ContractWarrant Agreement • April 2nd, 2007 • Kitty Hawk Inc • Air transportation, nonscheduled • New York
THIS WARRANT AND THE SHARES OF COMMON STOCK ISSUABLE UPON EXERCISE OF THIS WARRANT HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. THIS WARRANT AND THE COMMON STOCK ISSUABLE UPON EXERCISE OF THIS WARRANT MAY NOT BE SOLD, OFFERED FOR SALE, PLEDGED OR HYPOTHECATED IN THE ABSENCE OF AN EFFECTIVE REGISTRATION STATEMENT AS TO THIS WARRANT UNDER SAID ACT AND ANY APPLICABLE STATE SECURITIES LAWS OR AN OPINION OF COUNSEL REASONABLY SATISFACTORY TO KITTY HAWK, INC. THAT SUCH REGISTRATION IS NOT REQUIRED.
SECURITY AGREEMENT LAURUS MASTER FUND, LTD. KITTY HAWK, INC. KITTY HAWK CARGO, INC. KITTY HAWK AIRCARGO, INC. KITTY HAWK GROUND, INC. and KH GROUND, INC. Dated: March 29, 2007Security Agreement • April 2nd, 2007 • Kitty Hawk Inc • Air transportation, nonscheduled • New York
This Security Agreement is made as of March 29, 2007 by and among LAURUS MASTER FUND, LTD., a Cayman Islands company (“Laurus”), KITTY HAWK, INC., a Delaware corporation (the “Parent”), and each party listed on Exhibit A attached hereto (each an “Eligible Subsidiary” and collectively, the “Eligible Subsidiaries”) the Parent and each Eligible Subsidiary, each a “Company” and collectively, the “Companies”).
AMENDMENT NO. 1 TO RIGHTS AGREEMENTRights Agreement • April 2nd, 2007 • Kitty Hawk Inc • Air transportation, nonscheduled • Delaware
AMENDMENT NO. 1 TO RIGHTS AGREEMENT (this “Amendment”) dated as of November 9, 2005 by and between Kitty Hawk, Inc., a Delaware corporation (the “Company”), and American Stock Transfer & Trust Company (the “Rights Agent”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • April 2nd, 2007 • Kitty Hawk Inc • Air transportation, nonscheduled • New York
This Agreement is made pursuant to the Security Agreement, dated as of March ___, 2007, by and among the Purchaser, the Company and various subsidiaries of the Company party thereto (as amended, modified or supplemented from time to time, the “Security Agreement”), and pursuant to the Note and the Warrants referred to therein.
