unwaived.
(4)
UNLESS OTHERWISE EXPRESSLY PROVIDED HEREIN,
(I) REFERENCES TO AGREEMENTS (INCLUDING THIS AGREEMENT) AND OTHER CONTRACTUAL
INSTRUMENTS SHALL BE DEEMED TO INCLUDE ALL SUBSEQUENT MODIFICATIONS THERETO, BUT
ONLY TO THE EXTENT SUCH MODIFICATIONS ARE NOT PROHIBITED BY THE TERMS OF ANY
LOAN DOCUMENT, (II) REFERENCES TO ANY STATUTE OR REGULATION ARE TO BE CONSTRUED
AS INCLUDING ALL STATUTORY AND REGULATORY PROVISIONS CONSOLIDATING, AMENDING,
REPLACING, SUPPLEMENTING OR INTERPRETING THE STATUTE OR REGULATION, AND (III)
REFERENCES TO ANY PERSON INCLUDE ITS PERMITTED SUCCESSORS AND ASSIGNS.
(5)
THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS
MAY USE SEVERAL DIFFERENT LIMITATIONS, TESTS OR MEASUREMENTS TO REGULATE THE
SAME OR SIMILAR MATTERS.
ALL SUCH LIMITATIONS, TESTS AND MEASUREMENTS ARE
CUMULATIVE AND SHALL EACH BE PERFORMED IN ACCORDANCE WITH THEIR TERMS.
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