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Option Agreement > Subject: Article 2.3 of the Purchase Agreement is hereby deleted and replaced as follows:
"2.3 Buyer shall have the option to purchase up to [*] Option EMBRAER 170 Aircraft, in accordance with Article 23."
2.
Option Aircraft:
2.1
Buyer [*] on [*]. Embraer has [*] pursuant to [*].
2
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EXHIBIT 10.39(W)
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CONFIDENTIAL
TREATMENT
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REQUESTED PURSUANT TO RULE
24b-2
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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.
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CONFIDENTIAL
AMENDMENT No. 23 TO PURCHASE
AGREEMENT DCT-014/2004
This Amendment
No. 23 to Purchase Agreement DCT-014/2004, dated as of
November 10, 2008 (“Amendment No. 23”)
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. 23 is between Embraer
and Buyer, collectively referred to herein as the
“Parties”.
This Amendment
No. 23 sets forth additional agreements between Embraer and
Buyer [*] 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. 23, which are not defined herein shall have
the meaning given in the Purchase Agreement. In the event of any
conflict between this Amendment
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