US Airways 2007 Annual Report Download - page 679

23 CERTAIN REPRESENTATIONS OF THE PARTIES
23.1. Buyer's Representations
The Buyer represents and warrants to the Seller:
(i) it is a corporation organized and existing in good standing under the laws of the State of Delaware and has the corporate power and authority to
enter into and perform its obligations under this Agreement;
(ii) neither the execution and delivery by it of this Agreement, nor the consummation of any of the transactions by it contemplated hereby, nor the
performance by it of the obligations hereunder, constitutes a breach of any agreement to which it is a party or by which its assets are bound; and
(iii) this Agreement has been duly authorized, executed and delivered by it and constitutes its legal, valid and binding obligation, enforceable against
it in accordance with its terms.
23.2 Seller's Representations
The Seller represents and warrants to the Buyer:
(i) the Seller is a société à responsabilité limitée organized and existing in good standing under the laws of the Republic of France and has the
corporate power and authority to enter into and perform its obligations under this Agreement;
(ii) neither the execution and delivery by the Seller of this Agreement, nor the consummation of any of the transactions by the Seller contemplated
hereby, nor the performance by the Seller of the obligations hereunder, constitutes a breach of any agreement to which the Seller is a party or by
which its assets are bound;
(iii) this Agreement has been duly authorized, executed and delivered by the Seller and constitutes the legal, valid and binding obligation of the
Seller enforceable against the Seller in accordance with its terms.
USA Airbus A330 Purchase Agreement
PA — 89 of 95
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