EXHIBIT 10.1
Amendment No. 26
to the A320 Purchase Agreement
Dated as of April 20, 1999
between
AVSA, S.A.R.L.
and
JetBlue Airways Corporation
This Amendment No. 26 (hereinafter referred to as the ‘‘Amendment’’) is entered into as of February 27, 2006 between AVSA, S.A.R.L., a société à responsabilité limitée organized and existing under the laws of the Republic of France, having its registered office located at 2, Rond-Point Maurice Bellonte, 31700 Blagnac, France (hereinafter referred to as the ‘‘Seller’’), and JetBlue Airways Corporation, a corporation organized and existing under the laws of the State of Delaware, United States of America, having its principal corporate offices located 118-29 Queens Boulevard, 5th Floor, Forest Hills, New York 11375 USA (hereinafter referred to as the ‘‘Buyer’’).
WITNESSETH
WHEREAS, the Buyer and the Seller entered into an A320 Purchase Agreement, dated as of April 20, 1999, relating to the sale by the Seller and the purchase by the Buyer of certain Airbus A320-200 aircraft (the ‘‘Aircraft’’), including twenty-five option aircraft (the ‘‘Option Aircraft’’), which, together with all Exhibits, Appendixes and Letter Agreements attached thereto and as amended by Amendment No. 1, dated as of September 30, 1999, Amendment No. 2, dated as of March 13, 2000, Amendment No. 3, dated as of March 29, 2000, Amendment No. 4, dated as of September 29, 2000, Amendment No. 5 dated as of November 7, 2000, Amendment No. 6 dated as of November 20, 2000, Amendment No. 7 dated as of January 29 2001, Amendment No. 8 dated as of May 3, 2001, Amendment No. 9 dated as of July 18, 2001, Amendment No. 10 dated as of November 16, 2001, Amendment No. 11 dated as of December 31, 2001, Amendment No. 12 dated as of April 19, 2002, Amendment No. 13 dated as of November 22, 2002, Amendment No. 14 dated as of December 18, 2002 and Amendment No. 15 dated as of February 10, 2003, Amendment No. 16 dated as of April 23, 2003, Amendment No. 17 dated as of October 1, 2003, Amendment No. 18 dated as of November 12, 2003, Amendment No. 19 dated as of June 4, 2004, Amendment No. 20 dated as of June 7, 2004, Amendment No. 21 dated as of November
19, 2004, Amendment No. 22 dated as of February 17, 2005, Amendment No. 23 dated as of March 31, 2005, Amendment No. 24 dated as of July 21, 2005 and Amendment No. 25 dated as of November 23, 2005 is hereinafter called the ‘‘Agreement’’;
WHEREAS the Seller and the Buyer have agreed to amend Clause 9 of the Agreement,
WHEREAS the Seller is willing to accommodate the Buyer with respect to the foregoing under the terms and conditions set forth herein,
NOW, THEREFORE, IT IS AGREED AS FOLLOWS
 | |
| 1. | DEFINITIONS |
| |
| 1.1 | Capitalized terms used herein and not otherwise defined herein will have the meanings assigned to them in the Agreement. The terms ‘‘herein,’’ ‘‘hereof’’ and ‘‘hereunder’’ and words of similar import refer to this Amendment. |
| |
| 2. | DELIVERY SCHEDULE |
| |
| 2.1 | The Buyer and the Seller agree to reschedule the delivery date of the following Aircraft as follows: |
Aircraft CaC Id 104 420 from *** 2006 to ***2006 and
| |
| 2.2 | As a consequence Paragraphs 2.1 above, the delivery schedule set forth in Clause 9.1.1 of the Agreement is hereby cancelled and replaced by the following quoted provisions: |
QUOTE:
| | | | | | | | | | | | |
| CAC Id No. | | | Rank No. | | | Aircraft | | | Delivery | | | |
| 41 199 | | | No. 1 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2000 |
| 41 200 | | | No. 2 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2000 |
| 41 203 | | | No. 3 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2000 |
| 41 201 | | | No. 4 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2000 |
| 41 202 | | | No. 5 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2000 |
| 41 204 | | | No. 6 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2000 |
| 41 205 | | | No. 7 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2001 |
| 41 206 | | | No. 8 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2001 |
