Fwd: BBJ SN 30884 [CC-MERO.FID1500434]
Send only lady email to bob
------- Forwarded message -------
From: Larry <
Date: Wed, May 17, 2017 at 12:26 AM
Subject: Fwd: BBJ SN 30884 [CC-MERO.FID1500434]
To: Je vacation jeevacation@gmail.com, Darren Indyke <
This email trail has some high points from past discussions with Clair and Husham
Darren Indyke
Sent from my iPhone
On Oct 12, 2016, at 8:20 AM, Claire Brugirard < > wrote:
Dear Darren,
Our leadership has instructed me to send you our final offer as follows;
I. The purchase price to remain at 17.5 M
The high time engine will be replaced with the original engine
The two additional aux fuel tanks which were recently located will be included in the loose equipment list
The pre-buy inspection and the delivery to be at Abu Dhabi International (Etihad Engineering) which is an MRO approved by both GCAA and
FAA, or within UAE as long as it is an FAA/GCAA approved facility audited by Royal Jet.
Royal Jet will be responsible for any discrepancies with the agreed cap of 500,000 above which Royal Jet can either elect to pay for the discrepancies or to refund the pre-buy inspection costs
Please note that Royal Jet will only address airworthy items and any cosmetic items shall not be considered as a discrepancy; as such there will be no touch up work on the interior wood work done, and the condition of the woodwork should not be a reason for rejecting the aircraft
We do agree to include in the delivery condition that there shall be issued by the GCAA, in form and in substance satisfactory to the FAA, as determined by a duly authorized designated airworthiness representative of the FAA selected by Purchaser in its discretion, an export certificate of airworthiness.
With regards to your request about items and matters that require correction in order for the aircraft to be qualified for issuance of a U.S. Certificate of Airworthiness; we filly realize that the intention is to register the aircraft in the USA, however, we would appreciate your understanding that we cannot expose ourselves by committing to fulfilling requirements that are unknown to us. Therefore, and since the DAR would in any case be involved with the issuance of the export certificate, we request that this item remains deleted as suggested in the last draft purchase agreement which was sent through (unless there would be a way to know beforehand what such requirements would entail).
This offer is of course subject to agreeing and signing a binding purchase agreement between the parties and if the buyer is willing to proceed, then we would request that the text of such purchase agreement is agreed upon no later than Thursday, 27th October, 2016 (preferably before), and for the pre-buy inspection to start as soon as possible thereafter.
We look forward to hearing from you soon.
Best Regards
<image001.png>
Claire Brugirard
Sales Manager
Sent from my iPad
Begin forwarded message:
From: Manny Castanedo <[REDACTED]>
Date: October 17, 2016 at 4:49:47 PM GMT+2
To: Lvjet <[REDACTED]>
Cc: mannya@fjturbinepower.net,
EFTA01045759
Subject: Re: BBJ SN 30884 [CC-MERO.FID1500434]
Larry:
Thanks, will review and advise.
Regards,
Manny Castañoedo
Vice President
F.J. Turbine Power, Inc.
CFM56 & JT8D
FAA Repair Station F7JR192Y
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by a-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.
On Oct 17, 2016, at 10:30, Lvjet <> wrote:
Manny and Freddy attached is engine data for your evaluation.. # 2 engine is original serial number 889151 is installed on #2 position. has estimate 6200 hours total time. No shop visit. # 1 engine currently installed is serial 876170 installed on #1 position. has 12,400 hours total time, has been to shop.
(we could install original engine serial number 888148 in # 1 position to replace 876170) so that engine times are more closely match, not exact. rather than having a 6000 hour engine, and a 12,000 hour engine installed.
the original engine installed in #1 position serial # 888148 was removed due to metal in oil sample from Gear box. and repaired.. we have the option to install this original engine back on the BBJ,. Seller informs the margin on this engine is +35 degrees at Take-off EPR. the engine currently installed has been to shop, with +40 degree margin according to Seller, with a +49 degree margin in test cell... but has 12,400 hours since new. does it make sense to install orginal engine, or is the performace so much greater on the 12,400 hour serial 876170 that we should keep this engine installed? need your advise please?
thank you,
Larry
- From: Husham Osman
- To: Larry
- Cc: Claire Brugirard, Darren Indyke, Nelson, Michael
- Sent: Mon, Oct 17, 2016 9:19 am
- Subject: BBJ SN 30884 [CC-MERO.FID1500434]
Dear Larry
Please see attached my answers to the below points along with valid attachments. This should suffice the engineering consultant. If you have any questions please do not hesitate to let us know.
Best regards
Best Regards,
<image001.png> <image002.gif>Husham Osman
Director Technical
Abu Dhabi, United Arab Emirates
From: Larry [mailto: Sent: Friday, October 14, 2016 8:34 PM To: Claire Brugirard; Husham Osman Cc: Darren Indyke; Nelson, Michael; Rob DiCastri Subject: Re: BBJ SN 30884 [CC-MERO.FID1500434]
Greetings Husham,
All re going well..
Can you provide the foaming info on the original engine we are contemplating to instal? 1-mnpack of LSV for Review on engines
EFTA01045760
Mini-pack LW attached for ESN 888148
2-Request ECM Latest ECM report of ESN 888148 (original engine) and existing engines (876170 & 889151) is attached. 3-was the engine test cell run after its Gear box repair? If so, I'll need test cell results..please. Yes, see summary performance attached 4- you mention 35 degree margin at,,What power setting? EGT hot day Margin is given at TAKE OFF 5-Any and all info that i can fwd to my engine personnel for evaluation. Modification Record of the original engine also attached for your review 6- can you refresh my memory on Margin and test cell report of the 12,400 hour engine currently installed on DFR.? Please include test cell results on the 12,400 hour engine as well for our comparison.
