US Airways 2004 Annual Report Download - page 211

(b) HAZARDOUS SUBSTANCES. Except for such conditions as are in or
will promptly be brought into compliance with Environmental Laws or
Environmental Requirements, or otherwise would not reasonably be expected
to result in a Material Adverse Event or any Environmental Claims, each of
Borrower and Guarantor (i) shall not cause any Hazardous Substance to be
generated, placed, held, managed, located or disposed of on, under, at or
transported to or from any Mortgaged Property or other Collateral in
violation of Environmental Laws or Environmental Requirements or in a
manner that could result in Environmental Claims or Environmental Damages
which could result in a Material Adverse Event; and (ii) shall not permit
any such Mortgaged Property to ever be used as a dump site or storage site
(whether permanent or temporary) for any Hazardous Substance.
9.11 NOTICE OF CLAIMS. Each of Borrower and Guarantor, as applicable,
shall provide written notice to the Administrative Agent within 48 hours when
either receives information in connection with the Mortgaged Property or other
Collateral that could result in a Material Adverse Event arising from or related
to: (i) the non-compliance with or violation of any Environmental Law or any
Environmental Requirements or any Environmental Claims; (ii) the presence or the
Release or threatened Release of any Hazardous Substance into the environment;
(iii) the existence of any Environmental Lien; (iv) any material remedial action
taken by Borrower in response to any Environmental Claim or Environmental
Damages; or (v) the listing of any of the Mortgaged Property on any
environmental listing of any Governmental Authority to the extent that Borrower
or Guarantor obtains knowledge of such listing, whether or not such listing
would reasonably be expected to result in a Material Adverse Event.
9.12 CORRECTIVE ACTION. In the event of the breach of any
representation, warranty or covenant in this Agreement regarding or relating to
environmental matters, or any Environmental Claim or Environmental Damages,
Borrower and Guarantor shall promptly provide all timely and appropriate
required regulatory notices, copying Administrative Agent and Lenders, and take
all appropriate steps to (i) remedy any non-compliance or violation of any
Environmental Law or Environmental Requirements; (ii) pay or cause to be paid
all costs and expenses incurred to ensure compliance with Environmental Law and
Environmental Requirements; (iii) investigate, remediate, cleanup and restore
any areas of the Mortgaged Property affected by a Release or threatened Release
of any Hazardous Substance in such manner as to obtain the maximum protection
for Borrower, Guarantor, the Administrative Agent, and the Lenders; and (iv)
discharge and eliminate any Environmental Lien, provided that such Environmental
Liens may be contested in the manner permitted for the contest of liens in the
Mortgage. Administrative Agent shall have the right, but not the obligation, to
advise any Governmental Agency of any environmental condition on or affecting
the Mortgaged Property or other Collateral to the extent required by
Environmental Law or Environmental Requirements, that constitutes or may
constitute a breach of Borrower's and Guarantor's obligations in this Agreement.
If neither Borrower nor Guarantor shall perform its obligations in this Section
within thirty (30) days after notice, Administrative Agent or Lender may elect,
in either of their sole discretion, and with no obligation to do so, to
undertake appropriate action. Any monies expended in such action, including the
costs of hiring consultants, investigation, removal, remediation, or
restoration, or the costs of curing any non-compliance, and reasonable
attorney's fees and disbursements, shall be reimbursed by Borrower and Guarantor
on demand, will constitute a portion of the Debt, will bear interest from the
date incurred until paid at the Default Rate, and will be secured by the
Collateral.
Borrower and Guarantor agree that Borrower and Guarantor shall be
unconditionally liable for the obligations under this SECTION 9.12 and such
liability shall not be limited to the original or amortized principal amount of
the Loan. Indemnitees may enforce the obligations under this SECTION 9.12
without first having recourse to any Collateral, any other Loan Document or any
other party liable thereunder or hereunder.
Senior Secured Term Loan
29