AND REFERRED TO BY CLASS
(E.G. A "REVOLVING LOAN" OR "TERM LOAN") OR BY TYPE (E.G. A "EURODOLLAR LOAN" OR
"BASE RATE LOAN") OR BY CLASS AND TYPE (E.G. "REVOLVING EURODOLLAR LOAN").
BORROWINGS ALSO MAY BE CLASSIFIED AND REFERRED TO BY CLASS (E.G. "REVOLVING
BORROWING") OR BY TYPE (E.G. "EURODOLLAR BORROWING") OR BY CLASS AND TYPE (E.G.
"REVOLVING EURODOLLAR BORROWING").
SECTION 1.3.
ACCOUNTING TERMS AND DETERMINATION.
UNLESS
OTHERWISE DEFINED OR SPECIFIED HEREIN, ALL ACCOUNTING TERMS USED HEREIN SHALL BE
INTERPRETED, ALL ACCOUNTING DETERMINATIONS HEREUNDER SHALL BE MADE, AND ALL
FINANCIAL STATEMENTS REQUIRED TO BE DELIVERED HEREUNDER SHALL BE PREPARED, IN
ACCORDANCE WITH GAAP AS IN EFFECT FROM TIME TO TIME, APPLIED ON A BASIS
CONSISTENT WITH THE MOST RECENT AUDITED CONSOLIDATED FINANCIAL STATEMENT OF THE
BORROWER DELIVERED PURSUANT TO SECTION 5.1(A); PROVIDED, THAT IF THE BORROWER
NOTIFIES THE ADMINISTRATIVE AGENT THAT THE BORROWER WISHES TO AMEND ANY COVENANT
IN ARTICLE VI TO ELIMINATE THE EFFECT OF ANY CHANGE IN GAAP ON THE OPERATION OF
SUCH COVENANT (OR IF THE ADMINISTRATIVE AGENT NOTIFIES THE BORROWER THAT THE
REQUIRED LENDERS WISH TO AMEND ARTICLE VI FOR SUCH PURPOSE), THEN THE BORROWER'S
COMPLIANCE WITH SUCH COVENANT SHALL BE DETERMINED ON THE BASIS OF GAAP IN EFFECT
IMMEDIATELY BEFORE THE RELEVANT CHANGE IN GAAP BECAME EFFECTIVE, UNTIL EITHER
SUCH NOTICE IS WITHDRAWN OR SUCH COVENANT IS AMENDED IN A MANNER SATISFACTORY TO
THE BORROWER AND THE REQUIRED LENDERS.
SECTION 1.4.
TERMS GENERALLY.
THE DEFINITIONS OF TERMS HEREIN
SHALL APPLY EQUALLY TO THE SINGULAR AND PLURAL FORMS OF THE TERMS DEFINED.
WHENEVER THE CONTEXT MAY REQUIRE, ANY PRONOUN SHALL INCLUDE THE CORRESPONDING
MASCULINE, FEMININE AND NEUTER FORMS.
THE WORDS "INCLUDE", "INCLUDES" AND
"INCLUDING" SHALL BE DEEMED TO BE FOLLOWED BY THE PHRASE "WITHOUT LIMITATION".
THE WORD "WILL" SHALL BE CONSTRUED TO HAVE THE SAME MEANING AND EFFECT AS THE
WORD "SHALL".
IN THE COMPUTATION OF PERIODS OF TIME FROM A SPECIFIED DATE TO A
LATER SPECIFIED DATE, THE WORD "FROM" MEANS "FROM AND INCLUDING" AND THE WORD
"TO" MEANS "TO BUT EXCLUDING".
UNLESS THE CONTEXT REQUIRES OTHERWISE (I) ANY
DEFINITION OF OR REFERENCE TO ANY AGREEMENT, INSTRUMENT OR OTHER DOCUMENT HEREIN
SHALL BE CONSTRUED AS REFERRING TO SUCH AGREEMENT, INSTRUMENT OR OTHER DOCUMENT
AS IT WAS ORIGINALLY EXECUTED OR AS IT MAY FROM TIME TO TIME BE AMENDED,
RESTATED, SUPPLEMENTED OR OTHERWISE MODIFIED (SUBJECT TO ANY RESTRICTIONS ON
SUCH AMENDMENTS, SUPPLEMENTS OR MODIFICATIONS
24
SET FORTH HEREIN), (II) ANY REFERENCE HEREIN TO ANY PERSON SHALL BE CONSTRUED TO
INCLUDE SUCH PERSON'S SUCCESSORS AND PERMITTED ASSIGNS, (III) THE WORDS
"HEREOF", "HEREIN" AND "HEREUNDER" AND WORDS OF SIMILAR IMPORT SHALL BE
CONSTRUED TO REFER TO THIS AGREEMENT AS A WHOLE AND NOT TO ANY PARTICULAR
PROVISION HEREOF, (IV) ALL REFERENCES TO ARTICLES, SECTIONS, EXHIBITS AND
SCHEDULES SHALL BE CONSTRUED TO REFER TO ARTICLES, SECTIONS, EXHIBITS AND
SCHEDULES TO THIS AGREEMENT AND (V) ALL REFERENCES TO A SPECIFIC TIME SHALL BE
CONSTRUED TO REFER TO THE TIME IN THE CITY AND STATE OF THE ADMINISTRATIVE
AGENT'S PRINCIPAL