US Airways 2008 Annual Report Download - page 242

CONFIDENTIAL EXECUTION COPY
l. Section 17 of the Agreement is deleted in its entirety and replaced with the following:
"17. REPORTING
US Airways Group shall make available to Juniper Bank the following reports: (i) annual audited financials statements within 105 days after the end
of each fiscal year and unaudited quarterly financial statements within 60 days after the end of each fiscal quarter; provided that the filing of such
reports on EDGAR shall satisfy the delivery obligations hereunder; (ii) annual financial plans and monthly projections for the following year as soon
as practicable after preparation thereof in the ordinary course of business but in no event later than February 28 of each year; (iii) monthly income
statements and balance sheet results in a format consistent with Securities Exchange Commission standards within 45 days following the close of
each month; (iv) within 25 days after the end of each month, a monthly attestation from US Airways Group that the Conditions Precedent were met
as of the end of the then ended month**; and (v) quarterly certificate of compliance with Section 4.6 including reporting of Active Frequent Flyers
and Passenger Enplanements as well as the baseline Active Frequent Flyers and baseline Passenger Enplanements within thirty (30) days following
the end of each quarter. In addition, US Airways Group agrees to participate in quarterly calls with Juniper Bank's Chief Financial Officer and/or
Chief Risk Officer; provided that each quarter Juniper Bank desires to have such a call, it will provide US Airways Group with prior notice."
m. Section 28 of the Agreement is amended by replacing the number "**" with "**"wherever it occurs.
n. The Agreement is amended by adding the following new Section 31 at the end of the Agreement:
"31. **
The parties agree that in the event that US Airways Group **during the Term of this Agreement, Juniper Bank shall be**."
o. Exhibit A of the Agreement is amended by deleting Section 2(e).
p. The Agreement is amended by adding new Exhibits E and F to the Agreement attached to this Amendment No. 6.
3. Effectiveness. This Amendment No. 6 shall become effective at the Effective Time, it being understood that if the Effective Time does not occur before
October 31, 2008, this Amendment No. 6 shall have no force and effect and shall be null and void for all purposes with the Agreement reverting back to the
previous status quo without any further action by either party. For purposes of this Amendment No. 6, the "Effective Time" means the date and time that all
of the Closing Conditions are satisfied.
4. Effect. Except as set forth in this Amendment No. 6, the Agreement shall remain in full force and effect and each of US Airways Group and Juniper Bank
hereby restates and affirms all
** Confidential Treatment Requested. 10