US Airways 2004 Annual Report Download - page 187

rearrangement, receivership, insolvency, reorganization, or similar debtor
relief laws from time to time in effect affecting the rights of creditors
generally.
DEFAULT is defined in SECTION 11.
DEFAULT RATE means, (i) with respect to the Outstanding Note Balance, on
any date, a per annum rate of interest equal from day to day to the non-Default
interest rate applicable to the Outstanding Note Balance, plus 5%, and (ii) with
respect to any other Obligation under the Loan Documents, the lesser of (a) the
Base Rate plus the then-effective Applicable Base Rate Margin plus 5% and (b)
the Maximum Rate.
DEPOSIT ACCOUNTS means any and all deposit accounts, bank accounts,
investment accounts, or securities accounts, now owned or hereafter acquired or
opened by Borrower, including, without limitation, any such accounts set forth
on SCHEDULE 8.20, and any account which is a replacement or substitute for any
of such accounts, together with all monies, instruments, certificates, checks,
drafts, wire transfer receipts, and other property deposited therein and all
balances therein.
DOLLARS and the symbol $ means lawful money of the United States of
America.
ELIGIBLE ASSIGNEE means (a) a commercial bank organized under the Laws of
the United States, or any state thereof, and having a combined capital and
surplus of at least $100,000,000; (b) a commercial bank organized under the Laws
of any other country which is a member of the Organization for Economic
Cooperation and Development (the "OECD"), or a political subdivision of any such
country, and having a combined capital and surplus of at least $100,000,000,
provided that such bank is acting through a branch or agency located in the
country in which it is organized or another country which is also a member of
the OECD; (c) any other entity which is an "ACCREDITED INVESTOR" (as defined in
Regulation D under the Securities Act) or (d) any other entity which is
"qualified institutional buyer" (as defined in Rule 144A of the Securities Act);
provided, however, that no Affiliate of Borrower shall be an Eligible Assignee.
ENVIRONMENTAL CLAIM means any actual or threatened claim, complaint,
accusation, citation, demand, notice, obligation, cause of action, or any order,
relating to or alleging any violation, damage (including, without limitation, to
any Person, property or natural resources), injury, judgment, penalty or fine,
cost of enforcement or compliance, cost of remedial action, cleanup,
restoration, contribution or indemnity, direct, indirect, consequential or
punitive damages, or any other cost or expense whatsoever, including reasonable
attorneys' fees and disbursements, relating to or resulting from (a) the
violation or alleged violation of any Environmental Law or Environmental
Requirements, (b) the Release or threatened Release of Hazardous Substances, (c)
the imposition of any Environmental Lien or (d) otherwise arising under any
Environmental Law or under any common law cause of action that could result in
Environmental Damages asserted by any Person against Borrower, Guarantor,
Administrative Agent or Lender.
ENVIRONMENTAL DAMAGES means all damages (including for strict liability
and under CERCLA), (including direct, indirect, consequential or punitive
damages), penalties, fines, costs, including response, compliance and oversight
costs and expenses (including reasonable fees, costs and expenses of attorneys,
consultants, contractors, experts and laboratories), of any and every kind or
character, contingent or otherwise, matured or unmatured, known or unknown,
direct or indirect, foreseeable or unforeseeable, made, incurred, suffered or
brought at any time and from time to time and arising in whole or in part from:
(a) The presence of any Hazardous Substance at the Mortgaged
Property, the Release or threatened Release of any Hazardous Substance on,
to or from the Mortgaged Property
Senior Secured Term Loan
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