US Airways 2004 Annual Report Download - page 266

release or discharge from the terms of this Guaranty given to Guarantor by
Lender shall be without effect, and this Guaranty shall remain in full force and
effect or, (ii) Borrower shall cease to be liable to Lender for any of the
Guaranteed Obligation (other than by reason of the indefeasible payment in full
thereof by Borrower), the obligations of Guarantor under this Guaranty shall
remain in full force and effect. It is the intention of Lender and Guarantor
that Guarantor's obligations under this Guaranty shall not be discharged except
by Guarantor's performance of such obligations and then only to the extent of
such performance. Without limiting the generality of the foregoing, it is the
intention of Lender and Guarantor that the filing of any bankruptcy or similar
proceeding by or against Borrower or any other person or party obligated on any
portion of the Guaranteed Obligation shall not affect the obligations of
Guarantor under this Guaranty or the rights of Lender under this Guaranty,
including, without limitation, the right or ability of Lender to pursue or
institute suit against Guarantor for the entire Guaranteed Obligation.
10. FINANCIAL INFORMATION. Guarantor agrees to deliver to Lender current
balance sheets and other financial information of Guarantor as shall be required
by Lender, not later than forty-five (45) days after the end of each calendar
quarter.
11. ADDITIONAL TERMS. Guarantor consents and agrees to each of the
following, and agrees that Guarantor's obligations under this Guaranty shall not
be released, diminished, impaired, reduced or adversely affected by any of the
following, and waives any common law, equitable, statutory or other rights
(including without limitation rights to notice) which Guarantor might otherwise
have as a result of or in connection with any of the following:
11.1 MODIFICATIONS, ETC. Any renewal, extension, increase,
modification, alteration or rearrangement of all or any part of the Guaranteed
Obligation, or of the Guaranteed Notes, or any Loan Agreement, security
agreement, collateral document or other document, instrument, contract or
understanding between Borrower and Lender, or any other parties, pertaining to
the Guaranteed Obligation;
11.2 ADJUSTMENT, ETC. Any adjustment, indulgence, forbearance or
compromise that might be granted or given by Lender to Borrower or Guarantor;
11.3 CONDITION, COMPOSITION OR STRUCTURE OF BORROWER OR GUARANTOR.
The insolvency, bankruptcy, arrangement, adjustment, composition, structure,
liquidation, disability, dissolution or lack of power of Borrower or any other
party at any time liable for the payment of all or part of the Guaranteed
Obligation; or any dissolution of Borrower or Guarantor, or any sale, lease or
transfer of any or all of the assets of Borrower or Guarantor, or any changes in
name, business, location, composition, structure or changes in the shareholders,
partners or members (whether by accession, secession, cessation, death,
dissolution, transfer of assets or other matter) of Borrower; or any
reorganization of Borrower;
11.4 INVALIDITY OF GUARANTEED OBLIGATION. The invalidity, illegality
or unenforceability of all or any part of the Guaranteed Obligation, or any
document or agreement executed in connection with the Guaranteed Obligation, for
any reason whatsoever, including without limitation the fact that (i) the
Guaranteed Obligation, or any part thereof, exceeds the amount permitted by law,
(ii) the act of creating the Guaranteed Obligation or any part thereof is ultra
vires, (iii) the officers or representatives executing the Guaranteed Notes or
other documents or otherwise creating the Guaranteed Obligation acted in excess
of their authority, (iv) the Guaranteed Obligation violates applicable usury
laws, (v) the Borrower has valid defenses, claims or offsets (whether at law, in
equity or by agreement) which render the Guaranteed Obligation wholly or
partially uncollectible from Borrower, (vi) the creation, performance or
repayment of the Guaranteed Obligation (or the execution, delivery and
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