US Airways 2008 Annual Report Download - page 287

incurred had such transfer or assignment not taken place. To the extent of any assignment pursuant to this Section 9.8(c) (other than an assignment to a
Qualified Affiliate pursuant to the preceding sentence), the assigning Lender shall be relieved of its obligations hereunder with respect to its assigned
Commitment. At the time of each assignment pursuant to this Section 9.8(c) to a Person which is not already a Lender hereunder, the respective assignee
Lender shall provide to the Borrower and the Collateral Agent the Internal Revenue Service forms (and, if applicable, a Certificate re Non-Bank Status)
required by Section 5.3(c)(i). Borrower shall provide such cooperation in connection with any such transfer or assignment as any Transaction Agent, the
assigning Lender or the assignee Lender may request, including, but not limited to, amending the insurance covering the Collateral so as to name such
assignee as an additional insured thereunder, if so requested.
(d) Register. The Borrower hereby designates the Collateral Agent to serve as the Borrower's agent, solely for purposes of this Section 9.8(d), to
maintain a register (the "Register") on which it will record the registered holder of the Notes and the registration of transfers of Notes made pursuant to and
in accordance with Section 9.8(c). The Register shall be available for inspection by the Borrower or any Lender at any reasonable time and from time to
time upon reasonable prior notice, and the Collateral Agent shall, reasonably promptly after (a) any person becomes a Lender after the date hereof and
(b) any Lender alters or modifies its name or address, notify the Borrower of and deliver to the Borrower a written update of the names and addresses of all
Lenders. Failure to make any such recordation, or any error in such recordation shall not affect the Borrower's obligations in respect of the Loan Amount
of any Lender. With respect to any Lender, the transfer of the Commitment of such Lender and the rights to the principal of, and interest on, the Loan
Amount made pursuant to such Commitment shall not be effective until such transfer is recorded on the Register maintained by the Collateral Agent with
respect to ownership of such Commitment and Loan Amount and prior to such recordation all amounts owing to the transferor with respect to such
Commitment and Loan Amount shall remain owing to the transferor. The registration of assignment or transfer of all or part of the Commitment and the
Loan Amount shall be recorded by the Collateral Agent on the Register only upon the acceptance by the Collateral Agent of a properly executed and
delivered Transfer Supplement. Coincident with the delivery of such a Transfer Supplement to the Collateral Agent for acceptance and registration of
assignment or transfer of all or part of a Loan Amount, or as soon thereafter as practicable, the assigning or transferor Lender shall surrender the Notes
evidencing such Loan Amount, and thereupon one or more new Notes in the same aggregate principal amount shall be issued by the Borrower to the
assigning or transferor Lender and/or the new Lender, as appropriate to reflect such assignment. Such new Notes shall be authenticated by the Collateral
Agent. By execution and delivery hereof, the Borrower request and directs the Collateral Agent to authenticate and deliver the Notes to be issued
hereunder and the Collateral Agent agrees to do so.
Section 9.9. Confidentiality. None of the Transaction Agents nor any Lender shall disclose any nonpublic information relating to the Borrower (provided to
it by the Borrower) or any Transaction Document or Additional Document to any other Person without the consent of
** Confidential Treatment Requested. - 36 -