US Airways 2007 Annual Report Download - page 979

The Buyer hereby covenants and agrees that, from the date of this Agreement until no further Aircraft are to be delivered hereunder, the Buyer will furnish
or cause to be furnished to the Seller the following, it being understood that this covenant with respect to Clauses 21.6 (a), (b) and (c) will be deemed
satisfied if the information requested in those clauses is filed, un-redacted, with the U.S. Securities and Exchange Commission and is publicly available on
EDGAR (or any successor online resource):
(a) Annual Financial Statements. As soon as available and in any event no later than the date that the Buyer furnish such annual statements to the
Securities and Exchange Commission or successor thereto (the "SEC") (i) a copy of the SEC 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.
** Confidential Treatment Requested.
USA — Amended and Restated Airbus A350 XWB Purchase Agreement PA — 101 of 109
EXECUTION PRIVILEGED AND CONFIDENTIAL