Frontier Airlines 2008 Annual Report Download - page 124

(a) The meanings of defined terms are equally applicable to the singular and plural forms of the defined terms.
(b) (i) The words “herein,” “hereto,” “hereof” and “hereunder” and words of similar import when used in any Loan Document
shall refer to such Loan Document as a whole and not to any particular provision thereof.
(ii) Article, Section, Exhibit and Schedule references are to the Loan Document in which such reference appears.
(iii) The term “including” is by way of example and not limitation.
(iv) The term “documents” includes any and all instruments, documents, agreements, certificates, notices, reports, financial
statements and other writings, however evidenced, whether in physical or electronic form.
(c) In the computation of periods of time from a specified date to a later specified date, the word “from” means “from and
including;” the words “to” and “until” each mean “to but excluding;” and the word “through” means “to and including.”
(d) Section headings herein and in the other Loan Documents are included for convenience of reference only and shall not affect
the interpretation of this Agreement or any other Loan Document.
1.03 Accounting Terms. All accounting terms not specifically or completely defined herein shall be construed in conformity
with, and all financial data required to be submitted pursuant to this Agreement shall be prepared in conformity with, GAAP, as in
effect from time to time, applied in a manner consistent with that used in preparing the Audited Financial Statements.
1.04 References to Agreements and Laws. Unless otherwise expressly provided herein, (a) references to Organization
Documents, agreements (including the Loan Documents) and other contractual instruments shall be deemed to include all subsequent
amendments, restatements, extensions, supplements and other modifications thereto, but only to the extent that such amendments,
restatements, extensions, supplements and other modifications are not prohibited by any Loan Document; and (b) references to any
Law shall include all statutory and regulatory provisions consolidating, amending, replacing, supplementing or interpreting such Law.
1.05 Times of Day. Unless otherwise specified, all references herein to times of day shall be references to Eastern time (daylight
or standard, as applicable).
1.06 Uniform Commercial Code.
Unless otherwise defined herein, terms used in Article X that are defined in the UCC shall have the meanings assigned to them in
the UCC.
ARTICLE II
THE TERM COMMITMENTS AND TERM LOANS
2.01 The Term Loans.
(a) Borrowing of Term Loans on the Amendment and Restatement Effective Date . Subject to the terms and conditions hereof,
each Lender severally agrees to make, on the Amendment and Restatement Effective Date, a Term Loan to Borrower in an amount
equal to such Lender’s Term Commitment set forth opposite such Lender’s name on Schedule 2.01(a). Borrower may make only one
Term Borrowing under this Section 2.01(a) which Term Borrowing shall be on the Amendment and Restatement Effective Date. Any
amount borrowed under this Section 2.01(a) and subsequently repaid or prepaid may not be reborrowed. Each Lender’s Term
Commitment set forth opposite such Lender’s name on Schedule 2.01(a) shall terminate immediately and without further action on the
Amendment and Restatement Effective Date after giving effect to the funding of such Lender’s Term Commitment set forth opposite
such Lender’s name on Schedule 2.01(a) on such date.
(b) Borrowing Mechanics of Term Loans on the Amendment and Restatement Effective Date . Borrower shall deliver to
Administrative Agent a fully executed Loan Notice no later than 10:00 a.m. (New York City time) on the Amendment and
Restatement Effective Date with respect to the Term Loan Borrowing under Section 2.01(a). Promptly upon receipt by Administrative
Agent of such Loan Notice, Administrative Agent shall notify each Lender of its Pro Rata Share of the proposed Term
Borrowing. Each Lender shall make such Term Loan available to Borrower not later than 3:00 p.m. (New York City time) on the
Amendment and Restatement Effective Date by wire transfer of same day funds in Dollars to the Special Controlled Account.
(c) Borrowing of Term Loans on or after the Milestone Achievement Date . Subject to the terms and conditions hereof, each
Lender severally agrees to make, on or after the Milestone Achievement Date, a Term Loan to Borrower in an amount equal to such
Lender’s Term Commitment set forth opposite such Lender’s name on Schedule 2.01(c). Borrower may make only one Term
Borrowing under this Section 2.01(c) which Term Borrowing shall be on or (subject to the continued satisfaction of the conditions set
forth in Section 4.02) after the Milestone Achievement Date. Any amount borrowed under this Section 2.01(c) and subsequently
repaid or prepaid may not be reborrowed. Each Lender’s Term Commitment set forth opposite such Lender’s name on Schedule
2.01(c) shall terminate immediately and without further action on or after the Milestone Achievement Date after giving effect to the
funding of such Lender’s Term Commitment set forth opposite such Lender’s name on Schedule 2.01(c) on the date of the Term
Source: REPUBLIC AIRWAYS HOLDINGS INC, 10-K, March 16, 2009 Powered by Morningstar® Document Research℠