Expressjet Holdings Inc Sample Contracts

EXHIBIT 10.8(b) OUTSIDE DIRECTOR STOCK OPTION AGREEMENT (PURSUANT TO THE TERMS OF THE EXPRESSJET HOLDINGS, INC. 2002 STOCK INCENTIVE PLAN) This STOCK OPTION AGREEMENT (this "Option Agreement") is between EXPRESSJET HOLDINGS, INC., a Delaware...
Stock Option Agreement • April 8th, 2002 • Expressjet Holdings Inc • Air transportation, scheduled • Delaware
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EXHIBIT 10.8(a) STOCK OPTION AGREEMENT (PURSUANT TO THE TERMS OF THE EXPRESSJET HOLDINGS, INC. 2002 STOCK INCENTIVE PLAN) This STOCK OPTION AGREEMENT (this "Option Agreement") is between EXPRESSJET HOLDINGS, INC., a Delaware corporation ("Company"),...
Stock Option Agreement • April 8th, 2002 • Expressjet Holdings Inc • Air transportation, scheduled • Delaware
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WITNESSETH:
Employment Agreement • April 8th, 2002 • Expressjet Holdings Inc • Air transportation, scheduled • Texas
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1 EXHIBIT 10.8(c) OUTSIDE DIRECTOR STOCK OPTION AGREEMENT (PURSUANT TO THE TERMS OF THE EXPRESSJET HOLDINGS, INC. 2001 STOCK INCENTIVE PLAN) This STOCK OPTION AGREEMENT (this "Option Agreement") is between EXPRESSJET HOLDINGS, INC., a Delaware...
Stock Option Agreement • August 23rd, 2001 • Expressjet Holdings Inc • Air transportation, scheduled • Delaware
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AMENDED & RESTATED RIGHTS AGREEMENT
Rights Agreement • April 8th, 2002 • Expressjet Holdings Inc • Air transportation, scheduled • New York
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EXHIBIT 10.10 EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT ("Agreement") is made by and between EXPRESSJET HOLDINGS, INC., a Delaware corporation ("Company"), and FREDERICK S. CROMER ("Executive"), and is joined in solely for the purposes specified...
Employment Agreement • April 8th, 2002 • Expressjet Holdings Inc • Air transportation, scheduled • Texas
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26,000,000 Shares Common Stock ($0.01 par value)
Expressjet Holdings Inc • April 8th, 2002 • Air transportation, scheduled • New York
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EXPRESSJET HOLDINGS, INC., MELLON INVESTOR SERVICES LLC, as Rights Agent, and CONTINENTAL AIRLINES, INC. AMENDED & RESTATED RIGHTS AGREEMENT Dated as of April 1, 2002
Rights Agreement • May 14th, 2002 • Expressjet Holdings Inc • Air transportation, scheduled • New York
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1 EXHIBIT 10.8(b) STOCK OPTION AGREEMENT (PURSUANT TO THE TERMS OF THE EXPRESSJET HOLDINGS, INC. 2001 STOCK INCENTIVE PLAN) This STOCK OPTION AGREEMENT (this "Option Agreement") is between EXPRESSJET HOLDINGS, INC., a Delaware corporation ("Company"),...
Stock Option Agreement • August 23rd, 2001 • Expressjet Holdings Inc • Air transportation, scheduled • Delaware
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WITNESSETH:
Employment Agreement • February 18th, 2003 • Expressjet Holdings Inc • Air transportation, scheduled • Texas
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WITNESSETH:
Employment Agreement • April 17th, 2002 • Expressjet Holdings Inc • Air transportation, scheduled • Texas
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TAX AGREEMENT, BY AND AMONG
Tax Agreement • August 23rd, 2001 • Expressjet Holdings Inc • Air transportation, scheduled • Texas
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EXHIBIT 10.1 AMENDED AND RESTATED CAPACITY PURCHASE AGREEMENT
Capacity Purchase Agreement • April 17th, 2002 • Expressjet Holdings Inc • Air transportation, scheduled • Texas
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REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • August 8th, 2003 • Expressjet Holdings Inc • Air transportation, scheduled • New York

THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made and entered into as of August 5, 2003 among ExpressJet Holdings, Inc., a Delaware corporation (the “Company”), ExpressJet Airlines, Inc., a Delaware corporation (the “Guarantor”) and the several parties named in Schedule I hereto (the “Initial Purchasers”) pursuant to the Purchase Agreement, dated July 30, 2003 (the “Purchase Agreement”), among the Company, the Guarantor, Continental Airlines, Inc., and the Initial Purchasers. In order to induce the Initial Purchasers to enter into the Purchase Agreement, the Company and the Guarantor have agreed to provide the registration rights set forth in this Agreement. The execution of this Agreement is a condition to the closing under the Purchase Agreement.

