WITH ITS TERMS AND THE TERMS OF THIS CREDIT AGREEMENT UNLESS
EXPLICITLY SPECIFIED TO THE CONTRARY, EITHER IN THE DEFINED TERM REFERRING TO
SUCH DOCUMENT AND AGREEMENT OR OTHERWISE.
(B)
THE SINGULAR INCLUDES THE PLURAL AND THE PLURAL INCLUDES THE
SINGULAR.
(C)
A REFERENCE TO ANY LAW INCLUDES ANY AMENDMENT OR MODIFICATION TO
SUCH LAW.
(D)
A REFERENCE TO ANY PERSON INCLUDES ITS PERMITTED SUCCESSORS AND
PERMITTED ASSIGNS.
(E)
ACCOUNTING TERMS NOT OTHERWISE DEFINED HEREIN HAVE THE MEANINGS
ASSIGNED TO THEM BY GENERALLY ACCEPTED ACCOUNTING PRINCIPLES APPLIED ON A
CONSISTENT BASIS BY THE ACCOUNTING ENTITY TO WHICH THEY REFER.
(F)
THE WORDS "INCLUDE", "INCLUDES" AND "INCLUDING" ARE NOT LIMITING.
(G)
ALL TERMS NOT SPECIFICALLY DEFINED HEREIN OR BY GENERALLY ACCEPTED
ACCOUNTING PRINCIPLES, WHICH TERMS ARE DEFINED IN THE UNIFORM COMMERCIAL CODE AS
IN EFFECT IN THE COMMONWEALTH OF MASSACHUSETTS, HAVE THE MEANINGS ASSIGNED TO
THEM THEREIN, WITH THE TERM "INSTRUMENT" BEING THAT DEFINED UNDER ARTICLE 9 OF
THE UNIFORM COMMERCIAL CODE.
(H)
REFERENCE TO A PARTICULAR "§" REFERS TO THAT SECTION OF THIS
CREDIT AGREEMENT UNLESS OTHERWISE INDICATED.
(I)
THE WORDS "HEREIN", "HEREOF", "HEREUNDER" AND WORDS OF LIKE
IMPORT SHALL REFER TO THIS CREDIT AGREEMENT AS A WHOLE AND NOT TO ANY PARTICULAR
SECTION OR SUBDIVISION OF THIS CREDIT AGREEMENT.
26
(J)
UNLESS OTHERWISE EXPRESSLY INDICATED, IN THE COMPUTATION OF
PERIODS OF TIME FROM A SPECIFIED DATE TO A LATER SPECIFIED DATE, THE WORD "FROM"
MEANS "FROM AND INCLUDING," THE WORDS "TO" AND "UNTIL" EACH MEAN "TO BUT
EXCLUDING," AND THE WORD "THROUGH" MEANS "TO AND INCLUDING."
(K)
THIS CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS MAY USE SEVERAL
DIFFERENT LIMITATIONS, TESTS OR MEASUREMENTS TO REGULATE THE SAME OR SIMILAR
MATTERS.
ALL SUCH LIMITATIONS, TESTS AND MEASUREMENTS ARE, HOWEVER, CUMULATIVE
AND ARE TO BE PERFORMED IN ACCORDANCE WITH THE TERMS THEREOF.
(L)
THIS CREDIT AGREEMENT AND THE OTHER LOAN DOCUMENTS ARE THE RESULT
OF NEGOTIATION AMONG, AND HAVE BEEN REVIEWED BY COUNSEL TO, AMONG OTHERS, THE
AGENT AND THE BORROWERS AND ARE THE PRODUCT OF DISCUSSIONS AND NEGOTIATIONS
AMONG ALL PARTIES.
ACCORDINGLY, THIS CREDIT AGREEMENT AND THE OTHER LOAN
DOCUMENTS ARE NOT INTENDED TO BE CONSTRUED AGAINST THE AGENT OR ANY OF THE
LENDERS MERELY ON ACCOUNT OF THE AGENT'S OR ANY LENDER'S INVOLVEMENT IN THE
PREPARATION OF SUCH DOCUMENTS.
2.
THE REVOLVING CREDIT FACILITY.
2.1
Commitment to Lend.
Subject to the terms and conditions set forth
in this Credit Agreement, each of the Lenders severally agrees to lend to the
Borrowers and the Borrowers may borrow, repay, and reborrow on a joint and
several basis from time to time from the Closing Date up to and including the
Revolving Credit Loan Maturity Date upon notice by the Borrowers to the Agent
given in accordance with §2.6, such sums as are requested by the Borrowers up to
a maximum aggregate amount Outstanding (after giving effect to all amounts
requested) at any one time equal to such Lender's Revolving Credit Commitment,
minus such Lender's Revolving Credit Commitment Percentage of the