Exhibit 10.1
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°6
TO
CONTRACT N°
GINC-C-06-0300
By and Between
GLOBALSTAR, INC.
and
THALES ALENIA SPACE
FRANCE
This Amendment N°6 dated
5 th February, 2009 (the “Amendment
Effective Date”) to the Contract 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 has paid to the
Contractor an amount of Five Million Euros (€5,000,000)
(corresponding to a portion of the payment milestone N° 8b
invoiced by Contractor on December 3 rd , 2008
the (“December Payment”) ; and
Whereas, the Purchaser has paid the balance of
the December Payment to the Contractor in an amount of Six
Million Forty Thousand Euros (€6,040,000) on
January 5 th
, 2009 ; and
Whereas, the Purchaser has deposited into the
Escrow Account a portion of the Escrow Draw Amount for an amount of
Five Million Euros (€5,000,000) on January 15
th , 2009 ; and
Whereas, the Parties recognize the progress made
by Purchaser towards completion of an Export Credit Facility for
the purpose of financing a portion of this Contract, which loan is
backed by COFACE ; and
Whereas, the Parties acknowledge that certain
actions were not completed by the Purchaser in meeting the
conditions in Article A (iv) of Amendment 5 ;
and
Whereas, as a result, the Parties wish to modify
the conditions referred to in Article A (iv) and
(v) of Amendment 5 ; and
Whereas, the Parties further wish to adjust the
work plan and delivery schedule to synchronize all activities and
funding in conjunction with to the Export Credit Facility,
including the purchase of long lead parts, the possible advancement
of six (6) Spacecraft and, subject to the implementation of
Early Delivery Scenario 3 and Scenario 4 with the objective to aim
at the currently scheduled launch period for the first firm launch
between September 23, 2009 and December 21,
2009.
NOW, THEREFORE, in consideration of the mutual
covenants and agreements herein contained, and intending to be
legally bound hereby, the Parties hereby modify the Contract as set
forth herein:
1
A.
CHANGE NOTICE BY
PURCHASER
Pursuant to Article 19
(B) of the Contract, Purchaser hereby gives notice to
Contractor to immediately implement a production schedule
adjustment to include re-prioritization and re-schedule of the Work
being performed, including work shift assignments and ordering
activities by Contractor and it
