Attached files
| file | filename |
|---|---|
| 10-K - Globalstar, Inc. | v176991_10k.htm |
| EX-2.2 - Globalstar, Inc. | v176991_ex2-2.htm |
| EX-23.1 - Globalstar, Inc. | v176991_ex23-1.htm |
| EX-31.1 - Globalstar, Inc. | v176991_ex31-1.htm |
| EX-31.2 - Globalstar, Inc. | v176991_ex31-2.htm |
| EX-12.1 - Globalstar, Inc. | v176991_ex12-1.htm |
| EX-21.1 - Globalstar, Inc. | v176991_ex21-1.htm |
| EX-32.1 - Globalstar, Inc. | v176991_ex32-1.htm |
| EX-10.28 - Globalstar, Inc. | v176991_ex10-28.htm |
| EX-10.10 - Globalstar, Inc. | v176991_ex10-10.htm |
Exhibit
10.11
CONFIDENTIAL
TREATMENT
Portions
of this exhibit have been omitted pursuant to a request for confidential
treatment filed with the Securities and Exchange Commission pursuant to Rule
24b-2 under the Securities Exchange Act of 1934. Such portions are
marked “[*]” in this document; they have been filed separately with the
Commission.
|
Amendment
N°2
TO
AMENDED
AND RESTATED
CONTRACT
N° GINC-C-06-0300
By
and Between
GLOBALSTAR,
INC.
and
THALES
ALENIA SPACE FRANCE
|
|
Amendment n°2 to the CONTRACT GINC-C-06- 0300 between Globalstar, Inc.
|
and Thales Alenia Space France
|
This
Amendment N°2 to the Amended & Restated Contract signed on June 3, 2009,
referenced GINC-C-06-0300 is made between Thales Alenia Space France, a
Company organised and existing under the laws of France, having its registered
office at 26 avenue Jean François Champollion 31100 Toulouse – FRANCE
(“Contractor”) and Globalstar,
Inc., a Delaware corporation with offices at 461 South Milpitas Blvd.,
Milpitas, California 95035, U.S.A. (“Purchaser”).
The
Purchaser and the Contractor being hereinafter individually referred to as a
“Party” or collectively as the “Parties”.
Recitals
Whereas, the Purchaser and
the Contractor signed an Amended and Restated Contract on June 3, 2009, for the
procurement of forty eight (48) satellites and other Deliverable Items and
related services for the Construction of the Globalstar Satellites for the
Second Generation Constellation ; and
Whereas, pursuant to the
provisions of Article 32 of the Contract, the Purchaser and the Contractor have
agreed to sign an Amendment N° 1 to the Amended and Restated Contract on January
18, 2010 for the purpose of postponing certain dates including shifting the
contractual PSR dates according to the effective date of the first draw down
under the Export Credit Facility which occurred on July 1st 2009
instead of June 5th 2009,
as initially foreseen; and
Whereas, following an
earthquake in Italy on April 2009 affecting Contractor’s Facilities in l’Aquila
(the “Event”), the Parties have assessed, as of the date of this Amendment N° 2,
the impact of the Event on the Delivery Schedule taking into account the
corresponding Excusable Delays ; and
Whereas, pursuant to Article
7, the Parties have agreed to modify the contractual Payment Plan in
order to reflect in it the current estimation of the impact of the Event on the
Delivery Schedule ; and
Whereas, the Parties hereby
agree to modify certain provisions of the Amended and Restated Contract and its
Exhibits in order to reflect the impacts of the Event on the Delivery Schedule
and on the Payment Plan.
