Common use of Company Reports; Financial Statements Clause in Contracts

Company Reports; Financial Statements. (a) From and after the date hereof, the Company shall file, in a timely manner, each Annual Report on Form 10-K, Quarterly Report on Form 10-Q and each registration statement, report on Form 8-K, proxy statement, information statement or other report or statement with the SEC, as required by the Exchange Act (the “Subsequent Reports”). Each Subsequent Report shall, as of the filing date, (i) comply in all material respects with the applicable requirements of the Exchange Act and Securities Act, (ii) not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they are made, not misleading and (iii) present fairly, in each case in accordance with GAAP applied on a consistent basis throughout the periods covered (except as stated therein or in the notes thereto), the financial position and results of operation of the entity to which it applies as of the date and for the period set forth therein. (b) Each of the consolidated balance sheets (including the related notes and schedules) included in or incorporated by reference into the Subsequent Reports shall fairly present, in all material respects, the consolidated financial position of the entities to which it applies as of the date thereof, and each of the consolidated statements of income (or statements of results of operations), stockholders’ equity and cash flows (including the related notes and schedules) included in or incorporated by reference into the Subsequent Reports shall fairly present, in all material respects, the results of operations, retained earnings and cash flows, as the case may be, of the entities to which it applies (on a consolidated basis) for the periods or as of the dates, as the case may be, set forth therein, in each case in accordance with GAAP applied on a consistent basis throughout the periods covered (except as stated therein or in the notes thereto) and in compliance with the rules and regulations of the SEC.

Company Reports; Financial Statements. (a) From and after the date hereofEach registration statement, the Company shall file, in a timely manner, each Annual Report on Form 10-K, Quarterly Report on Form 10-Q and each registration statement, report on Form 8-K, proxy statement, information statement or other report or statement filed by the Company with the SECCommission since December 31, as required by 1996 (collectively, the Exchange Act (the “Subsequent "Reports”"). Each Subsequent Report shall, as of the filing its respective date, (i) comply complied, in all material respects respects, with the applicable requirements of the Exchange Act and the Securities Act, and (ii) did not contain an any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they are were made, not misleading and (iii) present fairly, in each case in accordance with GAAP applied on a consistent basis throughout misleading. Other than the periods covered (except as stated therein or in the notes thereto)Reports, the financial position and results of operation of Company has not filed or been required to file any other reports or statements with the entity to which it applies as of the date and for the period set forth thereinCommission since December 31, 1996. (b) Each of the consolidated balance sheets (including the related notes and schedules) included in or incorporated by reference into the Subsequent Reports shall fairly presentpresents, in all material respects, the consolidated financial position of the entities to which it applies as of the date thereof, and each of the consolidated statements of income (or statements of results of operations), stockholders’ ' equity and cash flows (including the related notes and schedules) included in or incorporated by reference into the Subsequent Reports shall Reports, fairly present, presents in all material respects, the results of operations, retained earnings and cash flows, as the case may be, of the entities to which it applies (on a consolidated basis) for the periods or as of the dates, as the case may be, set forth therein, in each case in accordance with GAAP applied on a consistent basis throughout the periods covered (except as stated therein or in the notes thereto) and in compliance with the rules and regulations of the SECCommission.

Company Reports; Financial Statements. (a) From and after the date hereofJuly 18, 2008, the Company shall file, in a timely manner, each Annual Report on Form 10-K, Quarterly Report on Form 10-Q and each registration statement, report on Form 8-K, proxy statement, information statement or other report or statement with the SEC, as required by the Exchange Act (the “Subsequent Reports”Reports ). Each Subsequent Report shall, as of the filing date, (i) comply in all material respects with the applicable requirements of the Exchange Act and Securities Act, (ii) not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they are made, not misleading and (iii) present fairly, in each case in accordance with GAAP applied on a consistent basis throughout the periods covered (except as stated therein or in the notes thereto), the financial position and results of operation of the entity to which it applies as of the date and for the period set forth therein. (b) Each of the consolidated balance sheets (including the related notes and schedules) included in or incorporated by reference into the Subsequent Reports shall fairly present, in all material respects, the consolidated financial position of the entities to which it applies as of the date thereof, and each of the consolidated statements of income (or statements of results of operations), stockholders’ stockholders equity and cash flows (including the related notes and schedules) included in or incorporated by reference into the Subsequent Reports shall fairly present, in all material respects, the results of operations, retained earnings and cash flows, as the case may be, of the entities to which it applies (on a consolidated basis) for the periods or as of the dates, as the case may be, set forth therein, in each case in accordance with GAAP applied on a consistent basis throughout the periods covered (except as stated therein or in the notes thereto) and in compliance with the rules and regulations of the SEC.

