AND SECTIONS OF, AND EXHIBITS AND SCHEDULES TO, THE LOAN
DOCUMENT IN WHICH SUCH REFERENCES APPEAR, (V) ANY REFERENCE TO ANY LAW SHALL
INCLUDE ALL STATUTORY AND REGULATORY PROVISIONS CONSOLIDATING, AMENDING
REPLACING OR INTERPRETING SUCH LAW AND ANY REFERENCE TO ANY LAW OR REGULATION
SHALL, UNLESS OTHERWISE SPECIFIED, REFER TO SUCH LAW OR REGULATION AS AMENDED,
MODIFIED OR SUPPLEMENTED FROM TIME TO TIME, AND (VI) THE WORDS "ASSET" AND
"PROPERTY" SHALL BE CONSTRUED TO HAVE THE SAME MEANING AND EFFECT AND TO REFER
TO ANY AND ALL TANGIBLE AND INTANGIBLE ASSETS AND PROPERTIES, INCLUDING CASH,
SECURITIES, ACCOUNTS AND CONTRACT RIGHTS.
(B)
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."
(C)
SECTION HEADINGS HEREIN AND IN THE OTHER LOAN DOCUMENTS ARE
INCLUDED FOR CONVENIENCE OF REFERENCE ONLY AND SHALL NOT AFFECT THE
INTERPRETATION OF THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT.
1.03
ACCOUNTING TERMS.
UNLESS OTHERWISE SPECIFIED, ALL ACCOUNTING TERMS
USED HEREIN OR IN ANY OTHER LOAN DOCUMENT SHALL BE INTERPRETED, ALL ACCOUNTING
DETERMINATIONS AND
COMPUTATIONS HEREUNDER OR THEREUNDER (INCLUDING UNDER SECTIONS 7.02 AND 7.04)
SHALL BE MADE IN ACCORDANCE WITH GENERALLY ACCEPTED ACCOUNTING PRINCIPLES
("GAAP") AS IN EFFECT ON THE CLOSING DATE OF THIS AGREEMENT, AND ALL FINANCIAL
STATEMENTS REQUIRED TO BE DELIVERED HEREUNDER OR THEREUNDER SHALL BE PREPARED IN
ACCORDANCE WITH GAAP AS IN EFFECT ON THE DATE OF, OR FOR THE PERIOD COVERED BY,
SUCH FINANCIAL STATEMENTS, AND APPLIED IN THE PREPARATION OF THE FINANCIAL
STATEMENTS REFERRED TO IN SECTION 6.01.
1.04
EXCHANGE RATES; CURRENCY EQUIVALENTS.
(A)
THE ADMINISTRATIVE AGENT SHALL DETERMINE THE SPOT RATES AS OF EACH
REVALUATION DATE TO BE USED FOR CALCULATING DOLLAR EQUIVALENT AMOUNTS OF CREDIT
EXTENSIONS AND OUTSTANDING AMOUNTS DENOMINATED IN ALTERNATIVE CURRENCIES.
SUCH
SPOT RATES SHALL BECOME EFFECTIVE AS OF SUCH REVALUATION DATE AND SHALL BE THE
SPOT RATES EMPLOYED IN CONVERTING ANY AMOUNTS BETWEEN THE APPLICABLE CURRENCIES
UNTIL THE NEXT REVALUATION DATE TO OCCUR.
EXCEPT FOR PURPOSES OF FINANCIAL
STATEMENTS DELIVERED BY THE BORROWER HEREUNDER OR CALCULATING FINANCIAL
COVENANTS HEREUNDER OR EXCEPT AS OTHERWISE PROVIDED HEREIN, THE APPLICABLE
AMOUNT OF ANY CURRENCY (OTHER THAN DOLLARS) FOR PURPOSES OF THE LOAN DOCUMENTS
SHALL BE SUCH DOLLAR EQUIVALENT AMOUNT AS SO DETERMINED BY THE ADMINISTRATIVE
AGENT.
(B)
WHEREVER IN THIS AGREEMENT IN CONNECTION WITH A COMMITTED
BORROWING OR THE CONVERSION, CONTINUATION OR PREPAYMENT OF A EUROCURRENCY RATE
LOAN AN AMOUNT, SUCH AS A REQUIRED MINIMUM OR MULTIPLE AMOUNT, IS EXPRESSED IN
DOLLARS, BUT SUCH COMMITTED BORROWING OR EUROCURRENCY RATE LOAN IS DENOMINATED
IN AN ALTERNATIVE CURRENCY, SUCH AMOUNT SHALL BE THE RELEVANT ALTERNATIVE
CURRENCY EQUIVALENT OF SUCH DOLLAR AMOUNT (ROUNDED TO THE NEAREST UNIT OF SUCH
ALTERNATIVE CURRENCY, WITH 0.5 OF A UNIT BEING ROUNDED UPWARD), AS DETERMINED BY
THE ADMINISTRATIVE AGENT.
1.05
ADDITIONAL ALTERNATIVE CURRENCIES.
(A)
THE BORROWER MAY FROM TIME TO TIME REQUEST THAT EUROCURRENCY RATE
LOANS