Captain Tony

You didn't prove crap. You cut and pasted a document from 2010 which names a defunct airline, and provided NOTHING else to back up YOUR claim that there is first right of refusal to new aircraft. If you want to keep up with the insults, here's one for you. You suck at debate. One cannot prove a negative, you can only prove a positive. I cannot prove it doesn't exist, but you COULD prove it does exist (and is valid) to back up your claims. So back up your claims or quit claiming them. I didn't move the goal post, I have been saying all along (at least the last two years) that the document you claim has been renegotiated. I can't prove that because it's a confidential document. But my sources in management tell me it is true. Another debate tactic for you: stop with the ad-hominem attacks and red herrings to distract from the fact that you're running your mouth claiming something that probably doesn;t exist and you can't prove does exist.

Now how about some more of your famous circular logic?

Fail.

Nevets

Captain Tony, notice that the title page on that document has an exhibit number. That's because it part of an SEC filing the company is required to make. Otherwise they would make CPAs public regardless if the financial data is redacted. Anytime these CPAs are renegotiated or amended, the company is REQUIRED to file it with the SEC for the investors to see. There has been NO such filing since November 11, 2012, the date the purchase of XJT became legal and the CPA took effect.

So why don't you prove to us by conducting a simple search of the sec website under Skywest and show us an 8-K filling with a new, renegotiated, or amended CPA. If you can find it, I'll humbly apologize and admit I'm wrong.

Here is an example:

FIRST 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 March 27, 2003
EXHIBIT 10.1


And here is another example:

Exhibit 10.1



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 Agreement among Continental Airlines, Inc. ("Continental"), ExpressJet Holdings, Inc. ("Holdings"), XJT Holdings, Inc. ("XJT") and ExpressJet Airlines, Inc. ("ExpressJet" and, collectively with Holdings and XJT, "Contractor") dated as of June 5, 2008 (the "Second Amended and Restated CPA")

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:

Section 1. As soon as reasonably practicable, but in no event more than ten (10) days after the date hereof, Continental shall purchase from Contractor for the total sum of $ [CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT] the operating rights held by Contractor for flights arriving and departing from Westchester County Airport at White Plains, New York (HPN) (and no margin shall be payable in connection therewith). On or before the date of such payment by Continental, Contractor agrees to execute a bill of sale substantially in the form of Exhibit A hereto conveying such operating rights to Continental.

Section 2. Contractor agrees that all of Contractor's CPA Records shall be maintained in accordance with generally accepted accounting principles consistently applied.

Section 3. The revised Appendix 1 to Schedule 3 attached to this First Amendment hereby replaces in its entirety the Appendix 1 to Schedule 3 attached to the Second Amended and Restated CPA. Continental and Contractor agree that nothing in this Section 3 or in Appendix 1 to Schedule 3 attached hereto shall in any way (i) amend or modify the provisions of Section 2.01(b) of the Second Amended and Restated CPA, or (ii) create or disclaim (or be deemed, construed or implied to create or disclaim) any obligation other than as is expressly and specifically provided for in this Section 3 (and in Appendix 1 to Schedule 3 attached hereto).

Section 4. Contractor and Continental agree that Continental is not obligated under the Second Amended and Restated CPA to pay for, with respect to Contractor's "reorganization value in excess of amounts allocable to identifiable assets, net", any of Contractor's write-off, depreciation, amortization or impairment.

Section 5. Contractor and Continental further agree that no accelerated depreciation expense associated with capital expenditures related to any Covered Aircraft that is recognized by Contractor due to the anticipated removal of such Covered Aircraft from service under the Second Amended and Restated CPA shall be chargeable to Continental under the Second Amended and Restated CPA until such time as notice is given pursuant to Section 2.05 thereof that such Covered Aircraft will no longer be a Covered Aircraft thereunder.

Section 6. Contractor agrees that Continental's obligation to pay or reimburse Contractor for costs or expenses pursuant to Section 2.08 of the Second Amended and Restated CPA includes only the obligation to pay Contractor's reasonable, out-of-pocket costs or expenses, without profit.