Test Cell Margin was 490eg C. See attached 876170 Test Data. Current EGTM at takeoff Is — 40deg C
Best,
Larry
Sent from my ,Pad
On Oct 14, 2016, at 12:12 PM, Claire Brugirard< wrote:
Dear Darren,
Dear Larry
Your message well received,lam glad we could come to an agreement and that we can proceed with the contract
Please let us knowexactly what inbrmation is required regarding the engines and the tanks so that we can ask our technical team to prepare this
I suggest Mare to amend the latest draft AM with the agreed conditions and to send it through to you for review on Sunday or Monday.
Best Regards,
Claire Brugirard
From: Darren Indyke
Sent: Friday, October 14, 2016 19:46
To: Clare Brugrard
Cc: Rob DiCastri; Nelson, Michael; Larry
Subject: Re: 88) SN 30884 [COMERO.FID1500434]
Dear Claire:
Let's proceed with the purchase agreement. We will need more details concerning the engine. but this should not hold us up. Can you please provide us with the details for the two extra tanks so that we may Include descriptive informal= (i.e.. serial numbers. etc.) ri the purchase agreement. Thank you.
Best,
DARREN K. INDYKE
DARREN K. INDYKE, PLLC
email:
The information contained in this communication is confidential, may be attorney-client privileged, and is intended only for the use of the addressee. It is the property of Darren K. Indyke, PLLC. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail, and destroy this communication and all copies thereof, including all attachments. Copyright of Darren K. Indyke, PLLC-2016 Darren K. Indyke, PLLC - All rights reserved.
On Oct 13, 2016, at 1:35 PM, Claire Brugirard < > wrote:
Dear Darren, Larry
I am resending below message without the document attached since I got an undeliverable message and am not sure if you got this.
Best Regards,
Claire Brugirard
From: Claire Brugirard
Sent: Thursday, October 13, 2016 15:28
To: Darren Indyke
Cc Rob DiCasbi; Nelson, Michael; Larry
Subject RE: eal SN 30884 [COMERO.FID1500434]
Dear Darren,
EFTA01045761
I am copying below the information received from our Director Technical which was also sent to tarry today;
The original engine of A60FR/1- ESN 888148 (A6RJY/1Ex-A6DFR) had a defect rectification shop visit Be 4,499hrs/1,669cyc in Nov 2013. See attached SV document
o AGB/TGB-Overhauled
o All other modules are not accessed [ ]
o Current EGT Margin r. 35degt. The margin is good enough to go another 5.years based on ROJ fleet experience and current utilization rate.
o Current Time/Cycle = 5,951hrs/2,187cyc [ ]
We will have to ground two aircraft to perform the double engine swap which requires a lot or preparation, therefore we would request to do the engine change during the pre-buy here in Abu Dhabi.
If your principal is ready to proceed with this offer then we would start planning this accordingly.
Given this additional effort we are hopeful that we can now come to an agreement together and we look forward to receivingyour response.
Best Regards
<image001.png>
Claire Brugirard
Sales Manager
, Abu Dhabi, United Arab Emirates
From: Darren Indyke [mailto:]
Sent: Wednesday, October 12, 2016 11:06 PM
To: Claire Brugirard
Cc: Rob DiCastri; Nelson, Michael; Larry
Subject: Re: BBJ SN 30884 [CC-MERO.FID1500434]
Claire:
Thank you for your email. Would you please send me the current specs for the original engine that will replace the high time engine.
Regards,
Darren Indyke
Sent from my Phone
On Oct 12, 2016, at 8:20 AM, Claire Brugirard< wrote:
Dear Darren,
Our leadership has instructed me to send you our final offer as follows;
The purchase price to remain at 17.5 M
The high time engine will be replaced with the original engine
The two additional aux fuel tanks which were recently located will be included in the loose equipment list
The pre.buy inspection and the delivery to be at Abu Dhabi International (Etihad Engineenngl which is an MRO approved by both GCAA and FM, or within UAE as long as it is an FAA/GCAA approved facility audited by Royal let.
S. Royal let will be responsible for any discrepancies with the agreed cap of 503,000 above whichRoyal let can either elect to pay for the discrepancies or to refund the pre-buy inspection costs
- Please note that Royal let will only address airworthy items and any cosmetic items shall not be considered as a discrepancy; as such there will be no touch up work on the interior wood work done, and the condition of the woodwork should not be a reason for rejecting the aircraft
We do agree to include in the delivery condition that there shall be issued by the GCAA, in form and in substance satisfactory to the FAA, as determined by a duly authorized designated airworthiness representative of the FM selected by purchaser in its discretion, an export certificate of airworthiness.
With regards to your request about items and matters that require correction in order for the aircraft to be qualified for issuance of a U.S. Certificate of Airworthiness; we fully realize that the intention is to register the aircraft in the USA, however, we would appreciate your understanding that we cannot expose ourselves by committing to fulfilling requirements that are unknown to us. Therefore, and since the DAR would in any case be involved with the issuance of the export certificate, we request that this item remains deleted as suggested in the last draft purchase agreement which was sent through (unless there would be a way to know beforehand what such requirements would entail).
This offer is of course subject to agreeing and signing a binding purchase agreement between the parties and if the buyer is willing to proceed, then we would request that the text of such purchase agreement is agreed upon no later than Thursday, 27th October, 2016 (preferably before), and for the pre-buy inspection to start as soon as possible thereafter.
We look forward to heanng from you soon.
Best Regards
<image001.png>
Claire Bruglrard
Sales Manager
Abu Dhabi, United Arab Emirates
EFTA01045762
From: Darren Indyke [mailto: Sent: Wednesday, October 12, 2016 12:19 AM To: Claire Brugirard Cc: Rob DiCastri; Nelson, Michael; Larry Subject: Re: BBJ SN 30884 [CC-MERO.FID1500434]
Dear Claire:
I understand that Royal Jet has made a revised offer. which is to to replace the high bide engine on the aircraft with the original engine that was previously replaced and to include hno extra fuel tanks. to set the purchase price at $17.5 Miton. and to have the pre-buy inspection take place at a facility in the UAE. Is this correct? Please advise.
