B) During the first year following the consummation of the Merger
Agreement, America West and US Airways will each maintain not
less than 80% of the number of aircraft (excluding SJs as defined
in the US Airways agreement as amended by this Letter of
Agreement) listed by month for that airline in Attachment B.
c) For US Airways, the number of minimum aircraft will be re-
established one year after the consummation of the Merger
Agreement at the lesser of 279 total aircraft (excluding SJs), or the
number of total aircraft then operated by US Airways (excluding
SJs) less ten percent (10%), rounded to the nearest aircraft, with
the daily utilization rate measured monthly as the average daily
utilization rate for the prior twelve months less ten percent (10%).
d) For America West, the number of minimum aircraft will be
established one year after the consummation of the Merger
Agreement at the lesser of 140 total aircraft (excluding SJs), or the
number of total aircraft then operated by America West (excluding
SJs) less ten percent (10%), rounded to the nearest aircraft, with
the daily utilization rate measured monthly as the average daily
utilization rate for the prior twelve months less ten percent (10%).
Sounds like they have plenty of wiggle room here.