Amendment No. 1 to Purchase Agreement DCT-021/03 between Embraer and US Airways Group, Inc.
This document is the first amendment to a purchase agreement originally signed on May 9, 2003, between Embraer (Empresa Brasileira de Aeronáutica S.A.) and US Airways Group, Inc. The amendment updates certain terms of the original agreement, while confirming that all other terms remain unchanged unless specifically modified. In case of any conflict, the terms of this amendment take precedence. The amendment is effective as of November 4, 2003, and is executed by authorized representatives of both parties.
Exhibit 10.22
AMENDMENT NUMBER 1 TO PURCHASE AGREEMENT DCT-021/03
This Amendment Number 1 to Purchase Agreement DCT-021/03, dated as of November 4, 2003 (Amendment No. 1), relates to the Purchase Agreement Number DCT-021/03 between EMBRAER-Empresa Brasileira de Aeronáutica S.A. (Embraer) and US Airways Group, Inc. (Buyer) dated May 9th, 2003 (as amended, the Purchase Agreement), Buyer and Embraer are collectively referred to herein as the Parties. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth or referred to in the Purchase Agreement.
This Amendment No. 1 sets forth **.
NOW, THEREFORE, in consideration of the foregoing, Embraer and Buyer do hereby agree as follows:
1. | ** |
** |
2. | EFFECT UPON PURCHASE AGREEMENT |
All terms and conditions of the Purchase Agreement that have not been specifically and expressly altered or modified hereunder shall remain in full force and effect. In the event any conflict exists between the terms of the Purchase Agreement and the terms of this Amendment No. 1, the terms of this Amendment No. 1 shall control.
3. | COUNTERPARTS |
This Amendment No. 1 may be executed by the Parties in any number of counterparts with the same effect as if the signatures thereto and hereto were upon the same instrument and all of which when taken together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the Parties have caused this Amendment No. 1 to be duly executed and delivered by their proper and duly authorized officers and to be effective as of the day and year first above written.
US AIRWAYS GROUP, INC. | EMBRAER EMPRESA BRASILEIRA DE AERONÁUTICA S.A. | |||||
By: | /s/ Eilif Serck-Hanssen | By: | /s/ Satoshi Yokota | |||
Name: | Eilif Serck-Hanssen | Name: | Satoshi Yokota | |||
Title: | Vice President, Finance & Treasurer | Title: | Executive Vice-President Development and Industry | |||
By: | /s/ Flavio Rimoli | |||||
Name: | Flavio Rimoli | |||||
Title: | Sr. Vice President Airline Marketing | |||||
Witness: | /s/ Ross Cotjanle | Witness: | /s/ Hilario Oliveira | |||
Name: | Ross Cotjanle | Name: | Hilario Oliveira | |||
Date: | November 4, 2003 | Date: | November 4 , 2003 | |||
Place: | Arlington, VA | Place: | Sao Jose dos Campos, SP Brazil |