Thank you.
Regards.
DARREN K. INDYKE
DARREN K INDYKE. PLLC
email:
The information contained in this communication is confidential, may be attorney-client privileged, and is intended only for the use of the addressee. It is the property of Darren K. Indyke, PLLC. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail, and destroy this communication and all copies thereof, including all attachments. Copyright of Darren K. Indyke, PLLC-2016 Darren K. Indyke, PLLC All rights reserved.
On Oct 10, 2016, at 1:47 PM, Darren Indyke < > wrote:
Dear Mr. DiCastri:
Inasmuch as Royal Jet has already agreed to be responsible for up to $500.0:00 of discrepancies noted during the pre-pithase inspection. your ernad below is clearly a move in the wrong direction. However. we are prepared to offer Royal Jet. LLC $17.2 million on the same terms as previously agreed without a recparement that you restore the woodwork to an acceptable condrtion. This absolutely requires you to address discrepancies at your cost and requires you to pay our inspection fees and costs should you refuse or fail to correct ctscrepancies of up to and including 8500.000. In addition. discrepancies must include. without bmitabon. those items and matters that require correction in order fcc the aircraft to be qualified for issuance of a U.S. Certificate of Airwcelhiness. If you are willing to proceed on this basis. please so advise and I ea move (award wills the revisions to the proposed purchase agreement. Otherwise. I wish you kick in negotiating from scratch with any potential potential purchasers. and I will instruct the escrow agent to return our Deposit and negotiations will be terminated. I await your prompt reply.
Regards,
DARREN K. INDYKE
DARREN K. INDYKE. PLLC
email:
The information contained n this communication is confidential. may be attceney-client privileged. and is Mended only for the use of the addressee. It is the property of Darren K. Indyke. PLLC. Unauthorized use. disclosure or copying of this communication or any pal thereof is strictly prohibited and may be unlawful. If you have received this communication in error. please notify US immediately by return e-mail. and destroy this communication and all copes thereof. including all attachments.
Copyright of Darren K. Indyke. PLLC - 02016 Darren K.
Indyke. PLLC -All rights reserved.
On Oct 7, 2016, at 1:55 PM, Rob DiCastri < > wrote:
Mr. Indyke,
Though we made it dear in our message that our offer was non-negotiable. our leadership has considered your proposal and will accept a price of SI7m under the following conditions:
1. The purchase is on an "as is, where is" basis at AUH, and this will be reflected as the delivery condition in the purchase agreement
All rectification costs as a result of the pre-purchase inspection are therefore for the account of the buyer
The full purchase price will therefore be paid to the seller's account by the buyer, without any deductions
The buyer a pay for the ferrying of the aircraft to the pre-purchase inspection facility at a full market charter rate
The above eel be reflected in the purchase agreement to the sellers satisfaction within 14 days of this message
Your representatives are well aware of the mechanical condition of the arcreft from their visits to our facilites. therefore this is a more than fee offer.
We require your acceptance or rejection of this offer immediately. otherwise we will proceed with other potential purchasers.
We look forward to receiving your response.
Rob O. DiCastri
EFTA01045763
President & CEO
Royal Jet LLC
On Oct 7, 2016, at 7:33 PM, Darren Indyke < > wrote:
Dear Claire:
I have been instructed either to prepare a purchase agreement embodying the $17 million purchase price provided in my October 5 email to you or to terminate negotiations and withdraw Thomas World Air, LLC's/Plan D, LLC's deposit. Please advise how you wish for me to proceed. Thank you.
Regards,
DARREN K. INDYKE
DARREN K. INDYKE, PLLC
email:
The information contained in this communication is confidential, may be attorney-client privileged, and is intended only for the use of the addressee. It is the property of Darren K. Indyke, PLLC. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail, and destroy this communication and all copies thereof, including all attachments. Copyright of Darren K. Indyke, PLLC-2016 Darren K. Indyke, PLLC-All rights reserved.
On Oct 6, 2016, at 3:45 PM, Claire Brugirard < > wrote:
Dear Darren,
Yesterday's email is well received and has been shared withhigher management.
We will come back to you as soon as we hear from them with our feedback.
Best Regards,
Claire Brugirard
From: Darren Indyke
Sent Thursday, October 6, 2016 23:41
To: Claire Brugirard
Cc Larry; Nelson, Michael; Rob DiCasbl
Subject Re: 883 SN 30884 [COMERO.FID1500434)
Dear Claire:
Please confirm receipt of my email of yesterday's date and advise regarding the status of this matter. Thank you.
Regards,
DARKEN K. INDYKE
DARKEN K. INDYKE. PLLC
email:
The information contained in this communication is confidential, may be attorney-client privileged, and is intended only for the use of the addressee. It is the property of Darren K. Indyke, PLLC. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail, and destroy this communication and all copies thereof, including all attachments. Copyright of Darren K. Indyke, PLLC-2016 Darren K. Indyke, PLLC-All rights reserved.
On Oct 5, 2016, at 2:57 PM, Darren Indyke < > wrote:
Dear Claire:
Thank you for your attempt at a resolution of this matter.
If the purchase price is reduced to 817 millca with the wood*** as is, then we can move forward. Otherwise. you may consider Thomas World Air. LLCS/Plan D. LLC s offer terminated and further negotiations with respect to the aircraft at an end.
I appreciate your quick response and wish you luck if you decide to proceed with others.
