Acknowledgment and Agreement (MSN 32838) by Polar Air Cargo, Inc. for Amendment Agreement between Atlas Air, Inc. and Tuolumne River Aircraft Finance, Inc.
Summary
This agreement, dated November 18, 2003, is between Polar Air Cargo, Inc., Atlas Air, Inc. (Lessee), and Tuolumne River Aircraft Finance, Inc. (Lessor). Polar Air Cargo acknowledges and agrees to be bound by certain terms and obligations of an existing amendment agreement between Atlas Air and Tuolumne River, as if it were a party to that agreement. Polar Air Cargo commits to perform and observe specific provisions as a 'Lessee Party' under the original agreement.
EX-10.7.4 25 c37970ex10_7-4.txt EXHIBIT 10.7.4 ACKNOWLEDGMENT AND AGREEMENT (MSN 32838) POLAR AIR CARGO, INC., a Delaware corporation ("POLAR"), with reference to Amendment Agreement (MSN 32838), dated as of August 1, 2003 (the "AGREEMENT"), between Atlas Air, Inc. ("LESSEE") and Tuolumne River Aircraft Finance, Inc. ("LESSOR"), DOES HEREBY ACKNOWLEDGE AND AGREE (to, with and for the benefit of Lessor and its successors and assigns) that Polar is bound by, and obligated to perform and observe, and hereby agrees to perform and observe, the terms, provisions, conditions and covenants contained in Sections 2(d), 2(e)(i), 2(f), 4(c), 7 and 8 of the Agreement (and applicable to or in respect of a "Lessee Party" or a "Lessee Party" other than Lessee or an "Affiliate" of Lessee), in each case, with the same force and effect as if Polar were party to the Agreement (in the capacity of a "Lessee Party"). [Signature Page Follows] IN WITNESS WHEREOF, Polar has caused this Acknowledgment and Agreement to be executed and delivered as of this 18th day of November, 2003. POLAR AIR CARGO, INC. By /s/ Scott J. Dolan -------------------------------- Name: Scott J. Dolan Title: Vice President Operations [Signature Page to Acknowledgment and Agreement (MSN 32838)] Schedule to Exhibit 10.7.4 The agreements listed below are substantially identical to this exhibit and are not being filed separately as exhibits pursuant to instruction 2 to Regulation S-K, Item 601.
