Delta Airlines 2006 Annual Report Download - page 148

1.15 Regulation D Compensation.
If and so long as a reserve requirement of the type referred to in clause (i)(B)below is prescribed by the Federal Reserve Board (or any
successor), each Lender subject to such requirement may require Borrower to pay, contemporaneously with each payment of interest on each such Lender’s
LIBOR Loans, additional interest on such LIBOR Loan at a rate per annum determined by such Lender up to but not exceeding the excess of (i) (A) the
applicable LIBOR Rate divided by (B) a number equal to 1.0 minusthe aggregate (but without duplication) of the rates (expressed as a decimal fraction) of
reserve requirements in effect on the day that is two (2) LIBOR Business Days prior to the beginning of such LIBOR Period (including basic, supplemental,
marginal and emergency reserves under any regulations of the Federal Reserve Board or other Governmental Authority having jurisdiction with respect
thereto, as now and from time to time in effect) for Eurocurrency funding (currently referred to as “Eurocurrency Liabilities” in Regulation D of the Federal
Reserve Board) that are required to be maintained by a member bank of the Federal Reserve System over (ii) the applicable LIBOR Rate.
2. CONDITIONS PRECEDENT
2.1 Conditions to Effectiveness of Section 6.7(e).
The amendment and restatement set forth herein of Section 6.7(e) of the Existing Credit Agreement and the corresponding amendments
to Annex A to add definitions for “GECAS Facilities”, “Letter of Intent” and “U.S. Bank” reflected in this Agreement shall become effective on the date on
which each of the following conditions precedent is satisfied or provided for in a manner reasonably satisfactory to the Administrative Agent, or duly waived
in writing in accordance with Section 13.2:
(a) Credit Agreement. The Administrative Agent shall have received counterparts of this Agreement duly executed by each of
Borrower, the other Credit Parties, the Administrative Agent and the Requisite Lenders or, with respect to the Requisite Lenders, Administrative Agent shall
have received a separate written consent approving the above referenced amendment and restatement of Section 6.7(e) and the corresponding amendments to
Annex A to add definitions for “GECAS Facilities”, “Letter of Intent” and “U.S. Bank” reflected in this Agreement, or authorizing the Administrative Agent
to enter into this Agreement on behalf of the Requisite Lenders.
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