High aircraft utilization. By scheduling and operating our aircraft efficiently, we are able to spread our fixed costs over a greater number of flights and available seat miles. For the year ended December 31, 2009, our aircraft operated an average of 11.5 hours per day, which we believe is the highest among all major U.S. airlines. Our airport operations allow us to schedule our aircraft with minimum ground time

EX-10.18.H 4 y02987exv10w18wh.htm EX-10.18.H exv10w18wh
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/ Mauro Kern Junior       By   : /s/ Mark D. Powers
 
               
Name
  : Mauro Kern Junior       Name   : Mark D. Powers
 
               
Title
  : Executive Vice President       Title   :SVP Treasurer
 
               
 
  Airline Market            
 
               
By
  : /s/ Eduardo Munhos de Campos            
 
               
Name
  : Eduardo Munhos de Campos            
 
               
Title
  : Vice-President Contracts            
 
               
 
  Airline Market            
 
               
Date:
          Date   : 12/14/09
 
               
Place
  :       Place   : Forest Hills, NY
 
               
 
               
Witness
  : /s/ Sandra Boelter de Bestos       Witness   : /s/ James Ferri
 
               
Name
  : Sandra Boelter de Bestos       Name   : James Ferri
 
               
 
[***] 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