Capacity Purchase Agreement Sample Contracts

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Form of Capacity Purchase Agreement
Capacity Purchase Agreement • May 20th, 2024 • New York

THIS CAPACITY CREDIT PURCHASE AGREEMENT is made and entered into as of [ ], by and between [ ], a [ ] organized and existing under the laws of the state of [ ] (“Seller”), and Entergy Arkansas, LLC, a limited liability company organized and existing under the laws of the state of Texas (“Buyer”). Seller and Buyer are hereinafter sometimes referred to individually as a “Party” and collectively as the “Parties.”

CAPACITY PURCHASE AGREEMENT Among Continental Airlines, Inc., AND Republic Airways Holdings Inc. and Republic Airline Inc. Dated as of May 1, 2012
Capacity Purchase Agreement • February 25th, 2013 • Republic Airways Holdings Inc • Air transportation, scheduled • Texas

This Capacity Purchase Agreement (this “Agreement”), dated as of May 1, 2012, is among Continental Airlines, Inc., a Delaware corporation (“Continental”), Republic Airway Holdings Inc., a Delaware corporation (“Parent”), and Republic Airline Inc., an Indiana corporation (“Contractor”).

EX-10.9.3 5 d573709dex1093.htm EX-10.9.3 SECOND AMENDMENT TO THE CAPACITY PURCHASE AGREEMENT
Capacity Purchase Agreement • May 5th, 2020

This Second Amendment (this “Amendment”) to that certain Capacity Purchase Agreement, among United Airlines, Inc., a Delaware corporation (“United”), Mesa Airlines, Inc., a Nevada corporation (“Contractor”) and Mesa Air Group, Inc., a Nevada Corporation (“Parent”), dated as of August 29, 2013 (as previously amended by the parties thereto, the “Agreement”) is entered into by and between United, Contractor, and Parent and is effective as of October 2, 2015.

FIRST AMENDMENT TO THE CAPACITY PURCHASE AGREEMENT
Capacity Purchase Agreement • July 30th, 2018 • Mesa Air Group Inc • Air transportation, scheduled

This First Amendment (this “Amendment”) to that certain Capacity Purchase Agreement, among United Airlines, Inc., a Delaware corporation (“United”), Mesa Airlines, Inc., a Nevada corporation (“Contractor”) and Mesa Air Group, Inc., a Nevada Corporation (“Parent”), dated as of August 29, 2013 (as previously amended by the parties thereto, the “Agreement”) is entered into by and between United, Contractor, and Parent and is effective as of September 12, 2014 (or as of a different date if expressly so provided below).

CAPACITY PURCHASE AGREEMENT
Capacity Purchase Agreement • October 26th, 2004 • China Netcom Group CORP (Hong Kong) LTD • Radiotelephone communications • Hong Kong

This CAPACITY LEASE AGREEMENT (this “Agreement”) is made and entered into this 30th day of June, 2004 (the “Effective Date”), by and between EAST ASIA NETCOM LTD., a company formed and validly existing under the laws of Bermuda (“EAN Network”) and ASIA NETCOM CORPORATION LIMITED, a company formed and validly existing under the laws of Bermuda (“Asia Netcom”). EAN Network and Asia Netcom are sometimes hereinafter referred to as individually a “Party” and collectively the “Parties”.

Portions hereof have been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment in accordance with Rule 406 of the Securities Act of 1933, as amended. CAPACITY PURCHASE AGREEMENT...
Capacity Purchase Agreement • May 5th, 2020 • New York

This CAPACITY PURCHASE AGREEMENT (this “Agreement”) is made this 31st day of March, 2001 (“Effective Date”), by and between Williams Communications, LLC, a Delaware limited liability company (“Seller”), with its principal place of business at One Williams Center, 26th Floor, Tulsa, Oklahoma 74172, and Teleglobe USA Inc., a Delaware corporation (together with its Affiliates, “Purchaser”), with its principal place of business at 11480 Commerce Park Drive, Reston, Virginia 20191.

