revocation or suspension has occurred).
"United States":
the United States of America.
"Use or Lose Rule":
with respect to the Slots, the terms of 14 C.F.R. Section
93.227.
"U.S. Bank":
U.S. Bank National Association.
1.2
OTHER DEFINITIONAL PROVISIONS.
(A)
UNLESS OTHERWISE SPECIFIED THEREIN, ALL TERMS DEFINED IN THIS
AGREEMENT SHALL HAVE THE DEFINED MEANINGS WHEN USED IN THE OTHER LOAN DOCUMENTS
OR ANY CERTIFICATE OR OTHER DOCUMENT MADE OR DELIVERED PURSUANT HERETO OR
THERETO.
(B)
AS USED HEREIN AND IN THE OTHER LOAN DOCUMENTS, AND ANY
CERTIFICATE OR OTHER DOCUMENT MADE OR DELIVERED PURSUANT HERETO OR THERETO, (I)
ACCOUNTING TERMS RELATING TO HOLDINGS AND ITS SUBSIDIARIES NOT DEFINED IN
SECTION 1.1 SHALL HAVE THE RESPECTIVE MEANINGS GIVEN TO THEM UNDER GAAP, (II)
THE WORDS "INCLUDE," "INCLUDES" AND "INCLUDING" SHALL BE DEEMED TO BE FOLLOWED
BY THE PHRASE "WITHOUT LIMITATION," AND (III) THE WORDS "ASSET" AND "PROPERTY"
SHALL BE CONSTRUED TO HAVE THE SAME MEANING AND EFFECT AND TO REFER TO ANY AND
ALL TANGIBLE AND INTANGIBLE ASSETS AND PROPERTIES, INCLUDING CASH, CAPITAL
STOCK, SECURITIES, REVENUES, ACCOUNTS, LEASEHOLD INTERESTS AND CONTRACT RIGHTS.
(C)
THE WORDS "HEREOF," "HEREIN" AND "HEREUNDER" AND WORDS OF SIMILAR
IMPORT WHEN USED IN THIS AGREEMENT SHALL REFER TO THIS AGREEMENT AS A WHOLE AND
NOT TO ANY PARTICULAR PROVISION OF THIS AGREEMENT, AND SECTION, SCHEDULE AND
EXHIBIT REFERENCES ARE TO THIS AGREEMENT UNLESS OTHERWISE SPECIFIED.
(D)
THE MEANINGS GIVEN TO TERMS DEFINED HEREIN SHALL BE EQUALLY
APPLICABLE TO BOTH THE SINGULAR AND PLURAL FORMS OF SUCH TERMS.
(E)
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, ALL TERMS OF AN
ACCOUNTING OR FINANCIAL NATURE SHALL BE CONSTRUED IN ACCORDANCE WITH GAAP;
PROVIDED THAT, IF THE BORROWER NOTIFIES THE ADMINISTRATIVE AGENT THAT THE
BORROWER REQUESTS AN AMENDMENT TO ANY PROVISION HEREOF TO ELIMINATE THE EFFECT
OF ANY CHANGE OCCURRING AFTER THE CLOSING DATE IN GAAP OR IN THE APPLICATION
THEREOF, INCLUDING AS A RESULT OF FRESH START ACCOUNTING PRINCIPLES, ON THE
OPERATION OF SUCH PROVISION (OR IF THE ADMINISTRATIVE AGENT NOTIFIES THE
BORROWER THAT THE REQUIRED LENDERS REQUEST AN AMENDMENT TO ANY PROVISION HEREOF
FOR SUCH PURPOSE), REGARDLESS OF WHETHER ANY SUCH NOTICE IS GIVEN BEFORE OR
AFTER SUCH CHANGE IN GAAP OR IN THE APPLICATION THEREOF, INCLUDING AS A RESULT
OF FRESH START ACCOUNTING PRINCIPLES, THEN SUCH PROVISION SHALL BE INTERPRETED
ON THE BASIS OF GAAP AS IN EFFECT AND APPLIED IMMEDIATELY BEFORE SUCH CHANGE
SHALL HAVE BECOME EFFECTIVE UNTIL SUCH NOTICE SHALL HAVE BEEN WITHDRAWN OR SUCH
PROVISION AMENDED IN ACCORDANCE HEREWITH.
SECTION 2
AMOUNT AND TERMS OF COMMITMENTS
2.1
Term Commitments.
Subject to the terms and conditions hereof,
each Term Lender severally agrees to make a term loan (a "Term Loan") to the
Borrower on the Closing Date in an amount equal to the amount of the Term
Commitment of such Lender.
The Term Loans may from time to time
21
be Eurodollar Loans or ABR Loans, as determined by the Borrower and notified to
the Administrative Agent in accordance with Sections 2.2 and 3.3.
2.2