Delta Airlines 2006 Annual Report Download - page 240

“Capital Lease” means, with respect to any Person, any lease of any property (whether real, personal or mixed) by such Person as lessee
that, in accordance with GAAP, would be required to be classified and accounted for as a capital lease on a balance sheet of such Person.
“Capital Lease Obligation” means, with respect to any Capital Lease of any Person, the amount of the obligation of the lessee thereunder
that, in accordance with GAAP, would appear on a balance sheet of such lessee in respect of such Capital Lease.
“Carve-Out” means claims of the following parties for the following amounts: (i) the unpaid fees of the U.S. Trustee or the Clerk of the
Bankruptcy Court pursuant to 28 U.S.C. § 1930(a) and (ii) after the occurrence and during the continuance of an Event of Default,the aggregate allowed
unpaid fees and expenses payable under sections 330 and 331 of the Bankruptcy Code to professional persons retained pursuant to an order of the Bankruptcy
Court by any Credit Party or any Committee not to exceed $35,000,000 (plusall unpaid professional fees and disbursements accrued or incurred prior to the
occurrence of an Event of Default and reflected on the most recent Borrowing Base Certificate and reserved against the Term A Borrowing Base, or otherwise
reported in writing to the Administrative Agent, to the extent allowed by the Bankruptcy Court at any time)in the aggregate; provided, that the Carve-Out
shall not include, apply to or be available for any fees or expenses incurred by any party, including any Credit Party or any Committee, in connection with the
initiation or prosecution of any claims, causes of action, adversary proceedings or other litigation against the Administrative Agent, the Lenders or the L/C
Issuers, including challenging the amount, validity, perfection, priority or enforceability of or asserting any defense, counterclaim or offset to, the Obligations
or the security interests and Liens of the Secured Parties in respect thereof; provided, further, that (a) as long as no Event of Default shall have occurred and
be continuing, the Credit Parties shall be permitted to pay compensation and reimbursement of expenses allowed and payable under sections 330 and 331 of
the Bankruptcy Code, as the same may be due and payable, and the same shall not reduce the Carve-Out and (b) in the event the Carve-Out is reduced by any
amount during an Event of Default, upon the effectiveness of any cure or waiver of such Event of Default pursuant to the terms of this Agreement, the Carve-
Out shall be increased by such amount.
“Cases” has the meaning ascribed to it in the Preamble.
“Cash Collateral Account” means a cash collateral account in the name of Borrower and subject to a Blocked Account Agreement, into
which the Net Cash Proceeds of the Collateral, including Collateral included in the Term A Borrowing Base and, at the election of Borrower, cash or Cash
Equivalents are deposited pursuant to the Agreement, the Collateral Documents and any other Loan Document.
“Cash Equivalents” means Permitted Investments and such other cash and cash equivalents acceptable to the Administrative Agent.
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