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 | ||||||||