| 41 210 | | | No. 9 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2001 |
|
| |
| [***] | 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. |
2
| | | | | | | | | | | | |
| CAC Id No. | | | Rank No. | | | Aircraft | | | Delivery | | | |
| 41 207 | | | No. 10 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2001 |
| 41 208 | | | No. 11 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2001 |
| 41 209 | | | No. 12 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2001 |
| 41 228 | | | No. 13 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2001 |
| 41 211 | | | No. 14 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2002 |
| 41 212 | | | No. 15 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2002 |
| 41 218 | | | No. 16 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2002 |
| 41 224 | | | No. 17 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2002 |
| 41 227 | | | No. 18 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2002 |
| 41 225 | | | No. 19 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2002 |
| 41 213 | | | No. 20 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2002 |
| 41 214 | | | No. 21 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2002 |
| 41 234 | | | No. 22 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2002 |
| 41 215 | | | No. 23 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2002 |
| 41 216 | | | No. 24 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2002 |
| 41 217 | | | No. 25 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2002 |
| 124 965 | | | No. 26 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2002 |
| 41 235 | | | No. 27 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2002 |
| 41 220 | | | No. 28 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2002 |
| 41 219 | | | No. 29 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2002 |
| 41 236 | | | No. 30 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2003 |
| 104 399 | | | No. 31 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2003 |
| 41 237 | | | No. 32 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2003 |
| 124 966 | | | No. 33 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2003 |
| 41 221 | | | No. 34 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2003 |
| 41 238 | | | No. 35 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2003 |
| 41 222 | | | No. 36 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2003 |
| 104 400 | | | No. 37 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2003 |
| 104 401 | | | No. 38 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2003 |
| 41 223 | | | No. 39 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2003 |
| 104 402 | | | No. 40 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2003 |
| 104 443 | | | No. 41 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2003 |
| 104 403 | | | No. 42 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2003 |
| 124 964 | | | No. 43 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2003 |
| 41 226 | | | No. 44 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2003 |
| 111 579 | | | No. 45 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2004 |
| 41 245 | | | No. 46 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2004 |
| 41 246 | | | No. 47 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2004 |
| 41 229 | | | No. 48 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2004 |
|
|
| |
| [***] | 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. |
3
| | | | | | | | | | | | |
| CAC Id No. | | | Rank No. | | | Aircraft | | | Delivery | | | |
| 41 247 | | | No. 49 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2004 |
| 41 248 | | | No. 50 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2004 |
| 104 404 | | | No. 51 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2004 |
| 104 405 | | | No. 52 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2004 |
| 41 230 | | | No. 53 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2004 |
| 104 406 | | | No. 54 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2004 |
