Delta Airlines 2014 Annual Report Download - page 209

The Buyer hereby covenants and agrees that, from the date of this Agreement until no further Aircraft are to be
delivered hereunder, the Buyer will furnish or cause to be furnished to the Seller the following:
a. Annual Financial Statements.
As soon as available and in any event no later than the date that the Buyer furnishes
such annual statements to the Securities and Exchange Commission or successor thereto (the “ SEC ”) (
i) a copy of
the SEC Form 10-K filed by the Buyer with the SEC for such fiscal year, or, if no such Form 10-
K was filed by the
Buyer for such a fiscal year, the consolidated balance sheet of the Buyer and its Subsidiaries, as at the end of such
fiscal year and the related consolidated statements of operations, of common stockholders’
equity (deficit) (in the case
of the Buyer and its Subsidiaries) and of cash flows for such fiscal year, setting forth comparative consolidated figures
as of the end of and for the preceding fiscal year, and examined by any firm of independent public accountants of
recognized standing selected by the Buyer and reasonably acceptable to the Seller, whose opinion will not be qualified
as to the scope of audit or as to the status of the Buyer as a going concern, and (ii) a certificate of such accounting firm
stating that its audit of the business of the Buyer was conducted in accordance with generally accepted auditing
standards.
b. Quarterly Financial Statements
. As soon as available and in any event no later than the date that the Buyer
furnishes such quarterly statements to the Securities and Exchange Commission or successor thereto, a copy of the
SEC Form 10-Q filed by the Buyer with the SEC for such quarterly period, or, if no such Form 10-
Q was filed by the
Buyer with respect to any such quarterly period, the consolidated balance sheet of the Buyer and its Subsidiaries, as at
the end of such quarterly period and the related consolidated statements of
operations for such quarterly period and for
the elapsed portion of the fiscal year ended with the last day of such quarterly period and in each case setting forth
comparative consolidated figures as of the end of and for the related periods in the prior fiscal year, all of which will
be certified by an Authorized Officer of the Buyer, subject to changes resulting from audit and normal year-
end audit
adjustments.
c. Debt Rescheduling
. (i) Promptly upon the Buyer commencing negotiations with one or more of its significant
creditors with a view to general readjustment or rescheduling of all or any material part of its indebtedness under
circumstances in which a reasonable business person, in the exercise of prudent business judgment, would conclude
that the Buyer would otherwise not be able to pay such indebtedness as it falls due, notice of commencement of such
negotiations, and (ii) thereafter timely advice of the progress of such negotiations until such negotiations are
terminated or completed.
d. Acceleration of other indebtedness
. Immediately upon knowledge by the Buyer that the holder of any bond,
debenture, promissory note or any similar evidence of indebtedness of the Buyer or Affiliate thereof (“
Other
Indebtedness ”)
has demanded payment, given notice or exercised its right to a remedy having the effect of
acceleration with respect to a claimed event of default under any Other Indebtedness, where the impact of the
acceleration
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A REQUEST FOR CONFIDENTIAL TREATMENT
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