BOMBARDIER INC. John X. Xxxxxx Xxxector of Contracts Bombardier Aerospace Regional Aircraft ACCEPTED AND AGREED TO: this __ th day of September, 1998 XXXXXXXX XXXXXXXXX XXXLINES, INC. By: ------------------------------------- Georxx X. Xxxxxxx Chairman and Chief Executive Officer Initials Buyer Bombardier ---------- -------- September , 1998
BOMBARDIER INC. Waltxx Xxxxxxxx Director, Contracts ACCEPTED AND AGREED TO: this _________ day of January, 1997 MESA AIR GROUP, INC. By:____________________________________ Title:_________________________________ -2- 47 February 13, 1997 Our Ref: B96-7701-RJTL-CRJ0351-006 Mesa Air Group, Inc. 2325 Xxxx 00xx Xxxxxx Xxxxxxxxxx, Xxx Xxxxxx X.X.X. 00000 Xxxention: Mr. Xxxxx Xxxxxx, Chairman Re: Letter Agreement No. 006 [CONFIDENTIAL PORTION DELETED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION] Gentlemen, Reference is made to Purchase Agreement No. CRJ0351 (the "Agreement") between Bombardier Inc., represented by its Bombardier Regional Aircraft Division ("BRAD") xnd Mesa Air Group, Inc. ("Buyer") for the sale of sixteen (16) Canadair Regional Jet Aircraft (the "Aircraft"). This letter, when accepted and agreed to by Buyer contemporaneously with execution of the Agreement, will become part of the Agreement and will evidence our further agreement with respect to the matters set forth below. All terms used herein and in the Agreement not defined herein, shall have the same meaning as in the Agreement.
BOMBARDIER INC. Waltxx Xxxxxxxx Director, Contracts ACCEPTED AND AGREED TO: this day of January, 1997 ------ MESA AIR GROUP, INC. By -------------------------------------- Title: -------------------------------- -2- 125 BOMBARDIER INC. BOMBARDIER REGIONAL AIRCRAFT DIVISION Garrxxx Xxxxxxxxx Xxxxxxxxx, Xxxxxxx Xxxxxx X0X 0X Telephone (416) 000-0000 January 8, 1997 Our Ref: B96-7701-RJTL-CRJ0351-016 Mesa Air Group, Inc. 2325 Xxxx 00xx Xxxxxx Xxxxxxxxxx, Xxx Xxxxxx X.X.X. 00000 Xxntlemen, Re: Letter Agreement No. 016 (Re: Dispute Resolution Mechanism) Reference is made to Purchase Agreement No. CRJ-0351 (the "Agreement") between Bombardier Inc., represented by its Bombardier Regional Aircraft Division ("BRAD") xnd Mesa Air Group, Inc. ("Buyer") for the sale of sixteen (16) Canadair Regional Jet Aircraft (the "Aircraft"). This letter, when accepted and agreed to by Buyer contemporaneously with execution of the Agreement, will become part of the Agreement and will evidence our further agreement with respect to the matters set forth below. All terms used herein and in the Agreement not defined herein, shall have the same meaning as in the Agreement. SUBJECT: DISPUTE RESOLUTION MECHANISM
BOMBARDIER INC. Name: ------------------------- Title EXHIBIT III CERTIFICATE OF RECEIPT OF AIRCRAFT THE UNDERSIGNED HEREBY ACKNOWLEDGES TO HAVE RECEIVED FROM BOMBARDIER INC., AT THE DORVAL AIRPORT, ADJACENT TO BRAD'S PLANT IN MONTREAL, PROVINCE OF QUEBEC, CANADA, ON THE _________ DAY OF __________, AT THE HOUR OF _________ O'CLOCK, ONE (1) CANADAIR REGIONAL JET AIRCRAFT MODEL CL-600-2B19, BEARING SERIAL NUMBER __________, INCLUDING WITH THE AIRCRAFT TWO (2) CF34-3B1 TURBOFAN ENGINES BEARING MANUFACTURER'S SERIAL NUMBERS _________ & _____________ AND OTHER MAJOR REPLACEABLE ACCESSORIES ATTACHED TO THE AIRCRAFT AND ENGINES. Signed for and on behalf of Midway Airlines Corporation: Per:______________________________________ Title:____________________________________ EXHIBIT IV CHANGE ORDER (PRO FORMA) -------------------------------------------------------------------------------- CONTRACT CHANGE ORDER ================================================================================ PURCHASER: PURCHASE AGREEMENT NO.: AIRCRAFT TYPE:
BOMBARDIER INC. Waltxx Xxxxxxxx Director, Contracts ACCEPTED AND AGREED TO: this day of January, 1997 ---- MESA AIR GROUP, INC. By --------------------------------- Title ------------------------
BOMBARDIER INC. BOMBARDIER AEROSPACE UK LIMITED (3) BOMBARDIER FINANCE INC.
BOMBARDIER INC. (Company No. 8369470), a company incorporated under the laws of Canada whose registered office is at 800, xxxxxxxxx Xxxx-Xxxxxxxx Xxxx, Montréal, Québec, H3B 1Y8, Canada (BI);
BOMBARDIER INC. Per: --------------------- Title: -------------------
BOMBARDIER INC. REPRESENTS AND WARRANTS TO BUYER:
(i) THAT BOMBARDIER INC. HAS GOOD AND MARKETABLE TITLE TO THE AIRCRAFT AND THE GOOD AND LAWFUL RIGHT TO THE AIRCRAFT AND THE GOOD AND LAWFUL RIGHT TO SELL THE SAME; AND
(ii) THAT GOOD AND MARKETABLE TITLE TO THE AIRCRAFT IS HEREBY DULY VESTED IN BUYER FREE AND CLEAR OF ALL CLAIMS, LIENS, ENCUMBRANCES AND RIGHTS OF OTHERS OF ANY NATURE EXCEPT FOR THOSE CLAIMS, LIENS OR ENCUMBRANCES OR RIGHTS OF OTHER CREATED BY CLAIMS THROUGH BUYER. BOMBARDIER INC. HEREBY COVENANTS AND AGREES TO DEFEND SUCH TITLE FOREVER AGAINST ALL CLAIMS AND DEMANDS WHATSOEVER. THIS FULL WARRANTY BILL XX SALE IS GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, UNITED STATES OF AMERICA.
BOMBARDIER INC. Per: -------------------------------------------- Title: -------------------------------------------- -55- 56 EXHIBIT II CONT'D F.A.A. BILL XX SALE -56- 57 EXHIBIT III CERTIFICATE OF RECEIPT OF AIRCRAFT THE UNDERSIGNED HEREBY ACKNOWLEDGES TO HAVE RECEIVED FROM BOMBARDIER INC., IN DORVAL, PROVINCE OF QUEBEC, CANADA, ON THE _____________ DAY OF ______________, AT THE HOUR OF _____________ O'CLOCK, ONE (1) CANADAIR REGIONAL JET AIRCRAFT MODEL CL-600-2C10 INCLUDING WITH THE AIRCRAFT TWO (2) CF34-8C1 TURBOFAN ENGINES BEARING MANUFACTURER'S SERIAL NUMBERS _____________ & __________________. Signed for and on behalf of Atlantic Southeast Airlines, Inc. By: ------------------------------------- Title: ------------------------------------- -57- 58 EXHIBIT IV
