0001144331-09-000024 Sample Contracts

FIRST AMENDMENT TO AGREEMENT
First Amendment to Agreement • March 27th, 2009 • Expressjet Holdings Inc • Air transportation, scheduled

This FIRST AMENDMENT TO AGREEMENT (this “Amendment”), dated as of March 25, 2009 (the “Effective Date”), is made by and among ExpressJet Holdings, Inc., a Delaware corporation (the “Company”), and Hayman Investments, L.L.C. (“Hayman Investments”), Hayman Advisors, L.P. (“Hayman Advisors”), Hayman Capital Master Fund, L.P. (“Hayman Master Fund”), and J. Kyle Bass (“Bass”) (each of Hayman Investments, Hayman Advisors, Hayman Master Fund, and Bass a “Hayman Party” and collectively, the “Hayman Parties”).

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