AVIANCA HOLDINGS S.A. AND THE BANK OF NEW YORK MELLON As Depositary AND OWNERS AND HOLDERS OF AMERICAN DEPOSITARY SHARES Deposit Agreement Dated as of , 2013Deposit Agreement • October 2nd, 2013 • Avianca Holdings S.A. • Air transportation, scheduled • New York
DEPOSIT AGREEMENT dated as of , 2013, among AVIANCA HOLDINGS S.A., a corporation (sociedad anónima) incorporated under the laws of the Republic of Panama (herein called the Company), THE BANK OF NEW YORK MELLON, a New York banking corporation (herein called the Depositary), and all Owners and Holders from time to time of American Depositary Shares issued hereunder.
LEASE CONTRACT No. OP-DC-CA-T2-0060-12 BETWEEN OPAIN S.A. AND AEROVÍAS DEL CONTINENTE AMERICANO S.A. AVIANCALease Agreement • October 2nd, 2013 • Avianca Holdings S.A. • Air transportation, scheduled • Antioquia
This lease Contract (as amended or supplemented from time to time by mutual agreement between the parties, including its annexes, the “Contract”) is concluded on 17 October 2012 by and between (i) Sociedad Concesionaria Operadora Aeroportuaria Internacional S.A. – Opain S.A. (“OPAIN”); and (iii) AEROVÍAS DEL CONTINENTE AMERICANO S.A. AVIANCA (the “TENANT”), collectively referred to as “The Parties”.
COMMERCIAL PLEDGE AGREEMENTCommercial Pledge Agreement • October 2nd, 2013 • Avianca Holdings S.A. • Air transportation, scheduled
AMENDING AGREEMENT No. 3 TO RENTAL AGREEMENT No. BO-AR-0011-04Rental Agreement • October 2nd, 2013 • Avianca Holdings S.A. • Air transportation, scheduled
Among the undersigned, namely: JUAN ALBERTO PULIDO ARANGO, of legal age, identified with identification document No. 70.876.189, domiciled in Bogotá, acting in his capacity as Legal Representative for SOCIEDAD CONCESIONARIA OPERADORA AEROPORTUARIA INTERNACIONAL S.A. – OPAIN S.A., a corporation incorporated by means of Public Deed No. 2335 of September 1, 2006, issued by the 25th Notary Public of the Bogota Circuit, with TIN. 900.105.860-4 and Trade Registration No. 01633083, who hereinafter and for all the purposes hereof will be called OPAIN S.A. and/or the LANDLORD; and ELISA MURGAS DE MORENO, of legal age, identified with identification document No. 41.614.534, domiciled in Bogotá, acting in her capacity as Legal Representative for AEROVIAS DEL CONTINENTE AMERICANO S.A. AVIANCA, as evidenced in the certificate of existence and legal representation issued by the Barranquilla Chamber of Commerce attached hereto, a business corporation incorporated by means of Public Deed No. 2374 of D
Irrevocable Administration Mercantile Trust Agreement by and between Fiduciaria Bogotá S.A. and AviancaTaca Holding S.A.Irrevocable Administration Mercantile Trust Agreement • October 2nd, 2013 • Avianca Holdings S.A. • Air transportation, scheduled
The undersigned, ELISA MURGAS DE MORENO, a Colombian citizen, of legal age, identified by Colombian Citizen Card No. 41.614.534 issued in Bogotá D.C., acting in her capacity as Legal Representative of the company AviancaTaca Holding S.A., a company legally incorporated in panama, duly authorized by the Board of Directors, all of which is accredited through the Panama Public Registry Certificate and the corresponding minutes attached as Annex 1 hereto, hereinafter and for the purposes hereof the TRUSTOR or AviancaTaca, on the one hand; and ANA ISABEL CUERVO ZULUAGA, of legal age, identified by Colombian Citizen Card No. 30.295.441 issued in Manizales, acting in her capacity as Legal Representative of FIDUCIARIA BOGOTÁ S.A., a financial service corporation legally incorporated through public deed No. 3,178 dated September 30, 1991, granted at Notary Public Office 11 of the Bogota Circuit, with principal business address in the city of Bogotá D.C., with an operation permit granted by the
AVIATION LIQUID FUEL SUPPLY AGREEMENT ENTERED INTO BETWEEN ORGANIZACION TERPEL S.A. AND AEROVIAS DEL CONTINENTE AMERICANO S.A., AVIANCAAviation Liquid Fuel Supply Agreement • October 2nd, 2013 • Avianca Holdings S.A. • Air transportation, scheduled
Between the undersigned, ORGANIZACION TERPEL S.A., with registered offices in the city of Bogota, D.C., incorporated under the laws of Colombia by means of Public Deed No. 6038 of November 21, 2001, issued by the Sixth (6th) Notary Public of the Bogota D.C. circuit, as evidenced in the certificate of existence and legal representation issued by the Bogota Chamber of Commerce, and represented herein by SYLVIA ESCOVAR GOMEZ, of legal age, domiciled in the city of Bogota, identified with identification document No. 51.615.762 issued in Bogota, acting in her capacity as Alternate Legal Representative, as established in the certificate of existence and representation (hereinafter, “TERPEL”), on the one hand, and on the other, AEROVIAS DEL CONTINENTE AMERICANO S.A., AVIANCA, with registered offices in the city of Barranquilla, incorporated under the laws of Colombia by means of Public Deed No. 2374 of December 19, 1919, issued by the Second 2nd Notary Public of the Barranquilla Circuit, as e
AMENDING AGREEMENT No. 4 TO RENTAL AGREEMENT No. BO-AR-0011-04Rental Agreement • October 2nd, 2013 • Avianca Holdings S.A. • Air transportation, scheduled
Among the undersigned, namely: JUAN ALBERTO PULIDO ARANGO, of legal age, identified with identification document No. 70.876.189, domiciled in Bogotá, acting in his capacity as Legal Representative for SOCIEDAD CONCESIONARIA OPERADORA AEROPORTUARIA INTERNACIONAL S.A. – OPAIN S.A., a corporation incorporated by means of Public Deed No. 2335 of September 1, 2006, issued by the 25th Notary Public of the Bogota Circuit, with TIN. 900.105.860-4 and Trade Registration No. 01633083, who hereinafter and for all the purposes hereof will be called OPAIN S.A. and/or the LANDLORD; and ELISA MURGAS DE MORENO, of legal age, identified with identification document No. 41.614.534, domiciled in Bogotá, acting in her capacity as Legal Representative for AEROVIAS DEL CONTINENTE AMERICANO S.A. AVIANCA, as evidenced in the certificate of existence and legal representation issued by the Barranquilla Chamber of Commerce attached hereto, a business corporation incorporated by means of Public Deed No. 2374 of D
