreement |
Article 7.1 of the Letter Agreement shall be deleted and replaced as follows:
[***].
| 2. | Special concession |
A new Article 11 shall be added to the Letter Agreement as follows:
11. Termination Rights: Buyer shall have the right to cancel 5 Firm Aircraft provided that (i) the
Contractual Delivery Month of such Aircraft are in 2012 or later, (ii) [***], and (iii)
no more then 2 Aircraft shall be canceled in any one year.
| 3. | [***] |
A new Article 12 shall be added to the Letter Agreement as follows:
[***].
| [***] Represents material which has been redacted and filed separately with the Commission pursuant to a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. | ||
| Amendment No 8 to the LA DCT-026/2003 | Page 1 of 2 | |
All other terms and conditions of the Letter Agreement, which are not specifically amended by
this Amendment 8, shall remain in full force and effect without any change.
IN WITNESS WHEREOF, Embraer and Buyer, by their duly authorized officers, have entered into and
executed this Amendment 8 to the Letter Agreement to be effective as of the date first written
above.
| Embraer — Empresa Brasileira | JetBlue Airways Corporation | |||||||
| de Aeronáutica S.A. | ||||||||
By
|
: /s/ Xxxxx Xxxx Junior | By | : /s/ Xxxx X. Xxxxxx | |||||
Name
|
: Xxxxx Xxxx Junior | Name | : Xxxx X. Xxxxxx | |||||
Title
|
: Executive Vice President | Title | :SVP Treasurer | |||||
| Airline Market | ||||||||
By
|
: /s/ Xxxxxxx Xxxxxx xx Xxxxxx | |||||||
Name
|
: Xxxxxxx Xxxxxx xx Xxxxxx | |||||||
Title
|
: Vice-President Contracts | |||||||
| Airline Market | ||||||||
Date:
|
Date | : 12/14/09 | ||||||
Place
|
: | Place | : Forest Hills, NY | |||||
Witness
|
: /s/ Xxxxxx Xxxxxxx de Bestos | Witness | : /s/ Xxxxx Xxxxx | |||||
Name
|
: Xxxxxx Xxxxxxx de Bestos | Name | : Xxxxx Xxxxx | |||||
| [***] Represents material which has been redacted and filed separately with the Commission pursuant to a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. | ||
| Amendment No 8 to the LA DCT-026/2003 | Page 2 of 2 | |
