EXHIBIT 10.1Stock Purchase Agreement • March 31st, 2005 • Hawaiian Holdings Inc • Air transportation, scheduled • Delaware
TORights Agreement • August 30th, 2002 • Hawaiian Holdings Inc • Air transportation, scheduled • Hawaii
BY AND BETWEENStock Purchase Agreement • December 10th, 2004 • Hawaiian Holdings Inc • Air transportation, scheduled • Delaware
SECURITY AGREEMENT This SECURITY AGREEMENT (this "Agreement") is made this 2 day of June 2005 among the Grantors listed on the signature pages hereof and those additional entities that hereafter become parties hereto by executing the form of...Security Agreement • June 7th, 2005 • Hawaiian Holdings Inc • Air transportation, scheduled • New York
ANDRegistration Rights Agreement • June 7th, 2005 • Hawaiian Holdings Inc • Air transportation, scheduled • Delaware
EXHIBIT 10.1 ------------ REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • August 30th, 2002 • Hawaiian Holdings Inc • Air transportation, scheduled • New York
BY AND AMONGCredit Agreement • June 7th, 2005 • Hawaiian Holdings Inc • Air transportation, scheduled • New York
ARTICLE I JOINDERJoinder Agreement • August 30th, 2002 • Hawaiian Holdings Inc • Air transportation, scheduled • New York
HAWAIIAN HOLDINGS, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • May 23rd, 2023 • Hawaiian Holdings Inc • Air transportation, scheduled • Delaware
This Indemnification Agreement (this “Agreement”) is entered into, effective as of ________________, _____, by and between Hawaiian Holdings, Inc., a Delaware corporation ( “Holdings”), and ____________________ (“Indemnitee”).
NEITHER THIS NOTE NOR THE COMMON STOCK INTO WHICH IT MAY BE CONVERTED HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY OTHER SECURITIES LAWS, AND NEITHER MAY BE SOLD, TRANSFERRED OR OTHERWISE DISPOSED OF UNLESS SO REGISTERED...Hawaiian Holdings Inc • June 7th, 2005 • Air transportation, scheduled • Delaware
SECURITY AGREEMENT This SECURITY AGREEMENT (this "Agreement") is made this 2nd day of June 2005 among the Grantors listed on the signature pages hereof and those additional entities that hereafter become parties hereto by executing the form of...Patent Security Agreement • June 7th, 2005 • Hawaiian Holdings Inc • Air transportation, scheduled • New York
BY AND AMONGCredit Agreement • June 7th, 2005 • Hawaiian Holdings Inc • Air transportation, scheduled • New York
ESCROW AND PAYING AGENT AGREEMENT (Class A) Dated as of May 29, 2013 among WELLS FARGO BANK NORTHWEST, NATIONAL ASSOCIATION, as Escrow Agent CITIGROUP GLOBAL MARKETS INC., GOLDMAN, SACHS & CO. and MORGAN STANLEY & CO. LLC, for themselves and on behalf...Escrow and Paying Agent Agreement • May 31st, 2013 • Hawaiian Holdings Inc • Air transportation, scheduled • New York
ESCROW AND PAYING AGENT AGREEMENT (Class A) dated as of May 29, 2013, (as amended, modified or supplemented from time to time, this “Agreement”) among WELLS FARGO BANK NORTHWEST, NATIONAL ASSOCIATION, a national banking association, as Escrow Agent (in such capacity, together with its successors in such capacity, the “Escrow Agent”); CITIGROUP GLOBAL MARKETS INC., GOLDMAN, SACHS & CO. and MORGAN STANLEY & CO. LLC, for themselves and on behalf of the several Underwriters of the Certificates referred to below (the “Underwriters” and together with their respective transferees and assigns as registered owners of the Certificates, the “Investors”) under the Underwriting Agreement referred to below; WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association, not in its individual capacity except as otherwise expressly provided herein, but solely as trustee (in such capacity, together with its successors in such capacity, the “Pass Through Trustee”) under the Pass Through Trust Ag
REVOLVING CREDIT AGREEMENT (2013-1A) dated as of May 29, 2013 between WILMINGTON TRUST, NATIONAL ASSOCIATION, as Subordination Agent, as Agent and Trustee for the Hawaiian Airlines Pass Through Trust 2013-1A, as Borrower and NATIXIS S.A., ACTING VIA...Revolving Credit Agreement • May 31st, 2013 • Hawaiian Holdings Inc • Air transportation, scheduled • New York
THIS REVOLVING CREDIT AGREEMENT (2013-1A) dated as of May 29, 2013 (the “Agreement”), between WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association, not in its individual capacity but solely as Subordination Agent under the Intercreditor Agreement (each as defined below), as agent and trustee for the Class A Trust (as defined below) (the “Borrower”), and NATIXIS S.A. (“Natixis”), a société anonyme under French law, acting via its New York Branch (the “Liquidity Provider”).