SECOND AMENDMENT TO AMENDED AND RESTATED CAPACITY PURCHASE AGREEMENT among Continental Airlines, Inc., ExpressJet Holdings, Inc., XJT Holdings, Inc., and ExpressJet Airlines, Inc. Dated as of December 9, 2003
Capacity Purchase Agreement • February 13th, 2004 • Expressjet Holdings Inc • Air transportation, scheduled • Texas

This SECOND AMENDMENT TO AMENDED AND RESTATED CAPACITY PURCHASE AGREEMENT (this "Agreement"), dated as of December 9, 2003, is among Continental Airlines, Inc., a Delaware corporation ("Continental"), ExpressJet Holdings, Inc., a Delaware corporation ("Holdings"), XJT Holdings, Inc., a Delaware corporation and a wholly-owned subsidiary of Holdings ("XJT"), and ExpressJet Airlines, Inc., a Delaware corporation and a subsidiary of XJT ("ExpressJet").

SIXTH AMENDMENT TO THE CAPACITY PURCHASE AGREEMENT
Capacity Purchase Agreement • July 30th, 2018 • Mesa Air Group Inc • Air transportation, scheduled

This Sixth Amendment (this “Amendment”) to that certain Capacity Purchase Agreement, among United Airlines, Inc., a Delaware corporation (“United”), Mesa Airlines, Inc., a Nevada corporation (“Contractor”) and Mesa Air Group, Inc., a Nevada Corporation (“Parent”), dated as of August 29, 2013, (as previously amended by the parties thereto the “Agreement”) is entered into by and between United, ’ Contractor, and Parent and is effective as of December 1, 2015.

CAPACITY PURCHASE AGREEMENT Between WILLIAMS COMMUNICATIONS, LLC and TELEGLOBE USA INC. March 31, 2001
Capacity Purchase Agreement • April 23rd, 2004 • Teleglobe International Holdings LTD • Telephone communications (no radiotelephone) • New York

This CAPACITY PURCHASE AGREEMENT (this “Agreement”) is made this 31st day of March, 2001 (“Effective Date”), by and between Williams Communications, LLC, a Delaware limited liability company (“Seller”), with its principal place of business at One Williams Center, 26th Floor, Tulsa, Oklahoma 74172, and Teleglobe USA Inc., a Delaware corporation (together with its Affiliates, “Purchaser”), with its principal place of business at 11480 Commerce Park Drive, Reston, Virginia 20191.

ELEVENTH AMENDMENT TO THE CAPACITY PURCHASE AGREEMENT
Capacity Purchase Agreement • July 30th, 2018 • Mesa Air Group Inc • Air transportation, scheduled

This Eleventh Amendment (this “Amendment”) is entered into this XX day of XXX, 2018 by and among United Airlines, Inc., a Delaware corporation (“United”), Mesa Airlines, Inc., a Nevada corporation (“Contractor”) and Mesa Air Group, Inc., a Nevada Corporation (“Parent”) and is effective as of XXX,XX, 2018.

TENTH AMENDMENT TO THE CAPACITY PURCHASE AGREEMENT
Capacity Purchase Agreement • July 30th, 2018 • Mesa Air Group Inc • Air transportation, scheduled

This Tenth Amendment (this “Amendment”) is entered into this 3rd day of May 2017, by and among United Airlines, Inc., a Delaware corporation (“United”), Mesa Airlines, Inc., a Nevada corporation (“Contractor”) and Mesa Air Group, Inc., a Nevada Corporation (“Parent”) and is effective as of January 01, 2017.

NINTH AMENDMENT TO THE CAPACITY PURCHASE AGREEMENT
Capacity Purchase Agreement • July 30th, 2018 • Mesa Air Group Inc • Air transportation, scheduled

This Ninth Amendment (this “Amendment”) is entered into this XXX day of January, 2017 by and among United Airlines, Inc., a Delaware corporation (“United”), Mesa Airlines, Inc., a Nevada corporation (“Contractor”) and Mesa Air Group, Inc., a Nevada Corporation (“Parent”) and is effective as of XXX XX , 2017.

