Common Contracts

Third Amendment to the Second Amended and Restated Capacity Purchase Agreement

Capacity Purchase Agreement • March 1st, 2010

• Contract Type
  Capacity Purchase Agreement
• Filed
  March 1st, 2010

This third amendment (this “Amendment”) to that certain Second Amended and Restated Capacity Purchase Agreement among Continental Airlines, Inc. (“Continental”), ExpressJet Holdings, Inc. (“Holdings”), XJT Holdings, Inc. (“XJT”) and ExpressJet Airlines, Inc. (“ExpressJet” and, collectively with Holdings and XJT, “Contractor”) dated as of June 5, 2008, as previously amended by the parties (the “Agreement”) is entered into this 22nd day of December, 2009 by and between Continental and Contractor. Except as otherwise specified herein, capitalized terms shall have the meanings ascribed in the Agreement.