Company Reports; Financial Statements. (a) From and after the date hereof, the Company and US Airways shall file, in a timely manner, each Annual Report on Form 10-K, Quarterly Report on Form 10-Q and each registration statement, report on Form 8-K, proxy statement, information statement or other report or statement with the SEC, as required by the Exchange Act (the “"Subsequent Reports”"). Each Subsequent Report shall, as of the filing date, shall (i) comply in all material respects with the applicable requirements of the Exchange Act and Securities Act, (ii) not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they are made, not misleading and (iii) present fairly, in each case in accordance with GAAP applied on a consistent basis throughout the periods covered (except as stated therein or in the notes thereto), the financial position and results of operation of the entity to which it applies as of the date and for the period set forth therein. (b) Each of the consolidated balance sheets (including the related notes and schedules) included in or incorporated by reference into the Subsequent Reports shall fairly present, in all material respects, the consolidated financial position of the entities to which it applies as of the date thereof, and each of the consolidated statements of income (or statements of results of operations), stockholders’ ' equity and cash flows (including the related notes and schedules) included in or incorporated by reference into the Subsequent Reports shall fairly present, in all material respects, the results of operations, retained earnings and cash flows, as the case may be, of the entities to which it applies (on a consolidated basis) for the periods or as of the dates, as the case may be, set forth therein, in each case in accordance with GAAP applied on a consistent basis throughout the periods covered (except as stated therein or in the notes thereto) and in compliance with the rules and regulations of the SEC.

Company Reports; Financial Statements. (a) From and after the date hereof, the The Company shall file, in a timely manner, each Annual Report on Form 10-K, Quarterly Report on Form 10-Q and has delivered to Parent each registration statement, report on Form 8-Kreport, proxy statement, statement or information statement or other report or statement prepared by it since December 31, 1999 (the "AUDIT DATE"), each in the form (including exhibits, annexes and any amendments thereto) filed with the SEC, as required by the Securities and Exchange Act Commission (the “Subsequent Reports”"SEC") (collectively, including any such reports filed subsequent to the date hereof and as amended, the "COMPANY REPORTS"). Each Subsequent Report shallAs of their respective dates (or, if amended, as of the filing datedate of such amendment), (i) comply in all material respects the Company Reports did not, and any Company Reports filed with the applicable requirements of SEC subsequent to the Exchange Act and Securities Actdate hereof will not, (ii) not contain an any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements made therein, in light of the circumstances under in which they are were made, not misleading and (iii) present fairly, in each case in accordance with GAAP applied on a consistent basis throughout the periods covered (except as stated therein or in the notes thereto), the financial position and results of operation of the entity to which it applies as of the date and for the period set forth therein. (b) misleading. Each of the consolidated balance sheets included in or incorporated by reference into the Company Reports (including the related notes and schedules) fairly presents, or will fairly present, the consolidated financial position of the Company and its Subsidiaries as of its date and each of the consolidated statements of shareholders' equity, of operations and of cash flows included in or incorporated by reference into the Subsequent Company Reports shall fairly present, in all material respects, the consolidated financial position of the entities to which it applies as of the date thereof, and each of the consolidated statements of income (or statements of results of operations), stockholders’ equity and cash flows (including the any related notes and schedules) included in fairly presents, or incorporated by reference into the Subsequent Reports shall will fairly present, in all material respects, the results of operations, retained earnings cash flows and cash flowsshareholders' equity, as the case may be, of the entities to which it applies (on a consolidated basis) Company and its Subsidiaries for the periods or as of the datesset forth therein (subject, as in the case may beof unaudited statements, set forth thereinto notes and normal year-end audit adjustments that will not be material in amount or effect), in each case in accordance with GAAP generally accepted accounting principles ("GAAP") consistently applied on a consistent basis throughout during the periods covered (involved, except as stated therein or in the notes thereto) and in compliance with the rules and regulations of the SECmay be noted therein.

Company Reports; Financial Statements. (a) From and after the date hereofAs of their respective dates, the Company shall file, in a timely manner, each Annual Report on Form 10-K, Quarterly Report on Form 10-Q and each registration statement, report on Form 8-K, proxy statement, information statement or other report or statement with the SEC, as required by the Exchange Act (the “Subsequent Reports”). Each Subsequent Report shall, as of the filing date, SEC Reports (i) comply were timely filed with the Commission; (ii) complied in all material respects respects, with the applicable requirements of the Exchange Act and the Securities Act, and (iiiii) did not contain an any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they are were made, not misleading and (iii) present fairlymisleading. Other than the SEC Reports, in each case in accordance with GAAP applied on a consistent basis throughout the periods covered (except as stated therein or in the notes thereto), the financial position and results of operation of the entity to which it applies as of the date and for of this Agreement the period set forth thereinCompany has not filed or been required to file any other reports or statements with the Commission on or since January 1, 2000. (b) Each of the consolidated balance sheets (including the related notes and schedules) included in or incorporated by reference into the Subsequent SEC Reports shall fairly present, presents in all material respects, the consolidated financial position of the entities to which it applies as of the date thereof, and each of the consolidated statements of income (or statements of results of operations), stockholders’ ' equity and cash flows (including the related notes and schedules) included in or incorporated by reference into the Subsequent Reports shall SEC Reports, fairly present, presents in all material respects, the results of operations, retained earnings and cash flows, as the case may be, of the entities to which it applies (on a consolidated basis) for the periods or as of the dates, as the case may be, set forth therein, in each case in accordance with GAAP applied on a consistent basis throughout the periods covered (except as stated therein or in the notes thereto) and in compliance with the rules and regulations of the SECCommission. (c) The Company is eligible to register securities for offer and sale on Form S-3 under the Securities Act.