SHALL HAVE THE SAME MEANINGS WHEN USED IN EACH OTHER FINANCING DOCUMENT AND EACH
OTHER NOTICE OR OTHER COMMUNICATION DELIVERED FROM TIME TO TIME IN CONNECTION
WITH ANY FINANCING DOCUMENT.
(B)
UNLESS THE CONTEXT REQUIRES OTHERWISE, ANY REFERENCE IN THIS AGREEMENT TO
ANY TRANSACTION DOCUMENT SHALL MEAN SUCH TRANSACTION DOCUMENT AND ALL SCHEDULES,
EXHIBITS AND ATTACHMENTS THERETO.
(C)
ALL AGREEMENTS, CONTRACTS OR DOCUMENTS DEFINED OR REFERRED TO HEREIN SHALL
MEAN SUCH AGREEMENTS, CONTRACTS OR DOCUMENTS AS THE SAME MAY FROM TIME TO TIME
BE SUPPLEMENTED, AMENDED OR REPLACED OR THE TERMS THEREOF WAIVED OR MODIFIED TO
THE EXTENT PERMITTED BY, AND IN ACCORDANCE WITH, THE TERMS THEREOF AND THIS
AGREEMENT, AND SHALL DISREGARD ANY SUPPLEMENT, AMENDMENT, REPLACEMENT, WAIVER OR
MODIFICATION MADE IN VIOLATION OF THIS AGREEMENT.
(D)
ANY REFERENCE IN ANY FINANCING DOCUMENT RELATING TO A DEFAULT OR AN EVENT
OF DEFAULT THAT HAS OCCURRED AND IS CONTINUING (OR WORDS OF SIMILAR EFFECT)
SHALL BE UNDERSTOOD TO MEAN THAT SUCH DEFAULT OR EVENT OF DEFAULT, AS THE CASE
MAY BE, HAS NOT BEEN CURED OR REMEDIED TO THE SATISFACTION OF, OR HAS NOT BEEN
WAIVED BY, THE REQUIRED LENDERS.
(E)
THE TERM "KNOWLEDGE" IN RELATION TO THE BORROWER, AND ANY OTHER SIMILAR
EXPRESSION, SHALL MEAN KNOWLEDGE OF THE BORROWER AFTER DUE INQUIRY.
(F)
DEFINED TERMS IN THIS AGREEMENT SHALL INCLUDE IN THE SINGULAR NUMBER THE
PLURAL AND IN THE PLURAL NUMBER THE SINGULAR.
(G)
THE WORDS "HEREIN," "HEREOF" AND "HEREUNDER" AND WORDS OF SIMILAR IMPORT
WHEN USED IN THIS AGREEMENT SHALL, UNLESS OTHERWISE EXPRESSLY SPECIFIED, REFER
TO THIS AGREEMENT AS A WHOLE AND NOT TO ANY PARTICULAR PROVISION OF THIS
AGREEMENT AND ALL REFERENCES TO ARTICLES, SECTIONS, EXHIBITS AND SCHEDULES SHALL
BE REFERENCES TO ARTICLES, SECTIONS, EXHIBITS AND SCHEDULES OF THIS AGREEMENT,
UNLESS OTHERWISE SPECIFIED.
(H)
THE WORDS "INCLUDE," "INCLUDES" AND "INCLUDING" ARE NOT LIMITING.
(I)
THE WORD "OR" IS NOT EXCLUSIVE.
(J)
ANY REFERENCE TO ANY PERSON SHALL INCLUDE ITS PERMITTED SUCCESSORS AND
PERMITTED ASSIGNS IN THE CAPACITY INDICATED, AND IN THE CASE OF ANY GOVERNMENTAL
AUTHORITY, ANY PERSON SUCCEEDING TO ITS FUNCTIONS AND CAPACITIES.
2
SECTION 1.03
UCC TERMS. UNLESS OTHERWISE DEFINED HEREIN, TERMS USED HEREIN
THAT ARE DEFINED IN THE UCC SHALL HAVE THE RESPECTIVE MEANINGS GIVEN TO THOSE
TERMS IN THE UCC.
SECTION 1.04
ACCOUNTING AND FINANCIAL DETERMINATIONS. UNLESS OTHERWISE
SPECIFIED, ALL ACCOUNTING TERMS USED IN ANY FINANCING DOCUMENT SHALL BE
INTERPRETED, ALL ACCOUNTING DETERMINATIONS AND COMPUTATIONS HEREUNDER OR
THEREUNDER SHALL BE MADE, AND ALL FINANCIAL STATEMENTS REQUIRED TO BE DELIVERED
HEREUNDER OR THEREUNDER SHALL BE PREPARED, IN ACCORDANCE WITH GAAP.
ARTICLE II
COMMITMENTS AND FUNDING
On the terms, subject to the conditions and relying upon the representations and
warranties herein set forth:
SECTION 2.01
CONSTRUCTION LOANS.
(A)
EACH CONSTRUCTION/TERM LENDER AGREES, SEVERALLY AND NOT JOINTLY, ON THE
TERMS AND CONDITIONS OF THIS AGREEMENT, TO MAKE LOANS (EACH SUCH LOAN, A
"CONSTRUCTION LOAN") TO THE BORROWER FOR PROJECT COSTS AND FOR THE PURPOSES SET
FORTH IN SECTION 4.01(B)(II) OF THE ACCOUNTS AGREEMENT, FROM TIME