| 124 967 | | | No. 55 | | | Amendment No.16 Firm Aircraft | | | *** | | | 2004 |
| 104 415 | | | No. 56 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2004 |
| 104 407 | | | No. 57 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2004 |
| 104 408 | | | No. 58 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2004 |
| 124 968 | | | No. 59 | | | Amendment No.16 Firm Aircraft | | | *** | | | 2004 |
| 104 409 | | | No. 60 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2005 |
| 41 232 | | | No. 61 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2005 |
| 124 959 | | | No. 62 | | | Amendment No.16 Firm Aircraft | | | *** | | | 2005 |
| 104 410 | | | No. 63 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2005 |
| 104 411 | | | No. 64 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2005 |
| 41 233 | | | No. 65 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2005 |
| 104 412 | | | No. 66 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2005 |
| 124 960 | | | No. 67 | | | Amendment No.16 Firm Aircraft | | | *** | | | 2005 |
| 104 413 | | | No. 68 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2005 |
| 104 418 | | | No. 69 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2005 |
| 104 414 | | | No. 70 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2005 |
| 124 961 | | | No. 71 | | | Amendment No.16 Firm Aircraft | | | *** | | | 2005 |
| 104 416 | | | No. 72 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2005 |
| 104 417 | | | No. 73 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2005 |
| 124 962 | | | No. 74 | | | Amendment No.16 Firm Aircraft | | | *** | | | 2005 |
| 124 963 | | | No. 75 | | | Amendment No.16 Firm Aircraft | | | *** (*) | | | 2005 |
| 159 936 | | | No. 76 | | | Amendment No. 20 Firm Aircraft | | | *** | | | 2006 |
| 104 419 | | | No. 77 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2006 |
| 41 239 | | | No. 78 | | | Amendment No.16 Firm Aircraft5 | | | *** | | | 2006 |
| 41 240 | | | No. 79 | | | Amendment No.16 Firm Aircraft | | | *** | | | 2006 |
| 41 241 | | | No. 80 | | | Amendment No.16 Firm Aircraft | | | *** | | | 2006 |
| 104 421 | | | No. 81 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2006 |
| 41 242 | | | No. 82 | | | Amendment No.16 Firm Aircraft | | | *** | | | 2006 |
| 104 420 | | | No. 83 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2006 |
| 41 243 | | | No. 84 | | | Amendment No.16 Firm Aircraft | | | *** | | | 2006 |
| 104 422 | | | No. 85 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2006 |
| 41 244 | | | No. 86 | | | Amendment No.16 Firm Aircraft | | | *** | | | 2006 |
|
|
| |
| [***] | 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. |
| |
| (*) | The Seller agrees to use commercially reasonable efforts to deliver the aircraft on or before ***, 2005. |
4
| | | | | | | | | | | | |
| CAC Id No. | | | Rank No. | | | Aircraft | | | Delivery | | | |
| 69 719 | | | No. 87 | | | Amendment No.16 Firm Aircraft | | | *** | | | 2006 |
| 104 423 | | | No. 88 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2006 |
| 69 720 | | | No. 89 | | | Amendment No.16 Firm Aircraft | | | *** | | | 2006 |
| 69 721 | | | No. 90 | | | Amendment No.16 Firm Aircraft | | | *** | | | 2006 |
| 159 937 | | | No. 91 | | | Amendment No. 20 Firm Aircraft | | | *** | | | 2006 |
| 104 424 | | | No. 92 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2007 |
| 104 425 | | | No. 93 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2007 |
| 159 938 | | | No. 94 | | | Amendment No. 20 Firm Aircraft | | | *** | | | 2007 |
| 104 426 | | | No. 95 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2007 |
| 104 427 | | | No. 96 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2007 |
| 104 428 | | | No. 97 | | | Pre-Amendment No. 16 Aircraft | | | *** | | | 2007 |
| 69 722 | | | No. 98 | | | Amendment No.16 Firm Aircraft | | | *** | | | 2007 |
| 69 723 | | | No. 99 | | | Amendment No.16 Firm Aircraft | | | *** | | | 2007 |
| 69 724 | | | No. 100 | | | Amendment No.16 Firm Aircraft | | | *** | | | 2007 |
