9,842,520 Shares AirTran Holdings, Inc. Common Stock, par value $0.001 per share UNDERWRITING AGREEMENTUnderwriting Agreement • October 14th, 2009 • Airtran Holdings Inc • Air transportation, scheduled • New York
AirTran Holdings, Inc., a Nevada corporation (the “Company”), proposes to issue and sell to the several Underwriters named in Schedule I hereto (the “Underwriters”) 9,842,520 shares of its Common Stock, par value $0.001 per share (the “Firm Shares”). The Company also proposes to issue and sell to the several Underwriters not more than an additional 1,476,378 shares of its Common Stock, par value $0.001 per share (the “Additional Shares”) if and to the extent that you, as Manager of the offering, shall have determined to exercise, on behalf of the Underwriters, the right to purchase such shares of common stock granted to the Underwriters in Section 2 hereof. The Firm Shares and the Additional Shares are hereinafter collectively referred to as the “Shares.” The shares of Common Stock, par value $0.001 per share of the Company to be outstanding after giving effect to the sales contemplated hereby are hereinafter referred to as the “Common Stock.”
FIRST SUPPLEMENTAL INDENTURE by and between AIRTRAN HOLDINGS, INC., AS ISSUER AND U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE 5.25% CONVERTIBLE SENIOR NOTES DUE 2016 DATED AS OF OCTOBER 14, 2009 SUPPLEMENTAL TO SENIOR INDENTURE FOR SENIOR DEBT...First Supplemental Indenture • October 14th, 2009 • Airtran Holdings Inc • Air transportation, scheduled • New York
THIS FIRST SUPPLEMENTAL INDENTURE, dated as of October 14, 2009 (the “First Supplemental Indenture”), is between AIRTRAN HOLDINGS, INC., a Nevada corporation (the “Company”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association duly organized and existing under the laws of the United States, as trustee (in such capacity and not in its individual capacity, the “Trustee”).
AirTran Holdings, Inc. UNDERWRITING AGREEMENTUnderwriting Agreement • October 14th, 2009 • Airtran Holdings Inc • Air transportation, scheduled • New York
AirTran Holdings, Inc., a Nevada corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”), for whom you are acting as manager (the “Manager”), the principal amount of its convertible debt securities identified in Schedule II hereto (the “Firm Securities”), to be issued under the indenture specified in Schedule II hereto (the “Indenture”) between the Company and the Trustee identified in such Schedule (the “Trustee”). The Company also proposes to issue and sell to the Underwriters not more than an additional principal amount of its convertible debt securities identified in Schedule II hereto (the “Additional Securities”) if and to the extent you, as Managers of the offering, shall have determined to exercise on behalf of the Underwriters, the right to purchase such convertible debt securities granted to the Underwriters in Section 2. If the firm or firms listed in Schedule I hereto include only the Manager listed
