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| FORM 4 | UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP
Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(h) of the Investment Company Act of 1940 | | OMB APPROVAL | | OMB Number: | 3235-0287 | | Expires: | February 28, 2011 | | Estimated average burden | | hours per response | 0.5 |
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| | Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue.
See Instruction 1(b). |
1. Name and Address of Reporting Person*
| 700 N SAM HOUSTON PARKWAY W, SUITE 200 | |
(Street)
| 2. Issuer Name and Ticker or Trading Symbol
EXPRESSJET HOLDINGS INC
[xjt] | 5. Relationship of Reporting Person(s) to Issuer
(Check all applicable) | Director | | 10% Owner | | X | Officer (give title below) | | Other (specify below) | | Vice President |
| 3. Date of Earliest Transaction (Month/Day/Year)
09/26/2008 | 4. If Amendment, Date of Original Filed (Month/Day/Year)
| 6. Individual or Joint/Group Filing (Check Applicable Line)| X | Form filed by One Reporting Person | | Form filed by More than One Reporting Person |
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| Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned | 1.Title of Security
(Instr. 3) | 2. Transaction Date (Month/Day/Year) | 2A. Deemed Execution Date, if any (Month/Day/Year) | 3. Transaction Code
(Instr. 8) | 4. Securities Acquired (A) or Disposed of (D)
(Instr. 3, 4 and 5) | 5. Amount of Securities Beneficially Owned Following Reported Transaction(s)
(Instr. 3 and 4) | 6. Ownership Form: Direct (D) or Indirect (I)
(Instr. 4) | 7. Nature of Indirect Beneficial Ownership
(Instr. 4) | | Code | V | Amount | (A) or (D) | Price | |
Common Stock
| 09/26/2008 | | F | |
545
| D | $
2.67
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69,260
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D
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Common Stock
| 09/26/2008 | | F | |
409
| D | $
2.9
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68,851
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D
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Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned
(e.g., puts, calls, warrants, options, convertible securities) | 1. Title of Derivative Security
(Instr. 3) | 2. Conversion or Exercise Price of Derivative Security | 3. Transaction Date (Month/Day/Year) | 3A. Deemed Execution Date, if any (Month/Day/Year) | 4. Transaction Code
(Instr. 8) | 5. Number of Derivative Securities Acquired (A) or Disposed of (D)
(Instr. 3, 4, and 5) | 6. Date Exercisable and Expiration Date
(Month/Day/Year) | 7. Title and Amount of Underlying Securities
(Instr. 3 and 4) | 8. Price of Derivative Security
(Instr. 5) | 9. Number of Derivative Securities Beneficially Owned Following Reported Transaction(s)
(Instr. 4) | 10. Ownership Form of Derivative Security: Direct (D) or Indirect (I)
(Instr. 4) | 11. Nature of Indirect Beneficial Ownership
(Instr. 4) | | Code | V | (A) | (D) | Date Exercisable | Expiration Date | Title | Amount or Number of Shares |
| Explanation of Responses: | |
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| Suzanne Lehman Johnson on behalf of James E Nides | 09/26/2008 | | ** Signature of Reporting Person | Date | | Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. | | * If the form is filed by more than one reporting person, see Instruction 4(b)(v). | | ** Intentional misstatements or omissions of facts constitute Federal Criminal Violations
See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a).
| | Note: File three copies of this Form, one of which must be manually signed. If space is insufficient,
see Instruction 6 for procedure. | | Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number. |
EX-24
Power of Attorney
I hereby appoint Suzanne L. Johnson and or Barry McFadden and or Phung Ngo-Burns as my duly authorized attorney in fact to execute and file on my behalf any forms or other documents required by the
United States Securities and Exchange Commission to be filed under Section 16 of the Securities Exchange Act of 1934, as amended, including Form ID and all Forms 3, 4 and 5 (including any amendments thereto) that I may be required to file as a result of my position
with, my ownership of, or transactions in securities of ExpressJet Holdings, Inc. Suzanne L. Johnson and or Barry McFadden and or Phung Ngo-Burns are further authorized to transact and file with the Commission any other documents or papers that may be required
to renew or otherwise reinstate any codes issued to me to permit filings to be made through the EDGAR system. Such authorization shall continue until I am no longer required to file Forms 4 or 5 with regard to ExpressJet, unless earlier revoked in writing. I hereby
acknowledge that neither the named individual nor ExpressJet is assuming any of my responsibilities to comply with Section 16.
Dated: September 26, 2008
/s/ James E. Nides
James E. Nides
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