1
EXHIBIT 10.93
AMR FINANCE, INC.
0000 Xxxx Xxxxxx Xxxxxxxxx
Mail Drop 5618
Xxxx Xxxxx, Xxxxx 00000
Xxxxx 0, 0000
XXX XXXXXXXXX (000) 000-0000
Trans World Airlines, Inc.
One City Centre
000 Xxxxx 0xx Xxxxxx
Xx. Xxxxx, Xxxxxxxx 00000
Attn: Xxxx Soled
Re: Secured Debtor in Possession Credit and Security Agreement
dated as of January 10, 2001, by and among Trans World
Airlines, Inc., as Borrower, certain of Subsidiaries of
Borrower, as Guarantors, the Lenders from time to time party
thereto and AMR Finance, Inc., as Administrative Agent (as may
be amended, extended, renewed, or restated from time to time,
the "Credit Agreement"; terms defined in the Credit Agreement
and not otherwise defined herein shall be used herein as
defined in the Credit Agreement)
Dear Xxxx:
This letter is to evidence our agreement that the phrase "thirty (30)
days" set forth in Section 7.11(b) of the Credit Agreement is hereby deleted and
replaced with the phrase "sixty (60) days".
As a material inducement to the Lenders to execute this letter,
Borrower hereby represents and warrants to the Lenders that, after giving effect
to this letter and the waiver contained herein: (a) all of the representations
and warranties contained in the Credit Agreement and the other Loan Documents
are true and correct as of the date hereof as though made as of such date
(unless they speak to a specific date or are based upon facts which have changed
by transactions expressly contemplated or permitted by the Credit Agreement);
and (b) no Default or Event of Default exists.
By execution of this letter in the space provided below, Borrower
consents to the foregoing and ratifies and confirms that the Credit Agreement
and all other Loan Documents, and all renewals, extensions, and restatements of,
and amendments and supplements to, any of the foregoing, are and remain in full
force and effect in accordance with their respective terms.
The waiver hereby granted by the Lenders does not (a) constitute a
waiver or modification of any other terms or provisions set forth in the Credit
Agreement or any other Loan Document and shall not impair any right that any
Lender may now or hereafter have under or in connection with the Credit
Agreement or any other Loan Document, and (b) impair any
2
Trans World Airlines, Inc.
March 7, 2001
Page 2
Lender's rights to insist upon strict compliance with the Credit Agreement, as
amended or otherwise modified hereby, or the other Loan Documents. The Loan
Documents continue to bind and inure to Borrower and the Lender and their
respective successors and permitted assigns.
This letter, when countersigned by the Required Lenders, shall
be a "Loan Document" as defined and referred to in the Credit Agreement and the
other Loan Documents, and may be signed in any number of counterparts, each of
which shall be deemed an original, but all of which together shall constitute
one and the same instrument. THIS LETTER SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK.
This letter, the Credit Agreement, and the other Loan Documents embody
the final, entire agreement among the parties hereto and supersede any and all
prior commitments, agreements, representations, and understandings, whether
written or oral, relating to the subject matter hereof and may not be
contradicted or varied by evidence of prior, contemporaneous, or subsequent oral
agreements or discussions of the parties hereto, there are no oral agreements
among the parties hereto.
AMR Finance, Inc., as Administrative
Agent and Lender
By:
-----------------------------------
Name:
---------------------------------
Title:
--------------------------------
cc: Xxxxxx X. Xxxxxxx
Xxxxxxxx & Xxxxx
(000) 000-0000 fax
3
Trans World Airlines, Inc.
March 7, 2001
Page 3
Acknowledged and Accepted this _____ day of March, 2001:
TRANS WORLD AIRLINES, INC.,
as Borrower
By:
-----------------------------------
Name: Xxxxxxx X. Xxxxxxx
Title: President and Chief
Executive Officer
