Common use of Limitation on Amendment Clause in Contracts

Limitation on Amendment. Except as expressly modified by this Letter Agreement, all of the terms and provisions of the Lease remain in full force and effect and are hereby ratified and confirmed by the parties. Please indicate your acceptance of and agreement with the terms set forth in this Letter Agreement by signing in the space provided below and return one fully-executed counterpart of this Letter Agreement to Lessor. Very truly yours, CASTLE HARBOUR LEASING INC. By: /s/ Xxxxxxx X. Xxxxx ------------------------ Name: Xxxxxxx X. Xxxxx ------------------------ Title: Vice President ------------------------ ACKNOWLEDGED AND AGREED. ALOHA AIRLINES, INC. By: ---------------------------- Name: ---------------------------- Title: ---------------------------- By: ---------------------------- Name: ---------------------------- Title: ---------------------------- Please indicate your acceptance of and agreement with the terms set forth in this Letter Agreement by signing in the space provided below and return one fully-executed counterpart of this Letter Agreement to Lessor. Very truly yours, CASTLE HARBOUR LEASING INC. By: ------------------------ Name: ------------------------ Title: ------------------------ ACKNOWLEDGED AND AGREED. ALOHA AIRLINES, INC. By: /s/ X. X. Xxxxxx ---------------------------- Name: Xxxxx X. Xxxxxx ---------------------------- Title: President & CEO ---------------------------- By: /s/ Xxxxx X. Xxxx ---------------------------- Name: Xxxxx X. Xxxx ---------------------------- Title: Sr. VP Planning & Business Development ---------------------------- LEASE SUPPLEMENT NO. 1 LEASE SUPPLEMENT NO. 1, dated March 23, 2001 between Castle Harbour Leasing Inc., a corporation organized under the laws of the State of Delaware ("Lessor"), and Aloha Airlines, Inc., a corporation organized under the laws of the State of Delaware ("Lessee"). Lessor and Lessee have previously entered into that certain Aircraft Lease Agreement dated as of May 12, 2000, including the Common Terms Agreement as defined therein (collectively, herein referred to as the "Agreement" and the defined terms therein being hereinafter used with the same meaning). The Agreement provides for the execution and delivery from time to time of a Lease Supplement substantially in the form hereof for the purpose of leasing the aircraft described below under the Agreement as and when delivered by Lessor to Lessee in accordance with the terms thereof. The Agreement and this Lease Supplement relate to the Aircraft, Engines and Parts as more precisely described below and in the Certificate of Technical Acceptance. A counterpart of the Agreement is attached hereto and this Lease Supplement and the Agreement shall form one document. In consideration of the premises and other good and sufficient consideration, Lessor and Lessee hereby agree as follows:

Limitation on Amendment. Except as expressly modified by this Letter Agreement, all of the terms and provisions of the Lease remain in full force and effect and are hereby ratified and confirmed by the parties. Please indicate your acceptance of and agreement with the terms set forth in this Letter Agreement by signing in the space provided below and return one fully-executed counterpart of this Letter Agreement to Lessor. Very truly yours, CASTLE HARBOUR LEASING INC. By: /s/ Xxxxxxx X. Xxxxx ------------------------ -------------------------------- Name: Xxxxxxx X. Xxxxx ------------------------ -------------------------------- Title: Vice President ------------------------ -------------------------------- ACKNOWLEDGED AND AGREED. ALOHA AIRLINES, INC. By: ---------------------------- -------------------------------- Name: ---------------------------- -------------------------------- Title: ---------------------------- -------------------------------- By: ---------------------------- -------------------------------- Name: ---------------------------- -------------------------------- Title: ---------------------------- -------------------------------- Please indicate your acceptance of and agreement with the terms set forth in this Letter Agreement by signing in the space provided below and return one fully-executed counterpart of this Letter Agreement to Lessor. Very truly yours, CASTLE HARBOUR LEASING INC. By: ------------------------ -------------------------------- Name: ------------------------ -------------------------------- Title: ------------------------ -------------------------------- ACKNOWLEDGED AND AGREED. ALOHA AIRLINES, INC. By: /s/ X. X. Xxxxxx ---------------------------- -------------------------------- Name: Xxxxx X. Xxxxxx ---------------------------- -------------------------------- Title: President & CEO ---------------------------- -------------------------------- By: /s/ Xxxxx X. Xxxx ---------------------------- -------------------------------- Name: Xxxxx X. Xxxx ---------------------------- -------------------------------- Title: Sr. SR VP Planning & Business Development ---------------------------- Dev -------------------------------- LEASE SUPPLEMENT NO. 1 LEASE SUPPLEMENT NO. 1, dated March 2329, 2001 between Castle Harbour Leasing Inc., a corporation organized under the laws of the State of Delaware ("Lessor"), and Aloha Airlines, Inc., a corporation organized under the laws of the State of Delaware ("Lessee"). Lessor and Lessee have previously entered into