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AGREEMENT AND PLAN OF MERGER among SKYWEST, INC., EXPRESS DELAWARE MERGER CO. and EXPRESSJET HOLDINGS, INC. Dated August 3, 2010
Agreement and Plan of Merger • August 4th, 2010 • Expressjet Holdings Inc • Air transportation, scheduled • Delaware

THIS AGREEMENT AND PLAN OF MERGER, executed this 3rd day of August, 2010 (this “Agreement”), is by and among SkyWest, Inc., a Utah corporation (“Parent”), Express Delaware Merger Co., a Delaware corporation and an indirect wholly owned subsidiary of Parent (“Merger Sub,” and together with Parent, the “Parent Parties”), and ExpressJet Holdings, Inc., a Delaware corporation (the “Company”).

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EMPLOYMENT AGREEMENT
Employment Agreement • March 2nd, 2010 • Expressjet Holdings Inc • Air transportation, scheduled • Texas

This Employment Agreement (this “Agreement”) is made by and between ExpressJet HOLDINGS, Inc., a Delaware corporation (“Company”), and Suzanne Lehman Johnson (“Executive”).

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AMENDED AND RESTATED EMPLOYMENT AGREEMENT
Employment Agreement • March 3rd, 2009 • Expressjet Holdings Inc • Air transportation, scheduled • Texas

THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (“Agreement”) is made by and betweenEXPRESSJET AIRLINES, INC., a Delaware corporation (“Company”) and KAREN P. MILES (“Employee”).

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EXPRESSJET HOLDINGS, INC., AS ISSUER, EXPRESSJET AIRLINES, INC. AS GUARANTOR AND BANK ONE, N.A., AS TRUSTEE 4.25% Convertible Notes due 2023
Expressjet Holdings Inc • September 3rd, 2003 • Air transportation, scheduled • New York

INDENTURE, dated as of August [4], 2003, among EXPRESSJET HOLDINGS, INC., a Delaware corporation (the “Company”), EXPRESSJET AIRLINES, INC., a Delaware corporation (the “Guarantor”), and BANK ONE, N.A., as trustee (the “Trustee”).

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AMENDMENT No. 31 TO PURCHASE AGREEMENT No. GPJ-003/96
Purchase Agreement • April 16th, 2004 • Expressjet Holdings Inc • Air transportation, scheduled

This Amendment No. 31 (“Amendment 31”) dated as of March 16, 2004 is between EMBRAER - Empresa Brasileira de Aeronáutica S.A. (“EMBRAER”) and ExpressJet Airlines, Inc., formerly known as New ExpressJet Airlines, Inc. (as assignee from ExpressJet Airlines, Inc. formerly known as Continental Express, Inc.) (“BUYER”), collectively hereinafter referred to as the “PARTIES”, and relates to Purchase Agreement No. GPJ-003/96, as amended from time to time together with its Attachments (collectively referred to as the “Base Agreement”) and Letter Agreements GPJ-004/96 dated August 5, 1996 and PCJ-004A/96 dated August 31, 1996 between EMBRAER and BUYER as amended from time to time (together with the Base Agreement, collectively referred to herein as the “Purchase Agreement” or the "Agreement") for the purchase of up to two hundred and forty five (245) new EMB-145 aircraft (the “AIRCRAFT”).

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EMPLOYMENT AGREEMENT
Employment Agreement • March 20th, 2008 • Expressjet Holdings Inc • Air transportation, scheduled • Texas

THIS EMPLOYMENT AGREEMENT (“Agreement”) is made by and betweenEXPRESSJET AIRLINES, INC., a Delaware corporation (“Company”), and JAMES E. NIDES (“Employee”), and is joined in solely for the purposes specified in Section 5.13 by CONTINENTAL AIRLINES, INC., a Delaware corporation (“Continental”).

