US Airways 2007 Annual Report Download - page 308

Form 10-K filed by the Buyer with the SEC for such fiscal year, or, if no such Form 10-K was filed by the Buyer for such fiscal year, **
following the close of such fiscal year of the Buyer, the consolidated balance sheet of the Buyer and its Subsidiaries, as at the end of such fiscal
year and the related consolidated statements of operations, of common stockholders' equity (deficit) (in the case of the Buyer and its Subsidiaries)
and of cash flows for such fiscal year, setting forth comparative consolidated figures as of the end of and for the preceding fiscal year, and
examined by any firm of independent public accountants of recognized standing selected by the Buyer and reasonably acceptable to the Seller,
whose opinion will not be qualified as to the scope of audit or as to the status of the Buyer as a going concern, and (ii) a certificate of such
accounting firm stating that its audit of the business of the Buyer was conducted in accordance with generally accepted auditing standards.
(b) Quarterly Financial Statements. As soon as available and in any event no later than the date that the Buyer furnish such quarterly statements to
the SEC, a copy of the SEC Form 10-Q filed by the Buyer, as a group, with the SEC for such quarterly period, or, if no such Form 10-Q was filed
by the Buyer with respect to any such quarterly period, no later than the ** following the close of such quarterly period, the consolidated balance
sheet of the Buyer and its Subsidiaries, as at the end of such quarterly period and the related consolidated statements of operations for such
quarterly period and for the elapsed portion of the fiscal year ended with the last day of such quarterly period and in each case setting forth
comparative consolidated figures as of the end of and for the related periods in the prior fiscal year, all of which will be certified by an
Authorized Officer of the Buyer, subject to changes resulting from audit and normal year-end audit adjustments.
(c) Other Information. Promptly upon transmission thereof, copies of any filings and registrations with, and reports to, the SEC by the Buyer or any
of its Affiliates, and, with reasonable promptness, such other information or documents (financial or otherwise) as the Seller may reasonably
request from time to time.
For the purposes of this Clause 21.6, (x) an "Authorized Officer" of the Buyer will mean the Chief Executive Officer, the Chief Financial Officer or any
Vice President and above thereof who reports directly or indirectly to the Chief Financial Officer and (y) "Subsidiaries" will mean, as of any date of
determination, those companies owned by the Buyer whose financial results the Buyer is required to include in its statements of consolidated operations
and consolidated balance sheets.
21.7 Information Undertakings
** Confidential Treatment Requested.
USA – Amended and Restated Airbus A320 Family Purchase Agreement PA – 113 of 123
EXECUTION PRIVILEGED AND CONFIDENTIAL