Frontier Airlines 2008 Annual Report Download - page 134

outstanding indebtedness owed to each Loan Party by the issuers thereof and, as of the Amendment and Restatement Effective Date, is
outstanding in the principal amount indicated on Schedule II hereto.
5.21 Indebtedness and Guaranteed Indebtedness. All Indebtedness and Guaranteed Indebtedness outstanding as of the Amended
and Restated Effective Date for each Loan Party (other than the Obligations) is described on Schedule 7.03.
5.22 Deposit Accounts. Schedule 5.22 lists all banks and other financial institutions at which any Loan Party maintains deposit or
other accounts in the United States, and such Schedule correctly identifies the name, address and telephone number of each
depository, the name in which the account is held and the complete account number therefor.
ARTICLE VI
AFFIRMATIVE COVENANTS
So long as (i) any Lender shall have any Term Commitment hereunder, (ii) any Term Loan remains outstanding, (iii) any other
Obligation (other than Airline Service Agreement Obligations outstanding after the Maturity Date) hereunder which is accrued and
payable shall remain unpaid or unsatisfied or (iv) solely with respect to Sections 6.01, 6.05, 6.07, 6.10, 6.12, 6.13, 6.14, 6.15 6.16,
6.17 and 6.18, any Airline Service Agreement Obligations shall remain outstanding prior to the Airline Service Agreement
Termination Date, Parent and the Borrower shall, and shall (except in the case of the covenants set forth in Sections 6.01, 6.02, and
6.03) cause each Loan Party to:
6.01 Financial Statements. Deliver to the Administrative Agent and each Lender, in form and detail reasonably satisfactory to the
Administrative Agent:
(a) as soon as available, but in any event within 90 days after the end of each fiscal year of the Parent, a consolidated balance
sheet of the Parent and its Subsidiaries as at the end of such fiscal year, and the related consolidated statements of income or
operations, shareholders’ equity and cash flows for such fiscal year, setting forth in each case in comparative form the figures for the
previous fiscal year, all in reasonable detail and prepared in accordance with GAAP, audited and accompanied by a report and opinion
of an independent certified public accountant of nationally recognized standing acceptable to the Administrative Agent and each
Significant Lender, which report and opinion shall be prepared in accordance with generally accepted auditing standards and shall not
be qualified in any material respect except with respect to a “going concern” or like qualification or exception;
(b) as soon as available, but in any event within 45 days after the end of each of the first three fiscal quarters of each fiscal year of
the Parent, a consolidated balance sheet of the Parent and its Subsidiaries as at the end of such fiscal quarter, and the related
consolidated statements of income or operations, shareholders’ equity and cash flows for such fiscal quarter and for the portion of the
Parent’s fiscal year then ended, setting forth in each case in comparative form the figures for the corresponding fiscal quarter of the
previous fiscal year and the corresponding portion of the previous fiscal year, all in reasonable detail and certified by the Chief
Executive Officer or the Chief Financial Officer of the Parent as fairly presenting the financial condition, results of operations,
shareholders’ equity and cash flows of the Parent and its Subsidiaries in accordance with GAAP, subject only to normal year end audit
adjustments and the absence of footnotes;
(c) as soon as available, but in any event within 30 days after the end of each month, other than the third month of any fiscal
quarter, a consolidated balance sheet of the Parent and its Subsidiaries as at the end of such fiscal month, and the related consolidated
statements of income or operations, shareholders’ equity and cash flows for such fiscal month and for the portion of the Parent’s fiscal
year then ended, setting forth in each case in comparative form the figures for the corresponding fiscal month of the previous fiscal
year and the corresponding portion of the previous fiscal year, all in reasonable detail and certified by the Chief Executive Officer or
the Chief Financial Officer of the Parent as fairly presenting the financial condition, results of operations, shareholders’ equity and
cash flows of the Parent and its Subsidiaries in accordance with GAAP, subject only to normal year end audit adjustments and the
absence of footnotes; and
(d) (i) as soon as available, but no more than five (5) Business Days after the end of each calendar week a cash balance report for
such calendar week, which report shall show, among other things, the aggregate amount of cash and Cash Equivalents that any of the
Loan Parties has unrestricted access to on each day of such calendar week, and the aggregate amount of cash that the Loan Parties are
restricted from accessing on each day of such calendar week and (ii) a flash cash report as of the day preceding such report.
6.02 Certificates; Other Information. Deliver to the Administrative Agent and each Lender, in form and detail reasonably
satisfactory to the Administrative Agent and each Significant Lender:
(a) promptly after any request by the Administrative Agent or any Lender, copies of any detailed audit reports, management
letters or recommendations submitted to the board of directors (or the audit committee of the board of directors) of any Loan Party by
independent accountants in connection with the accounts or books of any Loan Party, or any audit of any of them;
(b) promptly after the furnishing thereof, copies of any statement or report furnished to any holder of debt securities of any Loan
Party pursuant to the terms of any indenture, loan or credit or similar agreement and not otherwise required to be furnished to the
Lenders pursuant to any other clause of this Section 6.02;
Source: REPUBLIC AIRWAYS HOLDINGS INC, 10-K, March 16, 2009 Powered by Morningstar® Document Research℠