AND OTHER WORDS OF SIMILAR IMPORT REFER TO THIS AGREEMENT AS A WHOLE
AND NOT TO ANY PARTICULAR SECTION, PARAGRAPH OR SUBDIVISION. ALL REFERENCES
HEREIN TO ARTICLES, SECTIONS, EXHIBITS AND SCHEDULES SHALL BE CONSTRUED TO REFER
TO ARTICLES AND SECTIONS OF, AND EXHIBITS AND SCHEDULES TO, THIS AGREEMENT. ANY
PRONOUN USED SHALL BE DEEMED TO COVER ALL GENDERS. WHEREVER APPROPRIATE IN THE
CONTEXT, TERMS USED HEREIN IN THE SINGULAR ALSO INCLUDE THE PLURAL AND VICE
VERSA. ALL REFERENCES TO STATUTES AND RELATED REGULATIONS SHALL INCLUDE ANY
AMENDMENTS OF SAME AND ANY SUCCESSOR STATUTES AND REGULATIONS. UNLESS OTHERWISE
PROVIDED, ALL REFERENCES TO ANY INSTRUMENTS OR AGREEMENTS TO WHICH BRASCAN IS A
PARTY, INCLUDING REFERENCES TO ANY OF THE OTHER DOCUMENTS, SHALL INCLUDE ANY AND
ALL MODIFICATIONS OR AMENDMENTS THERETO AND ANY AND ALL EXTENSIONS OR RENEWALS
THEREOF TO THE EXTENT SUCH MODIFICATIONS, AMENDMENTS, EXTENSIONS OR RENEWALS ARE
PERMITTED BY THE TERMS HEREOF. ALL REFERENCES HEREIN TO THE TIME OF DAY SHALL
MEAN THE TIME IN NEW YORK, NEW YORK. WHENEVER THE WORDS "INCLUDING" OR "INCLUDE"
SHALL BE USED, SUCH WORDS SHALL BE UNDERSTOOD TO MEAN "INCLUDING, WITHOUT
LIMITATION" OR "INCLUDE, WITHOUT LIMITATION". A DEFAULT OR EVENT OF DEFAULT
SHALL BE DEEMED TO EXIST AT ALL TIMES DURING THE PERIOD COMMENCING ON THE DATE
THAT SUCH DEFAULT OR EVENT OF DEFAULT OCCURS TO THE DATE ON WHICH SUCH DEFAULT
OR EVENT OF DEFAULT IS WAIVED IN WRITING PURSUANT TO THIS AGREEMENT OR, IS CURED
WITHIN ANY PERIOD OF CURE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT; AND AN EVENT
OF DEFAULT SHALL "CONTINUE" OR BE "CONTINUING" UNTIL SUCH EVENT OF DEFAULT HAS
BEEN WAIVED IN WRITING BY BRASCAN. ANY AGREEMENT ENTERED INTO BY BRASCAN
PURSUANT TO THIS AGREEMENT OR ANY OF THE OTHER DOCUMENTS, ANY PAYMENT MADE BY OR
TO OR FUNDS RECEIVED BY BRASCAN PURSUANT TO OR AS CONTEMPLATED BY THIS AGREEMENT
OR ANY OF THE OTHER DOCUMENTS, OR ANY ACT TAKEN OR OMITTED TO BE TAKEN BY
BRASCAN, SHALL, UNLESS OTHERWISE EXPRESSLY PROVIDED, BE ENTERED INTO, MADE OR
RECEIVED, OR TAKEN OR OMITTED, FOR THE BENEFIT OR ACCOUNT OF BRASCAN. ALL
COVENANTS HEREUNDER SHALL BE GIVEN INDEPENDENT EFFECT SO THAT IF A PARTICULAR
ACTION OR CONDITION IS NOT PERMITTED BY ANY OF SUCH COVENANTS, THE FACT THAT IT
WOULD BE PERMITTED BY AN EXCEPTION TO, OR OTHERWISE WITHIN THE LIMITATIONS OF,
ANOTHER COVENANT SHALL NOT AVOID THE OCCURRENCE OF A DEFAULT IF SUCH ACTION IS
TAKEN OR CONDITION EXISTS. IN ADDITION, ALL REPRESENTATIONS AND WARRANTIES
HEREUNDER SHALL BE GIVEN INDEPENDENT EFFECT SO THAT IF A PARTICULAR
REPRESENTATION OR WARRANTY PROVES TO BE INCORRECT OR IS BREACHED, THE FACT THAT
ANOTHER REPRESENTATION OR WARRANTY CONCERNING THE SAME OR SIMILAR SUBJECT MATTER
IS CORRECT OR IS NOT BREACHED SHALL NOT AFFECT THE INCORRECTNESS OF A BREACH OF
A REPRESENTATION OR WARRANTY HEREUNDER.
II.
ADVANCES, PAYMENTS.
2.1
AMOUNT OF ADVANCES. SUBJECT TO THE TERMS AND CONDITIONS SET FORTH
IN THIS AGREEMENT, BRASCAN SHALL MAKE ADVANCES OF EURODOLLAR RATE LOANS TO
BORROWER, UPON THE REQUEST