Delta Airlines 2010 Annual Report Download - page 146

ARTICLE 4.
REPRESENTATION AND WARRANTIES
Section 4.01. Representations And Warranties Of IAT. IAT represents and warrants to Delta that each statement contained in this Section 4.01 is true,
correct and complete as of the Effective Date.
(a) Port/IAT Lease. The Port/IAT Lease is in full force and effect and has not been amended, supplemented or otherwise modified, except as listed in
Schedule 4-1. IAT has delivered to Delta complete and correct copies of the Port/IAT Lease and all amendments, supplements and modifications thereof as
listed in said Schedule 4-1. As of the date hereof, (i) except as may have been waived or modified by the Port Authority and other relevant parties from
time to time in writing, IAT has paid and performed in all material respects its obligations under the Port/IAT Lease and complied in all material respects
with the provisions of the Port/IAT Lease binding upon IAT; (ii) to the Actual Knowledge of IAT, no PA Default, PA Event of Default or PA Lease
Trigger Event exists; (iii) to the Actual Knowledge of IAT, no material default on the part of the Port Authority exists under the Port/IAT Lease; and
(iv) IAT has not received any PA Notice of Default under the Port/IAT Lease that has not been cured, waived or otherwise withdrawn, and IAT has not
given to the Port Authority any notice of a material default by the Port Authority under the Port/IAT Lease that has not been cured, waived otherwise
withdrawn.
(b) Series 6 Bond Documents. The Series 6 Bond Documents are in full force and effect and have not been amended, supplemented or otherwise
modified as of the date hereof, except as listed in Schedule 4-2. IAT has delivered to Delta complete and correct copies of the Series 6 Bond Documents
and all amendments, supplements and modifications as listed in said Schedule 4-2. As of the date hereof, (i) except as may have been waived or modified
by the Port Authority and other relevant parties from time to time in writing, IAT has paid and performed in all material respects its obligations under the
Series 6 Bond Documents and complied in all material respects with the provisions of the Series 6 Bond Documents binding upon IAT; (ii) to the Actual
Knowledge of IAT, no default, event of default or trigger event exists under any of the Series 6 Bond Documents; (iii) to the Actual Knowledge of IAT, no
material default on the part of any other party exists under any of the Series 6 Bond Documents; and (iv) IAT has not received any notice of material
default or event of default under the Series 6 Bond Documents that has not been cured, waived or withdrawn.
(c) Organization. IAT is a limited liability company duly organized, validly existing and in good standing under the Laws of the State of New York.
IAT is duly authorized to conduct business under the Laws of each jurisdiction where such qualification is required, including the State of New York.
(d) Power. IAT has all requisite limited liability company power and authority to enter into, execute and deliver this Agreement and the other
Transaction Documents executed and delivered by IAT and to perform its obligations hereunder and thereunder.
(e) Authority and Binding Obligation. This Agreement and the other Transaction Documents executed and delivered by IAT are within IAT's limited
liability company powers
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