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SECOND AMENDMENT TO AMENDED AND RESTATED CAPACITY PURCHASE AGREEMENT among Continental Airlines, Inc., ExpressJet Holdings, Inc., XJT Holdings, Inc., and ExpressJet Airlines, Inc. Dated as of December 9, 2003
Capacity Purchase Agreement • February 13th, 2004 • Expressjet Holdings Inc • Air transportation, scheduled • Texas

This SECOND AMENDMENT TO AMENDED AND RESTATED CAPACITY PURCHASE AGREEMENT (this "Agreement"), dated as of December 9, 2003, is among Continental Airlines, Inc., a Delaware corporation ("Continental"), ExpressJet Holdings, Inc., a Delaware corporation ("Holdings"), XJT Holdings, Inc., a Delaware corporation and a wholly-owned subsidiary of Holdings ("XJT"), and ExpressJet Airlines, Inc., a Delaware corporation and a subsidiary of XJT ("ExpressJet").

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AMENDMENT Nº 30 TO PURCHASE AGREEMENT GPJ-003/96
Purchase Agreement • April 16th, 2004 • Expressjet Holdings Inc • Air transportation, scheduled

This Amendment No. 30 (“Amendment 30”) dated as of January 12, 2004 is between EMBRAER - Empresa Brasileira de Aeronáutica S.A. (“EMBRAER”) and ExpressJet Airlines, Inc., formerly known as New ExpressJet Airlines, Inc. (as assignee from ExpressJet Airlines, Inc. formerly known as Continental Express, Inc.) (“BUYER”), collectively hereinafter referred to as the “PARTIES”, and relates to Purchase Agreement No. GPJ-003/96, dated as of August 5, 1996 as amended from time to time together with its Attachments (collectively referred to as the “Base Agreement”) and Letter Agreements GPJ-004/96 dated August 5, 1996 and PCJ-004A/96 dated August 31, 1996 between EMBRAER and BUYER as amended from time to time (together with the Base Agreement, collectively referred to herein as the “Purchase Agreement” or the "Agreement") for the purchase of up to two hundred and forty five (245) new EMB-145 aircraft (the “AIRCRAFT”).

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EXHIBIT 10.6 EMPLOYEE BENEFITS SEPARATION AGREEMENT
Employee Benefits Separation Agreement • April 17th, 2002 • Expressjet Holdings Inc • Air transportation, scheduled • Texas
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AMENDMENT TO EMPLOYMENT AGREEMENT
Employment Agreement • March 15th, 2005 • Expressjet Holdings Inc • Air transportation, scheduled

THIS AMENDMENT TO EMPLOYMENT AGREEMENT(this “Amendment”) is made by and between EXPRESSJET HOLDINGS, INC., a Delaware corporation (“Company”), and JERRY E. LOSNESS (“Executive”).

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EXPRESSJET HOLDINGS, INC.
Expressjet Holdings Inc • May 14th, 2002 • Air transportation, scheduled

You currently have Flight Privileges pursuant to your employment agreement with ExpressJet Holdings, Inc. (the "Company"), to which Continental Airlines, Inc. ("Continental") is a party for certain purposes. Capitalized terms used in this letter agreement are used with the same meanings ascribed to them in your employment agreement.

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September 22, 2004
Expressjet Holdings Inc • October 22nd, 2004 • Air transportation, scheduled

In September 2004, the Board of Directors of ExpressJet Holdings, Inc. (the “Company”) granted certain flight benefits to the non-employee members of the Board of Directors of the Company. The purpose of this letter agreement, as contemplated and authorized by such resolutions, is to set forth the contractual obligations of the parties with respect to such flight benefits. This letter agreement comprises the sole agreement between you and the Company relating to such flight benefits and supersedes any prior arrangements, understandings and agreements between us with respect thereto.

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SEVERANCE AGREEMENT AND RELEASE
Severance Agreement and Release • March 2nd, 2010 • Expressjet Holdings Inc • Air transportation, scheduled • Texas

Karen P. Miles (“Employee”) and ExpressJet Airlines, Inc. ("ExpressJet" or "the Company") enter this Severance Agreement and Release ("Agreement"). ExpressJet and Employee wish to sever amicably their employment relationship at the time of Employee’s retirement, following a transition period, on mutually agreeable terms as set forth in detail below.

