this Credit Agreement
or any other Loan Document or any of them, as used in this Credit Agreement or
in any other Loan Document, shall be deemed a reference to this Credit Agreement
or such Loan Document, as applicable, as the same may be amended, modified,
supplemented, replaced, renewed or restated from time to time; and
(j)
Every affirmative duty, covenant and
obligation of Borrowers hereunder shall be equally applicable to each of the
Borrowers individually and where the context would result in the best interests
or rights of Banks shall be construed to mean "Borrowers or any of them" or
"Borrowers and each of them", as applicable.
SECTION 1.03.
USE OF DEFINED TERMS.
UNLESS
OTHERWISE DEFINED OR THE CONTEXT OTHERWISE REQUIRES, TERMS FOR WHICH MEANINGS
ARE PROVIDED IN THIS CREDIT AGREEMENT SHALL HAVE SUCH MEANINGS WHEN USED IN THE
REVOLVING CREDIT NOTE AND IN
67
EACH LOAN DOCUMENT AND OTHER COMMUNICATION DELIVERED FROM TIME TO TIME IN
CONNECTION WITH THIS CREDIT AGREEMENT OR ANY OTHER LOAN DOCUMENT.
SECTION 1.04.
CROSS-REFERENCES.
UNLESS OTHERWISE
SPECIFIED, REFERENCES IN THIS CREDIT AGREEMENT AND IN EACH OTHER LOAN DOCUMENT
TO ANY ARTICLE OR SECTION ARE REFERENCES TO SUCH ARTICLE OR SECTION OF THIS
CREDIT AGREEMENT OR SUCH OTHER LOAN DOCUMENT, AS THE CASE MAY BE, AND, UNLESS
OTHERWISE SPECIFIED, REFERENCES IN ANY ARTICLE, SECTION OR DEFINITION TO ANY
CLAUSE ARE REFERENCES TO SUCH CLAUSE OF SUCH ARTICLE, SECTION OR DEFINITION.
SECTION 1.05.
EXHIBITS AND SCHEDULES.
ALL EXHIBITS
AND SCHEDULES TO THIS CREDIT AGREEMENT, EITHER AS ORIGINALLY EXISTING OR AS THE
SAME MAY FROM TIME TO TIME BE SUPPLEMENTED, MODIFIED OR AMENDED, ARE
INCORPORATED HEREIN BY THIS REFERENCE.
ARTICLE II
AMOUNT, TERMS AND SECURITY OF THE CREDIT FACILITY
SECTION 2.01.
THE CREDIT FACILITY.
A.
SUBJECT TO THE CONDITIONS AND UPON THE
TERMS HEREINAFTER SET FORTH AND IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF
THE REVOLVING CREDIT NOTE, ON AND AFTER THE RESTATEMENT DATE LENDERS SEVERALLY
AGREE IN THE PROPORTIONS SET FORTH ON THE SCHEDULE OF LENDERS' PROPORTIONS IN
CREDIT FACILITY TO LEND AND ADVANCE BORROWINGS TO BORROWERS, UP TO THE AGGREGATE
COMMITMENT, SUCH AMOUNTS AS BORROWERS MAY REQUEST BY NOTICE OF BORROWING DULY
EXECUTED BY AN AUTHORIZED OFFICER AND DELIVERED TO AGENT BANK FROM TIME TO TIME
AS PROVIDED IN SECTION 2.03 OR AT THE REQUEST OF AGENT BANK PURSUANT TO
SECTIONS 2.08 OR 2.14.
B.
SUBJECT TO THE USES AND PURPOSES SET
FORTH IN SECTION 2.02, ON AND AFTER THE RESTATEMENT DATE BORROWERS MAY BORROW,
REPAY AND REBORROW THE AVAILABLE BORROWINGS UP TO THE AGGREGATE COMMITMENT FROM
TIME TO TIME.
PROVIDED, HOWEVER, AMOUNTS OF FUNDED OUTSTANDINGS BEARING
INTEREST WITH REFERENCE TO A LIBO RATE SHALL BE SUBJECT TO BREAKAGE CHARGES
INCIDENT TO PREPAYMENT.
THE CREDIT FACILITY SHALL BE FOR A TERM COMMENCING ON
THE RESTATEMENT DATE AND TERMINATING ON THE MATURITY DATE, ON WHICH DATE THE
ENTIRE OUTSTANDING BALANCE OF THE CREDIT FACILITY SHALL BE FULLY PAID AND BANK
FACILITIES TERMINATION SHALL OCCUR.
IN NO EVENT SHALL ANY LENDER BE LIABLE TO