Amendment Number 5 to Letter Agreement GCT-026/98 between Embraer and Solitair Corp.

Summary

This document is the fifth amendment to a letter agreement originally made between Embraer and Solitair Corp. regarding the purchase of certain aircraft, with some aircraft to be provided by GE Capital. The amendment modifies specific conditions in the original agreement, while all other terms remain unchanged. Both parties have agreed to these modifications, which are effective as of October 2000.

EX-10.14(E) 41 a2071795zex-10_14e.txt 5TH AMEND TO LTR AGREE Exhibit 10.14(e) AMENDMENT NUMBER 5 TO LETTER AGREEMENT GCT-026/98 This Amendment Number 5 to Letter Agreement GCT-026/98, dated as of October ___, 2000 ("Amendment No. 5") relates to the Letter Agreement GCT-026/98 (the "Letter Agreement") between EMBRAER - Empresa Brasileira de Aeronautica S.A. ("Embraer") and Solitair Corp. ("Buyer") dated June 17, 1998, which concerns the Purchase Agreement GCT-025/98 (the "Purchase Agreement"), as amended from time to time (collectively referred to herein as the "Agreement"). This Amendment No. 5 is between Embraer and Buyer, collectively referred to herein as the "Parties". This Amendment No. 5 sets forth further agreements between Embraer and Buyer [*] of Aircraft #13 through 22 to be provided by General Electric Capital Corporation ("GE Capital"). This Amendment No. 5 constitutes an amendment and modification of the Letter Agreement. All terms defined in the Agreement and not defined herein shall have the meaning given in the Agreement when used herein, and in case of any conflict between this Amendment No. 5 and the Agreement, the terms of this Amendment No. 5 shall control. WHEREAS, in connection with the Parties' agreements as described above, the Parties have agreed to modify some conditions described in the Letter Agreement as provided below; NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, Embraer and Buyer do hereby agree as follows: 1. [*] 2. [*] - ------------ * Confidential 3. MISCELLANEOUS All other provisions of the Agreement which have not been specifically amended or modified by this Amendment No. 5 shall remain valid 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 No. 5 to be effective as of the date first written above. EMBRAER - Empresa Brasileira de Aeronautica S.A. Solitair Corp. By /s/ Frederico Fleury Curado By /s/ Doug Lambert ---------------------------- ----------------------- Name: Frederico Fleury Curado Name: Doug Lambert Title: E.V.P. Title: V.P. By /s/ Romualdo Monteiro de Barros ------------------------------- Name: Romualdo Monteiro de Barros Date: 10/18/00 Title: E.V.P.--Defense Market Place: Greenwich, CT USA Date: 10-18-00 Place: Sao Jose dos Campos, Brazil