DE
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91-1091619
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(State or other jurisdiction of
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(IRS Employer
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incorporation)
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Identification No.)
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Information to be included in the report
The financing arrangement is for a term of 10 years (ending November 1, 2016) at a fixed interest rate of 6.88% per annum. The indebtedness is required to be repaid in monthly installments of principal and interest during the term. A final balloon payment is due at the end of the term in the amount of 27% of the original principal amount plus any accrued interest. ABX Air may repay the loan in full at any time after the second year of the term for an amortizing prepayment fee equal to 2% of the remaining unpaid principal. The indebtedness is collaterized by the Boeing 767 aircraft to which the financing relates.
The entire amount of unpaid principal and interest may be accelerated and/or the collateralized aircraft repossessed in the event of default under the loan and security agreement or the promissory note. In addition, a 5% late charge may be assessed with respect to any overdue installment payment or other amount payable under the agreement or promissory note. The entire indebtedness may be subject to acceleration if certain other events of default occur. Additional terms of the financing arrangement, including negative covenants and events of default, are set forth in the loan and security agreement and the promissory note.
ABX Air previously reported that it had entered into a similar loan and security agreement with Chase Equipment Leasing, Inc. for a different Boeing 767 aircraft on August 24, 2006.
ABX Air also has a $45 million credit facility through a syndicated credit agreement with JP Morgan Chase Bank N.A. as the lead bank, which is the parent and sole shareholder of Chase Equipment Leasing, Inc. An event of default under the credit agreement with JP Morgan Chase Bank N.A. will also constitute an event of default under the new loan agreement with Chase Equipment Leasing, Inc. reported in this Item 1.01 and the prior loan agreement entered into on August 24th, 2006.
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ABX AIR, INC.
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Date: October 19, 2006
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By:
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/s/ W. Joseph Payne
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W. Joseph Payne
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Vice President, General Counsel & Secretary
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