Delta Airlines 2006 Annual Report Download - page 252

“ERISA” means the Employee Retirement Income Security Act of 1974, as amended from time to time, and any regulations promulgated
thereunder.
“ERISA Affiliate” means, with respect to any Credit Party, any trade or business (whether or not incorporated) that, together with such
Credit Party, are treated as a single employer within the meaning of Sections 414(b), (c), (m) or (o) of the IRC.
“ERISA Event” means, with respect to any Credit Party or any ERISA Affiliate, (a) any “reportable event” described in Section 4043 of
ERISA with respect to a Title IV Plan (other than a “reportable event” to which the 30-day notice is waived under PBGC Regulation Section 4043); (b) the
withdrawal of any Credit Party or ERISA Affiliate from a Title IV Plan subject to Section 4063 of ERISA during a plan year in which it was a substantial
employer, as defined in Section 4001(a)(2) of ERISA; (c) the complete or partial withdrawal of any Credit Party or any ERISA Affiliate from any
Multiemployer Plan; (d) the filing of a notice of intent to terminate a Title IV Plan or the treatment of a plan amendment as a termination under Section 4041
of ERISA; (e) the institution of proceedings to terminate a Title IV Plan or Multiemployer Plan by the PBGC; (f) the failure by any Credit Party or ERISA
Affiliate to make when due required contributions to a Multiemployer Plan or Title IV Plan unless such failure is cured within thirty (30) days; (g) any other
event or condition that would reasonably be expected to constitute grounds under Section 4042 of ERISA for the termination of, or the appointment of a
trustee to administer, any Title IV Plan or Multiemployer Plan or for the imposition of liability under Section 4069 or 4212(c) of ERISA; (h) the termination
of a Multiemployer Plan under Section 4041A of ERISA or the reorganization or insolvency of a Multiemployer Plan under Section 4241 or 4245 of ERISA;
or (i) the loss of a Qualified Plan’s qualification or tax exempt status; or (j) the termination of a Plan described in Section 4064 of ERISA.
“Escrow Accounts” shall mean (1) accounts of Borrower or any Subsidiary, solely to the extent any such accounts hold funds set aside
by Borrower or any Subsidiary to manage the collection and payment of amounts collected, withheld or incurred by Borrower or such Subsidiary for the
benefit of third parties relating to: (a) federal income tax withholding and backup withholding tax, employment taxes, transportation excise taxes and security
related charges; (b) any and all state and local income tax withholding, employment taxes and related charges and fees and similar taxes, charges and fees,
including, but not limited to, state and local payroll withholding taxes, unemployment and supplemental unemployment taxes, disability taxes, workman’s or
workers’ compensation charges and related charges and fees; (c) state and local taxes imposed on overall gross receipts, sales and use taxes, fuel excise taxes
and hotel occupancy taxes; (d) passenger facility fees and charges collected on behalf of and owed to various administrators, institutions, authorities, agencies
and entities; and (e) other similar federal, state or local taxes, charges and fees (including without limitation any amount required to be withheld or collected
under applicable law); in each case, held in escrow accounts, trust funds or other segregated accounts in an aggregate amount for all of such escrow accounts,
trust funds and other segregated accounts not in excess of $300,000,000, plusaccrued interest; provided, that such amount may be increased upon an increase
in any of the foregoing taxes, fees and charges for which Borrower’s or any Subsidiary’s officers and directors may have personal liability if not paid; or (2)
accounts, capitalized interest accounts, debt service reserve accounts and other similar accounts or funds established in connection with the ARB
Indebtedness.
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