Confidential Letter Agreement to Purchase Agreement 3157 between The Boeing Company and Federal Express Corporation (777-Freighter Aircraft)
This agreement is a confidential letter between The Boeing Company and Federal Express Corporation (FedEx) regarding their existing Purchase Agreement for 777-Freighter aircraft. The letter outlines certain undisclosed terms or amendments, with specific details omitted for confidentiality. FedEx agrees to keep the contents confidential, sharing them only with employees who need the information to fulfill obligations under the Purchase Agreement. The agreement is signed by authorized representatives of both companies and references omitted attachments related to aircraft delivery and pricing.
Exhibit 10.42
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 |
PA-3157-LA-06981
September 14th, 2018
Federal Express Corporation
3131 Democrat Road
Memphis, TN 38118
| Attention: | Mr. Kevin Burkhart Managing Director — Aircraft Acquisitions & Sales | |
| Subject: | [*] | |
| References: | Purchase Agreement 3157 between the Boeing Company (Boeing) and Federal Express Corporation (Customer) dated November 7, 2006 relating to 777-Freighter Aircraft (Purchase Agreement) | |
All terms used but not defined in this letter shall have the same meaning as in the Purchase Agreement.
1. [*]
2. [*]
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.
| * | 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. |
| PA-3157-LA-06981 | BOEING PROPRIETARY | Page 1 |
Very truly yours,
| THE BOEING COMPANY | ||||
| By | /s/ Dennis A. Toy | |||
| Its | Attorney-In-Fact | |||
ACCEPTED AND AGREED TO this
| Date: | September 14, 2018 |
| FEDERAL EXPRESS CORPORATION | ||
| By | /s/ Kevin A. Burkhart | |
| Its | Vice President | |
Omitted Attachments
Certain attachments to this exhibit regarding delivery and pricing of certain B777F aircraft manufactured by The Boeing Company for FedEx have been omitted pursuant to Item 601(a)(5) of Regulation S-K because the information contained therein is not material and is not otherwise publicly disclosed. FedEx will furnish supplementally copies of these attachments to the Securities and Exchange Commission or its staff upon request.
| PA-3157-LA-06981 | BOEING PROPRIETARY | Page 2 |
