the making of such payment; by (ii) the then outstanding principal amount of
such Indebtedness.
"Welfare Plan" means a "welfare plan" as such term is defined in Section 3(1) of
ERISA.
35
"Wholly-Owned Subsidiary," "Wholly-Owned Consolidated Subsidiary" and
"Wholly-Owned Domestic Subsidiary" mean, with respect to any Person at any date,
any Subsidiary, Consolidated Subsidiary or Domestic Subsidiary, as applicable,
of such Person all of the shares of capital stock or other ownership interests
of which (except directors' qualifying shares) are at the time directly or
indirectly owned by such Person.
"WTC Business Interruption Insurance Policy" means the Duane Reade property
insurance policy number 144SP0390 issued by the St. Paul Fire and Marine
Insurance Company for the effective policy period October 1, 2000 to October 1,
2001.
"WTC Net Insurance Amount" means, for any period, the aggregate amount received
during such period by any Loan Party in connection with any litigation or claim
or any settlement thereof relating to the WC Business Interruption Insurance
Policy minus the aggregate amount then recorded as the Cardinal Reserve and the
NLRB Reserve.
SECTION 1.02
OTHER INTERPRETATIVE PROVISIONS.
WITH REFERENCE TO THIS AGREEMENT
AND EACH OTHER TERM LOAN DOCUMENT, UNLESS OTHERWISE SPECIFIED HEREIN OR IN SUCH
OTHER TERM LOAN DOCUMENT:
(A)
THE MEANINGS OF DEFINED TERMS ARE EQUALLY APPLICABLE TO THE
SINGULAR AND PLURAL FORMS OF THE DEFINED TERMS.
(B)
THE WORDS "HEREIN," "HERETO," "HEREOF" AND "HEREUNDER" AND WORDS
OF SIMILAR IMPORT WHEN USED IN ANY TERM LOAN DOCUMENT SHALL REFER TO SUCH TERM
LOAN DOCUMENT AS A WHOLE AND NOT TO ANY PARTICULAR PROVISION THEREOF.
ARTICLE,
SECTION, EXHIBIT AND SCHEDULE REFERENCES ARE TO THE TERM LOAN DOCUMENT IN WHICH
SUCH REFERENCE APPEARS.
THE TERM "INCLUDING" IS BY WAY OF EXAMPLE AND NOT
LIMITATION.
THE TERM "DOCUMENTS" INCLUDES ANY AND ALL INSTRUMENTS, DOCUMENTS,
AGREEMENTS, CERTIFICATES, NOTICES, REPORTS, FINANCIAL STATEMENTS AND OTHER
WRITINGS, HOWEVER EVIDENCED, WHETHER IN PHYSICAL OR ELECTRONIC FORM.
(C)
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".
(D)
SECTION HEADINGS HEREIN AND IN THE OTHER TERM LOAN DOCUMENTS ARE
INCLUDED FOR CONVENIENCE OF REFERENCE ONLY AND SHALL NOT AFFECT THE
INTERPRETATION OF THIS AGREEMENT OR ANY OTHER TERM LOAN DOCUMENT.
SECTION 1.03
ACCOUNTING TERMS AND DETERMINATIONS.
EXCEPT AS OTHERWISE
EXPRESSLY PROVIDED HEREIN, ALL ACCOUNTING TERMS USED HEREIN SHALL BE
INTERPRETED, AND ALL FINANCIAL STATEMENTS AND CERTIFICATES AND REPORTS AS TO
FINANCIAL MATTERS REQUIRED TO BE DELIVERED TO THE LENDERS HEREUNDER SHALL BE
PREPARED, IN ACCORDANCE WITH GAAP APPLIED ON A CONSISTENT BASIS.
ALL FINANCIAL
STATEMENTS DELIVERED TO THE LENDERS HEREUNDER SHALL BE ACCOMPANIED BY A
STATEMENT FROM THE COMPANY THAT GAAP HAS NOT CHANGED SINCE THE MOST RECENT
FINANCIAL STATEMENTS DELIVERED BY THE COMPANY TO THE LENDERS OR IF GAAP HAS
CHANGED DESCRIBING SUCH CHANGES IN DETAIL AND EXPLAINING HOW SUCH CHANGES AFFECT
THE FINANCIAL STATEMENTS.
ALL CALCULATIONS MADE