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Amendment No. 4 to the Amended and Restated Airbus A320 Family Aircraft Purchase Agreement

Purchase and Sale Agreement

Amendment No. 4 

to the 

Amended and Restated Airbus A320 Family Aircraft Purchase Agreement | Document Parties: US AIRWAYS GROUP INC | Airbus SAS and US Airways, Inc You are currently viewing:
This Purchase and Sale Agreement involves

US AIRWAYS GROUP INC | Airbus SAS and US Airways, Inc

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Title: Amendment No. 4 to the Amended and Restated Airbus A320 Family Aircraft Purchase Agreement
Governing Law: Delaware     Date: 10/22/2009

Amendment No. 4 

to the 

Amended and Restated Airbus A320 Family Aircraft Purchase Agreement, Parties: us airways group inc , airbus sas and us airways  inc
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Exhibit 10.1

Confidential Treatment Requested

Amendment No. 4

to the

Amended and Restated Airbus A320 Family Aircraft Purchase Agreement

dated as of October 2, 2007

between

AIRBUS S.A.S.

and

US AIRWAYS, INC.

This Amendment No. 4 to the Amended and Restated Airbus A320 Family Aircraft Purchase Agreement between Airbus S.A.S. and US Airways, Inc. (the “ Amendment ”) is entered into as of August 11, 2009, by and between Airbus S.A.S., a société par actions simplifiée, organized and existing under the laws of the Republic of France, having its registered office located at 1, rond-point Maurice Bellonte, 31700 Blagnac, France (the “ Seller ”), and US Airways, Inc., a corporation organized and existing under the laws of the State of Delaware, United States of America, having its principal corporate offices located at 111 West Rio Salado Parkway, Tempe, Arizona 85281, U.S.A.(the “ Buyer ”);

WITNESSETH:

WHEREAS, the Buyer and the Seller have entered into an Amended and Restated Airbus A320 Family Purchase Agreement, dated as of October 2, 2007, which agreements, as previously amended by and supplemented with all Exhibits Appendices Letter Agreements and amendments, including Amendment No. 1 dated as of January 11, 2008 Amendment No. 2 dated as of October 20, 2008 and Amendment No. 3 dated as of January 16, 2009 (the “ Agreement ”) relates to the sale by the Seller and the purchase by the Buyer of certain Airbus single-aisle aircraft;

WHEREAS the Buyer and the Seller agree and acknowledge the cancellation of the fifteen (15) A318 Aircraft which were cancelled as of February 1, 2009; and

WHEREAS, the Buyer wishes to exercise its conversion rights with respect to one (1) New A319 Aircraft scheduled for delivery *****.

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. DEFINITIONS

Capitalized terms used herein and not otherwise defined in this Amendment will have the meanings assigned to them in the Agreement. The terms “herein,” “hereof,” and “hereunder” and words of similar import refer to this Amendment.

 

 

 

 

*****

 

Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission.

 

 


 

Confidential Treatment Requested

2 . CANCELLATION

The Buyer and the Seller hereby confirm that the fifteen (15) A318 Aircraft are cancelled pursuant to the terms of Letter Agreement No. 3 to the Agreement.

3. CONVERSION

Pursuant to the terms of Letter Agreement No. 3 to the Agreement, the Buyer hereby irrevocably exercises its right to convert one (1) New A319 Aircraft to one (1) Converted New A320 Aircraft as follows:

3.1

 

One (1) New A319 Aircraft with ***** is converted to one (1) Converted New A320 Aircraft with *****.

3.2

 

Exhibit B to Amendment No. 1 to the Agreement is deleted in its entirety and replaced with Exhibit B attached to this Amendment summarizing conversions as of the date hereof.

4. DELIVERY SCHEDULE

The delivery schedule table set forth in Clause 9.1.1 of the Agreement is deleted in its entirety and replaced with the delivery schedule table below between the QUOTE and the UNQUOTE:

QUOTE

 

 

 

 

 

 

 

 

 

 

 

 

 

Rank

 

*****

 

Aircraft

 

*****

 

*****

 

Year

 

1

 

*****

 

Original A321 Aircraft

 

*****

 

*****

 

 

2008

 

2

 

*****

 

Original A321 Aircraft

 

*****

 

*****

 

 

2008

 

3

 

*****

 

Original A321 Aircraft

 

*****

 

*****

 

 

2008

 

4

 

*****

 

Original A321 Aircraft

 

*****

 

*****

 

 

2008

 

5

 

*****

 

Original A321 Aircraft

 

*****

 

*****

 

 

2008

 

6

 

*****

 

Original A321 Aircraft

 

*****

 

*****

 

 

2009

 

7

 

*****

 

Original A321 Aircraft

 

*****

 

*****

 

 

2009

 

8

 

*****

 

Original A321 Aircraft

 

*****

 

*****

 

 

2009

 

9

 

*****

 

Original A321 Aircraft

 

*****

 

*****

 

 

2009

 

10

 

*****

 

Original A321 Aircraft

 

*****

 

*****

 

 

2009

 

11

 

*****

 

Original A321 Aircraft

 

*****

 

*****

 

 

2009

 

12

 

*****

 

Original A321 Aircraft

 

*****

 

*****

 

 

2009

 

13

 

*****

 

Original A321 Aircraft

 

*****

 

*****

 

 

2009

 

14

 

*****

 

Converted Original A321 Aircraft

 

*****

 

*****

 

 

2009

 

15

 

*****

 

Original A321 Aircraft

 

*****

 

*****

 

 

2009

 

16

 

*****

 

Converted Original A321 Aircraft

 

*****

 

*****

 

 

2009

 

17

 

*****

 

Converted Original A321 Aircraft

 

*****

 

*****

 

 

2009

 

18

 

*****

 

Converted Original A321 Aircraft

 

*****

 

*****

 

 

2009

 

19

 

*****

 

Original A321 Aircraft

 

*****

 

*****

 

 

2009

 

20

 

*****

 

Converted Original A321 Aircraft

 

*****

 

*****

 

 

2009

 

21

 

*****

 

Converted Original A320 Aircraft

 

*****

 

*****

 

 

2009

 

22

 

*****

 

Converted Original A321 Aircraft

 

*****

 

*****

 

 

2009

 

 

 

 

 

*****

 

Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission.

 

 


 

Confidential Treatment Requested

 

 

 

 

 

 

 

 

 

 

 

 

 

Rank

 

*****

 

Aircraft

 

*****

 

*****

 

Year

 

23

 

*****

 

Converted Original A321 Aircraft

 

*****

 

*****

 

 

2009

 

24

 

*****

 

Converted Original A320 Aircraft

 

*****

 

*****

 

 

2009

 

25

 

*****

 

Converted Original A321 Aircraft

 

*****

 

*****

 

 

20


 
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