US Airways 2004 Annual Report Download - page 191

MAXIMUM AMOUNT and MAXIMUM RATE respectively mean, for each Lender, the
maximum non-usurious amount and the maximum non-usurious rate of interest which,
under applicable Law, such Lender is permitted to contract for, charge, take,
reserve, or receive on the Obligation.
MORTGAGE means each of the mortgages, deeds of trust, leasehold mortgages,
leasehold deeds of trust, collateral assignments of leases, or other real estate
security documents delivered by Borrower to Administrative Agent, on behalf of
Lenders, with respect to the Mortgaged Property, all in form and substance
satisfactory to Administrative Agent.
MORTGAGED PROPERTY means that certain real property leased by Borrower,
along with certain fixtures, all as described on SCHEDULE 1A.
OBLIGATION means all present and future indebtedness, liabilities, and
obligations, and all renewals and extensions thereof, or any part thereof, now
or hereafter owing, due, or payable to Administrative Agent, any Lender, or any
Affiliate of any Lender by Borrower arising from, by virtue of, or pursuant to
any Loan Document, including, without limitation, all interest accruing thereon,
fees, costs, and expenses (including, without limitation, all reasonable
attorneys' fees and expenses incurred in the enforcement or collection thereof)
payable under the Loan Documents.
OUTSTANDING NOTE BALANCE means, as of any date of calculation, the Stated
Principal Amount less all principal payments made on the Senior Secured Discount
Notes through such date.
PARTICIPANT is defined in SECTION 13.12(d).
PERMITTED DEBT is defined in SECTION 10.1.
PERMITTED LIENS means the following types of Liens: (a) Liens (other than
Liens relating to Environmental Claims or ERISA) for Taxes not yet due and
payable; (b) statutory Liens of landlords, carriers, warehousemen, mechanics,
materialmen, and other similar Liens imposed by Law, which are incurred in the
ordinary course of business for sums not more than 30 days delinquent; (c) Liens
(other than any Lien imposed by ERISA) incurred or deposits made in the ordinary
course of business in connection with workers' compensation, unemployment
insurance, and other types of social security, statutory obligations, surety,
and appeal bonds, bids, leases, government contracts, trade contracts,
performance and return-of-money bonds, and other similar obligations (exclusive
of obligations for the payment of borrowed money); (d) easements, rights-of-way,
restrictions, and other similar charges or encumbrances not interfering in any
material respect with the ordinary conduct of the business of Borrower; (e)
Liens for purchase money obligations, provided that (i) the purchase of the
asset subject to any such Lien is permitted under SECTION 10.1(c), (ii) the Debt
secured by any such Lien is permitted under SECTION 10.1, and (iii) such Lien
encumbers only the asset so purchased; (f) Liens in respect of Debt permitted
under SECTION 10.1(c); provided that such Liens encumber only the asset which is
subject to a Capital Lease; (g) Liens in favor of Administrative Agent, on
behalf of itself and the other Lenders securing the Obligation; and, (h) Liens
existing on the Closing Date to the extent set forth on SCHEDULE 1B.
PERSON means any individual, entity, or Governmental Authority.
POTENTIAL DEFAULT means the occurrence of any event or existence of any
circumstance which, after the giving of notice or lapse of time or both, would
become a Default.
PRO FORMA means the unaudited consolidated balance sheet of the Borrower
and its Subsidiaries as of the Closing Date after giving effect to the
transactions contemplated by this Agreement.
Senior Secured Term Loan
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