Delta Airlines 2010 Annual Report Download - page 117

ARTICLE 1.
DEFINITIONS; INTERPRETATION
Section 1.01. Definitions. (a) As used in this Agreement, the following terms have the following meanings:
"2026 Capital Repairs" is defined in Section 36.08.
"2026 Capital Repairs Financing" is defined in Section 36.08.
"2026 Condition Survey" is defined in Section 36.08.
"Actual Knowledge" means the actual knowledge of or receipt of written notice by, (i) with respect to IAT, IAT's President/Terminal Manager or Chief
Financial Officer or President or Vice President and Chief Financial Officer of JFK IAT Member, and (ii) with respect to Delta, any Delta employee with the
title of Director — Corporate Real Estate, Senior Vice President — Finance, Vice President — Corporate Real Estate, Vice President-Airport Customer
Service-JFK, or Regional Director — Corporate Real Estate, and Delta employees with direct supervisory authority over such positions.
"Additional Phase I Gates" is defined in Section 2.03.
"Additional Re-lifing Rental" is defined in Section 36.08.
"Additional Rent" means the Additional Re-lifing Rental and any and all charges, payments and amounts required to be paid by Delta to IAT pursuant
to this Agreement, except payments of and amounts included in the Delta Rent.
"Adjusted Terminal Management Fees" is defined in Schedule 7-4.
"Affiliate" means with respect to any Person, any other Person directly or indirectly controlling, controlled by or under common control with such
Person. For the purposes of this definition, "control" means the possession, directly or indirectly, of the power, whether or not exercised, to direct or cause the
direction of the management or policies of any Person, whether through ownership of voting securities, membership interests, partnership interests or other
ownership interests, by contract or otherwise, provided that, without limiting the foregoing, except as otherwise provided herein, any Person who owns or
controls directly or indirectly 10% (25% for a Person whose shares are listed on a nationally recognized stock exchange) or more of the securities having
ordinary voting power for the election of directors or other governing body of a corporation or 10% (25% for a Person whose shares are listed on a nationally
recognized stock exchange) or more of the membership, partnership or other ownership interests of any other Person shall be deemed to control such
corporation or other Person, provided, further, that, for purposes of this Agreement, Delta shall not be an "Affiliate" of IAT or JFK IAT Member nor shall
IAT or JFK IAT Member be an "Affiliate" of Delta.
"Agreement" means this Anchor Tenant Agreement.
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