EIGHTH AMENDMENT TO THE CAPACITY PURCHASE AGREEMENT
Capacity Purchase Agreement • July 30th, 2018 • Mesa Air Group Inc • Air transportation, scheduled

This Eighth Amendment (this “Amendment”) to that certain Capacity Purchase Agreement, among United Airlines, Inc., a Delaware corporation (“United”), Mesa Airlines, Inc., a Nevada corporation (“Contractor”), and Mesa Air Group, Inc., a Nevada corporation (“Parent”), dated as of August 29, 2013 (as previously amended by the parties thereto, the “Agreement”) is entered into by and between United, Contractor and Parent and is effective as of June 6, 2016.

Capacity Purchase Agreement (new generation) Third Amendment to Exhibit F-2
Capacity Purchase Agreement • February 27th, 2017

THIS Agreement (“Agreement”), made and entered into this 8th day of March 2017, hereinafter referred to as the “Effective Date,” by and between GRAND RIVER DAM AUTHORITY, a governmental agency of the State of Oklahoma, hereinafter referred to as “GRDA” and STILLWATER UTILITIES AUTHORITY, a public trust, whose beneficiary is the CITY of STILLWATER, a municipal corporation organized and existing under the laws of Oklahoma, hereinafter referred to “CUSTOMER,” collectively “Parties.”

SECOND AMENDED AND RESTATED CAPACITY PURCHASE AGREEMENT among Continental Airlines, Inc., ExpressJet Holdings, Inc., XJT Holdings, Inc. and ExpressJet Airlines, Inc. Dated as of June 5, 2008
Capacity Purchase Agreement • August 8th, 2008 • Expressjet Holdings Inc • Air transportation, scheduled • Texas

[“XXX” REPRESENTS CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT.]

FIFTH AMENDMENT TO THE CAPACITY PURCHASE AGREEMENT
Capacity Purchase Agreement • July 30th, 2018 • Mesa Air Group Inc • Air transportation, scheduled

This Fifth Amendment (this “Amendment”) to that certain Capacity Purchase Agreement, among United Airlines, Inc., a Delaware corporation (“United”), Mesa Airlines, Inc., a Nevada corporation (“Contractor”), and Mesa Air Group, Inc., a Nevada corporation (“Parent”), dated as of August 29, 2013 (as previously amended by the parties thereto, the “Agreement”) is entered into by and between United, Contractor and Parent and is effective as of December 14, 2015.

FOURTH AMENDMENT TO THE CAPACITY PURCHASE AGREEMENT
Capacity Purchase Agreement • July 30th, 2018 • Mesa Air Group Inc • Air transportation, scheduled

This Fourth Amendment (this “Amendment”) to that certain Capacity Purchase Agreement, among United Airlines, Inc., a Delaware Corporation (“United”), Mesa Airlines, Inc., a Nevada Corporation (“Contractor”) and Mesa Air Group, Inc., a Nevada Corporation (“Parent”), dated as of August 29, 2013 (as previously amended by the parties thereto, the “Agreement”) is entered into by and between United, Contractor, and Parent and is effective as of November 13, 2015.

Fourth Amendment to the Capacity Purchase Agreement
Capacity Purchase Agreement • April 20th, 2005 • Continental Airlines Inc /De/ • Air transportation, scheduled

As you are aware, ExpressJet Holdings, Inc., XJT Holdings, Inc. and ExpressJet Airlines, Inc. (collectively, "Contractor") and Continental Airlines, Inc. ("Continental"), are each parties to an Amended and Restated Capacity Purchase Agreement dated as of April 17, 2002, as amended by the first, second and third amendments thereto, dated March 27, 2003, December 9, 2003, and September 28, 2004, respectively (as so amended, the "CPA"). This Fourth Amendment to the CPA is dated March 11, 2005 but shall be effective January 1, 2005.

