Delta Airlines 2006 Annual Report Download - page 299

“(l) Borrower may make Investments in the form of advances under a revolving loan facility in an aggregate principal amount
not to exceed $25,000,000 outstanding at any time, to the Borrower’s Plans or any similar benefit plans of the Borrower (together, the “Benefits Plan”) for the
payment of ordinary operating expenses of the Benefits Plans (including the payment of benefits in accordance with the terms of the Benefits Plans and
periodic premiums under insurance or annuity contracts) or for purposes incidental to the ordinary operation of the Benefits Plans;”
(d) by deleting paragraph (a)(iii) of Section 6.3 (Indebtedness)in its entirety and inserting in lieu thereof the following:
“(iii) Indebtedness consisting of indemnification obligations owed by Comair, Inc. to Bombardier Inc., a Canadian national corporation,
relating to certain CRJ leases,in an amount not to exceed $9,000,000 in the aggregate;”
(e) by deleting the word “and” at the end of paragraph (a)(xix) of Section 6.3 (Indebtedness), replacing the period at the end of
clause (a)(xx) of Section 6.3with “; and” and inserting after paragraph (a)(xx) of Section 6.3the following new paragraph (a)(xxi):
“(xxi) in the event that the transactions underlying the Jet Fuel Inventory Supply Agreement are recharacterized as Indebtedness owed by
the Borrower, such Indebtedness.”
(f) by deleting the word “and” at the end of paragraph (r) of Section 6.7 (Liens), replacing the period at the end of paragraph (s)
of Section 6.7with “; and”, and inserting after paragraph (s) of Section 6.7the following new paragraph (t):
“(t) the Lien of J. Aron on the Jet Fuel Assets, in the event that the transactions underlying the Jet Fuel Inventory Supply Agreement are
recharacterized as Indebtedness owed by Borrower.”
(g) by deleting the word “and” at the end of paragraph (r)of Section 6.8 (Sale of Stock and Assets), replacing the period at the
end of paragraph (s) of Section 6.8with “; and”, and inserting after paragraph (s) of Section 6.8the following new paragraph (t):
“(t) the sale, assignment and/or other transfer of the Jet Fuel Assets to J. Aron, in each case pursuant to the Jet Fuel Inventory Supply
Agreement.”
(h) by inserting the following at the end of Section 6.17 (No Speculative Transactions):
“and except for the transactions underlying the Jet Fuel Inventory Supply Agreement.”
(i) by inserting the following proviso at the end of clause (q)(iii) of Section 8.1 (Events of Default):
“and, provided, further, that, if the transactions underlying the Jet Fuel Inventory Supply Agreement are recharacterized as Indebtedness
owed by Borrower, any action by J. Aron, as secured party, to foreclose or obtain a lien on the Jet Fuel Assets, or the filing of a motion seeking, or entry by
the Bankruptcy Court of, an Order authorizing such foreclosure or lien shall not constitute an Event of Default under this clause (iii),”
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