Exhibit 101.1 Interactive Date Files
Exhibit 10.55
INFORMATION IN THIS EXHIBIT IDENTIFIED BY BRACKETS IS CONFIDENTIAL AND HAS BEEN EXCLUDED PURSUANT TO ITEM 601(B)(10)(IV) OF REGULATION S-K BECAUSE IT IS BOTH (I) NOT MATERIAL AND (II) THE TYPE THAT FEDEX TREATS AS PRIVATE OR CONFIDENTIAL.
The Boeing Company P.O. Box 3707 Seattle, WA 98124-2207 |
FED-PA-3157-LA ###-###-####
Federal Express Corporation
3131 Democrat Road
Memphis, TN 38118
Attention: | Mr. Guy See Managing Director – Aircraft Acquisitions & Sales | |
Subject: | [*] | |
Reference: | (a) Purchase Agreement No. 3157 between The Boeing Company (Boeing) and Federal Express Corporation (Customer) dated November 7, 2006 relating to Model 777-FREIGHTER aircraft (777 Purchase Agreement)
(b) Letter Agreement No. 6-1162-RRO-1062R3; Option Aircraft, between Boeing and Customer dated June 1, 2022, as amended most recently by Supplemental Agreement No. 36 (Option Aircraft Letter Agreement)
(c) Letter Agreement No. 6-1169-LKJ-0776; SA-30 Option Aircraft, between Boeing and Customer dated June 18, 2018 (SA-30 Option Aircraft Letter Agreement) |
This letter agreement (Letter Agreement) amends and supplements the 777 Purchase Agreement. All terms used but not defined in this Letter Agreement shall have the same meaning as in the referenced 777 Purchase Agreement.
1. | Background. |
1.1 Pursuant to the terms of the Option Aircraft Letter Agreement and the SA-30 Option Aircraft Letter Agreement, [*].
1.2 [*].
FED-PA-3157-LA ###-###-#### [*] | Page 1 | |||
BOEING PROPRIETARY | ||||
* Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. |
2. | Agreement. |
2.1 [*] as listed in Table 2.1 below.
Table 2.1
Referenced Letter Agreement | Contracted Delivery Date | [*] | [*] | |||
(b) | [*] | [*] | [*] | |||
(c) | [*] | [*] | [*] | |||
(c) | [*] | [*] | [*] | |||
(b) | [*] | [*] | [*] | |||
(b) | [*] | [*] | [*] | |||
(c) | [*] | [*] | [*] | |||
(b) | [*] | [*] | [*] | |||
(b) | [*] | [*] | [*] | |||
(b) | [*] | [*] | [*] | |||
(b) | [*] | [*] | [*] | |||
(b) | [*] | [*] | [*] | |||
(b) | [*] | [*] | [*] |
2.2 Following Customer’s exercise of [*] 777 Option Aircraft the parties agree to use their best efforts to sign a supplemental agreement to the 777 Purchase Agreement to add the [*] Option Aircraft as Aircraft to the 777 Purchase Agreement within thirty (30) calendar days following option exercise.
2.3 This Letter Agreement shall not be effective unless executed and delivered by the parties on or prior to May 31, 2023.
3. | Confidentiality. |
Customer understands and agrees that the information contained herein represents confidential business information and has value precisely because it is not available generally or to other parties. Customer agrees to limit the disclosure of its contents to employees of Customer with a need to know the contents for purposes of helping Customer perform its obligations under the Purchase Agreement and who understand they are not to disclose its contents to any other person or entity without the prior written consent of Boeing.
FED-PA-3157-LA ###-###-#### [*] | Page 2 | |||
BOEING PROPRIETARY | ||||
* Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. |
Very truly yours, | ||
THE BOEING COMPANY | ||
By | /s/ McKenzie Kuckhahn | |
Its | Attorney-In-Fact | |
ACCEPTED AND AGREED TO this | ||
Date: May 23, 2023 | ||
FEDERAL EXPRESS CORPORATION | ||
By | /s/ Kevin A. Burkhart | |
Its | Vice President |
FED-PA-3157-LA ###-###-#### [*] | Page 3 | |||
BOEING PROPRIETARY | ||||
* Blank spaces contained confidential information that has been excluded pursuant to Item 601(b)(10)(iv) of Regulation S-K because it is both (i) not material and (ii) the type that FedEx treats as private or confidential. |