Frontier Airlines 2006 Annual Report Download - page 130

EXHIBIT 10.39(q)
CONFIDENTIAL TREATMENT
REQUESTED PURSUANT TO RULE 24b-2
Certain portions of this exhibit have been omitted pursuant to a request for confidential treatment under Rule 24b-2 of the
Securities Exchange Act of 1934. The omitted materials have been filed separately with the Securities and Exchange
Commission.
CONFIDENTIAL
AMENDMENT No. 17 TO PURCHASE AGREEMENT DCT-014/2004
This Amendment No. 17 to Purchase Agreement DCT-014/2004, dated as of November 14, 2006 (“Amendment No. 17”) relates to
the Purchase Agreement DCT-014/2004 (the “Purchase Agreement”) between Embraer - Empresa Brasileira de Aeronáutica S.A.
(“Embraer”) and Republic Airline Inc. (“Buyer”) dated March 19, 2004 as amended from time to time (collectively referred to herein
as “Agreement”). This Amendment No. 17 is between Embraer and Buyer, collectively referred to herein as the “Parties”.
This Amendment No. 17 sets forth additional agreements between Embraer and Buyer relative to Buyer’s purchase of additional eight
(8) EMBRAER 175 model aircraft and to the addition of four (4) Option Aircraft.
Except as otherwise provided for herein all terms of the Purchase Agreement shall remain in full force and effect. All capitalized terms
used in this Amendment No. 17, which are not defined herein, shall have the meaning given in the Purchase Agreement. In the event
of any conflict between this Amendment No. 17 and the Purchase Agreement the terms, conditions and provisions of this Amendment
No. 17 shall control.
WHEREAS,
In connection with the Parties’ agreement above mentioned, the Parties have now agreed to amend the Purchase Agreement as
provided for below:
NOW, THEREFORE, for good and valuable consideration which is hereby acknowledged Embraer and Buyer hereby agree as
follows:
1. Subject: Article 2 of the Purchase Agreement is hereby deleted and replaced as follows:
“Subject to the terms and conditions of this Agreement:
2.1 Embraer shall sell and deliver and Buyer shall purchase and take delivery of forty-eight (48) EMBRAER 170 Aircraft and
thirty-eight (38) EMBRAER 175 Aircraft (as identified in Article 5.1 of this Agreement);
2.3 Embraer shall provide to Buyer the Services and the Technical Publications; and
2.4 Buyer shall have the option to purchase up to seventy-nine (79) Option EMBRAER 170 Aircraft, in accordance with Article
23.”
2. Payment:
2.1 A new sentence is hereby added to the end of the the first paragraph of Article 4.1 as follows:
“Buyer has already paid to Embraer prior to the execution of Amendment No. 17 to this Agreement a *** deposit (the “*** Deposit”) per Firm
Aircraft on order prior thereto, and *** and ***.”
2.1 The penultimate sentence of the last paragraph of Article 4.1 is hereby deleted and replaced as follows:
Source: REPUBLIC AIRWAYS HOLDINGS INC, 10-K, March 15, 2007 Powered by Morningstar® Document Research℠