| 159 939 | | | No. 101 | | | Amendment No. 20 Firm Aircraft | | | *** | | | 2007 |
| 69 725 | | | No. 102 | | | Amendment No.16 Firm Aircraft | | | *** | | | 2007 |
| 96 459 | | | No. 103 | | | Amendment No.16 Firm Aircraft | | | *** | | | 2007 |
| 104 439 | | | No. 104 | | | Amendment No.16 Firm Aircraft | | | *** | | | 2007 |
| 104 440 | | | No. 105 | | | Amendment No.16 Firm Aircraft | | | *** | | | 2007 |
| 104 441 | | | No. 106 | | | Amendment No.16 Firm Aircraft | | | *** | | | 2007 |
| 104 442 | | | No. 107 | | | Amendment No.16 Firm Aircraft | | | *** | | | 2007 |
| 41 231 | | | No. 108 | | | Amendment No.16 Firm Aircraft | | | *** | | | 2007 |
| 159 896 | | | No. 109 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2008 |
| 159 897 | | | No. 110 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2008 |
| 159 898 | | | No. 111 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2008 |
| 159 899 | | | No. 112 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2008 |
| 159 900 | | | No. 113 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2008 |
| 159 901 | | | No. 114 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2008 |
| 159 902 | | | No. 115 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2008 |
| 159 903 | | | No. 116 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2008 |
| 159 904 | | | No. 117 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2008 |
| 159 905 | | | No. 118 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2008 |
| 159 906 | | | No. 119 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2008 |
| 159 907 | | | No. 120 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2008 |
| 159 908 | | | No. 121 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2008 |
| 159 940 | | | No. 122 | | | Amendment No. 20 Firm Aircraft | | | Year | | | 2008 |
| 159 941 | | | No. 123 | | | Amendment No. 20 Firm Aircraft | | | Year | | | 2008 |
| 159 942 | | | No. 124 | | | Amendment No. 20 Firm Aircraft | | | Year | | | 2008 |
| 159 943 | | | No. 125 | | | Amendment No. 20 Firm Aircraft | | | Year | | | 2008 |
|
|
| |
| [***] | 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. |
5
| | | | | | | | | | | | |
| CAC Id No. | | | Rank No. | | | Aircraft | | | Delivery | | | |
| 159 909 | | | No. 126 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2009 |
| 159 910 | | | No. 127 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2009 |
| 159 911 | | | No. 128 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2009 |
| 159 912 | | | No. 129 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2009 |
| 159 913 | | | No. 130 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2009 |
| 159 914 | | | No. 131 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2009 |
| 159 915 | | | No. 132 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2009 |
| 159 916 | | | No. 133 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2009 |
| 159 917 | | | No. 134 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2009 |
| 159 918 | | | No. 135 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2009 |
| 159 944 | | | No. 136 | | | Amendment No. 20 Firm Aircraft | | | Year | | | 2009 |
| 159 945 | | | No. 137 | | | Amendment No. 20 Firm Aircraft | | | Year | | | 2009 |
| 159 946 | | | No. 138 | | | Amendment No. 20 Firm Aircraft | | | Year | | | 2009 |
| 159 947 | | | No. 139 | | | Amendment No. 20 Firm Aircraft | | | Year | | | 2009 |
| 159 948 | | | No. 140 | | | Amendment No. 20 Firm Aircraft | | | Year | | | 2009 |
| 159 949 | | | No. 141 | | | Amendment No. 20 Firm Aircraft | | | Year | | | 2009 |
| 159 950 | | | No. 142 | | | Amendment No. 20 Firm Aircraft | | | Year | | | 2009 |
| 159 951 | | | No. 143 | | | Amendment No. 20 Firm Aircraft | | | Year | | | 2009 |
| 159 919 | | | No. 144 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2010 |
| 159 920 | | | No. 145 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2010 |
| 159 921 | | | No. 146 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2010 |
