US Airways 2008 Annual Report Download - page 266

Section 3.3 Representations and Warranties of the Lenders. Each Lender represents and warrants that:
(a) Accredited Investor. It is an accredited investor (as such term is defined in Rule 501 under the Securities Act of 1933, as amended);
(b) Investment Intent. It is acquiring its interest in a Note, and any interest in and to the Collateral, for its own account for investment and not with a view
to resale or distribution (subject, however, to the disposition of its property being at all times within its control);
(c) ERISA. Either (i) no part of the funds used by it to acquire its Notes constitute the assets of (x) any employee benefit plan (as defined in section 3(3) of
ERISA) that is subject to part 4 of Title I of ERISA or Section 4975 of the Code and with respect to which the Borrower or any of its ERISA Affiliates is the
plan sponsor or is obligated to make contributions or (y) any entity, the assets of which would be treated as assets of any such plan pursuant to Department of
Labor Regulation 29 C.F.R. §2510.3-101, as modified by Section 3(42) of ERISA; or (ii) the use of such assets would not cause or give rise to a non-exempt
prohibited transaction under part 4 of Title I of ERISA or Section 4975 of the Code; and
(d) No Offering. Neither it nor anyone acting on its behalf has directly or indirectly offered its Notes or any interest therein or any interest in and to the
Collateral, for sale to, or solicited any offer to acquire any of the same from, the public or in any manner that would violate, or require the registration of the
issuance and sale of, such Notes or any interest therein, or any transaction contemplated hereby, under the Securities Act of 1933, as amended, the Trust
Indenture Act of 1939, as amended, or applicable state securities laws, or that might subject the Borrower to regulation under, require Borrower to give notice
to, or register with or take any other action in respect of, any foreign governmental authority or agency.
ARTICLE IV
COVENANTS
Section 4.1. Covenants of the Borrower. The Borrower shall comply with the following covenants and agreements, unless the Required Lenders shall
otherwise consent:
(a) Financial Statements and Other Information. The Borrower will furnish to the Transaction Agents and each Lender:
(i) within one hundred twenty (120) days after the end of each fiscal year of the Borrower, a copy of the Form 10-K (excluding exhibits) filed by the
Borrower with the SEC for such fiscal year (or in lieu of such copy an e-mail notice that such report has been filed with the SEC and providing a web
site address at which such report may be accessed, provided that such e-mail notice will satisfy this requirement only if such report is in fact accessible
at such web site address), or, if no such Form 10-K was so filed, its audited consolidated balance sheet and related statements of operations,
stockholders' equity and cash flows as of the end of and for such year, setting forth in each case in comparative
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