on
the same day).
"Transferee":
as defined in subsection 11.15.
"Type":
as to any Loan, its nature as an ABR Loan or a Eurodollar Loan.
"Withdrawal Liability":
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.
1.2.
Other Definitional Provisions.
(A)
UNLESS OTHERWISE SPECIFIED THEREIN, ALL TERMS DEFINED IN THIS
AGREEMENT SHALL HAVE THE DEFINED MEANINGS WHEN USED IN THE NOTES, THE OTHER LOAN
DOCUMENTS OR ANY CERTIFICATE OR OTHER DOCUMENT MADE OR DELIVERED PURSUANT
HERETO.
(B)
AS USED HEREIN AND IN THE NOTES AND ANY OTHER LOAN DOCUMENT, AND
ANY CERTIFICATE OR OTHER DOCUMENT MADE OR DELIVERED PURSUANT HERETO OR THERETO,
ACCOUNTING TERMS RELATING TO THE BORROWER AND ITS SUBSIDIARIES NOT DEFINED IN
SUBSECTION 1.1 AND ACCOUNTING TERMS PARTLY DEFINED IN SUBSECTION 1.1, TO THE
EXTENT NOT DEFINED, SHALL HAVE THE RESPECTIVE MEANINGS GIVEN TO THEM UNDER GAAP;
PROVIDED THAT, IF THE BORROWER NOTIFIES THE ADMINISTRATIVE AGENT THAT THE
BORROWER REQUESTS AN AMENDMENT TO ANY PROVISION HEREOF TO ELIMINATE THE EFFECT
OF ANY CHANGE OCCURRING AFTER THE DATE HEREOF IN GAAP OR IN THE APPLICATION
THEREOF ON THE OPERATION OF
22
SUCH PROVISION (OR IF THE ADMINISTRATIVE AGENT NOTIFIES THE BORROWER THAT THE
MAJORITY LENDERS REQUEST AN AMENDMENT TO ANY PROVISION HEREOF FOR SUCH PURPOSE),
REGARDLESS OF WHETHER ANY SUCH NOTICE IS GIVEN BEFORE OR AFTER SUCH CHANGE IN
GAAP OR IN THE APPLICATION THEREOF, THEN SUCH PROVISION SHALL BE INTERPRETED ON
THE BASIS OF GAAP AS IN EFFECT AND APPLIED IMMEDIATELY BEFORE SUCH CHANGE SHALL
HAVE BECOME EFFECTIVE UNTIL SUCH NOTICE SHALL HAVE BEEN WITHDRAWN OR SUCH
PROVISION AMENDED IN ACCORDANCE HEREWITH.
(C)
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 SECTION, SUBSECTION,
SCHEDULE AND EXHIBIT REFERENCES ARE TO THIS AGREEMENT UNLESS OTHERWISE
SPECIFIED.
(D)
THE MEANINGS GIVEN TO TERMS DEFINED HEREIN SHALL BE EQUALLY
APPLICABLE TO BOTH THE SINGULAR AND PLURAL FORMS OF SUCH TERMS.
SECTION 2.
AMOUNT AND TERMS OF COMMITMENTS
2.1.
Revolving Commitments.
(A)
SUBJECT TO THE TERMS AND CONDITIONS HEREOF, EACH REVOLVING LENDER
SEVERALLY AGREES TO MAKE REVOLVING CREDIT LOANS (EACH, A "REVOLVING CREDIT
LOAN") IN U.S. DOLLARS TO THE BORROWER FROM TIME TO TIME DURING THE REVOLVING
CREDIT COMMITMENT PERIOD SO LONG AS AFTER GIVING EFFECT THERETO (I) THE
AVAILABLE REVOLVING CREDIT COMMITMENT OF EACH LENDER WITH A REVOLVING CREDIT
COMMITMENT IS GREATER THAN OR EQUAL TO ZERO AND (II) THE AGGREGATE REVOLVING
CREDIT OUTSTANDING OF ALL LENDERS DOES NOT EXCEED THE AGGREGATE REVOLVING CREDIT
COMMITMENTS.
DURING THE REVOLVING CREDIT COMMITMENT PERIOD THE BORROWER MAY USE
THE REVOLVING CREDIT COMMITMENTS BY BORROWING, PREPAYING THE REVOLVING CREDIT
LOANS IN WHOLE OR IN PART, AND REBORROWING, ALL IN ACCORDANCE WITH THE TERMS AND
CONDITIONS HEREOF.
(B)
THE REVOLVING CREDIT LOANS MAY FROM TIME