Borrower, (b) that portion of such Lender's LC Exposure attributable
to Letters of Credit issued for the account of the US Borrower and (c) that
portion of such Lender's Swingline Exposure attributable to Swingline Loans made
to the US Borrower.
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"US Borrowing Base" has the meaning assigned to such term in the definition of
"Borrowing Base".
"US Dollars" or "US$" refers to lawful money of the United States of America.
"US Dollar Equivalent" means, on any date of determination, (a) with respect to
any amount in US Dollars, such amount and (b) with respect to any amount in
Canadian Dollars, the equivalent in US Dollars of such amount, determined by the
Administrative Agent pursuant to Section 1.05 using the Exchange Rate with
respect to such currency at the time in effect under the provisions of such
Section.
"US Loan Party" means any Loan Party that is not a CFC.
"US Subsidiary" means any Subsidiary that is organized under the laws of the
United States of America, any State thereof or the District of Columbia.
"wholly-owned", when used in reference to a subsidiary of any Person, means any
subsidiary of such Person all the Equity Interests in which (other than
directors' qualifying shares and other nominal amounts of Equity Interests that
are required to be held by other Persons under applicable law) are owned,
controlled or held by such Person, another wholly-owned subsidiary of such
Person or any combination thereof.
"Withdrawal Liability" means 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. CLASSIFICATION OF LOANS AND BORROWINGS. FOR PURPOSES OF THIS
AGREEMENT, LOANS MAY BE CLASSIFIED AND REFERRED TO BY TYPE (E.G., A
"EUROCURRENCY LOAN"). BORROWINGS ALSO MAY BE CLASSIFIED AND REFERRED TO BY TYPE
(E.G., A "EUROCURRENCY BORROWING").
SECTION 1.03. 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".
UNLESS THE CONTEXT REQUIRES OTHERWISE (A) 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 FROM TIME TO TIME AMENDED,
SUPPLEMENTED OR OTHERWISE MODIFIED (SUBJECT TO ANY RESTRICTIONS ON SUCH
AMENDMENTS, SUPPLEMENTS OR MODIFICATIONS SET FORTH HEREIN), (B) ANY DEFINITION
OF OR REFERENCE TO ANY STATUTE, REGULATION OR OTHER LAW HEREIN SHALL BE
CONSTRUED (I) AS REFERRING TO SUCH STATUTE, REGULATION OR OTHER LAW AS FROM TIME
TO TIME AMENDED, SUPPLEMENTED OR OTHERWISE MODIFIED (INCLUDING BY SUCCESSION OF
COMPARABLE SUCCESSOR STATUTES, REGULATIONS OR OTHER LAWS) AND (II) TO INCLUDE
ALL OFFICIAL RULINGS AND INTERPRETATIONS