US Airways 2008 Annual Report Download - page 256

Section 1.7. Special Provisions Governing the Loan. Notwithstanding any other provision of this Agreement to the contrary, the following provisions shall
govern with respect to the Loans as to the matters covered:
(a) As soon as practicable after 11:00 a.m. (London time) on each Interest Rate Determination Date, the Administrative Agent shall determine the Interest
Rate that shall apply to the Notes for the applicable Interest Period in accordance with Section 2.2 (which determination shall, absent manifest error, be
conclusive and binding) and shall promptly give notice thereof (in writing or by telephone confirmed in writing) to the Borrower, the Collateral Agent and
each Lender; provided that the Administrative Agent's failure to so give notice shall not relieve the Borrower of its obligation to pay interest on the Notes
hereunder.
(b) [Intentionally Omitted.]
(c) In the event that on any date the making by any Lender of its Percentage Share of the Loan (if not yet funded) or the maintaining or continuation by any
Lender of its outstanding Loan Amount has become unlawful as a result of compliance by such Lender in good faith with any change that becomes effective
after the date hereof in any law, treaty, governmental rule, regulation, guideline or order (whether or not having the force of law), then, and in any such event,
such Lender shall be an "Affected Lender" and it shall promptly so notify (by facsimile or by telephone confirmed in writing) the Borrower and the
Administrative Agent (which notice the Administrative Agent shall promptly transmit to each other Lender). Thereafter (i) the obligation of the Affected
Lender to make its Percentage Share of the Loan in accordance with its Commitment (if not yet funded) shall be suspended until such notice shall be
withdrawn by the Affected Lender, (ii) the Affected Lender's obligation to maintain its outstanding Loan Amount as evidenced by its Notes (the "Affected
Loan Amount") shall be suspended with respect to the Affected Loan Amount until such notice shall be withdrawn by the Affected Lender, and (iii) the parties
shall follow the procedures set forth in Section 1.7(f) with respect to the Affected Loan Amount so long as, if following such procedures, the maintaining or
continuation of such Affected Loan Amount or the balance of the Loan is not unlawful. Except as provided in the immediately preceding sentence, nothing in
this Section 1.7(c) shall affect the obligation of any Lender other than an Affected Lender to make its Percentage Share of the Loan or maintain its Loan
Amount as evidenced by its Notes in accordance with the terms of this Agreement.
(d) The Borrower shall**, within ten (10) Business Days after written request by that Lender (which request shall set forth in reasonable detail the basis for
requesting such amounts), **(collectively,**) which that Lender may sustain: (i) except as provided in Section 1.2(b), if for any reason (other than a default
by that Lender) a borrowing of the Loan does not occur on a date specified therefor in a Notice of Borrowing, (ii) as a consequence of any prepayment or
other principal payment of the Loan or any portion thereof that occurs on a date other than the last day of an Interest Period, (iii) to the extent that any
prepayment of the Loan or any portion thereof is not made on any date specified in a notice of prepayment given by the Borrower (including, without
limitation, any notice of prepayment revoked by the Borrower), or (iv) as a consequence of any default by the Borrower in the repayment of the Loan when
required by the terms of this Agreement.
** Confidential Treatment Requested. - 5 -