Delta Airlines 2012 Annual Report Download - page 189

(n) No Material Adverse Effect . Since June 30, 2012, no Material Adverse Effect shall have occurred.
(o) Patriot Act . The Lenders shall have received at least three Business Days prior to the Closing Date, all
documentation and other information required by bank regulatory authorities under applicable “know-your-customer” and anti-money
laundering rules and regulations, including the Patriot Act, that such Lenders shall have requested at least 10 days prior to the Closing
Date.
The execution by each Lender of this Agreement shall be deemed to be confirmation by such Lender that any condition
relating to such Lender's satisfaction or reasonable satisfaction with any documentation set forth in this Section 4.01 has been satisfied
as to such Lender.
SECTION 4.02. Conditions Precedent to Each Loan and Each Letter of Credit . The obligation of the Lenders to
make each Loan and of the Issuing Lenders to issue each Letter of Credit, including the initial Loan and the initial Letter of Credit, is
subject to the satisfaction (or waiver in accordance with Section 10.08) of the following conditions precedent:
(a) Notice . The Administrative Agent shall have received a Borrowing Request pursuant to Section 2.03 with
respect to such borrowing or issuance, as the case may be.
(b) Representations and Warranties . All representations and warranties contained in this Agreement and the other
Loan Documents (other than, with respect to Loans made or Letters of Credit issued after the Closing Date, the representations
and warranties set forth in Sections 3.05(b) and 3.09(a)) shall be true and correct in all material respects on and as of the date of
each Borrowing or the issuance of each Letter of Credit hereunder (both before and after giving effect thereto and, in the case
of each Borrowing, the application of proceeds therefrom) with the same effect as if made on and as of such date except to the
extent such representations and warranties expressly relate to an earlier date and in such case, such representations and
warranties shall be true and correct in all material respects as of such date; provided that any representation or warranty that is
qualified by materiality, “Material Adverse Change” or “Material Adverse Effect” shall be true and correct in all respects, as
though made on and as of the applicable date, before and after giving effect to such Borrowing or the issuance of such Letter of
Credit hereunder.
(c) No Default . On the date of each Borrowing or the issuance of each Letter of Credit hereunder, no Event of
Default or event which, with the giving of notice or lapse of time or both, would constitute an Event of Default (including under
Section 6.06) shall have occurred and be continuing nor shall any such event occur by reason of the making of the requested
Borrowing or the issuance of the requested Letter of Credit and, in the case of each Borrowing, the application of proceeds
thereof.
The request by the Borrower for, and the acceptance by the Borrower of, each extension of credit hereunder shall be
deemed to be a representation and warranty by the Borrower that the conditions specified in this Section 4.02 have been satisfied at that
time.
SECTION 5.
AFFIRMATIVE COVENANTS
From the date hereof and for so long as the Commitments remain in effect, any Letter of Credit remains outstanding (in
a face amount in excess of the sum of (i) the amount of cash then held in the Letter of Credit Account and (ii) the face amount of back-
to-back letters of credit delivered pursuant
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