1 EXHIBIT 10.8(a) 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
26,000,000 Shares Common Stock ($0.01 par value)Underwriting Agreement • April 8th, 2002 • Expressjet Holdings Inc • Air transportation, scheduled • New York
WITNESSETH:Employment Agreement • April 8th, 2002 • Expressjet Holdings Inc • Air transportation, scheduled • Texas
AMENDED & RESTATED RIGHTS AGREEMENTRights Agreement • April 8th, 2002 • Expressjet Holdings Inc • Air transportation, scheduled • New York
EXHIBIT 10.21 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding, by and among Continental Airlines, Inc., a Delaware corporation ("Continental"), ExpressJet Holdings, Inc., a Delaware corporation ("Holdings"), and ExpressJet Airlines, Inc.,...Memorandum of Understanding • April 8th, 2002 • Expressjet Holdings Inc • Air transportation, scheduled
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
EXPRESSJET HOLDINGS, INC., MELLON INVESTOR SERVICES LLC, as Rights Agent, and CONTINENTAL AIRLINES, INC. AMENDED & RESTATED RIGHTS AGREEMENT Dated as of April 1, 2002Rights Agreement • May 14th, 2002 • Expressjet Holdings Inc • Air transportation, scheduled • New York
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
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
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
WITNESSETH:Employment Agreement • August 23rd, 2001 • Expressjet Holdings Inc • Air transportation, scheduled • Texas
WITNESSETH:Employment Agreement • April 17th, 2002 • Expressjet Holdings Inc • Air transportation, scheduled • Texas
WITNESSETH:Employment Agreement • February 18th, 2003 • Expressjet Holdings Inc • Air transportation, scheduled • Texas
EXHIBIT 10.1 AMENDED AND RESTATED CAPACITY PURCHASE AGREEMENTCapacity Purchase Agreement • April 17th, 2002 • Expressjet Holdings Inc • Air transportation, scheduled • Texas
AGREEMENT AND PLAN OF MERGER among SKYWEST, INC., EXPRESS DELAWARE MERGER CO. and EXPRESSJET HOLDINGS, INC. Dated August 3, 2010Merger Agreement • 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”).
REGISTRATION RIGHTS AGREEMENTRegistration 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.
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
EMPLOYMENT AGREEMENTEmployment 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”).
TAX AGREEMENT, BY AND AMONGTax Agreement • August 23rd, 2001 • Expressjet Holdings Inc • Air transportation, scheduled • Texas
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment 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”).
EXHIBIT 10.6 EMPLOYEE BENEFITS SEPARATION AGREEMENTEmployee Benefits Separation Agreement • April 17th, 2002 • Expressjet Holdings Inc • Air transportation, scheduled • Texas
EXPRESSJET HOLDINGS, INC., AS ISSUER, EXPRESSJET AIRLINES, INC. AS GUARANTOR AND BANK ONE, N.A., AS TRUSTEE 4.25% Convertible Notes due 2023Indenture • September 3rd, 2003 • Expressjet Holdings Inc • 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”).
TAX AGREEMENT BY AND BETWEENTax Agreement • April 17th, 2002 • Expressjet Holdings Inc • Air transportation, scheduled • Texas
AMENDMENT No. 31 TO PURCHASE AGREEMENT No. GPJ-003/96Purchase 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”).
EMPLOYMENT AGREEMENTEmployment 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”).
SECURITY AND COLLATERAL AGENCY AGREEMENT Dated as of July 30, 2008 among EXPRESSJET AIRLINES, INC. as Obligor, and THE BANK OF NEW YORK MELLON, as Collateral AgentSecurity and Collateral Agency Agreement • July 30th, 2008 • Expressjet Holdings Inc • Air transportation, scheduled • New York
This SECURITY AND COLLATERAL AGENCY AGREEMENT (this “Agreement”), dated as of July 30, 2008, is made by and among ExpressJet Holdings, Inc., a Delaware corporation (the “Company”), ExpressJet Airlines, Inc., a Delaware corporation (“Airlines”), and The Bank of New York Mellon, in its capacity as Collateral Agent (in such capacity, “Collateral Agent”) for the Securityholders.
AGREEMENTBoard Representation Agreement • February 25th, 2009 • Expressjet Holdings Inc • Air transportation, scheduled • Delaware
This AGREEMENT, dated as of February 23, 2009 (the “Agreement”), is made by and between ExpressJet Holdings, Inc., a Delaware corporation (the “Company”), and Credit Suisse Securities (USA) LLC, a Delaware limited liability company (“Credit Suisse”).
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, 2003Capacity 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").
AMENDMENT Nº 30 TO PURCHASE AGREEMENT GPJ-003/96Purchase 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”).
CONFIDENTIAL INFORMATION CONTAINED IN THIS EXHIBIT HAS BEEN OMITTED FROM PUBLIC FILING PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT SUBMITTED TO THE U.S. SECURITIES AND EXCHANGE COMMISSION. THE OMITTED INFORMATION, WHICH APPEARS ON 29 PAGES OF...United Express Agreement • April 30th, 2010 • Expressjet Holdings Inc • Air transportation, scheduled • Illinois
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment 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”).
EXPRESSJET HOLDINGS, INC.Employment Agreement • May 14th, 2002 • Expressjet Holdings Inc • 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.
September 22, 2004Flight Benefits Agreement • October 22nd, 2004 • Expressjet Holdings Inc • 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.
SEVERANCE AGREEMENT AND RELEASESeverance Agreement • 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.
AMENDment to EMPLOYMENT AGREEMENTEmployment 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”).
