EXHIBIT 10.62(c)
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.
EXECUTION VERSION
AMENDMENT NO. 1 TO AIRLINE
SERVICES AGREEMENT
This Amendment No. 1, dated as
of May 15, 2009 (this “ Amendment
”), to the Airline Services Agreement dated as of
September 3, 2008 (the “ Agreement
”) is among Midwest Airlines, Inc. (“
Midwest ”), Republic Airline, Inc.
(“ RAI ”), Midwest Air Group, Inc.
(“ Midwest Holdings ”) and Republic
Airways Holdings Inc. (“ RAI Holdings
”).
WHEREAS, Midwest, RAI, Midwest
Holdings and RAI Holdings are parties to the Agreement;
and
WHEREAS, the parties desire to amend
the Agreement to include two Embraer EMB 190 aircraft as Covered
Aircraft to be operated by RAI pursuant to the terms of the
Agreement;
NOW, THEREFORE, for and in
consideration of the mutual undertakings set forth herein and other
good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Midwest, RAI, Midwest Holdings and
RAI Holdings hereby agree as follows:
1.
Defined Terms
. All capitalized terms used
herein shall have the meanings given to such terms in the
Agreement.
2.
Amendments
.
The Agreement is hereby amended as
follows:
(a)
Section 10.18 is amended by
(i) adding the letter “(a)”, immediately before
first sentence thereof and adding the following paragraph
(b) at the end of such section:
“(b)
In addition to any amounts payable
by Midwest pursuant to paragraph (a) hereof (but without
limiting any express obligations of RAI thereunder), any payments
made or costs incurred by RAI during the term of this Agreement for
or on account of any LLPs for any Covered Aircraft shall be for the
account of Midwest and payable as a pass through cost pursuant to
Section 3.01.”
(b)
Exhibit A is hereby amended by
adding each of the following definitions in the appropriate
alphabetical location:
““ E190 Aircraft
” means each Embraer model EMB190 Aircraft that is a Covered
Aircraft.”