EFTA01045764
Regards,
DARREN K. INDYKE
DARREN K. INDYKE, PLLC
email:
The information contained in this communication is confidential, may be attomey-client privileged, and is intended only for the use of the addressee. It is the property of Darren K. Indyke, PLLC. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail, and destroy this communication and all copies thereof, including all attachments. Copyright of Darren K. Indyke, PLLC - © 2016 Darren K. Indyke, PLLC - All rights reserved.
On Oct 5, 2016, at 12:24 PM, Claire Brugirard < > wrote:
Dear Darren,
We have shared your message below with our leadership and are wnting to communicate our position on this matter.
We do not believe that the offer made at USD 15,5 M reflects even close to the market value of the aircraft in its current condition, and we are disappointed that your principle has decided at this late stage to change his offer. As noted below, we were transparent throughout this process, and you sent Mr. Visoski over here having received all of the correct information and the feedback from your local representative. Even he initially expressed satisfaction with the interior and the technical condition of the aircraft, before then coming back to us with these new issues.
Despite this, we are prepared to make an additional effort in order to show our goodwill and close this deal.
We propose a final and non-negotiable offer as follows:
Option A: We maintain the price at USD 17.8 M, however Royal let commits to making basic "touch-ups" on the intenor woodwork at a qualified shop located here in Abu Dhabi.
Option B: The aircraft is purchased on an "as-is" basis (i.e. with the interior wood work in its current condition) in which case Royal Jet accepts to reduce the price to USD 17.5 M.
Please note that under both scenarios we will not accept any further reductions on the pnce even if after touch-up work is complete the result is still not to an "acceptable standard" according to the buyer or the buyer's representative. Furthermore, only airworthiness issues will be addressed in the pre-purchase inspection process, and this will be reflected in the delivery condition to be defined in the purchase agreement, which is to be executed by both parties before the aircraft is sent for such inspection.
If the above is not acceptable to the buyer, he is welcome to withdraw his deposit and we will reopen discussions with other prospective purchasers.
Given the work done by both parties on this transaction so far, we hope it can still be completed,however we require the buyer's response by the close of business on Friday 7th October.
We look forward to receiving your response.
Best Regards
<image001.png>
Claire Brugirard
Sales Manager
Abu Dhabi. United Arab Emirates
From: Claire Brugirard
Sent: Monday, October 3, 2016 7:21PM
To: Darren Indyke
Cc: Larry; Nelson, Michael
Subject: Re: BB) SN 30884 (CC-MERO.FID1S004341
Dear Darren,
Your emailbelow has been shared with our senior management.
They have a meeting this coming wednesday duringwhich they will discuss this so I should hare an answer by Wednesdayeveningour time which is Wednesdaymorns% your tine.
Appreciate your patience and understanding.
Thanks
Best Regards,
EFTA01045765
Claire Brugirard
From: Darren Indyke
Sent: Thursday, September 29, 2016 20:04
To: Claire Brugirard
Cc: Larry; Nelson, Michael
Subject: Re: BBJ SN 30884 [CC-MERO.FID1500434]
Dear Claire:
Thank you for your letter. We appreciate the spin in which it was whiten. and we too would like to come to an understanding.
However. as the lawyer for the principal of Thomas World Ar. LLC and Plan D. LLC. I feel obliged to point out the following:
We received numerous photographs from you detailing the interior of the aircraft, and none of those photographs showed any of the wear and tear that was immediatley apparent upon a visual inspection of the interior.
We were initally sent documnets that reflected the fact that one engine had only 4,400 hours on it and the other engine had 11,500 hours on it. However, we are now advised that the first engine actually has 6,600 hours on it and the other engine has 12,400 hours on it. Thus, these engines have a total of 3,100 more hours on them than you initially represented to us. At our rate of flying, this equates to approximately 4-5 more years of use than were lead to believe when we were negotiating the sales price.
In light of this. I am unsure how we should proceed. Candidly. my innapal is very disappointed both by the change in information about the aircraft from that which was umnally conveyed to him and with the expenses he has had to incur to date in order to uncover information that should have been provided to him at the outset. I must also tell you that we have received a bid to refinish the wood of approximately $1.25 meson. Moreover. our consultants estimate another $1.25 million reduction in value as a result of the additional previously undisclosed engine wear and tear. If we are to persuade my principal to move forward. I believe that we could only do so at a new price of around $15.5 million.
I am hopeful that we can move forward at this price which better reflects the true condition of the aircraft. However. Larry Viscski informs me that you have received two other offers on the aircraft. and we will understand if you wish to pursue those instead.
Please let us know how you wish to proceed.
Regards,
DARREN K. INDYKE
DARREN K. INDYKE, PLLC
email:
The information contained in this communication is confidential, may be attorney-client privileged, and is intended only for the use of the addressee. It is the property of Darren K. Indyke, PLLC. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail, and destroy this communication and all copies thereof, including all attachments. Copyright of Darren K. Indyke, PLLC-2016 Darren K. Indyke, PLLC All rights reserved.
On Sep 29, 2016, at 8:32 AM, Claire Brugirard <> wrote:
Dear Darren,
Dear Larry,
Our Management has had a detailed meeting with our Chairman this afternoon in order to discuss this topic.
We would like to clarify that Royal Jet has been fully transparent withregards to the condition of the aircraft; the aircraft was made available for viewing twice for two different people who each have made a different evaluation about the quality of the interior woodwork. We understand that this can happen since this is a subjective matter.
We would like to assure you of our intention to resolve this issue together and find an agreement in order to move forward with the deal.
