US Airways 2004 Annual Report Download - page 171

each such Non-Citizen, (ii) the number of shares of Stock Owned or Controlled by
such Non-Citizen and (iii) the date of registration of such shares in the
Foreign Stock Record. In no event shall shares in excess of the Permitted
Percentage be entered on the Foreign Stock Record. In the event that the
Corporation shall determine that Stock registered on the Foreign Stock Record
exceeds the Permitted Percentage, sufficient shares shall be removed from the
Foreign Stock Record so that the number of shares entered therein does not
exceed the Permitted Percentage. Stock shall be removed from the Foreign Stock
Record in reverse chronological order based upon the date of registration
therein.
SECTION 7.04 SUSPENSION OF VOTING RIGHTS. If at any time the number
of shares of Stock known to the Corporation to be Owned or Controlled by
Non-Citizens exceeds the Permitted Percentage, the voting rights of Stock Owned
or Controlled by Non-Citizens and not registered on the Foreign Stock Record at
the time of any vote or action of the stockholders of the Corporation shall,
without further action by the Corporation, be suspended. Such suspension of
voting rights shall automatically terminate upon the earlier of the (i) transfer
of such shares to a person or entity who is not a Non-Citizen, or (ii)
registration of such shares on the Foreign Stock Record, subject to the last two
sentences of Section 7.03.
SECTION 7.05 BENEFICIAL OWNERSHIP INQUIRY. (a) The Corporation may
by notice in writing (which may be included in the form of proxy or ballot
distributed to stockholders in connection with the annual meeting or any special
meeting of the stockholders of the Corporation, or otherwise) require a person
that is a holder of record of Stock or that the Corporation knows to have, or
has reasonable cause to believe has, Beneficial Ownership of Stock to certify in
such manner as the Corporation shall deem appropriate (including by way of
execution of any form of proxy or ballot of such person) that, to the knowledge
of such person:
(i) all Stock as to which such person has record ownership or
Beneficial Ownership is Owned and Controlled only by Citizens of the
United States; or
(ii) the number and class or series of Stock owned of record or
Beneficially Owned by such person that is Owned or Controlled by
Non-Citizens is as set forth in such certificate.
(b) With respect to any Stock identified in response to clause
(a)(ii) above, the Corporation may require such person to provide such further
information as the Corporation may reasonably require in order to implement the
provisions of this Article VII.
(c) For purposes of applying the provisions of this Article VII
with respect to any Stock, in the event of the failure of any person to provide
the certificate or other information to which the Corporation is entitled
pursuant to this Section 7.05, the Corporation shall presume that the Stock in
question is Owned or Controlled by Non-Citizens.
16.