US Airways 2008 Annual Report Download - page 300

business unrelated to making a Loan under this Agreement, (B) any Tax imposed on a transferee (including a Participant) of a Lender or on payments to a
transferee to the extent that, under applicable law in effect on the date of the transfer to such transferee, the amount of such Taxes exceeds the amount of
such Taxes that would have been imposed on the transferor to such transferee or on payments to such transferor and indemnified against hereunder (with
appropriate adjustment to reflect the amount of the Loan acquired by such transferee) or (C) any Tax to the extent that liability for such Tax is caused by,
and would not have been incurred but for, (i) the gross negligence or willful misconduct of such Person or a "related" Indemnitee (as defined in
Section 5.5(a)) or (ii) the inaccuracy of any representation of such Person in any Transaction Document or (iii) the breach by such Person of any of its
obligations under Section 5.3(c)(i).
"Expendables" has the meaning set forth in the Mortgage.
"FAA" means the Federal Aviation Administration of the United States Department of Transportation, or any agency which may succeed to the rights,
duties and obligations thereof under applicable law.
"FAA Counsel" means **
"FAA Filed Documents" means the Release, the Mortgage, and any Supplemental Mortgage.
"Federal Aviation Act" means Title 49 of the United States Code which, among other things, recodified and replaced the U.S. Federal Aviation Act of
1958 and the regulations promulgated thereunder, or any subsequent legislation that amends, supplements or supersedes such provisions.
"Fee Letter" means the Fee Letter dated on or about the date hereof between the Administrative Agent and the Borrower.
"Financing Statements" means Uniform Commercial Code financing statements covering all the security interests in the Collateral created by or
pursuant to the Mortgage and Subordinated Parts Mortgage necessary or desirable to perfect said security interests.
"Funding Date" means October 20, 2008 (or such later date on or prior to the Commitment Termination Date on which the Borrower requests the
Lenders to fund the Loan in accordance with Section 1.2).
"GAAP" means generally accepted accounting principles as set forth in the statements of financial accounting standards issued by the Financial
Accounting Standards Board of the American Institute of Certified Public Accountants, as such principles may at any time or from time to time be varied
by any applicable financial accounting rules or regulations issued by the SEC and, with respect to any Person, means such principles applied on a basis
consistent with prior periods except as may be disclosed in such Person's financial statements. For purposes of determining the Borrower's Unrestricted
Cash (including the application of any defined terms in this Agreement that reference GAAP) at any time that the Term Loan Agreement remains in
** Confidential Treatment Requested. 7