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AMENDment to EMPLOYMENT AGREEMENT
Employment Agreement • March 20th, 2008 • Expressjet Holdings Inc • Air transportation, scheduled

This Amendment to Employment Agreement (this “Amendment”) is made by and between ExpressJet Airlines, Inc., a Delaware corporation (“Company”), andJames E. Nides (“Employee”).

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SECOND AMENDED AND RESTATED CAPACITY PURCHASE AGREEMENT among Continental Airlines, Inc., ExpressJet Holdings, Inc., XJT Holdings, Inc. and ExpressJet Airlines, Inc. Dated as of June 5, 2008
Capacity Purchase Agreement • August 8th, 2008 • Expressjet Holdings Inc • Air transportation, scheduled • Texas

[“XXX” REPRESENTS CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT.]

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AMENDMENT Nº 4 TO LETTER OF AGREEMENT GPJ-004/96
Letter of Agreement • April 16th, 2004 • Expressjet Holdings Inc • Air transportation, scheduled

This Amendment No. 4 to Letter of Agreement GPJ-004/96, dated as of January 12, 2004 (this “Amendment 4”) relates to Letter of Agreement GPJ-004/96 dated August 5, 1996, as amended from time to time (“Letter 004/96”) between EMBRAER - Empresa Brasileira de Aeronáutica S.A. (“EMBRAER”) and ExpressJet Airlines, Inc., formerly known as New ExpressJet Airlines, Inc. (as assignee from ExpressJet Airlines, Inc. formerly known as Continental Express, Inc.) (“BUYER”), and concerns Purchase Agreement No. GPJ-003/96 (the “Purchase Agreement”) dated August 5, 1996 as amended from time to time. This Amendment 4 is between EMBRAER and BUYER, collectively referred to herein as the “PARTIES”.

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TAX AGREEMENT BY AND BETWEEN
Tax Agreement • April 17th, 2002 • Expressjet Holdings Inc • Air transportation, scheduled • Texas
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EXPRESSJET AIRLINES, INC.
Expressjet Holdings Inc • March 20th, 2008 • Air transportation, scheduled

You currently have Flight Privileges pursuant to your employment agreement with ExpressJet Airlines, Inc. (the “Company”), to which Continental Airlines, Inc. (“Continental”) is a party for certain purposes. Capitalized terms used in this letter agreement are used with the same meanings ascribed to them in your employment agreement.

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ExpressJet Holdings, Inc. XJT Holdings, Inc. ExpressJet Airlines, Inc. Attn.: Frederick S. Cromer Chief Financial Officer 1600 Smith Street, HQSC Houston, TX 77002 Fourth Amendment to the Capacity Purchase Agreement Ladies and Gentlemen: As you are...
Expressjet Holdings Inc • March 15th, 2005 • Air transportation, scheduled
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AMENDED AND RESTATED TAX AGREEMENT BY AND BETWEEN CONTINENTAL AIRLINES, INC., EXPRESSJET HOLDINGS, INC. AND EXPRESSJET AIRLINES, INC. TAX AGREEMENT
Tax Agreement • July 23rd, 2002 • Expressjet Holdings Inc • Air transportation, scheduled • Texas

This AMENDED AND RESTATED TAX AGREEMENT (this “Agreement”), dated July 22, 2002, to be effective as of the Deconsolidation Date (as defined below) as determined for federal income tax purposes, is by and between Continental Airlines, Inc., a Delaware corporation (“Continental”), ExpressJet Holdings, Inc., a Delaware corporation (“Holdings”), and ExpressJet Airlines, Inc. (“ExpressJet Airlines”), a Delaware corporation (formerly known as New ExpressJet Airlines, Inc.).

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EXHIBIT 10.5 REGISTRATION RIGHTS AGREEMENT This REGISTRATION RIGHTS AGREEMENT (this "Agreement"), is made and entered into as of ________ __, 2002, between Continental Airlines, Inc., a Delaware corporation ("Continental"), and ExpressJet Holdings,...
Registration Rights Agreement • April 8th, 2002 • Expressjet Holdings Inc • Air transportation, scheduled • Texas
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