Frontier Airlines 2005 Annual Report Download - page 125

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ARTICLE I
AMENDMENTS TO LOAN AGREEMENT
The Loan Agreement is hereby amended as follows:
1.1. Definitions. The definition of "Change of Control" as set forth in Appendix A to the Loan Agreement is deleted in its
entirety.
1.2. Events of Default. Section 11.1.9 of the Loan Agreement, Change of Control, is deleted in its entirety and in lieu thereof
is substituted the phrase "RESERVED".
ARTICLE II
MODIFICATION OF LOAN DOCUMENTS
2.1. Loan Documents. The Loan Agreement and each of the other Loan Documents are amended to provide that any reference to the
Loan Agreement in the Loan Agreement or any of the other Loan Documents shall mean the Loan Agreement as amended by this
Amendment, and as it is further amended, restated, supplemented or modified from time to time.
ARTICLE III
REPRESENTATIONS AND WARRANTIES
The Borrower hereby represents and warrants to the Lender that as of the date hereof:
3.1. Compliance with the Loan Agreement and Other Loan Documents. The Borrower is in compliance with all of the terms and
provisions set forth in the Loan Agreement and in the other Loan Documents to be observed or performed by the Borrower, except
where the failure of the Borrower to comply has been waived in writing by the Lender.
3.2. Representations in Loan Agreement and other Loan Documents. The representations and warranties of the Borrower set forth in
the Loan Agreement and the other Loan Documents are true and correct in all material respects except to the extent that such
representations and warranties relate solely to or are specifically expressed as of a particular date or period which is past or expired as
of the date hereof.
3.3. No Event of Default. No Default or Event of Default exists.
ARTICLE IV
GENERAL
4.1. Full Force and Effect. As expressly amended hereby, the Loan Agreement shall continue in full force and effect in accordance
with the provisions thereof. As used in the Loan Agreement, "hereinafter", "hereto", "hereof" or words of similar import, shall, unless
the context otherwise requires, mean the Loan Agreement as amended by this Amendment.
4.2. Applicable Law. This Amendment shall be governed by and construed in accordance with the internal laws and judicial decisions
of the State of North Carolina.
4.3. Counterparts. This Amendment may be executed in one or more counterparts, each of which shall constitute an original, but all of
which when taken together shall constitute but one and the same instrument.
4.4. Expenses. The Borrower shall reimburse the Lender for all reasonable legal fees and expenses incurred by the Lender in
connection with the preparation, negotiation, execution and delivery of this Amendment and all other agreements and documents or
contemplated hereby.
4.5. Headings. The headings in this Amendment are for the purpose of reference only and shall not affect the construction of this
Amendment.
Source: REPUBLIC AIRWAYS HOLDINGS INC, 10-K, February 27, 2006 Powered by Morningstar® Document Research℠