Cohiba, maybe yours does but not mine![BR][BR]
[P][SPAN class=BodyFont]Once again , Wings you are wrong, since 1983 when 1113 was enacted no company has broken one, and this language is in all the agreements:[BR][BR][BR][BR]Scotty Ford[BR]President and General Chairman[BR]International Association of Machinists[BR]and Aerospace Workers – District 141M[BR]321 Allerton Avenue[BR]South San Francisco, CA 94080[BR][BR]Re: Restructuring Program[BR][BR]Dear Mr. Ford:[BR]
[P align=justify]The modifications to the 1995 Mechanical and Related Agreement (the Modifications) reached in connection with the 2002 Restructuring Program of the US Airways Group, Inc. and US Airways, Inc. (together, the Company) were agreed to by IAM in furtherance of the Company’s effort to successfully restructure its operations and capital structure and in consideration of the Company’s waiver and agreements herein. The Modifications were embodied in the revised collective bargaining agreement between IAM and the Company described as the IAM Restructuring Agreement.[BR]
[P align=justify][BR]
[P align=justify]This Letter of Agreement is a part of the Modifications and the IAM Restructuring Agreement, and is effective only if and when the IAM Restructuring Agreement becomes completely and unconditionally effective, and there are no conditions subsequent to its continuing effectiveness.[BR]
[P align=justify][BR]
[P align=justify]The Company believes that:[BR]
[P align=justify][BR]
[UL][BR]
[LI]The Modifications are based on the most complete and reliable information available to the Company; [/LI][/UL][BR]
[P align=justify][BR]
[UL][BR]
[LI]The Modifications permit the Company to avoid irreparable harm and provide for all the appropriate modifications to the 1995 Mechanical and Related Agreement that are necessary to permit the successful restructuring and reorganization of the Company. [BR]
[LI]The balance of equities favors the IAM Restructuring Agreement and the Company’s adherence thereto. [/LI][/UL][BR]
[P align=justify][BR][BR][FONT style=BACKGROUND-COLOR: #ffff00]The Company agrees that if a petition for bankruptcy is filed with respect to either US Airways Group, Inc. or US Airways, Inc., during the calendar year 2002 (the Filing):[/FONT][BR]
[P align=justify][FONT style=BACKGROUND-COLOR: #ffff00][/FONT][BR]
[OL][BR]
[LI][FONT style=BACKGROUND-COLOR: #ffff00]Neither the Company nor any affiliate will file or support any motion pursuant to 11 U.S.C. Sections 1113, 1113 (e), 1114, 1114 (h) or any other provision of the Bankruptcy Code, seeking rejection or modification of, or relief or interim relief from, the IAM Restructuring Agreement.(a Motion). [/FONT][BR]
[P align=justify][BR][/P]
[LI][FONT style=BACKGROUND-COLOR: #ffff00]The Company and its affiliates will actively oppose any such Motion if filed by another party. [/FONT][BR]
[LI][FONT style=BACKGROUND-COLOR: #ffff00]It is expressly recognized and agreed that if the IAM Restructuring Agreement is not completely and unconditionally effective, and the 1995 Mechanical and Related Agreement therefore remains effective without the Modifications, the above two paragraphs are inapplicable and have no force or effect, and the Company may make or refrain from opposing any such Motion with regard to the 1995 Mechanical and Related Agreement. [/FONT][/LI][/OL][BR]
[P align=justify][BR][BR][BR][BR]In the event that the Company files a petition for bankruptcy and US Airways determines to request additional modifications to the IAM Restructuring Agreement to support reduced cash flows, to secure debtor-in-possession financing, and/or attract capital, the Company and IAM will meet to negotiate regarding such additional modifications to the mutual satisfaction of both parties within fifteen days of such determination. Neither party will be required to reach agreement regarding such modifications and the failure to reach such agreement will not affect the commitments in this letter.[BR][BR]Please indicate your agreement to the foregoing by signing below.[BR][/P][/SPAN]