Since the quality of the interior woodwork on a pre-owned aircraft will always be subject to various individual and personal opinions and since it will be extremely difficult (and most likely an open end) to define and agree together what would be the "acceptable standard" to which we would have to bring th
please note
The information contained in this communication is confidential. may be attorney-client privileged. may constitute inside information, and is intended only for the use of the addressee. It is the property of JEE
Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to jersaealicuirstslaiLeom. and destroy this communication and all copies thereof. including all attachments. copyright -all rights reserved
EFTA01045766
This email trail has some high points from past discussions with Clair and Husham
Darren Indyke
Sent from my iPhone
On Oct 12, 2016, at 8:20 AM, Claire Brugirard < > wrote:
Dear Darren,
Our leadership has instructed me to send you our final offer as follows;
I. The purchase price to remain at 17.5 M
The high time engine will be replaced with the original engine
The two additional aux fuel tanks which were recently located will be included in the loose equipment list
The pre-buy inspection and the delivery to be at Abu Dhabi International (Etihad Engineering) which is an MRO approved by both GCAA and
FAA, or within UAE as long as it is an FAA/GCAA approved facility audited by Royal Jet.
Royal Jet will be responsible for any discrepancies with the agreed cap of 500,000 above which Royal Jet can either elect to pay for the discrepancies or to refund the pre-buy inspection costs
Please note that Royal Jet will only address airworthy items and any cosmetic items shall not be considered as a discrepancy; as such there will be no touch up work on the interior wood work done, and the condition of the woodwork should not be a reason for rejecting the aircraft
We do agree to include in the delivery condition that there shall be issued by the GCAA, in form and in substance satisfactory to the FAA, as determined by a duly authorized designated airworthiness representative of the FAA selected by Purchaser in its discretion, an export certificate of airworthiness.
With regards to your request about items and matters that require correction in order for the aircraft to be qualified for issuance of a U.S. Certificate of Airworthiness; we filly realize that the intention is to register the aircraft in the USA, however, we would appreciate your understanding that we cannot expose ourselves by committing to fulfilling requirements that are unknown to us. Therefore, and since the DAR would in any case be involved with the issuance of the export certificate, we request that this item remains deleted as suggested in the last draft purchase agreement which was sent through (unless there would be a way to know beforehand what such requirements would entail).
This offer is of course subject to agreeing and signing a binding purchase agreement between the parties and if the buyer is willing to proceed, then we would request that the text of such purchase agreement is agreed upon no later than Thursday, 27th October, 2016 (preferably before), and for the pre-buy inspection to start as soon as possible thereafter.
We look forward to hearing from you soon.
Best Regards
<image001.png>
Claire Brugirard
Sales Manager
Sent from my iPad
Begin forwarded message:
From: Manny Castanedo <[REDACTED]>
Date: October 17, 2016 at 4:49:47 PM GMT+2
To: Lvjet <[REDACTED]>
Cc: mannya@fjturbinepower.net,
EFTA01045759
Subject: Re: BBJ SN 30884 [CC-MERO.FID1500434]
Larry:
Thanks, will review and advise.
Regards,
Manny Castañoedo
Vice President
F.J. Turbine Power, Inc.
CFM56 & JT8D
FAA Repair Station F7JR192Y
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by a-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.
On Oct 17, 2016, at 10:30, Lvjet <> wrote:
Manny and Freddy attached is engine data for your evaluation.. # 2 engine is original serial number 889151 is installed on #2 position. has estimate 6200 hours total time. No shop visit. # 1 engine currently installed is serial 876170 installed on #1 position. has 12,400 hours total time, has been to shop.
(we could install original engine serial number 888148 in # 1 position to replace 876170) so that engine times are more closely match, not exact. rather than having a 6000 hour engine, and a 12,000 hour engine installed.
the original engine installed in #1 position serial # 888148 was removed due to metal in oil sample from Gear box. and repaired.. we have the option to install this original engine back on the BBJ,. Seller informs the margin on this engine is +35 degrees at Take-off EPR. the engine currently installed has been to shop, with +40 degree margin according to Seller, with a +49 degree margin in test cell... but has 12,400 hours since new. does it make sense to install orginal engine, or is the performace so much greater on the 12,400 hour serial 876170 that we should keep this engine installed? need your advise please?
thank you,
Larry
- From: Husham Osman
- To: Larry
- Cc: Claire Brugirard, Darren Indyke, Nelson, Michael
- Sent: Mon, Oct 17, 2016 9:19 am
- Subject: BBJ SN 30884 [CC-MERO.FID1500434]
Dear Larry
Please see attached my answers to the below points along with valid attachments. This should suffice the engineering consultant. If you have any questions please do not hesitate to let us know.
Best regards
Best Regards,
<image001.png> <image002.gif>Husham Osman
Director Technical
Abu Dhabi, United Arab Emirates
From: Larry [mailto: Sent: Friday, October 14, 2016 8:34 PM To: Claire Brugirard; Husham Osman Cc: Darren Indyke; Nelson, Michael; Rob DiCastri Subject: Re: BBJ SN 30884 [CC-MERO.FID1500434]
Greetings Husham,
All re going well..
Can you provide the foaming info on the original engine we are contemplating to instal? 1-mnpack of LSV for Review on engines
EFTA01045760
Mini-pack LW attached for ESN 888148
2-Request ECM Latest ECM report of ESN 888148 (original engine) and existing engines (876170 & 889151) is attached. 3-was the engine test cell run after its Gear box repair? If so, I'll need test cell results..please. Yes, see summary performance attached 4- you mention 35 degree margin at,,What power setting? EGT hot day Margin is given at TAKE OFF 5-Any and all info that i can fwd to my engine personnel for evaluation. Modification Record of the original engine also attached for your review 6- can you refresh my memory on Margin and test cell report of the 12,400 hour engine currently installed on DFR.? Please include test cell results on the 12,400 hour engine as well for our comparison.
