US Airways 2008 Annual Report Download - page 264

(ii) Full payment has been made by the Borrower or any of its ERISA Affiliates of all minimum amounts that such entities are required to pay under the
terms of each Plan and Multiemployer Plan except where the failure to so comply, taking all instances in the aggregate, could not reasonably be expected to
have a Material Adverse Effect.
(iii) No ERISA Event has occurred or is reasonably expected to occur that, when taken together with all other ERISA Events for which liability is
reasonably expected to occur, could reasonably be expected to have a Material Adverse Effect.
(iv) Neither the Borrower nor any of its ERISA Affiliates maintains or contributes to any employee welfare benefit plan (as defined in Section 3(1) of
ERISA) that provides benefits to retired employees or other former employees (other than as required by Section 601 of ERISA) or any employee pension
benefit plan (as defined in Section 3(2) of ERISA), other than a Plan the obligations with respect to which, when taken together with the projected
contributions thereto reflected in the projections and pro forma financial information previously delivered to Lenders, could not reasonably be expected to
have a Material Adverse Effect.
(v) No Plan maintained by the Borrower or any ERISA Affiliate is underfunded (based on the present value of all accumulated benefit obligations
thereunder) except to the extent that the aggregate amount of underfunding with respect to all such plans, when taken together with the projected contributions
thereto reflected in the projections and pro forma financial information previously delivered Lenders, could not reasonably be expected to have a Material
Adverse Effect.
(vi) Neither the Borrower nor any of its ERISA Affiliates has any liability (including contingent liability) with respect to any employee benefit plan (as
defined in Section 3(3) of ERISA) that is subject to Title IV of ERISA other than the Plans and Multiemployer Plans.
Section 3.2. The Pledged Spare Parts. The Borrower represents and warrants to the Transaction Agents and each Lender, as of the date of this Agreement
and as of the Funding Date, that:
(a) Good Title. (1) The Borrower has **the Pledged Spare Parts,** and the Liens to be released by the Release and the UCC Release; and (2** (as defined
in the Mortgage), without giving effect to any waiver of any of the requirements for **in the Mortgage, in order for the Borrower to achieve compliance with
each of the**) based on the **included therein), without any need on the part of the Borrower to**.
(b) Filings. Except for (i) the filing for recordation (and recordation) with the FAA of the FAA Filed Documents with respect to the Pledged Spare Parts
located at the Designated Locations, and (ii) the filing of the Financing Statements (and continuation statements relating thereto at periodic intervals) with the
Secretary of State of the State of Delaware (UCC Division) with respect to the Collateral, no further action, including any filing or recording of any
** Confidential Treatment Requested. - 13 -