Frontier Airlines 2008 Annual Report Download - page 122

Party and such Responsible Officer shall be conclusively presumed to have acted on behalf of such Loan Party.
“Restricted Payment” means any dividend or other distribution (whether in cash, securities or other property) with respect to any
capital stock or other Equity Interest of any Loan Party, or any payment (whether in cash, securities or other property), including any
sinking fund or similar deposit, on account of the purchase, redemption, retirement, defeasance, acquisition, cancellation or
termination of any such capital stock or other Equity Interest, or on account of any return of capital to any Loan Party’s stockholders,
partners or members (or the equivalent Persons thereof).
“Routes” means each right, license, permit, and other authorization whereby any Loan Party is entitled or permitted to fly between
two or more points, either within one country or between two countries.
“S&P” means Standard & Poor’s Ratings Services, a division of The McGraw-Hill Companies, Inc. and any successor thereto.
“SEC” means the Securities and Exchange Commission, or any Governmental Authority succeeding to any of its principal
functions.
“Second Amendment” has the meaning set forth in the preliminary statements hereto.
“Second Amendment Effective Date” has the meaning set forth in the preliminary statements hereto.
“Second Term Loans” has the meaning set forth in the preliminary statements hereto.
“Secured Credit Documents” means, collectively, (i) the Loan Documents, (ii) the Reimbursement Documents and (iii) the Airline
Service Agreement.
“Secured Credit Obligations” means, collectively, (i) the Obligations and (ii) the Reimbursement Obligations.
“Secured Parties” means, collectively, the Administrative Agent, the Collateral Agent, the Lenders, the Northwest Parties, each
co-agent or sub-agent appointed by the Administrative Agent, Northwest or the Collateral Agent from time to time pursuant to Section
9.02 or Section 9.02 of the Reimbursement Agreement, and the other Persons the Obligations owing to which are or are purported to
be secured by the Collateral under the terms of the Collateral Documents (including, without limitation, the holder of any Airline
Service Agreement Obligations).
“Significant Lender” means, as of any date of determination, any Lender that holds in the aggregate more than 25% of the sum of
(x) the aggregate outstanding principal amount of the Term Loans and (y) aggregate unfunded Term Commitments.
“Skyway” means Skyway Airlines, Inc., a Delaware corporation.
“Slot” has the meaning specified in the Slot Security Agreement.
“Slot Security Agreement” has the meaning specified in Section 4.01(a)(xii).
“Spare Part” has the meaning specified in the Spare Parts Security Agreement.
“Spare Parts Security Agreement” has the meaning specified in Section 4.01(a)(xiv).
“Special Controlled Account” means account no. 2183017033 at Associated Bank, National Association.
“Subsidiary” of a Person means a corporation, partnership, joint venture, limited liability company or other business entity of which
a majority of the shares of securities or other interests having ordinary voting power for the election of directors or other governing
body (other than securities or interests having such power only by reason of the happening of a contingency) are at the time
beneficially owned, or the management of which is otherwise controlled, directly, or indirectly through one or more intermediaries, or
both, by such Person. Unless otherwise specified, all references herein to a “Subsidiary” or to “Subsidiaries” shall refer to a
Subsidiary or Subsidiaries of the Borrower.
“Swap Contract” means (a) any and all rate swap transactions, basis swaps, credit derivative transactions, forward rate transactions,
commodity swaps, commodity options, forward commodity contracts, equity or equity index swaps or options, bond or bond price or
bond index swaps or options or forward bond or forward bond price or forward bond index transactions, interest rate options, forward
foreign exchange transactions, cap transactions, floor transactions, collar transactions, currency swap transactions, cross-currency rate
swap transactions, currency options, spot contracts, or any other similar transactions or any combination of any of the foregoing
(including any options to enter into any of the foregoing), whether or not any such transaction is governed by or subject to any master
agreement, and (b) any and all transactions of any kind, and the related confirmations, which are subject to the terms and conditions
of, or governed by, any form of master agreement published by the International Swaps and Derivatives Association, Inc., any
International Foreign Exchange Master Agreement, or any other master agreement (any such master agreement, together with any
related schedules, a “Master Agreement”), including any such obligations or liabilities under any Master Agreement.
Source: REPUBLIC AIRWAYS HOLDINGS INC, 10-K, March 16, 2009 Powered by Morningstar® Document Research℠