Test Cell Margin was 490eg C. See attached 876170 Test Data. Current EGTM at takeoff Is — 40deg C
Best,
Larry
Sent from my ,Pad
On Oct 14, 2016, at 12:12 PM, Claire Brugirard< wrote:
Dear Darren,
Dear Larry
Your message well received,lam glad we could come to an agreement and that we can proceed with the contract
Please let us knowexactly what inbrmation is required regarding the engines and the tanks so that we can ask our technical team to prepare this
I suggest Mare to amend the latest draft AM with the agreed conditions and to send it through to you for review on Sunday or Monday.
Best Regards,
Claire Brugirard
From: Darren Indyke
Sent: Friday, October 14, 2016 19:46
To: Clare Brugrard
Cc: Rob DiCastri; Nelson, Michael; Larry
Subject: Re: 88) SN 30884 [COMERO.FID1500434]
Dear Claire:
Let's proceed with the purchase agreement. We will need more details concerning the engine. but this should not hold us up. Can you please provide us with the details for the two extra tanks so that we may Include descriptive informal= (i.e.. serial numbers. etc.) ri the purchase agreement. Thank you.
Best,
DARREN K. INDYKE
DARREN K. INDYKE, PLLC
email:
The information contained in this communication is confidential, may be attorney-client privileged, and is intended only for the use of the addressee. It is the property of Darren K. Indyke, PLLC. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail, and destroy this communication and all copies thereof, including all attachments. Copyright of Darren K. Indyke, PLLC-2016 Darren K. Indyke, PLLC - All rights reserved.
On Oct 13, 2016, at 1:35 PM, Claire Brugirard < > wrote:
Dear Darren, Larry
I am resending below message without the document attached since I got an undeliverable message and am not sure if you got this.
Best Regards,
Claire Brugirard
From: Claire Brugirard
Sent: Thursday, October 13, 2016 15:28
To: Darren Indyke
Cc Rob DiCasbi; Nelson, Michael; Larry
Subject RE: eal SN 30884 [COMERO.FID1500434]
Dear Darren,
EFTA01045761
I am copying below the information received from our Director Technical which was also sent to tarry today;
The original engine of A60FR/1- ESN 888148 (A6RJY/1Ex-A6DFR) had a defect rectification shop visit Be 4,499hrs/1,669cyc in Nov 2013. See attached SV document
o AGB/TGB-Overhauled
o All other modules are not accessed [ ]
o Current EGT Margin r. 35degt. The margin is good enough to go another 5.years based on ROJ fleet experience and current utilization rate.
o Current Time/Cycle = 5,951hrs/2,187cyc [ ]
We will have to ground two aircraft to perform the double engine swap which requires a lot or preparation, therefore we would request to do the engine change during the pre-buy here in Abu Dhabi.
If your principal is ready to proceed with this offer then we would start planning this accordingly.
Given this additional effort we are hopeful that we can now come to an agreement together and we look forward to receivingyour response.
Best Regards
<image001.png>
Claire Brugirard
Sales Manager
, Abu Dhabi, United Arab Emirates
From: Darren Indyke [mailto:]
Sent: Wednesday, October 12, 2016 11:06 PM
To: Claire Brugirard
Cc: Rob DiCastri; Nelson, Michael; Larry
Subject: Re: BBJ SN 30884 [CC-MERO.FID1500434]
Claire:
Thank you for your email. Would you please send me the current specs for the original engine that will replace the high time engine.
Regards,
Darren Indyke
Sent from my Phone
On Oct 12, 2016, at 8:20 AM, Claire Brugirard< wrote:
Dear Darren,
Our leadership has instructed me to send you our final offer as follows;
The purchase price to remain at 17.5 M
The high time engine will be replaced with the original engine
The two additional aux fuel tanks which were recently located will be included in the loose equipment list
The pre.buy inspection and the delivery to be at Abu Dhabi International (Etihad Engineenngl which is an MRO approved by both GCAA and FM, or within UAE as long as it is an FAA/GCAA approved facility audited by Royal let.
S. Royal let will be responsible for any discrepancies with the agreed cap of 503,000 above whichRoyal let can either elect to pay for the discrepancies or to refund the pre-buy inspection costs
- Please note that Royal let will only address airworthy items and any cosmetic items shall not be considered as a discrepancy; as such there will be no touch up work on the interior wood work done, and the condition of the woodwork should not be a reason for rejecting the aircraft
We do agree to include in the delivery condition that there shall be issued by the GCAA, in form and in substance satisfactory to the FAA, as determined by a duly authorized designated airworthiness representative of the FM selected by purchaser in its discretion, an export certificate of airworthiness.
With regards to your request about items and matters that require correction in order for the aircraft to be qualified for issuance of a U.S. Certificate of Airworthiness; we fully realize that the intention is to register the aircraft in the USA, however, we would appreciate your understanding that we cannot expose ourselves by committing to fulfilling requirements that are unknown to us. Therefore, and since the DAR would in any case be involved with the issuance of the export certificate, we request that this item remains deleted as suggested in the last draft purchase agreement which was sent through (unless there would be a way to know beforehand what such requirements would entail).
This offer is of course subject to agreeing and signing a binding purchase agreement between the parties and if the buyer is willing to proceed, then we would request that the text of such purchase agreement is agreed upon no later than Thursday, 27th October, 2016 (preferably before), and for the pre-buy inspection to start as soon as possible thereafter.
We look forward to heanng from you soon.
Best Regards
<image001.png>
Claire Bruglrard
Sales Manager
Abu Dhabi, United Arab Emirates
EFTA01045762
From: Darren Indyke [mailto: Sent: Wednesday, October 12, 2016 12:19 AM To: Claire Brugirard Cc: Rob DiCastri; Nelson, Michael; Larry Subject: Re: BBJ SN 30884 [CC-MERO.FID1500434]
Dear Claire:
I understand that Royal Jet has made a revised offer. which is to to replace the high bide engine on the aircraft with the original engine that was previously replaced and to include hno extra fuel tanks. to set the purchase price at $17.5 Miton. and to have the pre-buy inspection take place at a facility in the UAE. Is this correct? Please advise.