CAPACITY PURCHASE AGREEMENT AMONG UNITED AIRLINES, INC., MESA AIRLINES, INC. AND MESA AIR GROUP, INC. DATED AS OF AUGUST 29, 2013
Capacity Purchase Agreement • July 30th, 2018 • Mesa Air Group Inc • Air transportation, scheduled • Illinois

This Capacity Purchase Agreement (this “Agreement”), dated as of August 29, 2013 is among United Airlines, Inc., a Delaware corporation (“United”), Mesa Airlines, Inc., a Nevada corporation (“Contractor”) and Mesa Air Group, Inc., a Nevada corporation (“Parent”);

Jazz Capacity Purchase Agreement
Capacity Purchase Agreement • June 3rd, 2021

▪ The CPA focuses Jazz on providing a safe and reliable operation, with superior customer service in a cost-effective manner

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New Capacity Purchase Agreement
Capacity Purchase Agreement • February 2nd, 2015

Certain information in this presentation, and statements made during this presentation, may contain statements which are forward-looking statements. These forward-looking statements are identified by the use of terms and phrases such as “anticipate”, “believe”, “could”, “estimate”, “expect”, “intend”, “may”, “plan”, “predict”, “project”, “will”, “would”, and similar terms and phrases, including references to assumptions. Such statements may involve but are not limited to comments with respect to strategies, expectations, planned operations or future actions. Forward-looking statements relate to analyses and other information that are based on forecasts of future results, estimates of amounts not yet determinable and other uncertain events. Forward-looking statements, by their nature, are based on assumptions, including those described below, and are subject to important risks and uncertainties, and that the Chorus dividend policy under which the Board evaluates the dividend on a regula

First Amendment (this “First Amendment”) to the Capacity Purchase Agreement
Capacity Purchase Agreement • May 10th, 2007 • Republic Airways Holdings Inc • Air transportation, scheduled

As you are aware, Chautauqua Airlines, Inc. (“Contractor”) and Republic Airways Holdings, Inc. (“Parent”) and Continental Airlines, Inc. (“Continental”), are each parties to an Capacity Purchase Agreement dated as of July 21, 2006 (the “CPA”). Capitalized terms not defined herein shall be defined as provided in the CPA.

VIA FEDEX AND E-MAIL
Capacity Purchase Agreement • May 9th, 2022 • Mesa Air Group Inc • Air transportation, scheduled

As you are aware, Mesa Airlines, Inc. (“Contractor”), Mesa Air Group, Inc. (“Parent”) and United Airlines, Inc. (“United” and, together with Contractor and Parent, the “Parties”), are each a party to that certain Second Amended and Restated Capacity Purchase Agreement dated as of November 4, 2020 (as amended by the First Amendment thereto, the “CPA”). Capitalized terms used but not defined herein shall be defined as provided in the CPA.

Re: Amendment No. 4 to Amended and Restated Capacity Purchase Agreement
Capacity Purchase Agreement • August 9th, 2021 • Mesa Air Group Inc • Air transportation, scheduled

Reference is made to that certain Amended and Restated Capacity Purchase Agreement, dated as of November 19, 2020, but effective as of January 1, 2021, between AMERICAN AIRLINES, INC. (“American”) and MESA AIRLINES, INC., a Nevada corporation (together with its successors and permitted assigns, “Contractor”) (as amended, supplemented or otherwise modified from time to time in accordance with the terms thereof, the “Capacity Purchase Agreement”). Capitalized terms used but not defined herein have the meanings ascribed to them in the Capacity Purchase Agreement.

Contract
Capacity Purchase Agreement • August 9th, 2021 • Mesa Air Group Inc • Air transportation, scheduled

Certain confidential information contained in this document, marked by brackets, has been omitted because it (i) is not material and (ii) would be competitively harmful if publicly disclosed

WY Capacity Purchase Agreement Cost
Capacity Purchase Agreement • December 31st, 2018

Short-Term Agreement (MRG) vs. Capacity Purchase Agreement (CPA)  Negotiated year-to-yearo Does not address industry challenges including: Worsening pilot shortage Aircraft retirements Competitive market  Multi-year agreemento Mitigates industry challengeso Secures scarce airline resources for Wyoming  Uncertaintyo Flight schedule uncertainty beyond contract periodo Higher risk of service being discontinued by airline  Stabilityo Customers, businesses, and communities know the service will be thereo Reduces overhead of negotiating year-to-year agreements  Higher long-term costso Uncertainty in longevity of service drives down ridership and revenueo Year-to-year agreements can vary on cost  Lower long-term costso Competitive bidding processo Better opportunity for self-sustaining serviceo Stable service drives more passengers and revenue  Carriers can change flight scheduleso Wyoming is at a greater risk due to low performance during winter monthso High potential for disruptio

