US Airways 2004 Annual Report Download - page 213

Borrower shall provide Administrative Agent, within thirty (30) days after
demand by Administrative Agent, with a bond, letter of credit or similar
financial assurance evidencing to Administrative Agent's reasonable satisfaction
that necessary funds are available to pay the any costs pursuant to this SECTION
9.13 and of discharging any Environmental Lien which may be established on the
Mortgaged Property as a result thereof.
9.14 PERIODIC SITE ASSESSMENTS.
(a) Administrative Agent at any time and from time to time
that Administrative Agent has any reason to believe that any condition or
occurrence in violation of Environmental Law or Environmental
Requirements, any Release or threatened Release or the basis for any
Environmental Claim may exist with respect to the Mortgaged Property or
other Collateral may require Borrower by written notice to contract for
the services of environmental consultants reasonably acceptable to
Administrative Agent (the "Site Reviewers") to perform environmental site
assessments on the Mortgaged Property or to provide environmental
consulting services (collectively, "Site Assessments") for the purpose of
determining whether there exists on or at the Mortgaged Property any basis
for any Environmental Claim or Environmental Damages.
(b) Administrative Agent may, but shall not be required
to, contract directly with Site Reviewers to perform a Site Assessment (i)
at any time after the occurrence and during the continuance of an Event of
Default, without prior notice to Borrower or Guarantor, or (ii) if for any
reason Borrower or Guarantor fails to contract with Site Reviewers or any
such Site Reviewers fail to commence work within thirty (30) days of
Administrative Agent's written notice to Borrower or Guarantor. The Site
Assessments may be performed at any time or times during normal business
hours, upon reasonable notice. Borrower hereby authorizes and grants to
the Site Reviewers a license to enter upon the Mortgaged Property for such
purposes, provided that such entry shall be performed in material
accordance with all applicable requirements of Governmental Authorities.
The Site Reviewers are further authorized and granted a license to perform
both above and below the ground testing for the presence of Hazardous
Substances on the Mortgaged Property and to perform such other invasive
tests as may be appropriate to conduct the Site Assessments in the
reasonable opinion of the Site Reviewers, provided such is conducted in
accordance with the requirement of Governmental Authorities. Borrower or
Guarantor agree to supply to the Site Reviewers such historical and
operational information regarding the Mortgaged Property and other
Collateral as may be reasonably requested by the Site Reviewers and will
make available for meetings with the Site Reviewers appropriate personnel
having knowledge of such matters.
(c) Borrower or Guarantor shall pay the cost of performing
any Site Assessment and, if such costs are incurred by Administrative
Agent or Lender, shall be payable by Borrower or Guarantor upon demand of
Administrative Agent or Lender and shall bear interest from the date
demanded until paid at the Default Rate. Any unpaid obligations shall be
added to and become a part of the Loan.
9.15 DEPOSIT AND CASH COLLATERAL ACCOUNTS. Until the Obligations are
paid and performed in full, Borrower covenants and agrees that Borrower will:
(a) execute all documents and take any action required by
Administrative Agent in order for Administrative Agent to obtain "control"
(as defined in the UCC) with respect to Collateral consisting of Deposit
Accounts, and
Senior Secured Term Loan
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