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