Exhibit 99.12
FIFTH AMENDMENT TO
XXXX 206B JETRANGER III
HELICOPTER LEASE AGREEMENT
This Fifth Amendment to Xxxx 206B JetRanger III Lease Agreement (the
"Fifth Amendment") is made and entered into as of this 1st day of November
2002, by and between Betaco, Inc., a Delaware corporation ("Lessor"), and
American Trans Air, Inc., an Indiana corporation ("Lessee").
Recitals
A. On September 14, 1989, the parties entered into a Xxxx 206B
JetRanger III Helicopter Lease Agreement (the "Lease Agreement") regarding
Lessor's lease of a certain Xxxx 206B JetRanger III helicopter, Serial Xx.
0000, Xxxxxxxxxxxx Xx. X00000 (the "Aircraft") to Lessee.
B. The Lease Agreement was amended several times to extend the term
of the Lease Agreement and/or to modify the rental amount.
C. The parties now desire to modify the term and rental provisions
of the Lease Agreement.
Agreement
NOW, THEREFORE, in consideration of the mutual covenants and
agreements herein contained, the parties hereto agree as follows:
1. Section 1, "Term," of the Lease Agreement shall be deleted and
shall be replaced in its entirety by the following:
"1. Term. The Term of this Lease shall commence on the date hereof
and remain in effect through and including November 1, 2005."
2. Section 2A of the Lease Agreement, "Rental and Other Charges,"
shall be deleted and shall be replaced in its entirety by the following:
"A. The sum of Three Thousand Five Hundred Dollars ($3,500.00) per
month in advance for each month during the term hereof."
3. All other terms and conditions of the Lease Agreement, as
amended, shall remain in full force and effect.
2
IN WITNESS WHEREOF, the parties have authorized this Fifth Amendment
to be executed by their respective officers as of the day and year first above
written.
BETACO, INC.
By
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J. Xxxxxx Xxxxxxxxx, President
AMERICAN TRANS AIR, INC.
By
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Xxxxx X. Xxxx, Secretary
