of all Commitments of all Lenders.
"Total Extensions of Credit": at any time, the aggregate outstanding principal
and/or face amount of the Extensions of Credit of the Lenders then in effect.
"Trade Letter of Credit": a commercial or standby Letter of Credit supporting
the purchase of Eligible Commodities.
"Trading Business": with respect to each Lender, the day-to-day activities of
such Lender or a division or Affiliate of such Lender relating to the
proprietary purchase, sale, hedging and/or trading of commodities, including,
without limitation, Eligible Commodities, and any related derivative
transactions.
"Tranche": Loans, the then-current Interest Periods which all begin on the same
date and end on the same later date (whether or not such Loans shall originally
have been made on the same day).
"Transferee": as defined in Section 11.7(f).
"Type": as to any Loan, its nature as a Base Rate Loan, a Eurodollar Loan or a
Cost of Funds Loan.
"UCP 600": as defined in Section 3.1(g).
"United States Dollars" and "$": dollars in lawful currency of the United States
of America.
"Unreimbursed Amount": as defined in Section 3.5(a).
36
"Updated Financials": as defined in the definition of "Applicable Financial
Statements" in this Section 1.1.
"USA PATRIOT Act":
as defined in Section 5.24.
"Wind-Up Accounts": those demand deposit accounts, securities accounts and
commodities accounts as set forth on Schedule 1.1(D).
1.2
Other Definitional Provisions.
(A)
UNLESS OTHERWISE SPECIFIED THEREIN, ALL TERMS DEFINED IN THIS
AGREEMENT SHALL HAVE THE DEFINED MEANINGS WHEN USED IN ANY NOTES OR ANY OTHER
LOAN DOCUMENTS OR ANY CERTIFICATE OR OTHER DOCUMENT MADE OR DELIVERED PURSUANT
HERETO OR THERETO.
(B)
AS USED HEREIN AND IN ANY NOTES, ANY OTHER LOAN DOCUMENTS AND ANY
CERTIFICATE OR OTHER DOCUMENT MADE OR DELIVERED PURSUANT HERETO OR THERETO,
ACCOUNTING TERMS RELATING TO THE BORROWERS AND THEIR RESPECTIVE SUBSIDIARIES NOT
DEFINED IN SECTION 1.1 AND (SUBJECT TO SECTION 1.2(C)) ACCOUNTING TERMS PARTLY
DEFINED IN SECTION 1.1, TO THE EXTENT NOT DEFINED, SHALL HAVE THE RESPECTIVE
MEANINGS GIVEN TO THEM UNDER GAAP.
(C)
THE WORDS "HEREOF", "HEREIN" AND "HEREUNDER" AND WORDS OF SIMILAR
IMPORT WHEN USED IN THIS AGREEMENT SHALL REFER TO THIS AGREEMENT AS A WHOLE AND
NOT TO ANY PARTICULAR PROVISION OF THIS AGREEMENT, AND SECTION, SCHEDULE,
EXHIBIT AND ANNEX REFERENCES ARE TO THIS AGREEMENT UNLESS OTHERWISE SPECIFIED.
(D)
THE MEANINGS GIVEN TO TERMS DEFINED HEREIN SHALL BE EQUALLY
APPLICABLE TO BOTH THE SINGULAR AND PLURAL FORMS OF SUCH TERMS.
(E)
UNLESS OTHERWISE EXPRESSLY PROVIDED HEREIN, (I) REFERENCES TO
GOVERNING DOCUMENTS, AGREEMENTS (INCLUDING THE LOAN DOCUMENTS) AND OTHER
CONTRACTUAL INSTRUMENTS SHALL BE DEEMED TO INCLUDE ALL SUBSEQUENT AMENDMENTS,
RESTATEMENTS, EXTENSIONS, WAIVERS, SUPPLEMENTS AND OTHER MODIFICATIONS THERETO
AND (II) REFERENCES TO ANY LAW SHALL INCLUDE ALL STATUTORY AND REGULATORY
PROVISIONS CONSOLIDATING, AMENDING, REPLACING, SUPPLEMENTING OR INTERPRETING
SUCH LAW.
1.3
Rounding.
Any financial ratios required to be maintained by the
Borrowers pursuant to this Agreement shall be calculated by dividing the
appropriate component by the other component, carrying the result to one place
more than the number of places by