US Airways 2004 Annual Report Download - page 209

(e) CONDITIONS. No conditions currently exist or are reasonably
foreseeable at the Mortgaged Property or other Collateral that would
subject the Borrower or Guarantor, or Administrative Agent or Lender to
any Environmental Claim or Environmental Damages that could result in a
Material Adverse Event. In the event of notice of such conditions,
Borrower and/or Guarantor, as applicable, shall immediately provide a copy
to the Administrative Agent.
SECTION 9 REPORTING AND OTHER AFFIRMATIVE COVENANTS.
Each of Borrower and Guarantor covenants and agrees that, until
indefeasible payment in full, in cash, of the Obligation, each of Borrower and
Guarantor shall perform and Guarantor shall cause each of its Subsidiaries to
perform, all covenants in this SECTION 9.
9.1 FINANCIAL STATEMENTS AND OTHER REPORTS. Each of Borrower and
Guarantor will deliver to Administrative Agent the Financial Statements and
other reports as required in this Agreement.
9.2 ENDORSEMENT; INSURANCE CLAIMS. Each of Borrower and Guarantor
hereby constitutes and appoints Administrative Agent and all Persons designated
by Administrative Agent for that purpose as Borrower's and Guarantor's true and
lawful attorney-in-fact, with power in the place and stead of Borrower or
Guarantor, as the case may be, and in the name of Borrower or Guarantor, as the
case may be, (a) upon the occurrence and during the continuance of a Default, to
endorse Borrower's or Guarantor's name to any of the items of payment or
proceeds described in SECTION 8.15 and all proceeds of Collateral that come into
Administrative Agent's possession or under Administrative Agent's control, and
(b) during the continuance of a Default, to obtain, adjust, and settle insurance
claims, which are required to be paid to Administrative Agent or Lenders. Each
of Borrower and Guarantor hereby ratifies and approves all acts of
Administrative Agent or Lenders made or taken in accordance with this SECTION
9.2. Both the appointment of Administrative Agent as Borrower's and Guarantor's
attorney and Administrative Agent's Rights and powers hereunder are coupled with
an interest and are irrevocable.
9.3 MAINTENANCE OF PROPERTIES. Each of Borrower and Guarantor will
maintain or cause to be maintained in good repair, working order, and condition
the Mortgaged Properties and other Collateral and will make or cause to be made
all appropriate repairs, renewals, and replacements with respect thereto.
9.4 FURTHER ASSURANCES. Each of Borrower and Guarantor, from time to
time, shall execute such financing or continuation statements, documents,
security agreements, reports, and other documents or deliver to Administrative
Agent such instruments, certificates of title, mortgages, deeds of trust, or
other documents as Administrative Agent at any time may reasonably request to
evidence, perfect or otherwise implement the security for repayment of the
Obligation provided for in the Loan Documents.
9.5 MORTGAGES; TITLE REPORTS.
(a) Title Reports. Within 60 days following the Closing
Date, Borrower shall deliver or cause to be delivered to Administrative
Agent copies of such title reports or title commitments so that
Administrative Agent can determine that the Mortgages shall create first
priority mortgage liens on the respective Mortgaged Property, free and
clear of all mortgages, deeds of trust, and other Liens arising from Debt.
(b) Mortgages. Borrower shall, within 60 days after the
Closing Date, deliver to Administrative Agent fully executed Mortgages, in
form and substance satisfactory to Administrative Agent.
Senior Secured Term Loan
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