0001172222-20-000085 Sample Contracts

LOAN AND GUARANTEE AGREEMENT dated as of September 25, 2020, and as amended and restated as of October 23, 2020 among HAWAIIAN AIRLINES, INC., as Borrower, the Guarantors party hereto from time to time, THE UNITED STATES DEPARTMENT OF THE TREASURY,...
Loan and Guarantee Agreement • October 28th, 2020 • Hawaiian Holdings Inc • Air transportation, scheduled • New York

LOAN AND GUARANTEE AGREEMENT dated as of September 25, 2020 (as amended and restated by the Restatement Agreement, this “Agreement”), among HAWAIIAN AIRLINES, INC., a corporation organized under the laws of Delaware (the “Borrower”), HAWAIIAN HOLDINGS, INC., a corporation organized under the laws of Delaware (the “Parent”), the Guarantors party hereto from time to time, the UNITED STATES DEPARTMENT OF THE TREASURY (“Treasury”) and THE BANK OF NEW YORK MELLON as Administrative Agent and Collateral Agent.

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WARRANT AGREEMENT
Warrant Agreement • October 28th, 2020 • Hawaiian Holdings Inc • Air transportation, scheduled • New York

Term Location of Definition Affiliate Annex B Agreement Recitals Appraisal Procedure Annex B Board of Directors 2.1(i) Business Combination Annex B Business Day Annex B Capitalization Date 2.1(b) Closing 1.2(a) Common Stock Annex B Company Recitals Company Reports 2.1(j)(i) Exchange Act Annex B Governmental Authority 5.6(a) Holder 4.5(k)(i) Indemnitee 4.5(g)(i) Initial Closing 1.2(a) Lien 5.6(c) Loan Agreement Recitals Material Adverse Effect 5.6(d) Organizational Documents 5.6(e) Pending Underwritten Offering 4.5(l) Piggyback Registration 4.5(a)(iv) register; registered; registration 4.5(k)(ii) Registrable Securities 4.5(k)(iii) Registration Commencement Date 4.5(a)(i) Registration Expenses 4.5(k)(iv) Rule 144; Rule 144A; Rule 159A; Rule 405; Rule 415 4.5(k)(v) SEC 2.1(c) Securities Act Annex B Selling Expenses 4.5(k)(vi) Shelf Registration Statement 4.5(a)(ii) Special Registration 4.5(i) Stockholder Proposals 3.1(b) Subsidiary 5.6(f) Transfer 4.4 Treasury Recitals Warrant Closing Dat

LOAN AND GUARANTEE AGREEMENT dated as of September 25, 2020 among HAWAIIAN AIRLINES, INC., as Borrower, the Guarantors party hereto from time to time, THE UNITED STATES DEPARTMENT OF THE TREASURY, and THE BANK OF NEW YORK MELLON, as Administrative...
Loan and Guarantee Agreement • October 28th, 2020 • Hawaiian Holdings Inc • Air transportation, scheduled • New York

LOAN AND GUARANTEE AGREEMENT dated as of September 25, 2020 (this “Agreement”), among HAWAIIAN AIRLINES, INC., a corporation organized under the laws of Delaware (the “Borrower”), HAWAIIAN HOLDINGS, INC., a corporation organized under the laws of Delaware (the “Parent”), the Guarantors party hereto from time to time, the UNITED STATES DEPARTMENT OF THE TREASURY (“Treasury”) and THE BANK OF NEW YORK MELLON as Administrative Agent and Collateral Agent.

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