EXHIBIT 10.1 AMENDED AND RESTATED EMPLOYMENT AGREEMENT ----------------------------------------- This AMENDED AND RESTATED EMPLOYMENT AGREEMENT ("Agreement"), effective as of August 18, 2005 (the "EFFECTIVE DATE"), is entered by and between MARK B....Employment Agreement • August 19th, 2005 • Hawaiian Holdings Inc • Air transportation, scheduled • Hawaii
LOAN AND GUARANTEE AGREEMENT dated as of September 25, 2020, and as amended and restated as of October 23, 2020 among HAWAIIAN AIRLINES, INC., as Borrower, the Guarantors party hereto from time to time, THE UNITED STATES DEPARTMENT OF THE TREASURY,...Loan and Guarantee Agreement • October 28th, 2020 • Hawaiian Holdings Inc • Air transportation, scheduled • New York
LOAN AND GUARANTEE AGREEMENT dated as of September 25, 2020 (as amended and restated by the Restatement Agreement, this “Agreement”), among HAWAIIAN AIRLINES, INC., a corporation organized under the laws of Delaware (the “Borrower”), HAWAIIAN HOLDINGS, INC., a corporation organized under the laws of Delaware (the “Parent”), the Guarantors party hereto from time to time, the UNITED STATES DEPARTMENT OF THE TREASURY (“Treasury”) and THE BANK OF NEW YORK MELLON as Administrative Agent and Collateral Agent.
WARRANT AGREEMENTWarrant Agreement • July 29th, 2021 • Hawaiian Holdings Inc • Air transportation, scheduled • New York
Term Location of Definition Affiliate Annex B Agreement Recitals Appraisal Procedure Annex B Board of Directors 2.1(i) Business Combination Annex B Business Day Annex B Capitalization Date 2.1(b) Closing 1.2(a) Common Stock Annex B Company Recitals Company Reports 2.1(j)(i) Exchange Act Annex B Governmental Authority 5.6(a) Holder 4.5(k)(i) Indemnitee 4.5(g)(i) Initial Closing 1.2(a) Lien 5.6(c) Material Adverse Effect 5.6(d) Organizational Documents 5.6(e) Pending Underwritten Offering 4.5(l) Piggyback Registration 4.5(a)(iv) Promissory Note Recitals register; registered; registration 4.5(k)(ii) Registrable Securities 4.5(k)(iii) Registration Commencement Date 4.5(a)(i) Registration Expenses 4.5(k)(iv) Rule 144; Rule 144A; Rule 159A; Rule 405; Rule 415 4.5(k)(v) SEC 2.1(c) Securities Act Annex B Selling Expenses 4.5(k)(vi) Shelf Registration Statement 4.5(a)(ii) Special Registration 4.5(i) Stockholder Proposals 3.1(b) Subsidiary 5.6(f) Transfer 4.4 Treasury Recitals Warrant Closing Da
TRUST SUPPLEMENT No. 2013-1B-O Dated as of May 29, 2013 between WILMINGTON TRUST, NATIONAL ASSOCIATION as Trustee, and HAWAIIAN AIRLINES, INC. to PASS THROUGH TRUST AGREEMENT Dated as of May 29, 2013 Hawaiian Airlines Pass Through Trust 2013-1B-O...Assignment and Assumption Agreement • May 31st, 2013 • Hawaiian Holdings Inc • Air transportation, scheduled • Delaware
PASS THROUGH TRUST AGREEMENT Dated as of May 29, 2013 between HAWAIIAN AIRLINES, INC. and WILMINGTON TRUST, NATIONAL ASSOCIATION, as TrusteeThrough Trust Agreement • May 31st, 2013 • Hawaiian Holdings Inc • Air transportation, scheduled • New York
This PASS THROUGH TRUST AGREEMENT, dated as of May 29, 2013 (this “Basic Agreement”), between HAWAIIAN AIRLINES, INC., a Delaware corporation (the “Company”), and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association, as Trustee, is made with respect to the formation from time to time of separate Hawaiian Airlines Pass Through Trusts, and the issuance from time to time of separate series of Pass Through Certificates representing fractional undivided interests in the respective Trusts.
