APPLICABLE ACCOUNTING
PRINCIPLES AND PRACTICES IN EFFECT IMMEDIATELY PRIOR TO SUCH CHANGES SHALL BE
REVIEWED AND CERTIFIED BY THE BORROWER'S ACCOUNTANTS.
1.3
OTHER TERMS DEFINED IN UCC.
ALL OTHER CAPITALIZED WORDS AND
PHRASES USED HEREIN AND NOT OTHERWISE SPECIFICALLY DEFINED HEREIN SHALL HAVE THE
RESPECTIVE MEANINGS ASSIGNED TO SUCH TERMS IN THE UCC, TO THE EXTENT THE SAME
ARE USED OR DEFINED THEREIN.
1.4
OTHER INTERPRETIVE PROVISIONS.
(A)
THE MEANINGS OF DEFINED TERMS ARE EQUALLY APPLICABLE TO THE
SINGULAR AND PLURAL FORMS OF THE DEFINED TERMS.
WHENEVER THE CONTEXT SO
REQUIRES, THE NEUTER GENDER INCLUDES THE MASCULINE AND FEMININE, THE SINGLE
NUMBER INCLUDES THE PLURAL, AND VICE VERSA, AND IN PARTICULAR THE WORD
"BORROWER" SHALL BE SO CONSTRUED.
(B)
SECTION AND SCHEDULE REFERENCES ARE TO THIS AGREEMENT UNLESS
OTHERWISE SPECIFIED.
THE WORDS "HEREOF", "HEREIN" AND "HEREUNDER" AND WORDS OF
SIMILAR IMPORT
10
WHEN USED IN THIS AGREEMENT SHALL REFER TO THIS AGREEMENT AS A WHOLE AND NOT TO
ANY PARTICULAR PROVISION OF THIS AGREEMENT.
(C)
THE TERM "INCLUDING" IS NOT LIMITING, AND MEANS "INCLUDING,
WITHOUT LIMITATION".
(D)
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".
(E)
UNLESS OTHERWISE EXPRESSLY PROVIDED HEREIN, (I) REFERENCES TO
AGREEMENTS (INCLUDING THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS) AND OTHER
CONTRACTUAL INSTRUMENTS SHALL BE DEEMED TO INCLUDE ALL SUBSEQUENT AMENDMENTS,
RESTATEMENTS, SUPPLEMENTS AND OTHER MODIFICATIONS THERETO, BUT ONLY TO THE
EXTENT SUCH AMENDMENTS, RESTATEMENTS, SUPPLEMENTS AND OTHER MODIFICATIONS ARE
NOT PROHIBITED BY THE TERMS OF ANY LOAN DOCUMENT, AND (II) REFERENCES TO ANY
STATUTE OR REGULATION SHALL BE CONSTRUED AS INCLUDING ALL STATUTORY AND
REGULATORY PROVISIONS AMENDING, REPLACING, SUPPLEMENTING OR INTERPRETING SUCH
STATUTE OR REGULATION.
(F)
TO THE EXTENT ANY OF THE PROVISIONS OF THE OTHER LOAN DOCUMENTS
ARE INCONSISTENT WITH THE TERMS OF THIS AGREEMENT, THE PROVISIONS OF THIS
AGREEMENT SHALL GOVERN.
(G)
THIS 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 CUMULATIVE AND EACH
SHALL BE PERFORMED IN ACCORDANCE WITH ITS TERMS.
SECTION 2
COMMITMENT OF THE BANK;
BORROWING PROCEDURES; PAYMENTS
2.1
COMMITMENTS.
SUBJECT TO THE TERMS AND CONDITIONS OF THIS
AGREEMENT AND THE OTHER LOAN DOCUMENTS, AND IN RELIANCE UPON THE REPRESENTATIONS
AND WARRANTIES OF THE BORROWER SET FORTH HEREIN AND IN THE OTHER LOAN DOCUMENTS:
(A)
REVOLVING LOAN COMMITMENT.
THE BANK AGREES TO MAKE SUCH REVOLVING
LOANS AT SUCH TIMES AS THE BORROWER MAY FROM TIME TO TIME REQUEST UNTIL, BUT NOT
INCLUDING, THE REVOLVING LOAN TERMINATION DATE, AND IN SUCH AMOUNTS AS THE
BORROWER MAY FROM TIME TO TIME REQUEST, PROVIDED, HOWEVER, THAT THE REVOLVING
LOAN EXPOSURE SHALL NOT EXCEED THE REVOLVING LOAN COMMITMENT.
REVOLVING LOANS
MADE BY THE BANK MAY BE REPAID AND, SUBJECT TO THE TERMS AND CONDITIONS HEREOF,
BORROWED AGAIN UP TO, BUT