Attached files
file | filename |
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10-K - FORM 10-K - US AIRWAYS GROUP INC | p16852e10vk.htm |
EX-32.1 - EX-32.1 - US AIRWAYS GROUP INC | p16852exv32w1.htm |
EX-31.3 - EX-31.3 - US AIRWAYS GROUP INC | p16852exv31w3.htm |
EX-31.1 - EX-31.1 - US AIRWAYS GROUP INC | p16852exv31w1.htm |
EX-31.2 - EX-31.2 - US AIRWAYS GROUP INC | p16852exv31w2.htm |
EX-21.1 - EX-21.1 - US AIRWAYS GROUP INC | p16852exv21w1.htm |
EX-31.4 - EX-31.4 - US AIRWAYS GROUP INC | p16852exv31w4.htm |
EX-32.2 - EX-32.2 - US AIRWAYS GROUP INC | p16852exv32w2.htm |
EX-23.1 - EX-23.1 - US AIRWAYS GROUP INC | p16852exv23w1.htm |
EX-10.95 - EX-10.95 - US AIRWAYS GROUP INC | p16852exv10w95.htm |
EX-10.94 - EX-10.94 - US AIRWAYS GROUP INC | p16852exv10w94.htm |
EX-10.81 - EX-10.81 - US AIRWAYS GROUP INC | p16852exv10w81.htm |
EX-10.93 - EX-10.93 - US AIRWAYS GROUP INC | p16852exv10w93.htm |
EX-10.96 - EX-10.96 - US AIRWAYS GROUP INC | p16852exv10w96.htm |
Exhibit 10.97
Confidential Treatment Requested
SECOND AMENDED AND RESTATED
LETTER AGREEMENT NO. 5
TO AMENDED AND RESTATED AIRBUS A350 XWB PURCHASE AGREEMENT
Dated as of October 2, 2007
LETTER AGREEMENT NO. 5
TO AMENDED AND RESTATED AIRBUS A350 XWB PURCHASE AGREEMENT
Dated as of October 2, 2007
As of November 20, 2009
US Airways, Inc.
111 West Rio Salado Parkway
Tempe, Arizona 85281
111 West Rio Salado Parkway
Tempe, Arizona 85281
Re: *****
Ladies and Gentlemen,
US Airways, Inc. (the Buyer) and Airbus S.A.S. (the Seller) have entered into
an Amended and Restated A350 XWB Purchase Agreement dated as of October 2, 2007, as amended by
Amendment No. 1 dated as of October 20, 2008, Amendment No. 2 dated as of January 16, 2009,
Amendment No. 3 dated July 23, 2009 and Amendment No. 4 dated as of even date herewith, (the
Agreement) which covers, among other things, the sale by the Seller and the purchase by
the Buyer of certain Aircraft, under the terms and conditions set forth in said Agreement. The
Buyer and the Seller have agreed to set forth in this Second Amended and Restated Letter Agreement
No. 5 (the Letter Agreement) certain additional terms and conditions regarding the sale
of the Aircraft.
Capitalized terms used herein and not otherwise defined in this Letter Agreement will have the
meanings assigned thereto in the Agreement. The terms herein, hereof and hereunder and words
of similar import refer to this Letter Agreement.
The parties agree that this Letter Agreement will constitute an integral, nonseverable part of said
Agreement, that the provisions of said Agreement are hereby incorporated herein by reference, and
that this Letter Agreement will be governed by the provisions of said Agreement, except that if the
Agreement and this Letter Agreement have specific provisions that are inconsistent, the specific
provisions contained in this Letter Agreement will govern.
***** | Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. |
USA Second Amended and Restated Letter Agreement No. 5 to
Amended and Restated Airbus A350 XWB Purchase Agreement
Amended and Restated Airbus A350 XWB Purchase Agreement
CT0803167-LA5-USA-A350 | PRIVILEGED AND CONFIDENTIAL |
LA 5 - 1 of 7
Confidential Treatment Requested
1. | ***** | |
2. | ***** | |
3. | ASSIGNMENT | |
Except as set forth in Clause 20.2 of the Agreement, this Letter Agreement and the rights and obligations of the Buyer hereunder 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 Letter Agreement will be void and of no force or effect. | ||
4. | COUNTERPARTS | |
This Letter Agreement may be signed in any number of separate counterparts. Each counterpart, when signed and delivered (including counterparts delivered by facsimile transmission), will be an original, and the counterparts will together constitute one and the same instrument. |
***** | Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. |
USA Second Amended and Restated Letter Agreement No. 5 to
Amended and Restated Airbus A350 XWB Purchase Agreement
Amended and Restated Airbus A350 XWB Purchase Agreement
CT0803167-LA5-USA-A350 | PRIVILEGED AND CONFIDENTIAL |
LA 5 - 2 of 7
Confidential Treatment Requested
If the foregoing correctly sets forth your understanding, please sign two (2) counterparts hereof
in the space provided below and return one (1) such counterpart to the Seller.
US AIRWAYS, INC. | AIRBUS S.A.S. | |||||||
By: Name: |
/s/ Thomas T. Weir
|
By: Name: |
/s/ Christophe Mourey
|
|||||
Title:
|
Vice President and Treasurer | Title: | Senior Vice President Contracts |
***** | Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. |