Amendment No. 5 to Letter Agreement DCT-026/2003 between Embraer and JetBlue Airways

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Summary

This document is the fifth amendment to a letter agreement originally signed between Embraer and JetBlue Airways on June 9, 2003. The amendment, effective March 6, 2008, updates certain terms of the original agreement, with all other terms remaining unchanged. The specific details of the changes have been redacted for confidentiality. The amendment is signed by authorized representatives of both companies and confirms that, except for the amended provisions, the original agreement remains in full effect.

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EX-10.2 3 y00353exv10w2.htm EX-10.2: AMENDMENT NO.5 TO EMBRAER LETTER AGREEMENT EX-10.2
Exhibit 10.2
AMENDMENT Nº 5 TO LETTER OF AGREEMENT DCT-026/2003
This Amendment No. 5 to Letter of Agreement DCT-026/2003, dated as of March 6, 2008 (“Amendment 5”) 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 5 is between Embraer and Buyer, collectively referred to herein as the “Parties”.
This Amendment 5 sets forth the further agreement between Embraer and Buyer relative to [***] , among other things. All capitalized terms used in this Amendment 5 and not defined herein shall have the meaning given in the Purchase Agreement, and in case of any conflict between this Amendment 5 and the Letter Agreement, the terms of this Amendment 5 shall control.
Now, therefore, for good and valuable consideration, which is hereby acknowledged, Embraer and Buyer hereby agree as follows:
1. [***]
Pursuant to that Amendment No. 4 to Letter of Agreement DCT-026/2003, dated as of October 17, 2007 (“Amendment 4”), [***]:
     (a) [***]
     (b) [***]
All other terms and conditions of the Letter Agreement, which are not specifically amended by this Amendment 5, shall remain in full force and effect without any change.
[Signature page follows]
 
[***]   Represents material which has been redacted and filed separately with the Commission pursuant to a request for confidential treatment pursuant to Rule24b-2 under the Securities Exchange Act of 1934, as amended.

 

 

     IN WITNESS WHEREOF, Embraer and Buyer, by their duly authorized officers, have entered into and executed this Amendment 5 to the Letter Agreement to be effective as of the date first written above.
                     
 
                   
Embraer — Empresa Brasileira de Aeronáutica S.A.       JetBlue Airways Corporation
 
                    
By:
  /s/ Mauro Kern Junior       By:   /s/ Mark D. Powers    
 
                   
Name:
  Mauro Kern Junior       Name:   Mark D. Powers    
Title:
  Executive Vice President
Airline Market 		      Title:   Senior Vice President and Treasurer    
 
                    
By:
  /s/ José Luís D. Molina                
 
                   
Name:
  José Luís D. Molina                
Title:
  Vice President Contracts                
 
  Airline Market                
 
                    
Date:
  March 6, 2008       Date:   March 6, 2008    
Place:
          Place:   Forest Hills, NY USA    
 
                   
 
                    
Witness:
          Witness:   /s/ Adam L. Schless    
 
                   
Name:
          Name:   Adam L. Schless