NEITHER THIS NOTE NOR THE COMMON STOCK INTO WHICH IT MAY BE CONVERTED HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY OTHER SECURITIES LAWS, AND NEITHER MAY BE SOLD, TRANSFERRED OR OTHERWISE DISPOSED OF UNLESS SO REGISTERED...Hawaiian Holdings Inc • June 7th, 2005 • Air transportation, scheduled • Delaware
PAYROLL SUPPORT PROGRAM AGREEMENTPayroll Support Program Agreement • May 7th, 2020 • Hawaiian Holdings Inc • Air transportation, scheduled • New York
This Payroll Support Program Agreement, including the application and all supporting documents submitted by the Recipient and the Payroll Support Certification attached hereto (collectively, Agreement), memorializes the binding terms and conditions applicable to the Recipient.
HAWAIIAN AIRLINES, INC. Hawaiian Airlines Pass Through Certificates, Series 2013-1A-O Hawaiian Airlines Pass Through Certificates, Series 2013-1B-O UNDERWRITING AGREEMENTUnderwriting Agreement • May 15th, 2013 • Hawaiian Holdings Inc • Air transportation, scheduled • New York
Hawaiian Airlines, Inc., a Delaware corporation (the “Company”), proposes that Wilmington Trust, National Association, as trustee under each of the Original Trusts (as defined below) (each, a “Trustee”), issue and sell to the underwriters named in Schedule II hereto Hawaiian Airlines Pass Through Certificates, Series 2013-1A-O (the “Class A Certificates”),
TRUST SUPPLEMENT No. 2013-1B-S Dated as of May 29, 2013 between WILMINGTON TRUST, NATIONAL ASSOCIATION as Trustee, and HAWAIIAN AIRLINES, INC. to PASS THROUGH TRUST AGREEMENT Dated as of May 29, 2013 Hawaiian Airlines Pass Through Trust 2013-1B-S Pass...Through Trust Agreement • May 31st, 2013 • Hawaiian Holdings Inc • Air transportation, scheduled • New York
AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT dated as of August 17, 2022 among HAWAIIAN AIRLINES, INC., as Borrower, HAWAIIAN HOLDINGS, INC., as Parent and a Guarantor, THE SUBSIDIARIES OF THE PARENT PARTY HERETO OTHER THAN THE BORROWER, as...Credit and Guaranty Agreement • October 31st, 2022 • Hawaiian Holdings Inc • Air transportation, scheduled • New York
AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT, dated as of August 17, 2022, among Hawaiian Airlines, Inc., a Delaware corporation (“the “Borrower”), Hawaiian Holdings, Inc., a Delaware corporation (“Parent”), the direct and indirect Domestic Subsidiaries of the Parent from time to time party hereto other than the Borrower, each of the several banks and other financial institutions or entities from time to time party hereto (the “Lenders”), and CITIBANK, N.A. (“Citibank”), as administrative agent for the Lenders (together with its permitted successors in such capacity, the “Administrative Agent”).
WARRANT AGREEMENTWarrant Agreement • May 7th, 2020 • Hawaiian Holdings Inc • Air transportation, scheduled • New York
WARRANT AGREEMENT dated as of April 22, 2020 (this “Agreement”), between HAWAIIAN HOLDINGS, INC., a corporation organized under the laws of Delaware (the “Company”) and the UNITED STATES DEPARTMENT OF THE TREASURY (“Treasury”).
TRANSACTION AGREEMENT Dated as of October 20, 2022 by and between HAWAIIAN HOLDINGS, INC. and AMAZON.COM, INC.Transaction Agreement • November 18th, 2022 • Hawaiian Holdings Inc • Air transportation, scheduled • Delaware
This TRANSACTION AGREEMENT, dated as of October 20, 2022 (this “Agreement”), is by and between Hawaiian Holdings, Inc., a Delaware corporation (the “Company”), and Amazon.com, Inc., a Delaware corporation (“Amazon”).
TRUST INDENTURE AND MORTGAGE [____] Dated as of [____, ____] between HAWAIIAN AIRLINES, INC., Owner, and WILMINGTON TRUST, NATIONAL ASSOCIATION, not in its individual capacity, except as expressly stated herein, but solely as Mortgagee, MortgageeTrust Indenture and Mortgage • May 31st, 2013 • Hawaiian Holdings Inc • Air transportation, scheduled • New York
TRUST INDENTURE AND MORTGAGE [____], dated as of [____, ____] (this “Trust Indenture”), between HAWAIIAN AIRLINES, INC., a Delaware corporation (“Owner”), and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association, not in its individual capacity, except as expressly stated herein, but solely as Mortgagee hereunder (together with its successors hereunder, the “Mortgagee”).
