Common use of Slots Clause in Contracts

Slots. Section 3.2(r) of the Delta Disclosure Schedule sets forth a true, correct and complete list of all rights and operational authority held by Delta and its Subsidiaries as of the date hereof to conduct one Instrument Flight Rule (as defined under the FAA regulations) or one scheduled landing or takeoff operation at a specific time or during a specified time period at New York LaGuardia Airport (LGA), Xxxxxx Xxxxxx Washington National Airport (DCA), London Gatwick Airport (LGW), London Heathrow Airport (LHR), or Tokyo Narita International Airport (NRT) (the “Delta Slots”); provided, that such list shall exclude those slots which have been permanently allocated to another air carrier and in which Delta and its Subsidiaries hold only temporary use rights. Delta and its Subsidiaries are utilizing the Delta Slots (or have contractually obligated other air carriers to utilize the Delta Slots) in a manner consistent with Applicable Laws in order to preserve their rights to hold and operate the Delta Slots, taking into account any waivers or other relief granted by the DOT, FAA or other Governmental Entity. Neither Delta nor any of its Subsidiaries has received any written notice from the DOT, FAA, or other Governmental Entity that would be reasonably likely to impair in any material respect their respective right to hold and operate any Delta Slot. Delta and its Subsidiaries will have complied in all material respects with the requirements of the regulations issued under the FAA and any other Applicable Laws with respect to the Delta Slots to protect the Delta Slots from termination or withdrawal under regulations established by the DOT, FAA or other Governmental Entity. Neither Delta nor any of its Subsidiaries has agreed to any sale or transfer (other than of a temporary period of less than one year) of any of the Delta Slots.

Slots. Section 3.2(r3.1(s) of the Delta American Disclosure Schedule Letter sets forth a true, correct and complete list of all held or owned takeoff and landing slots, operating authorizations from the FAA or any other Governmental Entity and other similar designated takeoff and landing rights and operational authority held or owned by Delta and American or any of its Subsidiaries as of (“American Slots”) on the date hereof to conduct one Instrument Flight Rule (as defined under the FAA regulations) at any domestic or one scheduled landing or takeoff operation at a specific time or during a specified time period at New York LaGuardia Airport (LGA)international airport, Xxxxxx Xxxxxx Washington National Airport (DCA), London Gatwick Airport (LGW), London Heathrow Airport (LHR), or Tokyo Narita International Airport (NRT) (the “Delta Slots”); provided, that and such list shall exclude those slots which indicate and identify (i) any held or owned American Slots that have been permanently allocated to another air carrier beyond the end-of-the current International Air Transport Association (“IATA”) traffic season and in which Delta American and its Subsidiaries hold only temporary use rights. Delta , (ii) any American Slots that have been allocated to American and its Subsidiaries are utilizing from another air carrier beyond the Delta Slots (or have contractually obligated end-of-the current IATA traffic season and in which such other air carriers carrier holds only temporary use rights and (iii) any Contracts, agreements or temporary government orders or decisions concerning specific American Slots or operating authorities. Except as would not, individually or in the aggregate, reasonably be expected to utilize the Delta Slotshave an American Material Adverse Effect, (i) in a manner consistent with Applicable Laws in order to preserve their rights to hold and operate the Delta Slots, taking into account any waivers or other relief granted by the DOT, FAA or other Governmental Entity. Neither Delta nor any of its Subsidiaries has received any written notice from the DOT, FAA, or other Governmental Entity that would be reasonably likely to impair in any material respect their respective right to hold and operate any Delta Slot. Delta American and its Subsidiaries will have complied in all material respects with the requirements of the regulations issued under the FAA Federal Aviation Act and any other Applicable Laws Laws, rules or regulations promulgated in the United States or in any country in which American operates by either a civil aviation authority, airport authority or slot coordinator with respect to the Delta American Slots, (ii) neither American nor any of its Subsidiaries has received, as of the date hereof, any notice of any proposed withdrawal of the American Slots by the FAA, the DOT or any other Governmental Entity, (iii)(A) the American Slots have not been designated for the provision of essential air services under the regulations of the FAA, were not acquired pursuant to 14 C.F.R. § 93.219 and have not been designated for international operations, as more fully detailed in 14 C.F.R. § 93.217 and (B) to the extent covered by 14 C.F.R. § 93.227, American and its Subsidiaries have used the American Slots (or the American Slots have been used by other air carriers) either at least 80% of the maximum amount that each American Slot could have been used during each full and partial reporting period (as described in 14 C.F.R. § 93.227(i)) or such greater or lesser amount of minimum usage as may have been required to protect the Delta Slots such American Slot’s authorization from termination or withdrawal under regulations established by any Governmental Entity or airport authority, (iv) all reports required by the DOT, FAA or any other Governmental Entity. Neither Delta Entity relating to the American Slots have been filed in a timely manner and (v) except as set forth in Section 3.1(s)(v) of the American Disclosure Letter, as of the date hereof, neither American nor any of its Subsidiaries has agreed to any future American Slot slide, American Slot trade, American Slot purchase, American Slot sale or other transfer (other than of a temporary period of less than one year) of any of the Delta SlotsAmerican Slots outside the ordinary course of business consistent with past practice.

Slots. Section 3.2(r3.1(r) of the Delta Northwest Disclosure Schedule sets forth a true, correct and complete list of all rights and operational authority held by Delta Northwest and its Subsidiaries as of the date hereof to conduct one Instrument Flight Rule (as defined under the FAA regulations) or one scheduled landing or takeoff operation at a specific time or during a specified time period at New York LaGuardia Airport (LGA), Xxxxxx Xxxxxx Washington National Airport (DCA), London Gatwick Airport (LGW), London Heathrow Airport (LHR), or Tokyo Narita International Airport (NRT) (the “Delta Northwest Slots”); provided, that such list shall exclude those slots which have been permanently allocated to another air carrier and in which Delta Northwest and its Subsidiaries hold only temporary use rights. Delta Northwest and its Subsidiaries are utilizing the Delta Northwest Slots (or have contractually obligated other air carriers to utilize the Delta Northwest Slots) in a manner consistent with Applicable Laws in order to preserve their rights to hold and operate the Delta Northwest Slots, taking into account any waivers or other relief granted by the DOT, FAA or other Governmental Entity. Neither Delta Northwest nor any of its Subsidiaries has received any written notice from the DOT, FAA, or other Governmental Entity that would be reasonably likely to impair in any material respect their respective right to hold and operate any Delta Northwest Slot. Delta Northwest and its Subsidiaries will have complied in all material respects with the requirements of the regulations issued under the FAA and any other Applicable Laws with respect to the Delta Northwest Slots to protect the Delta Northwest Slots from termination or withdrawal under regulations established by the DOT, FAA or other Governmental Entity. Neither Delta Northwest nor any of its Subsidiaries has agreed to any sale or transfer (other than of a temporary period of less than one year) of any of the Delta Northwest Slots.