that certain Aircraft Lease Agreement dated as of May 12, 2000, including the Common Terms Agreement as defined therein (collectively, herein referred to as the "Agreement" and the defined terms therein being hereinafter used with the same meaning). The Agreement provides for the execution and delivery from time to time of a Lease Supplement substantially in the form hereof for the purpose of leasing the aircraft described below under the Agreement as and when delivered by Lessor to Lessee in accordance with the terms thereof. The Agreement and this Lease Supplement relate to the Aircraft, Engines and Parts as more precisely described below and in the Certificate of Technical Acceptance. A counterpart of the Agreement is attached hereto and this Lease Supplement and the Agreement shall form one document. In consideration of the premises and other good and sufficient consideration, Lessor and Lessee hereby agree as follows:

Limitation on Amendment. Except as expressly modified by this Letter Agreement, all of the terms and provisions of the Lease remain in full force and effect and are hereby ratified and confirmed by the parties. Please indicate your acceptance of and agreement with the terms set forth in this Letter Agreement by signing in the space provided below and return one fully-executed counterpart of this Letter Agreement to Lessor. Very truly yours, CASTLE HARBOUR LEASING INC. By: /s/ Xxxxxxx X. Xxxxx ------------------------ ----------------------- Name: Xxxxxxx X. Xxxxx ------------------------ ----------------------- Title: Vice President ------------------------ ----------------------- ACKNOWLEDGED AND AGREED. ALOHA AIRLINES, INC. By: ---------------------------- Name: ---------------------------- Title: ---------------------------- By: ---------------------------- Name: ---------------------------- Title: ---------------------------- Please indicate your acceptance of and agreement with the terms set forth in this Letter Agreement by signing in the space provided below and return one fully-executed counterpart of this Letter Agreement to Lessor. Very truly yours, CASTLE HARBOUR LEASING INC. By: ------------------------ ------------------------------ Name: ------------------------ ------------------------------ Title: ------------------------ ------------------------------ ACKNOWLEDGED AND AGREED. ALOHA AIRLINES, INC. By: /s/ Xxxxxx X. X. Xxxxxx ---------------------------- Xxxxxxxxx -------------------------- Name: Xxxxx Xxxxxx X. Xxxxxx ---------------------------- Xxxxxxxxx -------------------------- Title: President Exec. VP & CEO ---------------------------- CFO -------------------------- By: /s/ Xxxxx X. Xxxx ---------------------------- -------------------------- Name: Xxxxx X. Xxxx ---------------------------- -------------------------- Title: Sr. VP Planning & Business Development ---------------------------- LEASE SUPPLEMENT NO. 1 LEASE SUPPLEMENT NO. 1, dated -------------------------- March 23, 2001 between Castle Harbour Leasing Inc., a corporation organized under the laws of the State of Delaware ("Lessor"), and Aloha Airlines, Inc.Inc. 000 Xxxxx Xxxxxx Xxxxxxxx, a corporation organized under the laws of the State of Delaware ("Lessee"). Lessor Xxxxxx 00000 Attn: Executive Vice President and Lessee have previously entered into that certain Chief Financial Officer Re: Aircraft Lease Agreement dated as of May 12, 20002000 between Aviation Financial Services Inc. ("AFSI"), including as lessor, and Aloha Airlines, Inc., as Lessee ("LESSEE"), in respect of One Boeing 737-700 Aircraft Bearing MSN 28640 and U.S. Reg. No. N740AL, which incorporates the terms of that certain Common Terms Agreement dated as defined therein of May 12, 2000 between General Electric Capital Corporation and Aloha Airlines, Inc. (i) as modified by that certain Letter Agreemnet dated May 12, 2000 between AFSI and Lessee, (ii) as assigned and novated by that certain Aircraft Lease Novation and Amendment Agreement among AFSI, as existing lessor, Castle Harbour Leasing Inc., as new lessor ("Lessor"), and Lessee, and (iii) as modified by that certain Letter Agreement dated March 20, 2001 (collectively, herein referred to and as the "Agreement" and the defined terms therein being hereinafter used with the same meaning). The Agreement provides for the execution and delivery amended or supplemented from time to time of a Lease Supplement substantially time, the "LEASE") Ladies and Gentlemen: We refer to the Lease, as defined above, and capitalized terms used without definition herein have the meanings assigned to them in the form hereof for the purpose of leasing the aircraft described below under the Agreement as and when delivered by Lessor to Lessee in accordance with the terms thereofLease. The Agreement and this Lease Supplement relate to the Aircraft, Engines and Parts as more precisely described below and in the Certificate of Technical Acceptance. A counterpart of the Agreement is attached hereto and this Lease Supplement and the Agreement shall form one document. In consideration of the premises and other good and sufficient consideration, Lessor and Lessee hereby agree desire to enter into this Letter Agreement in order to document their mutual understanding in respect of the determination of the actual amount of Rent pursuant to Part III of Schedule B to the Lease as follows:well as in respect of an undertaking by Lessee with respect to a legal opinion.

