"Withholding Agent" has the meaning assigned to such term in Section 2.16(a).
SECTION 1.02.
CLASSIFICATION OF LOANS AND BORROWINGS.
FOR PURPOSES OF THIS
AGREEMENT, LOANS MAY BE CLASSIFIED AND REFERRED TO BY CLASS (E.G., A "REVOLVING
LOAN") OR BY TYPE (E.G., AN "ABR LOAN") OR BY CLASS AND TYPE (E.G., AN "ABR
REVOLVING LOAN").
BORROWINGS ALSO MAY BE CLASSIFIED AND REFERRED TO BY CLASS
(E.G., A "REVOLVING BORROWING") OR BY TYPE (E.G., AN "ABR BORROWING") OR BY
CLASS AND TYPE (E.G., AN "ABR REVOLVING BORROWING").
SECTION 1.03.
TERMS GENERALLY.
THE DEFINITIONS OF TERMS HEREIN SHALL APPLY
EQUALLY TO THE SINGULAR AND PLURAL FORMS OF THE TERMS DEFINED.
WHENEVER THE
CONTEXT MAY REQUIRE, ANY PRONOUN SHALL INCLUDE THE CORRESPONDING MASCULINE,
FEMININE AND NEUTER FORMS.
THE WORDS "INCLUDE", "INCLUDES" AND "INCLUDING"
SHALL BE DEEMED TO BE FOLLOWED BY THE PHRASE "WITHOUT LIMITATION".
THE WORD
"WILL" SHALL BE CONSTRUED TO HAVE THE SAME MEANING AND EFFECT AS THE WORD
"SHALL" AND THE WORD "PERMIT" SHALL BE CONSTRUED TO HAVE THE SAME MEANING AND
EFFECT AS THE WORD "SUFFER".
UNLESS THE CONTEXT REQUIRES OTHERWISE, (A) ANY
DEFINITION OF OR REFERENCE TO ANY AGREEMENT, INSTRUMENT OR OTHER DOCUMENT HEREIN
SHALL BE CONSTRUED AS REFERRING TO SUCH AGREEMENT, INSTRUMENT OR OTHER DOCUMENT
AS FROM TIME TO TIME AMENDED, AMENDED AND RESTATED, SUPPLEMENTED OR OTHERWISE
MODIFIED (SUBJECT TO ANY RESTRICTIONS ON SUCH AMENDMENTS, SUPPLEMENTS OR
MODIFICATIONS SET FORTH HEREIN), (B) ANY REFERENCE HEREIN TO ANY PERSON SHALL BE
CONSTRUED TO INCLUDE SUCH PERSON'S SUCCESSORS AND ASSIGNS (SUBJECT TO ANY
RESTRICTIONS ON ASSIGNMENT SET FORTH HEREIN), (C) THE WORDS "HEREIN", "HEREOF"
AND "HEREUNDER", AND WORDS OF SIMILAR IMPORT, SHALL BE CONSTRUED TO REFER TO
THIS AGREEMENT IN ITS ENTIRETY AND NOT TO ANY PARTICULAR PROVISION HEREOF, (D)
ALL REFERENCES HEREIN TO ARTICLES, SECTIONS, EXHIBITS AND SCHEDULES SHALL BE
CONSTRUED TO REFER TO ARTICLES AND SECTIONS OF, AND EXHIBITS AND SCHEDULES TO,
THIS AGREEMENT AND (E) THE WORDS "ASSET" AND "PROPERTY" SHALL BE CONSTRUED TO
HAVE THE SAME MEANING AND EFFECT AND TO REFER TO ANY AND ALL TANGIBLE AND
INTANGIBLE ASSETS AND PROPERTIES, INCLUDING CASH, SECURITIES, ACCOUNTS AND
CONTRACT RIGHTS.
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SECTION 1.04.
ACCOUNTING TERMS; GAAP.
UNLESS OTHERWISE SPECIFIED HEREIN,
ALL ACCOUNTING TERMS USED HEREIN SHALL BE INTERPRETED, ALL ACCOUNTING
DETERMINATIONS HEREUNDER SHALL BE MADE, AND ALL FINANCIAL STATEMENTS REQUIRED TO
BE DELIVERED HEREUNDER SHALL BE PREPARED IN ACCORDANCE WITH GAAP AS IN EFFECT
FROM TIME TO TIME; PROVIDED THAT, IF THE COMPANY NOTIFIES THE ADMINISTRATIVE
AGENT THAT THE COMPANY WISHES TO AMEND ANY PROVISION HEREOF TO ELIMINATE THE
EFFECT OF ANY CHANGE IN GAAP (OR IF THE ADMINISTRATIVE AGENT NOTIFIES THE
COMPANY THAT THE REQUIRED LENDERS WISH TO AMEND ANY PROVISION HEREOF FOR SUCH
PURPOSE), THEN SUCH PROVISION SHALL BE APPLIED ON THE BASIS OF GAAP IN EFFECT
IMMEDIATELY BEFORE THE RELEVANT CHANGE IN GAAP BECAME EFFECTIVE, UNTIL EITHER
SUCH NOTICE IS WITHDRAWN OR SUCH PROVISION IS AMENDED IN A MANNER SATISFACTORY
TO THE COMPANY AND THE REQUIRED LENDERS; PROVIDED, FURTHER, THAT ANY OBLIGATIONS
RELATING TO