US Airways 2004 Annual Report Download - page 188

or other Collateral, or the migration or threatened migration of any
Hazardous Substance to, from or through the Mortgaged Property; or
(b) The handling, treatment, containment, removal, storage,
decontamination, remediation, clean-up, transport or disposal of any
Hazardous Substance by Borrower or Guarantor, or any party for whose
actions Borrower or Guarantor is liable under this Agreement, the Loan
Documents, Environmental Requirements, or in connection with the Mortgaged
Property or other Collateral; or
(c) The breach of any representation, warranty, covenant or
agreement to the extent such breach relates to the environmental
representations, warranties, covenants or agreements in this Agreement; or
(d) Any violation of any Environmental Law or Environmental
Requirement, regardless of whether any act, omission, event or
circumstance giving rise to the violation constituted a violation at the
time of the occurrence or inception of such act, omission, event or
circumstance, by Borrower or Guarantor or any party for whose actions
either is liable, or in connection with the Mortgaged Property or other
Collateral; or
(e) Any Environmental Claim against Borrower or Guarantor in
connection with the Mortgaged Property or other Collateral, or the filing
or imposition of any Environmental Lien against the Mortgaged Property,
because of, resulting from, in connection with, or arising out of any of
the matters referred to in clauses (a) through (d) preceding.
ENVIRONMENTAL LAW means any applicable Law relating to protection of the
public health, welfare, and the environment, or occupational health and safety,
including without limitation, those relating to the storage, handling, shipment
and use of chemicals and other hazardous materials, those relating to the
generation, processing, treatment, storage, transport, disposal, investigation,
remediation, or other management of Hazardous Substances or waste materials of
any kind, and those relating to the protection of environmentally sensitive
areas, as any may have been and may be amended or supplemented from time to
time, and any analogous future enacted or adopted Law.
ENVIRONMENTAL LIEN means a Lien in favor of any Governmental Authority:
(a) under any Environmental Law; or (b) for any liability or damages arising
from, or costs incurred by, any Governmental Authority in response to, the
Release or threatened Release of any Hazardous Substance at the Mortgaged
Property.
ENVIRONMENTAL REQUIREMENT means any Environmental Law, agreement, permit,
authorization, approval, identification number, license, notification,
registration, order or restriction, applicable to the Borrower or Guarantor, in
connection with the Mortgaged Property or other Collateral as the same now
exists or may be changed, amended, or come into effect in the future, which
pertains to the environment, including, but not limited to ground, air, water,
or underground or aboveground tanks storing or used for Hazardous Substances.
EURODOLLAR RATE means, for any Eurodollar Rate Borrowing for any Interest
Period therefore, the rate per annum (rounded upwards, if necessary, to the
nearest 1/100 of 1%) appearing on Dow Jones Markets Page 3750 (or any successor
page) as the London interbank offered rate for deposits in Dollars at
approximately 11:00 a.m. (London time) two Business Days prior to the first day
of such Interest Period for a term comparable to such Interest Period. If for
any reason such rate is not available, the term "Eurodollar Rate" shall mean,
for any Eurodollar Rate Borrowing for any Interest Period therefore, the rate
per annum (rounded upwards, if necessary, to the nearest 1/100 of 1%) appearing
on Reuters Screen
Senior Secured Term Loan
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