Form of Equity Issuance Agreement A form of Equity Issuance Agreement substantially in this format will be provided to certain lessors and lenders.Letter Agreement • May 16th, 2005 • Flyi Inc • Air transportation, scheduled
This letter agreement (the “Agreement”) supplements one or more Agreement to Amend Operative Documents (“AAOD”) executed by the parties. In consideration for the agreements of the undersigned [Owner/Loan] Participant (as defined in the AAOD) (“Beneficiary”) set forth in the AAOD, and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, FLYi, Inc. (“FLYi”) and Beneficiary agree as follows. Capitalized terms that are not defined in this Agreement shall have the meanings given to them in the AAOD.
Omnibus Amendment AgreementOmnibus Amendment Agreement • May 16th, 2005 • Flyi Inc • Air transportation, scheduled • New York
This omnibus amendment agreement (this “Agreement”) dated as of January 7, 2005 is made with respect to (i) each of the ten Lease Agreements described on Schedule 1 hereto (each a “Subject Lease”), each between INDEPENDENCE AIR, INC. (the “Lessee”) (formerly known as Atlantic Coast Airlines) as lessee, and WACHOVIA BANK, NATIONAL ASSOCIATION, as owner trustee (the “Owner Trustee” or “Lessor”) under the applicable Trust Agreement described on Schedule 1 hereto, as lessor, (ii) each of the Bombardier model CL-600-2B19 aircraft identified on Schedule 1 hereto (the “Subject Aircraft”), each of which is leased by the Owner Trustee to the Lessee under one of the Subject Leases, (iii) each of the Participation Agreements (as respectively defined in each Subject Lease) (each a “Participation Agreement” and, together with the Subject Leases, the Subject Mortgages (as defined below) and the other Operative Documents (as respectively defined in each of the Subject Leases), the “Subject Operative
LOAN AGREEMENT DATED AS OF FEBRUARY 17, 2005 BETWEEN INDEPENDENCE AIR, INC., AS BORROWER AND GENERAL ELECTRIC CAPITAL CORPORATION, AS ADMINISTRATIVE AGENT AND AS LENDER AND THE LENDERS FROM TIME TO TIME PARTY HERETOLoan Agreement • May 16th, 2005 • Flyi Inc • Air transportation, scheduled • New York
ContractMilestone Agreement • May 16th, 2005 • Flyi Inc • Air transportation, scheduled • New York
Pursuant to 17 CFR 240.24b-2, confidential information (indicated by [***]) has been omitted and has been filed separately with the Securities and Exchange Commission pursuant to a Confidential Treatment Application filed with the Commission.
ContractResidual Value Agreement • May 16th, 2005 • Flyi Inc • Air transportation, scheduled • New York
Pursuant to 17 CFR 240.24b-2, confidential information (indicated by [***]) has been omitted and has been filed separately with the Securities and Exchange Commission pursuant to a Confidential Treatment Application filed with the Commission.