Thank you.
Regards.
DARREN K. INDYKE
DARREN K INDYKE. PLLC
email:
The information contained in this communication is confidential, may be attorney-client privileged, and is intended only for the use of the addressee. It is the property of Darren K. Indyke, PLLC. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail, and destroy this communication and all copies thereof, including all attachments. Copyright of Darren K. Indyke, PLLC-2016 Darren K. Indyke, PLLC All rights reserved.
On Oct 10, 2016, at 1:47 PM, Darren Indyke < > wrote:
Dear Mr. DiCastri:
Inasmuch as Royal Jet has already agreed to be responsible for up to $500.0:00 of discrepancies noted during the pre-pithase inspection. your ernad below is clearly a move in the wrong direction. However. we are prepared to offer Royal Jet. LLC $17.2 million on the same terms as previously agreed without a recparement that you restore the woodwork to an acceptable condrtion. This absolutely requires you to address discrepancies at your cost and requires you to pay our inspection fees and costs should you refuse or fail to correct ctscrepancies of up to and including 8500.000. In addition. discrepancies must include. without bmitabon. those items and matters that require correction in order fcc the aircraft to be qualified for issuance of a U.S. Certificate of Airwcelhiness. If you are willing to proceed on this basis. please so advise and I ea move (award wills the revisions to the proposed purchase agreement. Otherwise. I wish you kick in negotiating from scratch with any potential potential purchasers. and I will instruct the escrow agent to return our Deposit and negotiations will be terminated. I await your prompt reply.
Regards,
DARREN K. INDYKE
DARREN K. INDYKE. PLLC
email:
The information contained n this communication is confidential. may be attceney-client privileged. and is Mended only for the use of the addressee. It is the property of Darren K. Indyke. PLLC. Unauthorized use. disclosure or copying of this communication or any pal thereof is strictly prohibited and may be unlawful. If you have received this communication in error. please notify US immediately by return e-mail. and destroy this communication and all copes thereof. including all attachments.
Copyright of Darren K. Indyke. PLLC - 02016 Darren K.
Indyke. PLLC -All rights reserved.
On Oct 7, 2016, at 1:55 PM, Rob DiCastri < > wrote:
Mr. Indyke,
Though we made it dear in our message that our offer was non-negotiable. our leadership has considered your proposal and will accept a price of SI7m under the following conditions:
1. The purchase is on an "as is, where is" basis at AUH, and this will be reflected as the delivery condition in the purchase agreement
All rectification costs as a result of the pre-purchase inspection are therefore for the account of the buyer
The full purchase price will therefore be paid to the seller's account by the buyer, without any deductions
The buyer a pay for the ferrying of the aircraft to the pre-purchase inspection facility at a full market charter rate
The above eel be reflected in the purchase agreement to the sellers satisfaction within 14 days of this message
Your representatives are well aware of the mechanical condition of the arcreft from their visits to our facilites. therefore this is a more than fee offer.
We require your acceptance or rejection of this offer immediately. otherwise we will proceed with other potential purchasers.
We look forward to receiving your response.
Rob O. DiCastri
EFTA01045763
President & CEO
Royal Jet LLC
On Oct 7, 2016, at 7:33 PM, Darren Indyke < > wrote:
Dear Claire:
I have been instructed either to prepare a purchase agreement embodying the $17 million purchase price provided in my October 5 email to you or to terminate negotiations and withdraw Thomas World Air, LLC's/Plan D, LLC's deposit. Please advise how you wish for me to proceed. Thank you.
Regards,
DARREN K. INDYKE
DARREN K. INDYKE, PLLC
email:
The information contained in this communication is confidential, may be attorney-client privileged, and is intended only for the use of the addressee. It is the property of Darren K. Indyke, PLLC. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail, and destroy this communication and all copies thereof, including all attachments. Copyright of Darren K. Indyke, PLLC-2016 Darren K. Indyke, PLLC-All rights reserved.
On Oct 6, 2016, at 3:45 PM, Claire Brugirard < > wrote:
Dear Darren,
Yesterday's email is well received and has been shared withhigher management.
We will come back to you as soon as we hear from them with our feedback.
Best Regards,
Claire Brugirard
From: Darren Indyke
Sent Thursday, October 6, 2016 23:41
To: Claire Brugirard
Cc Larry; Nelson, Michael; Rob DiCasbl
Subject Re: 883 SN 30884 [COMERO.FID1500434)
Dear Claire:
Please confirm receipt of my email of yesterday's date and advise regarding the status of this matter. Thank you.
Regards,
DARKEN K. INDYKE
DARKEN K. INDYKE. PLLC
email:
The information contained in this communication is confidential, may be attorney-client privileged, and is intended only for the use of the addressee. It is the property of Darren K. Indyke, PLLC. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail, and destroy this communication and all copies thereof, including all attachments. Copyright of Darren K. Indyke, PLLC-2016 Darren K. Indyke, PLLC-All rights reserved.
On Oct 5, 2016, at 2:57 PM, Darren Indyke < > wrote:
Dear Claire:
Thank you for your attempt at a resolution of this matter.
If the purchase price is reduced to 817 millca with the wood*** as is, then we can move forward. Otherwise. you may consider Thomas World Air. LLCS/Plan D. LLC s offer terminated and further negotiations with respect to the aircraft at an end.
I appreciate your quick response and wish you luck if you decide to proceed with others.
EFTA01045764
Regards,
DARREN K. INDYKE
DARREN K. INDYKE, PLLC
email:
The information contained in this communication is confidential, may be attomey-client privileged, and is intended only for the use of the addressee. It is the property of Darren K. Indyke, PLLC. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail, and destroy this communication and all copies thereof, including all attachments. Copyright of Darren K. Indyke, PLLC - © 2016 Darren K. Indyke, PLLC - All rights reserved.