Section 7. Capitalized terms not defined herein shall be defined as provided in the Second Amended and Restated CPA. From and after the date of this First Amendment, references in the Second Amended and Restated CPA to "this Agreement" shall mean and refer to the Second Amended and Restated CPA as amended by this First Amendment. Except as specifically amended or modified hereby, the Second Amended and Restated CPA shall remain in effect as written. The Second Amended and Restated CPA, as amended or modified by this First Amendment, is hereby ratified and confirmed in all respects, and shall be deemed to constitute the entire understanding of the parties relating to its subject matter (and further that any prior or contemporaneous oral commitments shall have no force or effect), and such agreement, as so amended hereby, may not be further amended, modified or changed except by further agreement in writing signed by the parties hereto. This First Amendment may be executed by the parties hereto in any number of separate counterparts, all of which shall constitute one agreement. All signatures need not be on one counterpart.

If Contractor is in agreement with the above, please indicate its agreement by having an authorized representative sign below in the spaces provided and return a signed copy of this First Amendment to the undersigned at the address above.

Very truly yours,

CONTINENTAL AIRLINES, INC.



By: /s/ Larry Kellner

Name: Larry Kellner

Title: Chairman and Chief Executive Officer

Agreed:

EXPRESSJET HOLDINGS, INC.



By: /s/ James B. Ream

Name: James B. Ream

Title: President and Chief Executive Officer

XJT HOLDINGS, INC.



By: /s/ James B. Ream

Name: James B. Ream

Title: President and Chief Executive Officer

EXPRESSJET AIRLINES, INC.



By: /s/ James B. Ream

Name: James B. Ream

Title: President and Chief Executive Officer

cc: Continental Airlines, Inc.

1600 Smith Street, HQSLG, Houston, Texas 77002

Attention: General Counsel

Telecopy No.: (713) 324-5161

ExpressJet Holdings, Inc.

700 North Sam Houston Parkway West, Suite 200, Houston, Texas 77067

Attention: Vice President & General Counsel

BlueMoon

That reads, to me at least, more like the "contractor" has the right to offer a revised bid and match a competing companies best bid, but Continental/UAL still doesn't have to award it to them.

It's like restricted free agency in sports, your current team has a right to match any offer given to you by another team, but you don't have to take it.

Granted it refers to a couple other sections that aren't present. So I could be missing soemthing.

Captain Tony

Nobody believes that, especially me. You'll just call me more names, cite more ambiguous documents, and claim more things you have no first hand knowledge of. I'm aware of legal filings with the SEC. I've read 10-K reports. Your own document claims right to bid, which as said above, is afar cry from any guarantee. When you get the 70 seat replacement airplanes, we'll talk. Until then, as I've said before, I'm done with your trolling. Go cry on The Pipe.

Nevets

Exactly! That's all that "right of first refusal" means. It doesn't guarantee anything other than that UAL would have to award those replacement and additional aircraft if Skywest matches a bonifide bid. It also doesn't preclude UAL from awarding those aircraft even if Skywest is unable to match any bonifide bid.

Actually, I did provide the language that assures the right of first refusal. Saying it isn't there doesn't make it so. Here it is again:

]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


Anyway, like I said above, the right of first refusal is not a guarantee either and I never said it was. I really don't understand why you can't see for yourself that that language does exist.

Nevets

Just add some clarification, this CPA doesn't cover about 2 dozen of the ERJs. Those aircraft are covered by a separate CPA that old management negotiated with UAL pre-Inc purchase. Those 145s do NOT have any replacement or first right of refusal clauses associated with them. UAL can park them when the leases expire or when the CPA expires without having XJT replace them with anything. Which I believe is soon, as in they can park them today if they want.

Captain Tony

Could you also direct me to where the individual profits and RASMs of the ExpressJet division are filed with the SEC? Oh, can you also direct me to where I can buy some ExpressJet stock? Thanks for the clarification.

amcnd

Nevets.. Do you realize that SkyWest is free to "re-negotiate" terms of the contract with UA?? They have just proved this with the DL contract, and the Comair 900/700's.... The industry is changing and if you have paid attention SkyWest has said, "they need to work with there partners to keep them happy".. Not screw them some "out dated" contract terms.... So good luck with that...

magnus0322

I must say that is all you have as a come back? Nevets provided good information... it is your turn to step up to the plate Cap'n.

Captain Tony

Here you go. There is no SEC filing of the amended agreement because SKW Inc. is not required to file anything for a subsidiary. His information is from the purchase and is outdated.