OR (Y) IF
NOT REVERSED OR REMEDIED, COULD REASONABLY BE EXPECTED TO LEAD TO ITS BECOMING A
MATERIAL ADVERSE EFFECT.
(D)
CROSS REFERENCES TO SECTIONS IN THIS AGREEMENT BEGIN WITH THE ARTICLE IN
WHICH THAT SECTION APPEARS AND THEN THE SECTION TO WHICH REFERENCE IS MADE. (FOR
EXAMPLE, A REFERENCE TO "SECTION 5.6" IS TO SUBSECTION 6, WHICH APPEARS IN
ARTICLE V OF THIS AGREEMENT).
(E)
TITLES, HEADINGS (INDICATED BY BEING UNDERLINED OR SHOWN IN SMALL
CAPITALS) AND ANY TABLE OF CONTENTS ARE SOLELY FOR CONVENIENCE OF REFERENCE; DO
NOT CONSTITUTE A PART OF THE INSTRUMENT IN WHICH INCLUDED; AND DO NOT AFFECT
SUCH INSTRUMENT'S MEANING, CONSTRUCTION, OR EFFECT.
(F)
THE WORDS "INCLUDES" AND "INCLUDING" ARE NOT LIMITING.
(G)
TEXT WHICH FOLLOWS THE WORDS "INCLUDING, WITHOUT LIMITATION" (OR SIMILAR
WORDS) IS ILLUSTRATIVE AND NOT LIMITING.
(H)
EXCEPT WHERE THE CONTEXT OTHERWISE REQUIRES OR WHERE THE RELEVANT
SUBSECTIONS ARE JOINED BY "OR", COMPLIANCE WITH ANY SECTION OR PROVISION OF ANY
LOAN DOCUMENT WHICH CONSTITUTES A WARRANTY OR COVENANT REQUIRES COMPLIANCE WITH
ALL SUBSECTIONS (IF ANY) OF THAT SECTION OR PROVISION.
EXCEPT WHERE THE CONTEXT
OTHERWISE REQUIRES, COMPLIANCE WITH ANY WARRANTY OR COVENANT OF ANY LOAN
DOCUMENT WHICH INCLUDES SUBSECTIONS WHICH ARE JOINED BY "OR" MAY BE ACCOMPLISHED
BY COMPLIANCE WITH ANY OF SUCH SUBSECTIONS.
(I)
TEXT WHICH IS SHOWN IN ITALICS, SHOWN IN BOLD, SHOWN IN ALL CAPITAL
LETTERS, OR IN ANY COMBINATION OF THE FOREGOING, SHALL BE DEEMED TO BE
CONSPICUOUS.
(J)
THE WORDS "MAY NOT" ARE PROHIBITIVE AND NOT PERMISSIVE.
98
(K)
THE WORD "OR" IS NOT EXCLUSIVE.
(L)
ANY REFERENCE TO A PERSON'S "KNOWLEDGE" (OR WORDS OF SIMILAR IMPORT) ARE
TO SUCH PERSON'S KNOWLEDGE ASSUMING THAT SUCH PERSON HAS UNDERTAKEN REASONABLE
AND DILIGENT INVESTIGATION WITH RESPECT TO THE SUBJECT OF SUCH "KNOWLEDGE"
(WHETHER OR NOT SUCH INVESTIGATION HAS ACTUALLY BEEN UNDERTAKEN).
(M)
TERMS WHICH ARE DEFINED IN ONE SECTION OF ANY LOAN DOCUMENT ARE USED WITH
SUCH DEFINITION THROUGHOUT THE INSTRUMENT IN WHICH SO DEFINED.
(N)
THE SYMBOL "$" REFERS TO UNITED STATES DOLLARS.
(O)
UNLESS LIMITED BY REFERENCE TO A PARTICULAR SECTION OR PROVISION, ANY
REFERENCE TO "HEREIN", "HEREOF", OR "WITHIN" IS TO THE ENTIRE LOAN DOCUMENT IN
WHICH SUCH REFERENCE IS MADE.
(P)
REFERENCES TO "THIS AGREEMENT" OR TO ANY OTHER LOAN DOCUMENT IS TO THE
SUBJECT INSTRUMENT AS AMENDED TO THE DATE ON WHICH APPLICATION OF SUCH REFERENCE
IS BEING MADE.
(Q)
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, ALL REFERENCES TO TIME ARE TO
BOSTON TIME.
(R)
IN THE DETERMINATION OF ANY NOTICE, GRACE, OR OTHER PERIOD OF TIME
PRESCRIBED OR ALLOWED HEREUNDER:
(I)
UNLESS OTHERWISE PROVIDED (I) THE DAY OF
THE ACT, EVENT, OR DEFAULT FROM WHICH THE DESIGNATED PERIOD OF TIME BEGINS TO
RUN SHALL NOT BE INCLUDED AND THE LAST DAY OF THE PERIOD SO COMPUTED SHALL BE
INCLUDED UNLESS SUCH LAST DAY IS NOT A BUSINESS DAY, IN WHICH EVENT THE LAST DAY
OF THE RELEVANT PERIOD SHALL BE THE THEN NEXT BUSINESS DAY AND (II) THE PERIOD
SO COMPUTED SHALL