DAYS FOR WHICH DUE.
IF THE DUE DATE FOR ANY PAYMENT OF PRINCIPAL IS
EXTENDED BY OPERATION OF LAW, INTEREST SHALL BE PAYABLE FOR SUCH EXTENDED TIME.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, IF ANY PAYMENT
REQUIRED BY THIS AGREEMENT BECOMES DUE ON A DAY ON WHICH BANKS IN BOSTON,
MASSACHUSETTS ARE REQUIRED OR PERMITTED BY LAW OR AN APPROPRIATE AUTHORITY TO
REMAIN CLOSED, SUCH PAYMENT MAY BE MADE ON THE NEXT
69
SUCCEEDING DAY ON WHICH SUCH BANKS ARE OPEN, AND SUCH EXTENSION SHALL BE
INCLUDED IN COMPUTING INTEREST IN CONNECTION WITH SUCH PAYMENT.
10.12
ENTIRE AGREEMENT.
THIS AGREEMENT (INCLUDING THE EXHIBITS HERETO)
AND THE OTHER LOAN DOCUMENTS SET FORTH THE ENTIRE AGREEMENT AND UNDERSTANDING OF
THE PARTIES HERETO IN RESPECT OF THE SUBJECT MATTER CONTAINED HEREIN, AND
SUPERSEDES ALL PRIOR AGREEMENTS, PROMISES, COVENANTS, ARRANGEMENTS,
COMMUNICATIONS, REPRESENTATIONS, WARRANTIES, WHETHER ORAL OR WRITTEN, BY ANY
OFFICER, EMPLOYEE OR REPRESENTATIVE OF ANY PARTY HERETO.
10.13
CAPTIONS.
THE CAPTIONS FOR THE SECTIONS OF THIS AGREEMENT ARE FOR
EASE OF REFERENCE ONLY AND ARE NOT AN INTEGRAL PART OF THIS AGREEMENT.
10.14
COUNTERPARTS.
THIS AGREEMENT MAY BE SIGNED IN ANY NUMBER OF
COUNTERPARTS WITH THE SAME EFFECT AS IF THE SIGNATURES HERETO AND THERETO WERE
UPON THE SAME INSTRUMENT.
10.15
SEVERABILITY.
THE PROVISIONS OF THIS AGREEMENT ARE SEVERABLE, AND
IF ANY OF THESE PROVISIONS SHALL BE HELD BY ANY COURT OF COMPETENT JURISDICTION
TO BE UNENFORCEABLE, SUCH HOLDINGS SHALL NOT AFFECT OR IMPAIR ANY OTHER
PROVISION HEREOF.
10.16
JUDGMENT CURRENCY.
IF FOR THE PURPOSES OF OBTAINING A JUDGMENT IN
ANY COURT OR OBTAINING AN ORDER ENFORCING A JUDGMENT IT IS NECESSARY TO CONVERT
ANY AMOUNT DUE FROM THE BORROWERS HEREUNDER OR UNDER THE NOTES, UNDER THE SWING
LINE NOTE OR UNDER ANY LETTER OF CREDIT IN THE CURRENCY EXPRESSED TO BE PAYABLE
HEREIN OR UNDER THE NOTES (THE "SPECIFIED CURRENCY") INTO ANOTHER CURRENCY, THEN
THE CONVERSION SHALL BE MADE AT THE AGENT'S SPOT RATE OF EXCHANGE FOR BUYING THE
SPECIFIED CURRENCY WITH SUCH OTHER CURRENCY, IN ACCORDANCE WITH NORMAL BANKING
PROCEDURES, PREVAILING AT THE AGENT'S CLOSE OF BUSINESS ON THE BUSINESS DAY NEXT
PRECEDING THE DAY ON WHICH THE JUDGMENT IS GIVEN OR THE ORDER IS MADE.
IN THE
EVENT THAT THERE IS A DIFFERENCE BETWEEN THE RATE OF EXCHANGE ON THE BASIS OF
WHICH THE AMOUNT OF SUCH JUDGMENT OR ORDER IS DETERMINED AND THE RATE OF
EXCHANGE PREVAILING ON THE DATE OF PAYMENT, THE BORROWERS SHALL PAY SUCH
ADDITIONAL AMOUNT AS MAY BE NECESSARY TO ENSURE THAT THE AMOUNT PAID IS THE
AMOUNT OF SUCH OTHER CURRENCY WHICH PERMITS THE AGENT TO PURCHASE THE AMOUNT OF
THE SPECIFIED CURRENCY DUE WHEN SUCH JUDGMENT OR ORDER IS ISSUED AT THE AGENT'S
SPOT RATE OF EXCHANGE FOR BUYING THE SPECIFIED CURRENCY WITH SUCH OTHER
CURRENCY, IN ACCORDANCE WITH NORMAL BANKING PROCEDURES, PREVAILING AT THE
AGENT'S OPENING OF BUSINESS ON THE DATE OF PAYMENT.
10.17
WAIVER OF JURY TRIAL.
THE BORROWERS HEREBY IRREVOCABLY WAIVE TRIAL
BY JURY IN ANY JURISDICTION AND