SUCH SCHEDULE, EXHIBIT OR APPENDIX) IN
COMPLIANCE WITH THE TERMS OF THE TRANSACTION DOCUMENTS.
(B)
SECTION, PART, SCHEDULE, EXHIBIT AND APPENDIX
REFERENCES CONTAINED IN THIS AGREEMENT ARE REFERENCES TO SECTIONS, PARTS,
SCHEDULES, EXHIBITS AND APPENDICES IN OR TO THIS AGREEMENT UNLESS OTHERWISE
SPECIFIED.
1.4
DOCUMENT REFERENCES PROVISION
References to this Agreement or to any other Transaction Document or any other
document or agreement in this Agreement shall be deemed to be references to any
2
such document or agreement as amended, restated, supplemented or otherwise
modified from time to time.
1.5
STATUTORY REFERENCES PROVISION
In this Agreement, unless indicated otherwise a reference to provision of the
Bankruptcy Code, Code, ERISA, 1940 Act or the UCC or any other statutory
provision or legislative enactment is to that provision or enactment as amended
or re-enacted and includes any amendments made to that provision that are in
force at that date, any statutory provision of which it is a re-enactment or
consolidation and any order, instrument or regulation made or issued under it.
1.6
GAAP REFERENCES PROVISION
As used herein and in any certificate or other document made or delivered
pursuant hereto or thereto, accounting terms not defined herein or incorporated
by reference herein, and accounting terms partly defined herein or incorporated
by reference herein to the extent not defined, shall have the respective
meanings given to them under GAAP. To the extent that the definitions of
accounting terms herein or incorporated by reference herein are inconsistent
with the meanings of such terms under GAAP, the definitions contained herein or
incorporated by reference herein shall control.
1.7
INCLUSION OF SPECIFIC EXAMPLES DOES NOT LIMIT
GENERALITY; MEANING OF CERTAIN WORDS
In this Agreement, unless indicated otherwise:
(A)
THE WORDS "INCLUDE", "INCLUDES" OR
"INCLUDING" SHALL BE INTERPRETED AS FOLLOWED, IN EACH CASE, BY THE PHRASE
"WITHOUT LIMITATION";
(B)
GENERAL WORDS INTRODUCED BY THE WORD "OTHER"
ARE NOT TO BE GIVEN A RESTRICTIVE MEANING BY REASON OF THE FACT THAT THEY ARE
PRECEDED BY WORDS INDICATING A PARTICULAR CLASS OF ACTS, MATTERS OR THINGS;
(C)
GENERAL WORDS ARE NOT TO BE GIVEN A
RESTRICTIVE MEANING BY REASON OF THE FACT THAT THEY ARE FOLLOWED BY PARTICULAR
EXAMPLES INTENDED TO BE EMBRACED BY THE GENERAL WORDS;
(D)
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
(E)
ANY REFERENCE IN THIS AGREEMENT TO ANY
REPRESENTATION, WARRANTY OR COVENANT "DEEMED" TO HAVE BEEN MADE IS INTENDED TO
ENCOMPASS ONLY REPRESENTATIONS, WARRANTIES OR COVENANTS THAT ARE EXPRESSLY
STATED TO BE REPEATED ON OR AS OF DATES FOLLOWING THE EXECUTION AND DELIVERY OF
THIS AGREEMENT, AND NO SUCH REFERENCE SHALL BE INTERPRETED AS A REFERENCE TO ANY
IMPLICIT, INFERRED, TACIT OR OTHERWISE UNEXPRESSED REPRESENTATION, WARRANTY OR
COVENANT.
3
1.8
REFERENCES TO A DAY AND TIME; COMPUTATION OF
TIME PERIOD
(A)
IN THIS AGREEMENT, UNLESS INDICATED
OTHERWISE, A REFERENCE TO A "DAY" MEANS A