[P][SPAN class=BodyFont]Once again , Wings you are wrong, since 1983 when 1113 was enacted no company has broken one, and this language is in all the agreements:[BR][BR][BR][BR]Scotty Ford[BR]President and General Chairman[BR]International Association of Machinists[BR]and Aerospace Workers – District 141M[BR]321 Allerton Avenue[BR]South San Francisco, CA 94080[BR][BR]Re: Restructuring Program[BR][BR]Dear Mr. Ford:[BR]
[P align=justify]The modifications to the 1995 Mechanical and Related Agreement (the Modifications) reached in connection with the 2002 Restructuring Program of the US Airways Group, Inc. and US Airways, Inc. (together, the Company) were agreed to by IAM in furtherance of the Company’s effort to successfully restructure its operations and capital structure and in consideration of the Company’s waiver and agreements herein. The Modifications were embodied in the revised collective bargaining agreement between IAM and the Company described as the IAM Restructuring Agreement.[BR]
[P align=justify][BR]
[P align=justify]This Letter of Agreement is a part of the Modifications and the IAM Restructuring Agreement, and is effective only if and when the IAM Restructuring Agreement becomes completely and unconditionally effective, and there are no conditions subsequent to its continuing effectiveness.[BR]
[P align=justify][BR]
[P align=justify]The Company believes that:[BR]
[P align=justify][BR]
[UL][BR]
[LI]The Modifications are based on the most complete and reliable information available to the Company; [/LI][/UL][BR]
[P align=justify][BR]
[UL][BR]
[LI]The Modifications permit the Company to avoid irreparable harm and provide for all the appropriate modifications to the 1995 Mechanical and Related Agreement that are necessary to permit the successful restructuring and reorganization of the Company. [BR]
[LI]The balance of equities favors the IAM Restructuring Agreement and the Company’s adherence thereto. [/LI][/UL][BR]
[P align=justify][BR][BR][FONT style=BACKGROUND-COLOR: #ffff00]The Company agrees that if a petition for bankruptcy is filed with respect to either US Airways Group, Inc. or US Airways, Inc., during the calendar year 2002 (the Filing):[/FONT][BR]
[P align=justify][FONT style=BACKGROUND-COLOR: #ffff00][/FONT][BR]
[OL][BR]
[LI][FONT style=BACKGROUND-COLOR: #ffff00]Neither the Company nor any affiliate will file or support any motion pursuant to 11 U.S.C. Sections 1113, 1113 (e), 1114, 1114 (h) or any other provision of the Bankruptcy Code, seeking rejection or modification of, or relief or interim relief from, the IAM Restructuring Agreement.(a Motion). [/FONT][BR]
[P align=justify][BR][/P]
[LI][FONT style=BACKGROUND-COLOR: #ffff00]The Company and its affiliates will actively oppose any such Motion if filed by another party. [/FONT][BR]
[LI][FONT style=BACKGROUND-COLOR: #ffff00]It is expressly recognized and agreed that if the IAM Restructuring Agreement is not completely and unconditionally effective, and the 1995 Mechanical and Related Agreement therefore remains effective without the Modifications, the above two paragraphs are inapplicable and have no force or effect, and the Company may make or refrain from opposing any such Motion with regard to the 1995 Mechanical and Related Agreement. [/FONT][/LI][/OL][BR]
[P align=justify][BR][BR][BR][BR]In the event that the Company files a petition for bankruptcy and US Airways determines to request additional modifications to the IAM Restructuring Agreement to support reduced cash flows, to secure debtor-in-possession financing, and/or attract capital, the Company and IAM will meet to negotiate regarding such additional modifications to the mutual satisfaction of both parties within fifteen days of such determination. Neither party will be required to reach agreement regarding such modifications and the failure to reach such agreement will not affect the commitments in this letter.[BR][BR]Please indicate your agreement to the foregoing by signing below.[BR][/P][/SPAN]