US Airways 2008 Annual Report Download - page 263

(h) Investment Company Status. The Borrower is not an "investment company" as defined in, or subject to regulation under, the Investment Company Act
of 1940.
(i) Use of Proceeds. No part of the proceeds of the Loan will be used by Borrower, whether directly or indirectly, for any purpose that entails a violation of
Regulations U or X of the Board of Governors of the Federal Reserve System.
(j) Licenses, Permits, etc. The Borrower is a Certificated Air Carrier and holds all licenses, permits and franchises from the appropriate Governmental
Authorities necessary to authorize the Borrower to lawfully engage in air transportation and to carry on scheduled commercial passenger service as currently
conducted, except where the failure to so hold any such license, permit or franchise would not have a Material Adverse Effect.
(k) Compliance with Laws. Each of the Borrower and its Subsidiaries is in compliance with all laws, regulations and orders of any governmental or
regulatory authority or agency applicable to it or its property, except where the failure to do so, individually or in the aggregate, could not reasonably be
expected to have a Material Adverse Effect.
(l) Tax Returns. The Borrower and its Subsidiaries have timely filed all Federal income tax returns and all other material tax returns that are required to be
filed by them and have paid all Taxes that are material in amount shown to be due pursuant to such returns or pursuant to any assessment received by the
Borrower or any of its Subsidiaries, other than any such assessment that is being contested in good faith through appropriate proceedings and against which
adequate reserves are being maintained and the nonpayment of which (individually or in the aggregate) could not reasonably be expected to cause a material
impairment of the ability of the Borrower to perform, or the Transaction Agents or the Lenders to enforce, the obligations of the Borrower under the
Transaction Documents. The charges, accruals and reserves on the books of the Borrower and its Subsidiaries in respect of taxes and other governmental
charges are, in the opinion of the Borrower, adequate.
(m) Information. Each of the Borrower's Annual Report on Form 10-K for 2007 filed with the SEC, the Borrower's Quarterly Reports on Form 10-Q and
Current Reports on Form 8-K subsequently filed by the Borrower with the SEC, as of the date it was filed with the SEC (or, if such report has been amended,
in each case as amended through the Funding Date) did not contain any untrue statement of material fact or omit to state any material fact necessary to make
the statements therein, in light of the circumstances under which they were made, not materially misleading.
(n) ERISA.
(i) Schedule 4 lists each Plan and each Multiemployer Plan maintained or contributed to, or required to be contributed to, by the Borrower or any of its
ERISA Affiliates. Each Plan has been operated and administered in compliance with all applicable requirements of ERISA, and, if intended to qualify under
Section 401(a) or 403(a) of the Internal Revenue Code, in compliance with all applicable requirements of such provisions except where the failure to do so
could not reasonably be expected to have, taking all instances in the aggregate, a Material Adverse Effect.
** Confidential Treatment Requested. - 12 -