SECOND AMENDED AND RESTATED INVESTMENT AGREEMENT dated as of August 13, 2009 among REPUBLIC AIRWAYS HOLDINGS INC. FRONTIER AIRLINES HOLDINGS, INC., FRONTIER AIRLINES, INC. and LYNX AVIATION, INC.Investment Agreement • August 18th, 2009 • Republic Airways Holdings Inc • Air transportation, scheduled • New York
THIS SECOND AMENDED AND RESTATED INVESTMENT AGREEMENT (together with all exhibits and schedules hereto and as the same may be amended, supplemented or otherwise modified from time to time in accordance with the terms hereof, the “Agreement”), dated as of August 13, 2009, by and among Republic Airways Holdings Inc., a Delaware corporation (the “Investor”), Frontier Airlines Holdings, Inc., a Delaware corporation (the “Company”), Frontier Airlines, Inc., a Colorado corporation (“Frontier Airlines”), and Lynx Aviation, Inc., a Colorado corporation (“Lynx,” and, together with the Company and Frontier Airlines, the “Companies”), and their respective successors, including, as the context may require, on or after the Effective Date, as reorganized pursuant to the Bankruptcy Code.
