Frontier Airlines 2008 Annual Report Download - page 185

“Obligations” means (i) all advances to, and debts, liabilities, obligations, performance obligations, covenants and duties of,
any Loan Party arising under any Loan Document or otherwise with respect to any Term Loan, whether direct or indirect (including
those acquired by assumption), absolute or contingent, due or to become due, now existing or hereafter arising and including interest
and fees that accrue (or would accrue but for the commencement of any case or proceeding under any Debtor Relief Law) after the
commencement by or against any Loan Party or any Affiliate thereof of any case or proceeding under any Debtor Relief Laws naming
such Person as the debtor in such case or proceeding, regardless of whether such interest and fees are allowed claims in such case or
proceeding and (ii) any Airline Services Agreement Obligations.
“Organization Documents” means (a) with respect to any corporation, the certificate or articles of incorporation and the
bylaws (or equivalent or comparable constitutive documents with respect to any non-U.S. jurisdiction); (b) with respect to any limited
liability company, the certificate or articles of formation or organization and operating agreement; and (c) with respect to any
partnership, joint venture, trust or other form of business entity, the partnership, joint venture or other applicable agreement of
formation or organization and any agreement, instrument, filing or notice with respect thereto filed in connection with its formation or
organization with the applicable Governmental Authority in the jurisdiction of its formation or organization and, if applicable, any
certificate or articles of formation or organization of such entity.
“Other Taxes” has the meaning specified in Section 3.01(b).
“Participant” has the meaning specified in Section 12.07(c).
“Permitted Liens” means Liens described (i) in Sections 7.01(a), and (c) (to the extent such tax liens do not result in a
material risk of loss of the applicable asset), (ii) in Section 7.01(d), with respect to Airframes and Engines, to the extent permitted by
the Aircraft and Engine Mortgages, and (iii) on Schedule 7.01.
“Person” means any natural person, corporation, limited liability company, trust, joint venture, association, company,
partnership, Governmental Authority or other entity.
“Plan” means any employee pension benefit plan (other than a Multiemployer Plan) subject to the provisions of Title IV of
ERISA or Section 412 of the Code or Section 307 of ERISA, and in respect of which the Borrower or any ERISA Affiliate is (or, if
such plan were terminated, would under Section 4069 of ERISA be deemed to be) an “employer” as defined in Section 3(5) of ERISA.
“Pledge Agreement” means that certain Pledge Agreement by William J. Boyer, Jr. and Golden Pacific Land Corporation in
favor of the Lender, dated as of the Effective Date.
“Pledged Collateral” has the meaning set forth in Section 10.01.
“Pledged Debt” means the Indebtedness set forth opposite each Loan Party’s name on and as otherwise described in
Schedule II.
“Pledged Equity” means the shares of stock and other Equity Interests set forth opposite each Loan Party’s name on and as
otherwise described in Schedule I.
“Pledged Spare Parts” has the meaning assigned to such term in the Spare Parts Security Agreement.
“Republic” means Republic Airways Holdings Inc.
“Responsible Officer” means, (i) the chief executive officer, president, chief financial officer, executive vice president,
treasurer or assistant treasurer of a Loan Party, and (ii) with respect to each Loan Party (other than the Borrower), any person
authorized by the Board of Directors or shareholders of such Loan Party to execute documents in connection with the Loan
Documents on behalf of such Loan Party. Any document delivered hereunder or thereunder that is signed by a Responsible Officer of
a Loan Party shall be conclusively presumed to have been authorized by all necessary corporate, partnership and/or other action on the
part of such Loan 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.
Source: REPUBLIC AIRWAYS HOLDINGS INC, 10-K, March 16, 2009 Powered by Morningstar® Document Research℠