Frontier Airlines 2008 Annual Report Download - page 114

occurred and is continuing) and (b) the termination of the Airline Service Agreement in accordance with its terms pursuant to Section
8.02(a), (b) or (d) of the Airline Service Agreement.
“Amendment and Restatement Effective Date” means the first date on which all of the conditions precedent set forth in
Section 4.01 are satisfied or waived.
“American Express” means American Express Travel Related Services Company, Inc.
“American Express Agreement” means the Agreement Governing Acceptance of the American Express Card By Airlines dated as
of January 1, 2003 (as amended, supplemented or otherwise modified through the date hereof) among American Express and Midwest
Express Airlines, Inc.
“Applicable Rate” means a per annum rate equal to 10.25%.
“Assignment and Assumption” means an Assignment and Assumption substantially in the form of Exhibit C.
“Associated Bank Control Agreement” means the Amended and Restated Deposit Account Control Agreement, dated as of the
Amended and Restated Closing Date, among the Borrower, Skyway, the Collateral Agent and Associated Bank, National Association.
“Attorney Costs” means and includes all reasonable fees, expenses and disbursements of any law firm or other external counsel.
“Audited Financial Statements” means the audited consolidated balance sheet of Parent and its Subsidiaries for the fiscal year
ended December 31, 2007, and the related consolidated statements of income or operations, shareholders’ equity and cash flows for
such fiscal year of Parent and its Subsidiaries, including the notes thereto.
“Bankruptcy Code” means Chapter 11 of 11 U.S.C. §§ 101 et seq. (as heretofore and hereafter amended).
“Borrower” has the meaning specified in the introductory paragraph hereto.
“Business Day” means any day other than a Saturday, Sunday or day on which banks in New York City, New York are authorized
or required by law to close.
“Business Plan” has the meaning specified in Section 4.2(h).
“Cape Town Convention” means the official English language text of the Cape Town Convention on International Interests in
Mobile Equipment and the Cape Town Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific
to Aircraft Equipment prepared under the joint auspices of the International Institute for the Unification of Private Law and the
International Civil Aviation Organization, which was signed in Cape Town South Africa on November 16, 2001.
“Capital Lease Obligations” means, as to any Person, the obligations of such Person to pay rent or other amounts under any lease of
(or other arrangement conveying the right to use) real or personal property, or a combination thereof, which obligations are required to
be classified and accounted for as capital leases on a balance sheet of such Person under GAAP and, for the purposes of this
Agreement, the amount of such obligations at any time shall be the capitalized amount thereof at such time determined in accordance
with GAAP.
“Capital Stock” means any and all shares, interests, participations or other equivalents (however designated) of capital stock of a
corporation, any and all equivalent ownership interests in a Person (other than a corporation) and any and all warrants, rights or
options to purchase any of the foregoing.
“Cash Equivalents” means any of the following types of Investments, to the extent owned by any Loan Party free and clear of all
Liens (other than Liens created under the Collateral Documents):
(i)marketable securities (a) issued or directly and unconditionally guaranteed as to interest and principal by the United States
Government or (b) issued by any agency or instrumentality of the United States the obligations of which are backed by the full faith
and credit of the United States, in each case maturing no more than 180 days after such date; (ii) commercial paper issued by domestic
corporations or institutions, states or municipalities maturing no more than 180 days after such date if such commercial paper, at the
time of the acquisition thereof, has a rating of at least A-1 from S&P or at least P-1 from Moody’s; (iii) certificates of deposit or
bankers’ acceptances maturing no more than 180 days after such date and issued or accepted by any Lender or by any commercial
bank organized under the laws of the United States of America or any state thereof or the District of Columbia that (a) is at least
“adequately capitalized” (as defined in the regulations of its primary Federal banking regulator) and (b) has net assets of not less than
$1,000,000,000 and that has a rating of at least AA from S&P or at least Aa from Moody’s; and (iv) shares of any money market
mutual fund registered with the SEC under Rule 2a-7 that guarantees 100% same day liquidity and has net assets not less than
$1,000,000,000.
“CERCLA” means the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended from time to
time.
Source: REPUBLIC AIRWAYS HOLDINGS INC, 10-K, March 16, 2009 Powered by Morningstar® Document Research℠