Delta Airlines 2012 Annual Report Download - page 130

erous to comply with), any current or future regulations or official interpretations thereof, and any agreements entered into pursuant to
Section 1471(b)(1) of the Code.
“ FCPA ” shall mean the Foreign Corrupt Practices Act of 1977, as amended, and the rules and regulations thereunder.
“ Federal Funds Effective Rate ” shall mean, for any day, the weighted average (rounded upwards, if necessary, to the
next 1/100 of 1%) of the rates on overnight Federal funds transactions with members of the Federal Reserve System arranged by
Federal funds brokers, as published on the next succeeding Business Day by the Federal Reserve Bank of New York, or, if such rate is
not so published for any day that is a Business Day, the average (rounded upwards, if necessary, to the next 1/100 of 1%) of the
quotations for such day for such transactions received by the Administrative Agent from three Federal funds brokers of recognized
standing selected by it.
“ Fees ” shall collectively mean the Commitment Fees, Letter of Credit Fees and other fees referred to in Section 2.19.
“ Fixed Charge Coverage Ratio ” shall mean, at any date for which such ratio is to be determined, the ratio of
EBITDAR for the Rolling Twelve Month period ended on such date to the sum of the following for such period: (a) Interest Expense,
plus (b) the aggregate cash aircraft rental expense of the Borrower and its Subsidiaries on a consolidated basis for such period payable
in cash in respect of any aircraft leases (other than Capitalized Leases), all as determined in accordance with GAAP.
“ Foreign Aviation Authority ” means shall mean any foreign governmental, quasi-governmental, regulatory or other
agency, public corporation or private entity that exercises jurisdiction over the authorization (a) to serve any foreign point on each of
the Routes and/or to conduct operations related to the Routes and/or (b) to hold and operate any Foreign Slots.
“ Foreign Lender ” shall mean any Lender that is organized under the laws of a jurisdiction other than that in which the
Borrower is located. For purposes of this definition, the United States of America, each State thereof and the District of Columbia shall
be deemed to constitute a single jurisdiction.
“ Foreign Slot ” shall mean all of the rights and operational authority, now held or hereafter acquired, of the Borrower
and the Guarantors to conduct one landing or takeoff operation during a specific hour or other period at each non-United States airport.
“ GAAP ” shall mean generally accepted accounting principles set forth in the opinions and pronouncements of the
Accounting Principles Board of the American Institute of Certified Public Accountants and statements and pronouncements of the
Financial Accounting Standards Board or in such other statements by such other entity as have been approved by a significant segment
of the accounting profession, which are in effect from time to time, in each case applied in accordance with Section 1.03.
“ Governmental Authority ” shall mean the government of the United States of America, any other nation or any
political subdivision thereof, whether state or local, and any agency, authority, instrumentality, regulatory body, court, central bank
organization, or other entity exercising executive, legislative, judicial, taxing or regulatory powers or functions of or pertaining to
government. Governmental Authority shall not include any Person in its capacity as an Airport Authority.
“ Grantor ” shall mean the Borrower and each other Subsidiary (if any) that shall at any time become party to a
Collateral Document.
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