DOCUMENT OR ANY
CERTIFICATE OR OTHER DOCUMENT MADE OR DELIVERED PURSUANT HERETO.
31
(B)
ALL REFERENCES HEREIN TO THE LENDERS OR ANY
OF THEM SHALL BE DEEMED TO INCLUDE THE ISSUING LENDER AND THE SWINGLINE LENDER
UNLESS SPECIFICALLY PROVIDED OTHERWISE OR UNLESS THE CONTEXT OTHERWISE REQUIRES.
(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.
(D)
THE MEANINGS GIVEN TO TERMS DEFINED HEREIN
SHALL BE EQUALLY APPLICABLE TO BOTH THE SINGULAR AND PLURAL FORM OF SUCH TERMS.
1.5
EXCHANGE RATES; CURRENCY EQUIVALENTS.
(A)
THE ADMINISTRATIVE AGENT SHALL DETERMINE
THE SPOT RATES AS OF EACH REVALUATION DATE TO BE USED FOR CALCULATING THE DOLLAR
AMOUNTS OF FOREIGN CURRENCY REVOLVING LOANS AND OTHER AMOUNTS OUTSTANDING UNDER
THIS AGREEMENT DENOMINATED IN FOREIGN CURRENCIES.
SUCH SPOT RATES SHALL BECOME
EFFECTIVE AS OF SUCH REVALUATION DATE AND SHALL BE THE SPOT RATES EMPLOYED IN
CONVERTING ANY AMOUNTS BETWEEN THE APPLICABLE CURRENCIES UNTIL THE NEXT
REVALUATION DATE TO OCCUR.
EXCEPT FOR PURPOSES OF FINANCIAL STATEMENTS
DELIVERED BY THE COMPANY HEREUNDER OR CALCULATING FINANCIAL COVENANTS IN
ARTICLE VII OR EXCEPT AS OTHERWISE PROVIDED HEREIN, THE APPLICABLE AMOUNT OF ANY
CURRENCY FOR PURPOSES OF THIS AGREEMENT AND THE OTHER CREDIT DOCUMENTS SHALL BE
SUCH DOLLAR AMOUNT AS SO DETERMINED BY THE ADMINISTRATIVE AGENT.
(B)
WHEREVER IN THIS AGREEMENT, IN CONNECTION
WITH ANY FOREIGN CURRENCY REVOLVING LOAN (OR LETTER OF CREDIT DENOMINATED IN A
FOREIGN CURRENCY) OR ANY CONVERSION, CONTINUATION OR PREPAYMENT THEREOF, AN
AMOUNT, SUCH AS A REQUIRED MINIMUM OR MULTIPLE AMOUNT, IS EXPRESSED IN DOLLARS,
SUCH AMOUNT SHALL BE THE RELEVANT FOREIGN CURRENCY EQUIVALENT OF SUCH DOLLAR
AMOUNT (ROUNDED AS NEARLY AS PRACTICABLE TO THE NEAREST NUMBER OF WHOLE UNITS OF
SUCH FOREIGN CURRENCY), AS DETERMINED BY THE ADMINISTRATIVE AGENT.
(C)
DETERMINATIONS BY THE ADMINISTRATIVE AGENT
PURSUANT TO THIS SECTION SHALL BE CONCLUSIVE ABSENT MANIFEST ERROR.
1.6
REDENOMINATION OF CERTAIN FOREIGN CURRENCIES
AND COMPUTATION OF DOLLAR AMOUNTS.
(A)
EACH OBLIGATION OF A BORROWER TO MAKE A
PAYMENT DENOMINATED IN THE NATIONAL CURRENCY UNIT OF ANY MEMBER STATE OF THE
EUROPEAN UNION THAT ADOPTS THE EURO AS ITS LAWFUL CURRENCY AFTER THE DATE HEREOF
SHALL BE REDENOMINATED INTO EUROS AT THE TIME OF SUCH ADOPTION (IN ACCORDANCE
WITH THE EMU LEGISLATION).
IF, IN RELATION TO THE CURRENCY OF ANY SUCH MEMBER
STATE, THE BASIS OF ACCRUAL OF INTEREST EXPRESSED IN THIS AGREEMENT IN RESPECT
OF THAT CURRENCY SHALL BE INCONSISTENT WITH ANY CONVENTION OR PRACTICE IN THE
LONDON INTERBANK MARKET FOR THE BASIS OF ACCRUAL OF INTEREST IN RESPECT OF THE
EURO, SUCH EXPRESSED BASIS SHALL BE REPLACED BY SUCH CONVENTION OR PRACTICE WITH
EFFECT FROM THE DATE ON WHICH SUCH MEMBER STATE ADOPTS THE EURO AS ITS LAWFUL
CURRENCY; PROVIDED THAT IF ANY FOREIGN CURRENCY REVOLVING LOAN IN THE CURRENCY
OF SUCH MEMBER STATE IS OUTSTANDING IMMEDIATELY PRIOR TO SUCH DATE, SUCH
REPLACEMENT SHALL TAKE EFFECT, WITH RESPECT TO SUCH FOREIGN