printer-friendly

Sample Business Contracts

V2500 General Terms of Sale Agreement [Side Letter No. 4] - IAE International Aero Engines AG and JetBlue Airways Corp.

Sponsored Links


INTERNATIONAL
AERO ENGINES
[LETTERHEAD]



October 2, 2000

Mr. Tom Anderson
JetBlue Airways Corporation
19 Old Kings Highway South, Suite 23
Darien, Connecticut 06820

Subject:   Revision of the JetBlue Aircraft delivery schedule

Tom:

Per our discussion, this letter serves as notice that IAE supports JetBlue's
agreement with Airbus to move the previously firm scheduled December 2001 V2500
A5 powered A320 Aircraft delivery to August 2001 as shown in the attached
revised delivery schedule.

In addition JetBlue acknowledges and agrees to the change in delivery schedule
reflected herein by signing and returning a copy of this letter to the
undersigned.

All other provisions of the Contract remain in full force and effect.

Very truly yours,
IAE International Aero Engines AG


/s/ Robert Zimmerman
----------------------------------
Robert Zimmerman
Regional Director of Sales and Customer Support

Acknowledged and agreed
JetBlue Airways Corporation

By: /s/ [Illegible]
    -------------------------


Title    Vice President
      -----------------------


<Page>

                                  EXHIBIT B1
                                (revised 9/29/00)

                           AIRCRAFT DELIVERY SCHEDULES

FIRM A320 AIRCRAFT

<Table>
<Caption>
        YEAR            NUMBER      DELIVERY PERIOD
        ----            ------      ---------------
        <S>             <C>        <C>
        2000               6        (1) [****] (2) [****] (1) [****] (1) [****]
                                    (1) [****]
        2001               6        (1) [****] (2) [****] (1) [****]
                                    (1) [****] (1) [****]
        2002              10        (2) [****] (2) [****] (6) [****]
        2003               5
        2004               5
        TOTAL             32
</Table>

All thirty-two (32) Firm A320 Aircraft have no deferral or conversion rights.

OPTION A320 AIRCRAFT

<Table>
<Caption>
        YEAR            NUMBER
        ----            ------
        <S>             <C>
        2003              5
        2004              5
        2005             10
        2006              5

        TOTAL            25
</Table>

RESERVE OPTION A320 FAMILY AIRCRAFT
Under the terms of its purchase agreement with Airbus for the Aircraft, New Air
has the right to receive delivery positions for Reserve Option A320 Family
Aircraft equal to the number of Option A320 Family Aircraft as to which New Air
has exercised its purchase rights. Because New Air has options with Airbus for
twenty-five (25) Option A320 Family Aircraft, it correspondingly has rights with
Airbus to receive delivery positions for up to eighteen (18) Reserve Option A320
Family Aircraft. No dates are specified for delivery of these Reserve Option
A320 Family Aircraft. Such delivery dates will be determined at the time options
are exercised by New Air. The agreement between New Air and Airbus anticipates
that all Reserve Option A320 Family Aircraft will be delivered prior to the end
of 2007. Airbus has also granted New Air conversion rights for each of the
twenty-five (25) A320 Family Aircraft and the eighteen (18) Reserve Option A320
Family Aircraft to the A321-200 or A319 aircraft type on twenty-one months
notice to Airbus.


----------
[****] Represents material which has been redacted and filed separately with
the Commission pursuant to a request for confidential treatment pursuant to
Rule 406 under the Securities Act of 1933, as amended.


<Page>

INTERNATIONAL
AERO ENGINES
[LETTERHEAD]



December 4, 2000

Mr. Tom Anderson
JetBlue Airways Corporation
19 Old Kings Highway South, Suite 23
Darien, Connecticut 06820

Subject:   Revision of the JetBlue Aircraft delivery schedule

Tom:

Per our discussion, this letter serves as notice that IAE supports JetBlue's
agreement with Airbus to move certain firm V2500 A5 powered A320 Aircraft
deliveries as shown in the attached revised delivery schedule.

In addition JetBlue acknowledges and agrees to the change in delivery schedule
reflected herein by signing and returning a copy of this letter to the
undersigned.

All other provisions of the Contract remain in full force and effect.

Very truly yours,
IAE International Aero Engines AG


/s/ Robert Zimmerman
----------------------------------
Robert Zimmerman
Regional Director of Sales and Customer Support


Acknowledged and agreed
JetBlue Airways Corporation

By:   /s/ [Illegible]
    -------------------------

Title   Vice President
      -----------------------


<Page>


EXHIBIT B1
                               (revised 12/4/00)

                          AIRCRAFT DELIVERY SCHEDULES

FIRM A320 AIRCRAFT

<Table>
<Caption>
      YEAR             NUMBER      DELIVERY PERIOD
      ----             ------      ---------------
     <S>              <C>         <C>
      2000                6        (1) [****] (2) [****] (1) [****] (1) [****]
                                   (1) [****]
      2001                6        (1) [****] (2) [****] (1) [****]
                                   (1) [****] (1) [****]
      2002               10        (1) [****] (1) [****] (1) [****]
                                   (1) [****] (1) [****] (1) [****] (1) [****]
                                   (1) [****] (1) [****] (1) [****]
      2003                5
      2004                5
      TOTAL              32
</Table>

All thirty-two (32) Firm A320 Aircraft have no deferral or conversion rights.

OPTION A320 AIRCRAFT

<Table>
<Caption>
      YEAR             NUMBER
      ----             ------
      <S>             <C>
      2003                5
      2004                5
      2005               10
      2006                5

      TOTAL              25

</Table>

RESERVE OPTION A320 FAMILY AIRCRAFT
Under the terms of its purchase agreement with Airbus for the Aircraft, JetBlue
has the right to receive delivery positions for Reserve Option A320 Family
Aircraft equal to the number of Option A320 Family Aircraft as to which JetBlue
has exercised its purchase rights. Because JetBlue has options with Airbus for
twenty-five (25) Option A320 Family Aircraft, it correspondingly has rights with
Airbus to receive delivery positions for up to eighteen (18) Reserve Option A320
Family Aircraft. No dates are specified for delivery of these Reserve Option
A320 Family Aircraft. Such delivery dates will be determined at the time options
are exercised by JetBlue. The agreement between JetBlue and Airbus anticipates
that all Reserve Option A320 Family Aircraft will be delivered prior to the end
of 2007. Airbus has also granted JetBlue conversion rights for each of the
twenty-five (25) A320 Family Aircraft and the eighteen (18) Reserve Option A320
Family Aircraft to the A321-200 or A319 aircraft type on twenty-one months
notice to Airbus.


----------
[****] Represents material which has been redacted and filed separately with
the Commission pursuant to a request for confidential treatment pursuant to
Rule 406 under the Securities Act of 1933, as amended.