US Airways 2004 Annual Report Download - page 194

(ii) the engagement by such Person in any business other than the
acquisition, development, management, leasing, ownership, maintenance and
operation of the Mortgaged Property, and activities incidental thereto;
(iii) the filing, or consent to the filing, of a bankruptcy or insolvency
petition, any general assignment for the benefit of creditors or the institution
of any other insolvency proceeding, or the seeking or consenting to the
appointment of a receiver, liquidator, assignee, trustee, sequestrator,
custodian or any similar official in respect of such Person without the
affirmative vote of its Special Manager; and
(iv) any amendment or modification of any provision of its organizational
documents relating to qualification as a "SINGLE PURPOSE ENTITY".
SOLVENT means, as to a Person, that (a) the aggregate fair saleable value
of such Person's assets exceeds its liabilities (whether contingent,
subordinated, unmatured, unliquidated, or otherwise), (b) such Person does not
intend to incur and does not believe that it will incur Debt beyond its ability
to pay such Debt as it becomes due, and (c) such Person does not have
unreasonably small capital to conduct such Person's businesses as presently
conducted or contemplated.
STATED PRINCIPAL AMOUNT means, as to each Senior Secured Discount Note,
the "Stated Principal Amount at Maturity" of such Senior Secured Discount Note,
as set forth on SCHEDULE 2.2.
SUBSIDIARY of any Person means (a) any entity of which an aggregate of
more than 50% (in number of votes) of the stock, membership interests, or other
equity interests is owned of record or beneficially, directly or indirectly, by
such Person, or (b) any partnership (limited or general) of which such Person
shall at any time be the controlling general partner determined in accordance
with GAAP or own more than 50% of the issued and outstanding partnership
interests.
TAXES means, for any Person, taxes, assessments, or other governmental
charges or levies imposed upon such Person, its income, or any of its
properties, franchises, or assets.
TERMINATION DATE means the earlier of (a) December 31, 2009, and (b) the
effective date of any other termination, cancellation, redemption, or
acceleration of the Loan.
UCC means the Uniform Commercial Code as adopted in Arizona, or any
relevant jurisdiction which relates to the Liens in question.
1.2 NUMBER AND GENDER OF WORDS; OTHER REFERENCES. Unless otherwise
specified in the Loan Documents, (a) where appropriate, the singular includes
the plural and vice versa, and words of any gender include each other gender,
(b) heading and caption references may not be construed in interpreting
provisions, (c) monetary references are to currency of the United States of
America, (d) section, paragraph, annex, schedule, exhibit, and similar
references are to the particular Loan Document in which they are used, (e)
references to "telecopy," "facsimile," "fax," or similar terms are to facsimile
or telecopy transmissions, (f) references to "including" mean including without
limiting the generality of any description preceding that word, (g) the rule of
construction that references to general items that follow references to specific
items are limited to the same type or character of those specific items is not
applicable in the Loan Documents, (h) references to any Person include that
Person's heirs, personal representatives, successors, trustees, receivers, and
permitted assigns, (i) references to any Law include every amendment or
supplement to it, rule and regulation adopted under it, and successor or
replacement for it, and (j) references to any Loan Document or other document
include every renewal and extension of it, amendment and supplement to it, and
replacement or substitution for it.
Senior Secured Term Loan
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