US Airways 2004 Annual Report Download - page 190

(c) any flammable substances, explosives, or any radioactive materials; (d)
asbestos in any form or electrical equipment which contains any oil or
dielectric fluid containing polychlorinated biphenyls; and (e) any other
materials whose use, handling, management, transport or disposal is regulated
because of its effect or potential effect on the environment.
INITIAL LENDER is defined in the preamble to this Agreement.
INTEREST PERIOD is determined in accordance with SECTION 3.9.
LAWS means all applicable statutes, laws, treaties, ordinances, tariff
requirements, rules, regulations, orders, permits or licenses, writs,
injunctions, decrees, judgments, opinions, guidance documents or interpretations
of any Governmental Authority.
LENDERS means, on any date of determination, the Initial Lender or subject
to the terms and conditions of this Agreement, any respective successor or
assign of the Initial Lender.
LIABILITIES has the meaning given that term in accordance with GAAP and
includes Debt.
LIEN means any lien, mortgage, security interest, pledge, assignment,
charge, title retention agreement, or encumbrance of any kind, and any other
Right of or arrangement with any creditor (other than under or relating to
subordination or other intercreditor arrangements) to have its claim satisfied
out of any property or assets, or the proceeds therefrom, prior to the general
creditors of the owner thereof.
LITIGATION means any action by or before any Governmental Authority.
LOAN DOCUMENTS means (a) this Agreement, the Senior Secured Discount
Notes, and the Collateral Documents, (b) all agreements, documents, or
instruments in favor of Administrative Agent or Lenders delivered concurrently
herewith or at any time hereafter pursuant to this Agreement or otherwise in
connection with all or any part of the Obligation, and (c) any and all future
renewals, extensions, restatements, reaffirmations, or amendments of, or
supplements to, all or any part of the foregoing.
LOAN PROCEEDS means the aggregate principal sum of all credit extended by
all Lenders on the Closing Date, which amount shall not exceed $30,790,000.
LTV RATIO means on each Anniversary Date, the ratio of (i) the Loan
Proceeds less any principal payments made on the Senior Secured Discount Notes
(including the payments of principal to be made pursuant to SECTION 3.2(b)) less
the fees payable to the Administrative Agent pursuant to SECTION 5.2 herein, to
(ii) the Appraised Value as of such Anniversary Date; provided however, that for
purposes of computing the LTV Ratio, the Appraised Value, at no time, shall be
deemed to exceed $45,000,000.
MATERIAL ADVERSE EVENT means any set of one or more circumstances or
events which, individually or collectively, results in any (a) material adverse
effect on the ability of Borrower or Guarantor, as applicable, to perform any
obligations under any Loan Document or the ability of Administrative Agent or
any Lender to enforce any such obligations or any of their respective Rights
under the Loan Documents, or (b) material and adverse effect on the business,
operations, prospects, properties, assets, or condition (financial or otherwise)
of Borrower or Guarantor, as applicable.
MATERIAL CONTRACT means a contract or agreement (including, without
limitation, a provider agreement) the default (or event of default) under,
termination of, or expiration of which, individually or in the aggregate, could
reasonably be expected to result in a Material Adverse Event.
Senior Secured Term Loan
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