Frontier Airlines 2008 Annual Report Download - page 195

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 and the Chief Financial Officer of the Borrower as fairly presenting the financial condition, results of
operations, shareholders’ equity and cash flows of the Borrower and its Subsidiaries in accordance with GAAP, subject only to
normal year end audit adjustments and the absence of footnotes; and
(d) 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 Borrower 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 Borrower’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 and the Chief Financial Officer of the Borrower as fairly presenting the financial condition, results of operations,
shareholders’ equity and cash flows of the Borrower and its Subsidiaries in accordance with GAAP, subject only to normal year
end audit adjustments and the absence of footnotes.
6.02 Certificates; Other Information. Deliver to the Lender, in form and detail reasonably satisfactory to the Lender:
(a) promptly after any request by the 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 Lender
pursuant to any other clause of this Section 6.02;
(c) promptly after the assertion or occurrence thereof, notice of any Environmental Action against or of any noncompliance by any
Loan Party with any Environmental Law or Environmental Permit that could reasonably be expected to have a Material Adverse
Effect.
(d) promptly, such additional information regarding the business, financial or corporate affairs of any Loan Party, or compliance with
the terms of the Loan Documents, as the Lender may from time to time reasonably request; and
(e) promptly upon request of the Lender a schedule listing all locations at which $100,000 or more of Equipment of any Loan Party is
located.
6.03 Notices. Promptly notify the Lender:
(a) of the occurrence of any Default;
(b) of any matter that has resulted or could reasonably be expected to result in a Material Adverse Effect;
(c) of any material setoff, claims (including with respect to material environmental claims), withholdings or other defenses to which
any of the Collateral, or any of the Lender’s rights with respect to the Collateral, in any material respect, are subject.
Each notice pursuant to this Section shall be accompanied by a statement of a Responsible Officer of the Borrower setting
forth details of the occurrence referred to therein and stating what action the Borrower has taken and proposes to take with respect
thereto. Each notice pursuant to Section 6.03(a) shall describe with particularity any and all provisions of this Agreement and any
other Loan Document that have been breached.
6.04 Payment of Obligations. Pay all taxes, assessments and other governmental charges imposed upon it or any of its properties or
assets or in respect of any of its income, businesses or franchises before any penalty accrues thereon, and all claims (including claims
for labor, services, materials and supplies) for sums that have become due and payable and that by law have or may become a Lien
upon any of its properties or assets, prior to the time when any penalty or fine shall be incurred with respect thereto; provided that no
such tax, assessment, charge or claim need be paid if it is being contested in good faith by appropriate proceedings promptly instituted
and diligently conducted, so long as (i) such reserve or other appropriate provision, if any, as shall be required in conformity with
GAAP shall have been made therefor and (ii) such proceedings conclusively operate to stay the sale of any portion of the Collateral to
satisfy such charge or claim.
6.05 Preservation of Existence, Etc. (a) Preserve, renew and maintain in full force and effect its legal existence and good standing
under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 7.05 or 7.06; (b) take all reasonable
action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business,
except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect or is due to a termination
of the Mesa Code Share Agreement; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks,
the non-preservation of which could reasonably be expected to have a Material Adverse Effect, except to the extent that failure to do
so is due to a termination of the Mesa Code Share Agreement.
6.06 Maintenance of Properties. (a) Maintain, preserve and protect all of its material properties and equipment necessary in the
operation of its business in good working order and condition, ordinary wear and tear excepted; (b) make all necessary repairs thereto
Source: REPUBLIC AIRWAYS HOLDINGS INC, 10-K, March 16, 2009 Powered by Morningstar® Document Research℠