Prove your claims that SkyWest, Inc actually has an agreement with UAL for first right of refusal for larger replacement regional aircraft. Clear enough for you?

 

Boom goes the dynamite...

 

This has been public since when Skywest bought ExpressJet. I'm baffled that you or any of you ASA pilots don't know about it. BR and MK touted about it in all their pp presentations and conference calls. But here is ONE link (feel free to google to your hearts content if you don't like my link: SkyWest to acquire ExpressJet in continued US regional consolidation | CAPA - Centre for Aviation

And here is the actual language from the CPA but I'm sure you will come up with some other excuse to try to make yourself not look wrong, like when you kept insisting that Acey is one syllable:

Section 2.04 Additional Aircraft .

(a) At any time during the period beginning on the Effective Date and ending on the earliest of (1) the eleventh anniversary of the Effective Date, with respect to any Expiration Aircraft (as defined below), (2) the tenth anniversary of the Effective Date, with respect to any Growth Aircraft (as defined below), and (3) the occurrence of a Termination Date pursuant to Section 8.02 , with respect to any Additional Aircraft (as defined below), if Continental (i) replaces, or continues to operate within Continental’s regional airline service, one or more Covered Aircraft for which the Covered Aircraft Sublease terminates on or prior to the tenth anniversary of the Effective Date (other than a termination of such Covered Aircraft Sublease resulting directly from a breach of the applicable Covered Aircraft Sublease by Contractor or pursuant to Section 8.02(a) , 8.02(b) or 8.02(d) of this Agreement) (an “ Expiration Aircraft ”), or (ii) begins the use of additional regional aircraft in Continental’s regional airline service (other than an aircraft that was previously withdrawn pursuant to Section 2.07(b) ) (a “ Growth Aircraft ” and, together with the Expiration Aircraft but subject to Section 2.04(b) , an “ Additional Aircraft ”), and, in each case, (iii) immediately after giving effect to the inclusion of such Additional Aircraft in Continental’s regional airline service, if less than the Minimum Percentage (as adjusted pursuant to Section 2.04(c) ) of the regional aircraft used in Continental’s regional airline service are CPA Aircraft, then, at least 18 months (or such lesser period as available aircraft or aircraft delivery positions may allow, as determined by Continental in its reasonable discretion) prior to the entry of such Additional Aircraft into Continental’s regional airline service, Continental agrees to give Contractor written notice of its intention to use such Additional Aircraft, and to offer Contractor and its Affiliates the opportunity to bid on such Additional Aircraft. In that regard, from time to time, at the request of Continental, Contractor will promptly provide Continental with a schedule of aircraft delivery positions available to Contractor. If, at the time the foregoing notice is given and at the time of any award referenced below, (A) Contractor (or, if applicable, its Affiliate) has consistently satisfied in all material respects the standards of care and service described in Section 4.03 in connection with its...
(d) Prior to the tenth anniversary of the Effective Date, Continental shall offer Contractor and its Affiliates the opportunity to bid on an aggregate of 15 Additional Aircraft in accordance with and subject to the limitations, terms and conditions contained in this Section 2.04(d) .

What is this? High school? You must have been one of those instigator kids on the sidelines trying to start a fight. Anyway, I'm sure you feel all smart now that I've provided the public information that's been available to all of us and that management touted to investors.

 

"opportunity to bid" is not even close to "first right of refusal". What am I missing?

 

Bingo!

But all Nevets can offer is cheap shots. Typical troll. And fwiw I pronounce it "Ace" (1 syllable), not Ay-ceeeee like many of the Appalachian Americans I work with.

 

Man, I'm astounded at your inability to accept the truth. Are the egos that big?

(B) Continental and Contractor (or, if applicable, Contractor’s Affiliate), each acting reasonably, agree on economic terms and conditions relating to such Additional Aircraft, then Contractor (or, at the election of Contractor, its Affiliates) shall be awarded all or a portion of the Additional Aircraft such that, after giving effect to such Additional Aircraft, the number of CPA Aircraft is at least the Minimum Percentage (as adjusted pursuant to Section 2.04(c) ) of the regional aircraft used in Continental’s regional airline service; provided, that if Continental shall have issued a request for proposal or otherwise conducted a bid process for such Additional Aircraft, then Continental shall be deemed to be acting reasonably if it refuses to agree with Contractor to terms and conditions that are less beneficial to Continental than the terms and conditions contained in the bona fide bid of any third party to which Continental in good faith would intend to award the Additional Aircraft, after providing Contractor with a certificate signed by an authorized officer of Continental setting forth the material terms of such bid (specifically including all terms material and beneficial to Contractor) and providing Contractor not less than 20 days to review and match such bid.

 

A lot of "Continental" in that post. Is it valid now that Continental does not exist?

 

Guys, I have the entire CPA and I've read all of section 2. Management touted all these things PUBLICLY and in writing and in conference calls and in many interviews that you can read from various articles. This is not a secret!

 

THAT is the question Nevets can't answer. He wants to play me off as "dense" and "stupid" because he thinks I haven't researched the same undated document he just posted to cover the fact that he can't answer it. The QUESTION is not if the aforementioned document exists, but rather if it is still valid. My sources tell me it is NOT, and this recent E175 announcement would seem to back that up.

 

For the purposes of this Section 2.04 , references to Continental shall be deemed to include United.


Why are you guys insisting on looking for things that would be bad for us?

Exhibit 10.1

Execution Version


CAPACITY PURCHASE AGREEMENT


BETWEEN


CONTINENTAL AIRLINES, INC.


AND


EXPRESSJET AIRLINES, INC.


DATED AS OF NOVEMBER 12, 2010




I knew you would move the goal post every time. First it was, give me proof. Then it was, that only says to provide the opportunity to bid. Now it's, it says continental, not united or that its an undated document you supposedly researched. And now you pull the, this undated document is no longer valid because of 30 175s that UAL purchased holdings on. If the document is no longer valid, then how is it we still have a CPA with CAL for the 220+ aircraft currently being operated by XJT? It's the same CPA!


What's next Tony? That Acey is one syllable? Face it, you are wrong. Your ego can handle it.