TRUST INDENTURE Among AEROVIAS NACIONALES DE COLOMBIA S.A. AVIANCA (“AVIANCA S.A. or the “COMPANY”), AS ISSUER, THE COMPANY’S WHOLLY-OWNED SUBSIDIARY, AVIANCA, INC., AS GUARANTOR (the “GUARANTOR”), And THE BANK OF NEW YORK, AS TRUSTEE (the “TRUSTEE”) ForTrust Indenture • December 6th, 2004 • Aerovias Nacionales De Colombia S.A. Avianca • Investors, nec
INTRODUCTION: THIS TRUST INDENTURE (the “Indenture”) is made and entered into, effective as of (the “Effective Date”), by and between Aerovias Nacionales De Colombia S.A. Avianca (“Avianca S.A.” or the “Company”), a sociedad anónima (similar to a corporation) organized under the laws of the Republic of Colombia, as issuer, the Company’s wholly-owned subsidiary, Avianca, Inc., a corporation organized under the laws of the State of New York, as guarantor (the “Guarantor”), and The Bank of New York, a New York banking corporation, as trustee (the “Trustee”). (The Company, the Guarantor, the Trustee, and such other Persons (as hereinafter defined) as become signatories to this Indenture, directly or by way of amendment, collectively, are herein sometimes referred to as the “Parties,” and, individually, are herein sometimes referred to as a “Party”).
