liability to a Multiemployer Plan as a result
of a complete or partial withdrawal from such Multiemployer Plan, as such terms
are defined in Part I of Subtitle E of Title IV of ERISA.
SECTION 1.02. TERMS GENERALLY.
THE DEFINITIONS IN SECTION 1.01 SHALL APPLY
EQUALLY TO BOTH 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".
UNLESS THE CONTEXT SHALL OTHERWISE REQUIRE, ALL REFERENCES HEREIN TO
ARTICLES, SECTIONS, EXHIBITS AND SCHEDULES SHALL BE DEEMED TO BE REFERENCES TO
ARTICLES AND SECTIONS OF, AND EXHIBITS AND SCHEDULES TO, THIS AGREEMENT , AND
THE WORDS "HEREIN", "HEREOF" AND "HEREUNDER", AND WORDS OF SIMILAR IMPORT, SHALL
BE CONSTRUED TO REFER TO THIS AGREEMENT IN ITS ENTIRETY AND NOT TO ANY
PARTICULAR PROVISION HEREOF.
EACH REFERENCE TO ANY LOAN DOCUMENT OR ANY OTHER
DOCUMENT OR AGREEMENT SHALL BE DEEMED TO BE A REFERENCE TO SUCH LOAN DOCUMENT,
DOCUMENT OR AGREEMENT AS AMENDED, RESTATED, WAIVED, SUPPLEMENTED OR OTHERWISE
MODIFIED FROM TIME TO TIME IN ACCORDANCE WITH THE PROVISIONS HEREOF AND THEREOF.
SECTION 1.03. CLASSIFICATION OF LOANS AND BORROWINGS.
FOR THE PURPOSES OF THIS
AGREEMENT, LOANS MAY BE CLASSIFIED AND REFERRED TO BY CLASS (E.G., A "TERM LOAN"
OR AN "OTHER TERM LOAN") OR BY TYPE (E.G., A "EURODOLLAR LOAN") OR BY CLASS AND
TYPE (E.G., A "EURODOLLAR TERM LOAN").
BORROWINGS MAY ALSO BE CLASSIFIED AND
REFERRED TO BY CLASS (E.G., A "TERM BORROWING") OR BY TYPE (E.G., A "EURODOLLAR
BORROWING") OR BY CLASS AND TYPE (E.G., A "EURODOLLAR TERM BORROWING").
SECTION 1.04. PRO FORMA CALCULATIONS.
WITH RESPECT TO ANY PERIOD DURING WHICH
ANY PERMITTED ACQUISITION OCCURS, THE CONSOLIDATED LEVERAGE RATIO, THE
CONSOLIDATED SENIOR SECURED LEVERAGE RATIO AND THE INTEREST COVERAGE RATIO SHALL
BE CALCULATED WITH RESPECT TO SUCH PERIOD (AND, TO THE EXTENT APPLICABLE,
SUBSEQUENT PERIODS) ON A PRO FORMA BASIS AFTER GIVING EFFECT TO SUCH PERMITTED
ACQUISITION (INCLUDING, WITHOUT DUPLICATION, (A) ALL PRO FORMA ADJUSTMENTS
PERMITTED OR REQUIRED BY ARTICLE 11 OF REGULATION S-X UNDER THE SECURITIES ACT
OF 1933, AS AMENDED, AND (B) PRO FORMA ADJUSTMENTS FOR COST SAVINGS (NET OF
CONTINUING ASSOCIATED EXPENSES) TO THE EXTENT SUCH COST SAVINGS ARE FACTUALLY
SUPPORTABLE AND HAVE BEEN REALIZED OR ARE REASONABLY EXPECTED TO BE REALIZED
WITHIN 12 MONTHS FOLLOWING SUCH PERMITTED ACQUISITION, PROVIDED THAT SUCH
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COST SAVINGS SHALL BE SET FORTH IN A REASONABLY DETAILED CERTIFICATE OF A
FINANCIAL OFFICER OF THE BORROWER), USING, FOR PURPOSES OF MAKING SUCH
CALCULATIONS, THE HISTORICAL FINANCIAL STATEMENTS OF ALL ENTITIES OR ASSETS SO
ACQUIRED OR TO BE ACQUIRED AND THE CONSOLIDATED FINANCIAL STATEMENTS OF SSCC AND
THE SUBSIDIARIES, WHICH SHALL BE REFORMULATED AS IF SUCH PERMITTED ACQUISITION,
AND ANY OTHER PERMITTED ACQUISITIONS THAT HAVE BEEN CONSUMMATED DURING THE
PERIOD, HAD BEEN CONSUMMATED AT THE