US Airways 2004 Annual Report Download - page 265

Citibank, N.A.
390 Greenwich St. 1st Fl
New York, NY 10013
Attn: Walt Larsen
Fax/Telecopy No.: [phone]
Such demand(s) may be made at any time coincident with or after the time for
payment of all or part of the Guaranteed Obligation, and may be made from time
to time with respect to the same or different items of Guaranteed Obligation.
Such demand shall be deemed made, given and received in accordance with SECTION
14.2.
6. PAYMENT OF EXPENSES. In the event that Guarantor should breach or fail
to timely perform any provisions of this Guaranty, Guarantor shall, immediately
upon demand by Lender, pay Lender all costs and expenses (including court costs
and reasonable attorneys' fees) incurred by Lender in the enforcement or the
preservation of Lender's rights under this Guaranty. The covenant contained in
this SECTION 6 shall survive the payment of the Guaranteed Obligation.
7. NO DUTY TO PURSUE OTHERS. It is not necessary for Lender (and Guarantor
waives any rights which Guarantor may have to require Lender), in order to
enforce such payment by Guarantor, first to (i) institute suit or exhaust its
remedies against Borrower or others liable on the Guaranteed Obligation or any
other person, (ii) enforce Lender's rights against any security which shall ever
have been given to secure the Guaranteed Obligation, (iii) enforce Lender's
rights against any other guarantors of the Guaranteed Obligation, (iv) join
Borrower or any others liable on the Guaranteed Obligation in any action seeking
to enforce this Guaranty, (v) exhaust any remedies available to Lender against
any security which shall ever have been given to secure the Guaranteed
Obligation, or (vi) resort to any other means of obtaining payment of the
Guaranteed Obligation. Lender shall not be required to mitigate damages or take
any other action to reduce, collect or enforce the Guaranteed Obligation.
Further, Guarantor expressly waives each and every right to which it may be
entitled by virtue of the suretyship law of the state of New York.
8. WAIVER OF NOTICES, ETC. Guarantor agrees to the provisions of the
Guaranteed Notes and the Loan Agreement, and waives notice of (i) any loans or
advances made by Lender to Borrower, (ii) acceptance of this Guaranty, (iii) any
amendment, increase or extension of the Guaranteed Notes or the Loan Agreement
or of any other instrument or document pertaining to all or any part of the
Guaranteed Obligation, (iv) the execution and delivery by Borrower and Lender of
any other loan or credit agreement or of Borrower's execution and delivery of
any promissory notes or other documents in connection therewith, (v) the
occurrence of any breach by Borrower or default in connection with the
Guaranteed Obligation, the Guaranteed Notes and any instruments, agreements or
security documents with respect to this Guaranty, (vi) Lender's transfer or
disposition of the Guaranteed Obligation, or any part thereof, (vii) sale or
foreclosure (or posting or advertising for sale or foreclosure) of any
collateral for the Guaranteed Obligation, (viii) protest, proof of nonpayment or
default by Borrower, or (ix) any other action at any time taken or omitted by
Lender, and, generally, all demands and notices of every kind in connection with
this Guaranty, the Loan Agreement, and any documents or agreements evidencing,
securing or relating to any of the Guaranteed Obligation.
9. EFFECT OF BANKRUPTCY, OTHER MATTERS. In the event that, pursuant to any
insolvency, bankruptcy, reorganization, receivership or other debtor relief law,
or any judgment, order or decision thereunder, or for any other reason, (i)
Lender must rescind or restore any payment, or any part thereof, received by
Lender in satisfaction of the Guaranteed Obligation, as set forth in this
Guaranty, any prior
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