Exhibit 10.43
Executed Version
Certain identified information marked with “[***]” has been omitted from this document because it is both (i) not material and (ii) the type that the registrant treats as private or confidential.
AMENDMENT No. 7 TO LETTER AGREEMENT COM0270-15
This Amendment No. 7 COM0459-21 (the "Amendment No. 7") dated as of December 03, 2021 is between Embraer S.A. ("Embraer") a corporation existing under the laws of Brazil, with its principal place of business at Avenida Brigadeiro Faria Lima, 2170, prédio F-100, Putim, in the city of São José dos Campos, State of São Paulo, Brazil, YABORÃ INDÚSTRIA AERONÁUTICA S.A. ("Embraer Commercial"), a corporation existing under the laws of Brazil, with its principal place of business at Avenida Brigadeiro Faria Lima, 2170, in the City of São José dos Campos, State of São Paulo, Brazil (the assignee of Embraer S.A.) and Aircastle Holding Corporation Limited (“Buyer”) collectively referred to herein as the “Parties”, and constitutes an amendment and modification to Letter Agreement COM0271-15 dated June 12th, 2015 as amended from time to time (the "Letter Agreement").
Embraer and Embraer Commercial are referred collectively as “Seller”.
All capitalized terms not otherwise defined herein shall have the same meaning when used herein as provided in the Letter Agreement and in case of any conflict between this Amendment No. 7 and the Letter Agreement, this Amendment No. 7 shall control.
WHEREAS, [***].
NOW, THEREFORE, for good and valuable consideration, which is hereby acknowledged by the Parties, Embraer and Buyer agree as follows:
1. [***].
2. REINSTATEMENT OF LETTER AGREEMENT
All other provisions and conditions of the referenced Letter Agreement, as well as its related Attachments, which are not specifically modified by this Amendment No. 7 shall remain in full force and effect without any change.
3. COUNTERPARTS
This Amendment No. 7 may be signed by the Parties hereto in any number of separate 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.
This Amendment No. 7 may be signed by facsimile or email electronic signature with originals duly signed to follow by an internationally recognized courier.
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Exhibit 10.43
Executed Version
IN WITNESS WHEREOF, Seller and Buyer, by their duly authorized officers, have entered into and executed this Amendment No. 7 to be effective as of the date first written above.
| EMBRAER S.A. | AIRCASTLE HOLDING CORPORATION LIMITED | |||||||
By /s/ Marcelo Santiago Name: Marcelo Santiago Title: Vice President Contracts & Asset Management | By /s/ Stephen Quinn Name: Stephen Quinn Title: Director | |||||||
By /s/ Marc Thomas Alhgrimm Name: Marc Thomas Alhgrimm Title: Director, Contracts Administration | ||||||||
| Place: SJC, SP, Brazil | Place: USA | |||||||
YABORÃ INDÚSTRIA
AERONÁUTICA S.A.
By: /s/ Marcelo Santiago
Name: Marcelo Santiago
Title: Vice President Contracts &
Asset Management
By: /s/ Marc Thomas Alhgrimm
Name: Marc Thomas Alhgrimm
Title: Director, Contracts Administration
Place: SJC, SP, Brazil