US Airways 2006 Annual Report Download - page 244

for above) shall no longer be available to US Airways under the Amended and Restated MPA.
C. No Financing Assistance For Aircraft
Upon assumption of the US Airways MPA, as modified and amended by this Letter Agreement, Bombardier shall not be obligated to provide any
Financing Assistance of any kind, ** in connection with any CRJ Aircraft (including the Purchase Right Aircraft), whether delivered or
undelivered as of the date hereof, under the US Airways MPA or the Amended and Restated MPA.
2.0 Predelivery Payments
Within five (5) business days after entry of a final order of the Bankruptcy Court authorizing and approving the terms of this Letter Agreement, all pre-
delivery payments currently held by Bombardier, in the amount of $**, shall be returned to US Airways.
3.0 Waiver of Reclamation Demand
Bombardier hereby agrees to waive its reclamation demand made upon US Airways on September 22, 2004, and agrees to waive the payment of any
administrative expenses Bombardier may be entitled to pursuant to sections 546(c)(2) and 503(b) of the Bankruptcy Code as a result of such
reclamation demand being made in the Chapter 11 Cases of US Airways, Inc, et al (Case No. 04-13819) filed in the United States Bankruptcy Court of
the Eastern District of Virginia (the "Chapter 11 Cases").
4.0 Waiver of Cure Amounts
In addition to waiving any cure amounts that may be due and owing in connection with the assumption of the US Airways MPA, as modified and
amended by this Letter Agreement, as provided for in Section 1.0 above, Bombardier hereby further agrees to waive any cure payments that may
otherwise be due and owing in connection with any other executory contract listed on Schedule A attached hereto that US Airways may seek to assume
under section 365 of the Bankruptcy Code in the Chapter 11 Cases.
5.0 Resolution of Proofs of Claim Filed by Bombardier
Bombardier and US Airways further agree to resolve all remaining claims of Bombardier asserted against US Airways in the Chapter 11 Cases,
including, without limitation, those claims asserted pursuant to Proofs of Claim Nos. 4324, 4325, 4326, 4327, 4328, 4329, and 4330 (the "Bombardier
Claims"). Specifically, Bombardier and US Airways agree that the order of the Bankruptcy Court approving this Letter Agreement and the assumption
of the US Airways MPA, as modified and amended by this Letter Agreement, shall (i) permit Bombardier to set-off (and cancel) credit notes and
memoranda issued to US Airways by Bombardier in the total aggregate amount of US$** million against US$** million in pre-petition spare parts and
equipment receivables owed to Bombardier by US Airways, (ii) grant to Bombardier a total
**Confidential Treatment Requested. 4