Frontier Airlines 2008 Annual Report Download - page 187

“United States” and “U.S.” mean the United States of America.
“United States Citizen” has the meaning specified in Section 5.01.
1.02 Other Interpretive Provisions. With reference to this Agreement and each other Loan Document, unless otherwise specified
herein or in such other Loan Document:
(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.
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 LOAN
2.01 Making of the Term Loan
(a) Term Borrowing on the Effective Date. Subject to the terms and conditions hereof, the Lender agrees to make, on the Effective
Date, a Term Borrowing to the Borrower in the amount as set forth in written notice to the Lender, such amount to be a multiple of
$100,000 up to $1,000,000 and in increments of $500,000 thereafter (but not to exceed the Term Commitment). Any amount
borrowed under this Section 2.01(a) and subsequently repaid or prepaid may not be reborrowed.
(b) Mechanics of a Term Borrowing on the Effective Date. Borrower shall provide the Lender with written notice no later than 10:00
a.m. (New York City time) on the Effective Date with respect to the Term Borrowing under Section 2.01(a). The Lender shall make
such Term Borrowing available to Borrower not later than 3:00 p.m. (New York City time) on the Effective Date by wire transfer of
same day funds in Dollars to the Controlled Account designated by the Borrower in such notice.
(c) Term Borrowing after the Effective Date. Subject to the terms and conditions hereof, the Lender agrees to make, upon notice from
time to time from the Borrower as set forth in Section 2.10(d), during the period that is the earlier of 365 days following the Effective
Date or the entry into service of the sixth aircraft pursuant to the Airline Services Agreement, a Term Borrowing to Borrower in a
Source: REPUBLIC AIRWAYS HOLDINGS INC, 10-K, March 16, 2009 Powered by Morningstar® Document Research℠