Limitation on Amendment. Except as expressly modified by this Letter Agreement, all of the terms and provisions of the Lease remain in full force and effect and are hereby ratified and confirmed by the parties. Please indicate your acceptance of and agreement with the terms set forth in this Letter Agreement by signing in the space provided below and return one fully-executed counterpart of this Letter Agreement to Lessor. Very truly yours, CASTLE HARBOUR LEASING INC. By: /s/ Xxxxxxx X. Xxxxx ------------------------ ------------------------- Name: Xxxxxxx X. Xxxxx ------------------------ ------------------------- Title: Vice President ------------------------ ------------------------- ACKNOWLEDGED AND AGREED. ALOHA AIRLINES, INC. By: ---------------------------- --------------------------- Name: ---------------------------- --------------------------- Title: ---------------------------- --------------------------- By: ---------------------------- --------------------------- Name: ---------------------------- --------------------------- Title: ---------------------------- --------------------------- Please indicate your acceptance of and agreement with the terms set forth in this Letter Agreement by signing in the space provided below and return one fully-executed counterpart of this Letter Agreement to Lessor. Very truly yours, CASTLE HARBOUR LEASING INC. By: ------------------------ --------------------------- Name: ------------------------ --------------------------- Title: ------------------------ --------------------------- ACKNOWLEDGED AND AGREED. ALOHA AIRLINES, INC. By: /s/ Xxxxxx X. X. Xxxxxx Xxxxxxxxx ---------------------------- Name: Xxxxx Xxxxxx X. Xxxxxx Xxxxxxxxx ---------------------------- Title: EXECUTIVE Vice President & CEO CFO ---------------------------- By: /s/ Xxxxx X. Xxxx ---------------------------- Name: Xxxxx X. Xxxx ---------------------------- Title: Sr. VP Senior Vice President ---------------------------- Planning & Business Development ---------------------------- EXECUTION VERSION ----------------- AMENDMENT TO AIRCRAFT LEASE SUPPLEMENT NO. 1 LEASE SUPPLEMENT NO. 1, dated March 23COMMON TERMS AGREEMENT Dated December 14, 2001 between Castle Harbour Leasing Inc.GENERAL ELECTRIC CAPITAL CORPORATION as Lessor and ALOHA AIRLINES, INC. as Lessee THIS AMENDMENT TO AIRCRAFT LEASE COMMON TERMS AGREEMENT is made on December 14, 2001 (this "AGREEMENT") BETWEEN: GENERAL ELECTRIC CAPITAL CORPORATION, a corporation organized company incorporated under the laws of the State of Delaware whose principal office is at 000 Xxxx Xxxxx Xxxx, Xxxxxxxx, XX 00000, X.X.X. ("LessorGE CAPITAL"); and ALOHA AIRLINES, and Aloha Airlines, Inc.INC., a corporation organized company incorporated under the laws of the State Delaware whose principal place of Delaware business is at 000 Xxxxx Xxxxxx, Xxxxxxxx, XX 00000, X.X.X. and its chief executive office at 500 Ala Moana Blvd., Two Xxxxxxxxxx Xxxxx, Xxxxx 000, Xxxxxxxx, XX 00000, X.X.X. ("LesseeALOHA"). Lessor and Lessee have previously entered into that certain Aircraft Lease Agreement dated as of May 12, 2000, including the Common Terms Agreement as defined therein (collectively, herein referred to as the "Agreement" and the defined terms therein being hereinafter used with the same meaning). The Agreement provides for the execution and delivery from time to time of a Lease Supplement substantially in the form hereof for the purpose of leasing the aircraft described below under the Agreement as and when delivered by Lessor to Lessee in accordance with the terms thereof. The Agreement and this Lease Supplement relate to the Aircraft, Engines and Parts as more precisely described below and in the Certificate of Technical Acceptance. A counterpart of the Agreement is attached hereto and this Lease Supplement and the Agreement shall form one document. In consideration of the premises and other good and sufficient consideration, Lessor and Lessee hereby agree as follows:.