| 159 922 | | | No. 147 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2010 |
| 159 923 | | | No. 148 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2010 |
| 159 924 | | | No. 149 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2010 |
| 159 925 | | | No. 150 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2010 |
| 159 926 | | | No. 151 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2010 |
| 159 927 | | | No. 152 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2010 |
| 159 928 | | | No. 153 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2010 |
| 159 952 | | | No. 154 | | | Amendment No. 20 Firm Aircraft | | | Year | | | 2010 |
| 159 953 | | | No. 155 | | | Amendment No. 20 Firm Aircraft | | | Year | | | 2010 |
| 159 954 | | | No. 156 | | | Amendment No. 20 Firm Aircraft | | | Year | | | 2010 |
| 159 955 | | | No. 157 | | | Amendment No. 20 Firm Aircraft | | | Year | | | 2010 |
| 159 956 | | | No. 158 | | | Amendment No. 20 Firm Aircraft | | | Year | | | 2010 |
| 159 957 | | | No. 159 | | | Amendment No. 20 Firm Aircraft | | | Year | | | 2010 |
| 159 958 | | | No. 160 | | | Amendment No. 20 Firm Aircraft | | | Year | | | 2010 |
| 159 959 | | | No. 161 | | | Amendment No. 20 Firm Aircraft | | | Year | | | 2010 |
| 159 929 | | | No. 162 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2011 |
| 159 930 | | | No. 163 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2011 |
| 159 931 | | | No. 164 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2011 |
|
6
| | | | | | | | | | | | |
| CAC Id No. | | | Rank No. | | | Aircraft | | | Delivery | | | |
| 159 932 | | | No. 165 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2011 |
| 159 933 | | | No. 166 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2011 |
| 159 934 | | | No. 167 | | | Amendment No.16 Firm Aircraft | | | Year | | | 2011 |
| 159 960 | | | No. 168 | | | Amendment No. 20 Firm Aircraft | | | Year | | | 2011 |
| 159 961 | | | No. 169 | | | Amendment No. 20 Firm Aircraft | | | Year | | | 2011 |
| 159 962 | | | No. 170 | | | Amendment No. 20 Firm Aircraft | | | Year | | | 2011 |
| 159 963 | | | No. 171 | | | Amendment No. 20 Firm Aircraft | | | Year | | | 2011 |
| 159 964 | | | No. 172 | | | Amendment No. 20 Firm Aircraft | | | Year | | | 2011 |
| 159 965 | | | No. 173 | | | Amendment No. 20 Firm Aircraft | | | Year | | | 2011 |
| 180 953 | | | No. 174 | | | Amendment No. 20 Option | | | Year | | | 2008 |
| 180 954 | | | No. 175 | | | Amendment No. 20 Option | | | Year | | | 2008 |
| 180 955 | | | No. 176 | | | Amendment No. 20 Option | | | Year | | | 2009 |
| 180 956 | | | No. 177 | | | Amendment No. 20 Option | | | Year | | | 2009 |
| 180 957 | | | No. 178 | | | Amendment No. 20 Option | | | Year | | | 2010 |
| 180 958 | | | No. 179 | | | Amendment No. 20 Option | | | Year | | | 2010 |
| 159 966 | | | No. 180 | | | Amendment No.16 Option | | | Year | | | 2011 |
| 159 967 | | | No. 181 | | | Amendment No.16 Option | | | Year | | | 2011 |
| 159 968 | | | No. 182 | | | Amendment No.16 Option | | | Year | | | 2011 |
| 159 969 | | | No. 183 | | | Amendment No.16 Option | | | Year | | | 2011 |
| 159 970 | | | No. 184 | | | Amendment No.16 Option | | | Year | | | 2011 |
| 159 971 | | | No. 185 | | | Amendment No.16 Option | | | Year | | | 2011 |
| 159 972 | | | No. 186 | | | Amendment No.16 Option | | | Year | | | 2011 |
| 180 959 | | | No. 187 | | | Amendment No. 20 Option | | | Year | | | 2011 |
| 180 960 | | | No. 188 | | | Amendment No. 20 Option | | | Year | | | 2011 |
| 159 976 | | | No. 189 | | | Amendment No.16 Option | | | Year | | | 2012 |
| 159 977 | | | No. 190 | | | Amendment No.16 Option | | | Year | | | 2012 |
| 159 978 | | | No. 191 | | | Amendment No.16 Option | | | Year | | | 2012 |
| 159 979 | | | No. 192 | | | Amendment No.16 Option | | | Year | | | 2012 |
| 159 980 | | | No. 193 | | | Amendment No.16 Option | | | Year | | | 2012 |
| 159 981 | | | No. 194 | | | Amendment No.16 Option | | | Year | | | 2012 |
| 159 982 | | | No. 195 | | | Amendment No.16 Option | | | Year | | | 2012 |