August 29, 2008
Capacity Purchase Agreement • October 21st, 2008 • Continental Airlines Inc /De/ • Air transportation, scheduled
RE: Amendment No. 1 – Incremental Covered Aircraft
Capacity Purchase Agreement • February 9th, 2021 • Mesa Air Group Inc • Air transportation, scheduled

Reference is made to that certain Amended and Restated Capacity Purchase Agreement, dated as of November 19, 2020 and made effective as of January 1, 2020, between American Airlines, Inc., a Delaware corporation (“American”) and Mesa Airlines, Inc., a Nevada corporation (“Contractor”) (as amended from time to time in accordance with the provisions thereof, and together with all attachments, exhibits and schedules thereto, the “Capacity Purchase Agreement”). Capitalized terms used but not defined herein shall have the meanings set forth in the Capacity Purchase Agreement.

Re: Limited Waiver and Amendment No. 5 to Amended and Restated Capacity Purchase Agreement
Capacity Purchase Agreement • December 10th, 2021 • Mesa Air Group Inc • Air transportation, scheduled

Reference is made to that certain Amended and Restated Capacity Purchase Agreement, dated as of November 19, 2020, but effective as of January 1, 2021, between AMERICAN AIRLINES, INC. (“American”) and MESA AIRLINES, INC., a Nevada corporation (together with its successors and permitted assigns, “Contractor”) (as amended, supplemented or otherwise modified from time to time in accordance with the terms thereof, the “Capacity Purchase Agreement”). Capitalized terms used but not defined herein have the meanings ascribed to them in the Capacity Purchase Agreement.

FIRST AMENDMENT TO AMENDED AND RESTATED CAPACITY PURCHASE AGREEMENT among Continental Airlines, Inc., ExpressJet Holdings, Inc., XJT Holdings, Inc., and ExpressJet Airlines, Inc.
Capacity Purchase Agreement • April 23rd, 2003 • Expressjet Holdings Inc • Air transportation, scheduled • Texas
August 29, 2008 Mr. James B. Ream Chief Executive Officer ExpressJet Holdings, Inc. 700 North Sam Houston Parkway West, Suite 200 Houston, TX 77067 First Amendment (this "First Amendment") to that certain Second Amended and Restated Capacity Purchase...
Capacity Purchase Agreement • November 12th, 2008 • Expressjet Holdings Inc • Air transportation, scheduled

As you are aware, Continental and Contractor are parties to the Second Amended and Restated CPA. Continental and Contractor each desires to amend the Second Amended and Restated CPA as specifically provided below in this First Amendment, with such amendments to be effective as of the date of this First Amendment:

CPA AMENDMENT 2019:
Capacity Purchase Agreement • February 11th, 2019
AMENDED AND RESTATED CAPACITY PURCHASE AGREEMENT BETWEEN UNITED AIRLINES, INC. AND EXPRESSJET AIRLINES, INC. ORIGINALLY DATED AS OF NOVEMBER 12, 2010 EFFECTIVE AS AMENDED AND RESTATED AS OF JULY 1, 2014
Capacity Purchase Agreement • February 18th, 2015 • Skywest Inc • Air transportation, scheduled • New York

This Amended and Restated Capacity Purchase Agreement (this “Agreement”), dated as of November 7, 2014, to be effective as of July 1, 2014, is between United Airlines, Inc., a Delaware corporation (together with its successors and permitted assigns, “United”), formerly known as Continental Airlines, Inc., a Delaware corporation (“Continental”) and ExpressJet Airlines, Inc., a Utah corporation (“ExpressJet”), as successor by merger of ExpressJet Airlines, Inc., a Delaware corporation (“Delaware Express”).

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