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.
EXPRESSJET HOLDINGS, INC., AS ISSUER, EXPRESSJET AIRLINES, INC. AS GUARANTOR AND BANK ONE, N.A., AS TRUSTEE 4.25% Convertible Notes due 2023Indenture • August 8th, 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”).
EXPRESSJET HOLDINGS, INC. 4.25% Convertible Notes Due 2023 Purchase AgreementPurchase Agreement • August 8th, 2003 • Expressjet Holdings Inc • Air transportation, scheduled • New York
ExpressJet Holdings, Inc. a Delaware corporation (the “Company”), proposes to issue and sell to the several parties named in Schedule I hereto (the “Initial Purchasers”), for whom you (the “Representatives”) are acting as representatives, $125,000,000 principal amount of its 4.25% Convertible Notes Due 2023 (the “Firm Notes”). The Company also proposes to grant to the Initial Purchasers an option to purchase up to $18,750,000 additional principal amount of such Notes (the “Option Notes” and, together with the Firm Notes, the “Notes”). The Notes will be issued with a guarantee (collectively, the “Guarantee”) endorsed thereon of ExpressJet Airlines, Inc., a Delaware Corporation (“ExpressJet Airlines”), as guarantor. The Firm Notes, together with the Guarantee endorsed thereon, are collectively referred to herein as the “Firm Securities,” the Option Notes, together with the Guarantee endorsed thereon, are collectively referred to herein as the “Option Securities,” and the Firm Securities,
STOCK REPURCHASE AGREEMENTStock Repurchase Agreement • August 8th, 2003 • Expressjet Holdings Inc • Air transportation, scheduled • Texas
This STOCK REPURCHASE AGREEMENT (this “Agreement”), dated as of July 30, 2003, by and between EXPRESSJET HOLDINGS, INC., a Delaware corporation (“ExpressJet”), and CONTINENTAL AIRLINES, INC., a Delaware corporation (“Continental”).
