Frontier Airlines 2006 Annual Report Download - page 212

XVII. ASSIGNMENT, MERGER AND ACQUISITION
A. ASSIGNMENT
This Agreement may be terminated by either United or Contractor (the “First Party”) if the other party assigns this
Agreement or any of its rights, duties or obligations under this Agreement (except an assignment of the right to money to be received
hereunder and except to any affiliate of Contractor) without the prior written consent of the First Party. In the event that this
Agreement is assigned in violation of this Article XVII, without such consent having been given in writing, the First Party will have
the right to terminate this Agreement immediately by telegraphic or written notice to the other party; provided, however, that a
corporate reorganization that does not result in a material change in the ultimate ownership of Contractor from the ownership that
existed prior to such transaction will not be considered an assignment as long as all of the entities succeeding to any of the assets or
liabilities of Contractor prior to such corporate reorganization agree to be bound by this Agreement.
B. MERGER
In the event Contractor or Republic merges with, or if control of Contractor or Republic is acquired by, another air carrier, or
a corporation directly or indirectly owning or controlling or directly or indirectly owned or controlled by another air carrier (a
“Holding Company”), or a corporation directly or indirectly owned or controlled by any such Holding Company, United will have
the option to terminate this Agreement without liability to Contractor, but shall have no such option if (1) Contractor or Republic is
the acquiring or surviving entity in such merger or acquisition, (2) the ultimate beneficial ownership of the surviving entity
immediately following such transaction is substantially similar (i.e. at least [*] common ownership) to the ultimate beneficial
ownership of Contractor or Republic as the case may be immediately prior to such transaction.
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* Confidential
Source: REPUBLIC AIRWAYS HOLDINGS INC, 10-K, March 15, 2007 Powered by Morningstar® Document Research℠