US Airways 2008 Annual Report Download - page 298

Section 302 of ERISA); (c) the filing pursuant to Section 412(d) of the Code or Section 303(d) of ERISA of an application for a waiver of the minimum
funding standard with respect to any Plan; (d) the incurrence by the Borrower or any of its ERISA Affiliates of any liability under Title IV of ERISA with
respect to the termination of any Plan; (e) (i) the receipt by the Borrower or any ERISA Affiliate from the PBGC of a notice of determination that the
PBGC intends to seek termination of any Plan or to have a trustee appointed for any Plan, or (ii) the filing by the Borrower or any ERISA Affiliate of a
notice of intent to terminate any Plan; (f) the incurrence by the Borrower or any ERISA Affiliate of any liability (i) with respect to the withdrawal from a
Multiemployer Plan pursuant to Sections 4063 and 4064 of ERISA, (ii) with respect to a facility closing pursuant to Section 4062(e) of ERISA, or (iii) with
respect to the withdrawal or partial withdrawal from any Multiemployer Plan; (g) the receipt by the Borrower or any ERISA Affiliate of any notice
concerning the imposition of Withdrawal Liability or a determination that a Multiemployer Plan is, or is expected to be, in endangered status or critical
status, within the meaning of Section 432 of the Code or Section 305 of ERISA; or (h) the failure of the Borrower or any ERISA Affiliate to make any
required contribution to a Multiemployer Plan that could reasonably be expected to result in a Material Adverse Effect.
"Event of Default" is defined in Section 7.1.
"Excluded Cash" means **maintained in accounts that are segregated from all Unrestricted Cash to the extent that such accounts are any of the
following:
(i) subject to Liens arising or granted in the ordinary course of business in favor of Persons performing**, so long as such Liens are on cash and
Cash Equivalents that are subject to holdbacks by, or are pledged to, such Persons to secure amounts that may be owed to such Persons under the
Borrower's agreements with them in connection with their provision of **services to the Borrower;
(ii) subject to Liens in favor of customs and revenue authorities arising as a matter of law to secure payment of customs duties in connection with the
importation of goods in the ordinary course of business;
(iii) subject to Liens incurred or deposits made in each case required under or in connection with the Trust Agreements (not including the Borrower's
residuary interest in, claims to or refunds of any such trust funds);
(iv) subject to Liens securing reimbursement obligations in respect of letters of credit issued for the account of the Borrower in the ordinary course
of business and consistent with past practice, so long as the aggregate amount of such cash and Cash Equivalents does not exceed ** of the maximum
available amount under the secured letters of credit;
(v) subject to Liens securing reimbursement or other margin requirements in connection with, in the case of Liens contemplated in this clause (v),
(x) transactions designed to hedge against fluctuations in fuel costs, entered into in the ordinary course of
** Confidential Treatment Requested. 5