PARTICIPATION AGREEMENT [___] Dated as of [_____________, ____] Among HAWAIIAN AIRLINES, INC., Owner, and WILMINGTON TRUST, NATIONAL ASSOCIATION, Not in its individual capacity except as expressly provided herein, but solely as Mortgagee,...Participation Agreement • May 31st, 2013 • Hawaiian Holdings Inc • Air transportation, scheduled
PARTICIPATION AGREEMENT [____], dated as of [____________, ____] (this “Agreement”), among (a) HAWAIIAN AIRLINES, INC., a Delaware corporation (“Owner”), (b) WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association, not in its individual capacity, except as expressly provided herein, but solely as Mortgagee (in its capacity as Mortgagee, “Mortgagee” and in its individual capacity, “WTNA”), (c) WILMINGTON TRUST, NATIONAL ASSOCIATION, not in its individual capacity, except as expressly provided herein, but solely as Pass Through Trustee under each of the Applicable Pass Through Trust Agreements (each, an “Applicable Pass Through Trustee”) and (d) WILMINGTON TRUST, NATIONAL ASSOCIATION, not in its individual capacity, except as expressly provided herein, but solely as Subordination Agent under the Intercreditor Agreement (“Subordination Agent”).
PAYROLL SUPPORT PROGRAM 3 AGREEMENTPayroll Support • July 29th, 2021 • Hawaiian Holdings Inc • Air transportation, scheduled
Recipient: Hawaiian Airlines, Inc.3375 Koapaka St, Ste G350Honolulu, HI 96819 PSP Participant Number: PSA-2004031118Employer Identification Number: 99-0042880DUNS Number: 00-692-6901 Additional Recipients: N/A Amount of Initial Payroll Support Payment: $89,846,058.49 The Department of the Treasury (Treasury) hereby hereby provides Payroll Support (as defined herein) under section 7301 of the American Rescue Plan Act of 2021. The Signatory Entity named above, on behalf of itself and its Affiliates (as defined herein), agrees to comply with this Agreement and applicable Federal law as a condition of receiving Payroll Support. The Signatory Entity and its undersigned authorized representatives acknowledge that a materially false, fictitious, or fraudulent statement (or concealment or omission of a material fact) in connection with this Agreement may result in administrative remedies as well as civil and/or criminal penalties. The undersigned hereby agree to the attached Payroll Support Pr
March 18, 2011Letter Agreement • March 24th, 2011 • Hawaiian Holdings Inc • Air transportation, scheduled • New York
The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between JPMorgan Chase Bank, National Association (“Dealer”) and Hawaiian Holdings, Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements and serve as the final documentation for the Transaction.
EXHIBIT 10.2Restructuring Support Agreement • March 31st, 2005 • Hawaiian Holdings Inc • Air transportation, scheduled • Hawaii
PASS THROUGH TRUST AGREEMENT Dated as of [ ], 2013 between HAWAIIAN AIRLINES, INC. and WILMINGTON TRUST, NATIONAL ASSOCIATION, as TrusteePass Through Trust Agreement • March 14th, 2013 • Hawaiian Holdings Inc • Air transportation, scheduled • New York
This PASS THROUGH TRUST AGREEMENT, dated as of [ ], 2013 (this “Basic Agreement”), between HAWAIIAN AIRLINES, INC., a Delaware corporation (the “Company”), and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association, as Trustee, is made with respect to the formation from time to time of separate Hawaiian Airlines Pass Through Trusts, and the issuance from time to time of separate series of Pass Through Certificates representing fractional undivided interests in the respective Trusts.
NOTE PURCHASE AGREEMENT BY AND BETWEEN HAWAIIAN HOLDINGS, INC.Note Purchase Agreement • June 7th, 2005 • Hawaiian Holdings Inc • Air transportation, scheduled • Delaware
REVOLVING CREDIT AGREEMENT (2013-1B) dated as of May 29, 2013 between WILMINGTON TRUST, NATIONAL ASSOCIATION, as Subordination Agent, as Agent and Trustee for the Hawaiian Airlines Pass Through Trust 2013-1B, as Borrower and NATIXIS S.A., ACTING VIA...Revolving Credit Agreement • May 31st, 2013 • Hawaiian Holdings Inc • Air transportation, scheduled • New York
THIS REVOLVING CREDIT AGREEMENT (2013-1B) dated as of May 29, 2013 (the “Agreement”), between WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association, not in its individual capacity but solely as Subordination Agent under the Intercreditor Agreement (each as defined below), as agent and trustee for the Class B Trust (as defined below) (the “Borrower”), and NATIXIS S.A. (“Natixis”), a société anonyme under French law, acting via its New York Branch (the “Liquidity Provider”).
PAYROLL SUPPORT PROGRAM EXTENSION AGREEMENTProgram Extension Agreement • February 12th, 2021 • Hawaiian Holdings Inc • Air transportation, scheduled • New York
This Payroll Support Program Extension Agreement, including the application and all supporting documents submitted by the Recipient and the Payroll Support Program Extension Certification attached hereto (collectively, Agreement), memorializes the binding terms and conditions applicable to the Recipient.
