SATISFIED ON A DAY OTHER THAN A
BUSINESS DAY, SUCH PERFORMANCE SHALL BE MADE OR SATISFIED ON THE NEXT SUCCEEDING
BUSINESS DAY.
IN THE COMPUTATION OF PERIODS OF TIME FROM A SPECIFIED DATE TO A
LATER SPECIFIED DATE, THE WORD "FROM" MEANS "FROM AND INCLUDING"; THE WORDS "TO"
AND "UNTIL" EACH MEAN "TO BUT EXCLUDING", AND THE WORD "THROUGH" MEANS "TO AND
INCLUDING." IF ANY PROVISION OF THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT REFERS
TO ANY ACTION TAKEN OR TO BE TAKEN BY ANY PERSON, OR WHICH SUCH PERSON IS
PROHIBITED FROM TAKING, SUCH PROVISION SHALL BE INTERPRETED TO ENCOMPASS ANY AND
ALL MEANS, DIRECT OR INDIRECT, OF TAKING, OR NOT TAKING, SUCH ACTION.
(E)
CONTRACTS.
UNLESS OTHERWISE EXPRESSLY PROVIDED HEREIN OR IN
ANY OTHER LOAN DOCUMENT, REFERENCES TO AGREEMENTS AND OTHER CONTRACTUAL
INSTRUMENTS, INCLUDING THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS, SHALL BE
DEEMED TO INCLUDE ALL SUBSEQUENT AMENDMENTS, THERETO, RESTATEMENTS AND
SUBSTITUTIONS THEREOF AND OTHER MODIFICATIONS AND SUPPLEMENTS THERETO WHICH ARE
IN EFFECT FROM TIME TO TIME, BUT ONLY TO THE EXTENT SUCH AMENDMENTS AND OTHER
MODIFICATIONS ARE NOT PROHIBITED BY THE TERMS OF ANY LOAN DOCUMENT.
(F)
LAWS.
REFERENCES TO ANY STATUTE OR REGULATION ARE TO BE
CONSTRUED AS INCLUDING ALL STATUTORY AND REGULATORY PROVISIONS RELATED THERETO
OR CONSOLIDATING, AMENDING, REPLACING, SUPPLEMENTING OR INTERPRETING THE STATUTE
OR REGULATION.
SECTION 11.3
ACCOUNTING TERMS AND PRINCIPLES.
ALL ACCOUNTING
DETERMINATIONS REQUIRED TO BE MADE PURSUANT HERETO SHALL, UNLESS EXPRESSLY
OTHERWISE PROVIDED HEREIN, BE MADE IN ACCORDANCE WITH GAAP.
NO CHANGE IN THE
ACCOUNTING PRINCIPLES USED IN THE PREPARATION OF ANY FINANCIAL STATEMENT
HEREAFTER ADOPTED BY THE BORROWER SHALL BE GIVEN EFFECT FOR PURPOSES OF
MEASURING COMPLIANCE WITH ANY PROVISION OF ARTICLE V OR VI UNLESS AGENT AND THE
REQUIRED LENDERS AGREE TO MODIFY SUCH PROVISIONS TO REFLECT SUCH CHANGES IN GAAP
AND, UNLESS SUCH PROVISIONS ARE MODIFIED, ALL FINANCIAL STATEMENTS, COMPLIANCE
CERTIFICATES AND SIMILAR DOCUMENTS PROVIDED HEREUNDER SHALL BE PROVIDED TOGETHER
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with a reconciliation between the calculations and amounts set forth therein
before and after giving effect to such change in GAAP.
Notwithstanding any
other provision contained herein, all terms of an accounting or financial nature
used herein shall be construed, and all computations of amounts and ratios
referred to in Article V and Article VI shall be made, without giving effect to
any election under Statement of Financial Accounting Standards 159 (or any other
Financial Accounting Standard having a similar result or effect) to value any
Indebtedness or other liabilities of Borrower or any Subsidiary of the Borrower
at "fair value."
A breach of a financial covenant contained in Article VI shall
be deemed to have occurred as of any date of determination by Agent or as of the
last day of any specified measurement period, regardless of when the financial
statements reflecting such breach are delivered to Agent.
SECTION 11.4
PAYMENTS. AGENT MAY SET UP STANDARDS AND PROCEDURES TO
DETERMINE OR REDETERMINE THE EQUIVALENT IN DOLLARS OF ANY AMOUNT EXPRESSED IN
ANY CURRENCY OTHER THAN DOLLARS