Here is Spirits paragraph regarding this:
6. The Company shall be excused from compliance with the
foregoing paragraphs 1-4 in the event of a “Circumstance
Beyond The Company’s Control,” the retirement of aircraft
in the normal course of business, or requirement by a government
agency that the Company reduce or cancel service,
as well as from paragraph 1 for economic reasons, not related
to the acquisition transaction, and one of the foregoing is
the cause of non-compliance.
Paragraph 1 for reference:
1. Spirit pilots will have the right to operate all aircraft on hand
at the Company or on firm order for the use of the Company
as of the date of the closing of the acquisition transaction.
Frontier's:
6. The Company shall be excused from compliance with Paragraphs H.1.-H.4.,
above, in the event of a “Force Majeure” as defined in Paragraph E.8., above,
the retirement of aircraft in the normal course of business, or requirement by
a government agency that the Company reduce or cancel service, as well as
from Paragraph H.1., above, for economic reasons, not related to the
acquisition transaction, and one of the foregoing events is the cause of noncompliance.
Force Majeure:
8. “Force Majeure,” as used in this Section 1, means one or more of the
following extraordinary events or circumstances if it is beyond the control of
the Company and if it negatively impacts the Company’s ability to conduct a
portion of its flight operations, but it does not include the price of fuel,
aircraft, or other supplies, the state of the economy, the financial state of the
Company, or the relative profitability or unprofitability of the Company’s
then-current or projected operations:
a. A natural disaster;
b. Grounding by a government agency, loss, or destruction of Company
aircraft;
c. A decrease in available fuel supply or other critical materials due to
either governmental action or commercial suppliers being unable to
provide sufficient fuel or other critical materials for the Company’s
operations;
d. Revocation of a Company operating certificate;
e. A U.S. Government declared national emergency, a war or act of
terrorism on U.S. soil;
f. Any delay, not caused by the Company, in delivery of new aircraft
scheduled for delivery;
g. A strike by one or more groups of the Company’s employees;
h. A health crisis or pandemic.