| 159 983 | | | No. 196 | | | Amendment No.16 Option | | | Year | | | 2012 |
| 159 984 | | | No. 197 | | | Amendment No.16 Option | | | Year | | | 2012 |
| 159 985 | | | No. 198 | | | Amendment No.16 Option | | | Year | | | 2012 |
| 159 986 | | | No. 199 | | | Amendment No.16 Option | | | Year | | | 2012 |
| 159 987 | | | No. 200 | | | Amendment No.16 Option | | | Year | | | 2012 |
|
7
| | | | | | | | | | | | |
| CAC Id No. | | | Rank No. | | | Aircraft | | | Delivery | | | |
| 159 988 | | | No. 201 | | | Amendment No.16 Option | | | Year | | | 2012 |
| 180 961 | | | No. 202 | | | Amendment No. 20 Option | | | Year | | | 2012 |
| 180 962 | | | No. 203 | | | Amendment No. 20 Option | | | Year | | | 2012 |
| 180 963 | | | No. 204 | | | Amendment No. 20 Option | | | Year | | | 2012 |
| 180 964 | | | No. 205 | | | Amendment No. 20 Option | | | Year | | | 2012 |
| 180 965 | | | No. 206 | | | Amendment No. 20 Option | | | Year | | | 2012 |
| 180 966 | | | No. 207 | | | Amendment No. 20 Option | | | Year | | | 2012 |
| 180 967 | | | No. 208 | | | Amendment No. 20 Option | | | Year | | | 2012 |
| 180 968 | | | No. 209 | | | Amendment No. 20 Option | | | Year | | | 2013 |
| 180 969 | | | No. 210 | | | Amendment No. 20 Option | | | Year | | | 2013 |
| 180 970 | | | No. 211 | | | Amendment No .20 Option | | | Year | | | 2013 |
| 180 971 | | | No. 212 | | | Amendment No. 20 Option | | | Year | | | 2013 |
| 180 972 | | | No. 213 | | | Amendment No. 20 Option | | | Year | | | 2013 |
| 180 973 | | | No. 214 | | | Amendment No. 20 Option | | | Year | | | 2013 |
| 180 974 | | | No. 215 | | | Amendment No. 20 Option | | | Year | | | 2013 |
| 180 975 | | | No. 216 | | | Amendment No. 20 Option | | | Year | | | 2013 |
| 180 976 | | | No. 217 | | | Amendment No. 20 Option | | | Year | | | 2013 |
| 180 977 | | | No. 218 | | | Amendment No. 20 Option | | | Year | | | 2013 |
| 180 978 | | | No. 219 | | | Amendment No. 20 Option | | | Year | | | 2013 |
| 180 979 | | | No. 220 | | | Amendment No. 20 Option | | | Year | | | 2013 |
| 180 980 | | | No. 221 | | | Amendment No. 20 Option | | | Year | | | 2013 |
| 180 981 | | | No. 222 | | | Amendment No. 20 Option | | | Year | | | 2013 |
| 180 982 | | | No. 223 | | | Amendment No. 20 Option | | | Year | | | 2013 |
|
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| UNQUOTE | |
2. EFFECT OF THE AMENDMENT
The Agreement will be deemed amended to the extent herein provided, and, except as specifically amended hereby, will continue in full force and effect in accordance with its original terms. This Amendment supersedes any previous understandings, commitments, or representations whatsoever, whether oral or written, related to the subject matter of this Amendment.
Both parties agree that this Amendment will constitute an integral, nonseverable part of the Agreement and be governed by its provisions, except that if the Agreement and this Amendment have specific provisions that are inconsistent, the specific provisions contained in this Amendment will govern.
This Amendment will become effective upon execution hereof.
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| 3. | CONFIDENTIALITY |
This Amendment is subject to the confidentiality provisions set forth in Clause 22.5 of the Agreement.
| |
| 4. | ASSIGNMENT |
Notwithstanding any other provision of this Amendment or of the Agreement, this Amendment will not be assigned or transferred in any manner without the prior written consent of the Seller, and any attempted assignment or transfer in contravention of the provisions of this Paragraph 4 will be void and of no force or effect.
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| 5. | COUNTERPARTS |
This Amendment may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their respective officers or agents on the dates written below.
| AVSA, S.A.R.L. |
| By: /s/ Marie-Pierre Merle Beral |
| Its: Chief Executive Officer |
| Date: February 27, 2006 |
JETBLUE AIRWAYS CORPORATION
By: /s/ Thomas A. Anderson
Its: Senior Vice President
Date: February 27, 2006
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