On Oct 5, 2016, at 12:24 PM, Claire Brugirard < > wrote:
Dear Darren,
We have shared your message below with our leadership and are wnting to communicate our position on this matter.
We do not believe that the offer made at USD 15,5 M reflects even close to the market value of the aircraft in its current condition, and we are disappointed that your principle has decided at this late stage to change his offer. As noted below, we were transparent throughout this process, and you sent Mr. Visoski over here having received all of the correct information and the feedback from your local representative. Even he initially expressed satisfaction with the interior and the technical condition of the aircraft, before then coming back to us with these new issues.
Despite this, we are prepared to make an additional effort in order to show our goodwill and close this deal.
We propose a final and non-negotiable offer as follows:
Option A: We maintain the price at USD 17.8 M, however Royal let commits to making basic "touch-ups" on the intenor woodwork at a qualified shop located here in Abu Dhabi.
Option B: The aircraft is purchased on an "as-is" basis (i.e. with the interior wood work in its current condition) in which case Royal Jet accepts to reduce the price to USD 17.5 M.
Please note that under both scenarios we will not accept any further reductions on the pnce even if after touch-up work is complete the result is still not to an "acceptable standard" according to the buyer or the buyer's representative. Furthermore, only airworthiness issues will be addressed in the pre-purchase inspection process, and this will be reflected in the delivery condition to be defined in the purchase agreement, which is to be executed by both parties before the aircraft is sent for such inspection.
If the above is not acceptable to the buyer, he is welcome to withdraw his deposit and we will reopen discussions with other prospective purchasers.
Given the work done by both parties on this transaction so far, we hope it can still be completed,however we require the buyer's response by the close of business on Friday 7th October.
We look forward to receiving your response.
Best Regards
<image001.png>
Claire Brugirard
Sales Manager
Abu Dhabi. United Arab Emirates
From: Claire Brugirard
Sent: Monday, October 3, 2016 7:21PM
To: Darren Indyke
Cc: Larry; Nelson, Michael
Subject: Re: BB) SN 30884 (CC-MERO.FID1S004341
Dear Darren,
Your emailbelow has been shared with our senior management.
They have a meeting this coming wednesday duringwhich they will discuss this so I should hare an answer by Wednesdayeveningour time which is Wednesdaymorns% your tine.
Appreciate your patience and understanding.
Thanks
Best Regards,
EFTA01045765
Claire Brugirard
From: Darren Indyke
Sent: Thursday, September 29, 2016 20:04
To: Claire Brugirard
Cc: Larry; Nelson, Michael
Subject: Re: BBJ SN 30884 [CC-MERO.FID1500434]
Dear Claire:
Thank you for your letter. We appreciate the spin in which it was whiten. and we too would like to come to an understanding.
However. as the lawyer for the principal of Thomas World Ar. LLC and Plan D. LLC. I feel obliged to point out the following:
We received numerous photographs from you detailing the interior of the aircraft, and none of those photographs showed any of the wear and tear that was immediatley apparent upon a visual inspection of the interior.
We were initally sent documnets that reflected the fact that one engine had only 4,400 hours on it and the other engine had 11,500 hours on it. However, we are now advised that the first engine actually has 6,600 hours on it and the other engine has 12,400 hours on it. Thus, these engines have a total of 3,100 more hours on them than you initially represented to us. At our rate of flying, this equates to approximately 4-5 more years of use than were lead to believe when we were negotiating the sales price.
In light of this. I am unsure how we should proceed. Candidly. my innapal is very disappointed both by the change in information about the aircraft from that which was umnally conveyed to him and with the expenses he has had to incur to date in order to uncover information that should have been provided to him at the outset. I must also tell you that we have received a bid to refinish the wood of approximately $1.25 meson. Moreover. our consultants estimate another $1.25 million reduction in value as a result of the additional previously undisclosed engine wear and tear. If we are to persuade my principal to move forward. I believe that we could only do so at a new price of around $15.5 million.
I am hopeful that we can move forward at this price which better reflects the true condition of the aircraft. However. Larry Viscski informs me that you have received two other offers on the aircraft. and we will understand if you wish to pursue those instead.
Please let us know how you wish to proceed.
Regards,
DARREN K. INDYKE
DARREN K. INDYKE, PLLC
email:
The information contained in this communication is confidential, may be attorney-client privileged, and is intended only for the use of the addressee. It is the property of Darren K. Indyke, PLLC. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail, and destroy this communication and all copies thereof, including all attachments. Copyright of Darren K. Indyke, PLLC-2016 Darren K. Indyke, PLLC All rights reserved.
On Sep 29, 2016, at 8:32 AM, Claire Brugirard <> wrote:
Dear Darren,
Dear Larry,
Our Management has had a detailed meeting with our Chairman this afternoon in order to discuss this topic.
We would like to clarify that Royal Jet has been fully transparent withregards to the condition of the aircraft; the aircraft was made available for viewing twice for two different people who each have made a different evaluation about the quality of the interior woodwork. We understand that this can happen since this is a subjective matter.
We would like to assure you of our intention to resolve this issue together and find an agreement in order to move forward with the deal.
Since the quality of the interior woodwork on a pre-owned aircraft will always be subject to various individual and personal opinions and since it will be extremely difficult (and most likely an open end) to define and agree together what would be the "acceptable standard" to which we would have to bring th
please note
The information contained in this communication is confidential. may be attorney-client privileged. may constitute inside information, and is intended only for the use of the addressee. It is the property of JEE
Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to jersaealicuirstslaiLeom. and destroy this communication and all copies thereof. including all attachments. copyright -all rights reserved
EFTA01045766