THEREFORE,
THE PARTIES AGREE TO THE FOLLOWING :
Page
1
|
Amendment n°2 to the CONTRACT GINC-C-06- 0300 between Globalstar, Inc.
|
and Thales Alenia Space France
|
The
following provisions of the Amended and Restated Contract are replaced or
amended as follows:
|
1.1
|
Article
1. Definitions.
|
The
following definition is added to the Contract:
|
-
|
“Event”
shall mean the earthquake that occurred in Italy on April 2009 affecting
Contractor’s Facilities in
l’Aquila.
|
|
1.2
|
Article
18. Liquidated Damages for Late
Delivery / Early Delivery
Incentives.
|
Paragraph
18.1 (B) is replaced by the following:
(B) The
Required Delivery Dates for Spacecraft under this Contract before the Event are
set forth below by the following spacecraft groups :
|
TABLE
1
|
||
|
GROUPS
|
Date
of PSR
(Regular)
|
|
|
TOTAL:
7
Satellites
(FM
2,3,4,5,6,7,8)
|
April
22, 2010
|
|
|
TOTAL:
13
Satellites
(FM
9,10,11,12,13,14)
|
June
7, 2010
|
|
|
TOTAL:19
Satellites
(FM
15,16,17,18,19,20)
|
July
19, 2010
|
|
|
TOTAL:
24
Satellites
(FM
21,22,23,24,25)
|
August
23, 2010
|
|
|
TOTAL:
31
Satellites
(FM
26,27,28,29,30,31,32)
|
May
25, 2012
|
|
|
TOTAL:
37
Satellites
(FM
33,34,35,36,37,38)
|
Nov
21, 2012
|
|
|
TOTAL:
43
Satellites
(FM
39,40,41,42,43,44)
|
May
20, 2013
|
|
|
TOTAL:
48
Satellites
(FM
45,46,47,48,PFM1)
|
Sept
17,
2013
|
|
The
Required Delivery Dates for Spacecraft under this Contract adjusted as a result
of the Event are set forth below by the following spacecraft groups
:
|
TABLE
2
|
||
|
GROUPS
|
Date
of PSR
(Regular)
|
|
|
TOTAL:
7
Satellites
(FM
2,3,4,5,6,7,8)
|
Sept
24, 2010
|
|
|
TOTAL:
13
Satellites
(FM
9,10,11,12,13,14)
|
Dec
15, 2010
|
|
|
TOTAL:19
Satellites
(FM
15,16,17,18,19,20)
|
Feb
21, 2011
|
|
|
TOTAL:
24
Satellites
(FM
21,22,23,24,25)
|
April
06, 2011
|
|
|
TOTAL:
31
Satellites
(FM
26,27,28,29,30,31,32)
|
May
25, 2012
|
|
|
TOTAL:
37
Satellites
(FM
33,34,35,36,37,38)
|
Nov
21, 2012
|
|
|
TOTAL:
43
Satellites
(FM
39,40,41,42,43,44)
|
May
20, 2013
|
|
|
TOTAL:
48
Satellites
(FM
45,46,47,48,PFM1)
|
Sept
17,
2013
|
|
Page
2
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Amendment n°2 to the CONTRACT GINC-C-06- 0300 between Globalstar, Inc.
|
and Thales Alenia Space France
|
The
adjusted delivery dates in the Table 2 assume the timely and effective
completion of the relocated new hybrids manufacturing facility on or before
December 1, 2009.
For the
avoidance of doubt, the Satellite grouping specified in the above Table 1 and
Table 2 shall be independent of FM numbers.
|
1.3
|
Exhibit
F is replaced by the new Exhibit F as attached to this Amendment N°
2.
|
1.4 All
of the terms, covenants and conditions of the Contract as may already have been
amended shall remain in full force and effect except to the extent the same have
been expressly amended or modified by the terms of this Amendment
N°2.
1.5 All
capitalized terms not otherwise defined in this Amendment N°2 shall have the
meanings for such terms as set forth in the Contract.
Execution
In witness whereof, the
Parties have duly executed this Contract Amendment.
|
Globalstar,
Inc.
|
Thales
Alenia Space France
|
||||
|
By:
|
/s/ Paul Rosati
|
By:
|
/s/ Grave
Emmanuel
|
||
|
Name:
|
Paul
Rosati
|
Name:
|
Grave
Emmanuel
|
||
|
Title:
|
Contracts
Manager
|
Title:
|
Executive
Vice President Telecommunications
|
||
|
Date:
|
15
January 2010
|
Date:
|
18
January 2010
|
||
Page
3
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Amendment n°2 to the CONTRACT GINC-C-06- 0300 between Globalstar, Inc.
|
and Thales Alenia Space France
|
EXHIBIT
F
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