herein and made a part hereof.
"WFB" shall mean Wells Fargo Bank, National Association.
SECTION 1.02.
INTERPRETATION AND CONSTRUCTION.
IN THIS CREDIT
AGREEMENT, UNLESS THE CONTEXT OTHERWISE REQUIRES:
36
(A)
ARTICLES AND SECTIONS MENTIONED BY NUMBER ONLY ARE THE RESPECTIVE
ARTICLES AND SECTIONS OF THIS CREDIT AGREEMENT AS SO NUMBERED;
(B)
WORDS IMPORTING A PARTICULAR GENDER MEAN AND INCLUDE EVERY OTHER
GENDER, AND WORDS IMPORTING THE SINGULAR NUMBER MEAN AND INCLUDE THE PLURAL
NUMBER AND VICE VERSA;
(C)
ALL TIMES SPECIFIED HEREIN, UNLESS OTHERWISE SPECIFICALLY REFERRED,
SHALL BE THE TIME IN SAN FRANCISCO, CALIFORNIA;
(D)
ANY HEADINGS PRECEDING THE TEXTS OF THE SEVERAL ARTICLES AND SECTIONS
OF THIS CREDIT AGREEMENT, AND ANY TABLE OF CONTENTS OR MARGINAL NOTES APPENDED
TO COPIES HEREOF, SHALL BE SOLELY FOR CONVENIENCE OF REFERENCE AND SHALL NOT
CONSTITUTE A PART OF THIS CREDIT AGREEMENT, NOR SHALL THEY AFFECT ITS MEANING,
CONSTRUCTION OR EFFECT;
(E)
IF ANY CLAUSE, DEFINITION, PROVISION OR SECTION OF THIS CREDIT
AGREEMENT SHALL BE DETERMINED TO BE APPARENTLY CONTRARY TO OR CONFLICTING WITH
ANY OTHER CLAUSE, DEFINITION, PROVISION OR SECTION OF THIS CREDIT AGREEMENT THEN
THE CLAUSE, DEFINITION, PROVISION OR SECTION CONTAINING THE MORE SPECIFIC
PROVISIONS SHALL CONTROL AND GOVERN WITH RESPECT TO SUCH APPARENT CONFLICT.
THE
PARTIES HERETO DO AGREE THAT EACH HAS CONTRIBUTED TO THE DRAFTING OF THIS CREDIT
AGREEMENT AND ALL LOAN DOCUMENTS AND THAT THE PROVISIONS HEREIN CONTAINED SHALL
NOT BE CONSTRUED AGAINST EITHER BORROWER OR LENDERS AS HAVING BEEN THE PERSON OR
PERSONS RESPONSIBLE FOR THE PREPARATION THEREOF;
(F)
THE TERMS "HEREIN", "HEREUNDER", "HEREBY", "HERETO", "HEREOF" AND
ANY SIMILAR TERMS AS USED IN THE CREDIT AGREEMENT REFER TO THIS CREDIT
AGREEMENT; THE TERM "HERETOFORE" MEANS BEFORE THE DATE OF EXECUTION OF THIS
CREDIT AGREEMENT; AND THE TERM "HEREAFTER" MEANS AFTER THE DATE OF THE EXECUTION
OF THIS CREDIT AGREEMENT;
(G)
ALL ACCOUNTING TERMS USED HEREIN WHICH ARE NOT OTHERWISE SPECIFICALLY
DEFINED SHALL BE USED IN ACCORDANCE WITH GAAP;
(H)
IF ANY CLAUSE, PROVISION OR SECTION OF THIS CREDIT AGREEMENT SHALL BE
RULED INVALID OR UNENFORCEABLE BY ANY COURT OF COMPETENT JURISDICTION, SUCH
HOLDING SHALL NOT INVALIDATE OR RENDER UNENFORCEABLE ANY OF THE REMAINING
PROVISIONS HEREOF; AND
(I)
EACH REFERENCE TO THIS CREDIT AGREEMENT OR ANY OTHER LOAN DOCUMENT
OR ANY OF THEM, AS USED IN THIS CREDIT AGREEMENT OR IN ANY OTHER LOAN DOCUMENT,
SHALL BE DEEMED A REFERENCE TO THIS CREDIT AGREEMENT OR SUCH LOAN DOCUMENT, AS
APPLICABLE, AS THE SAME MAY BE AMENDED, MODIFIED, SUPPLEMENTED, REPLACED,
RENEWED OR RESTATED FROM TIME TO TIME.
37
SECTION 1.03.
USE OF DEFINED TERMS.
UNLESS OTHERWISE DEFINED OR THE
CONTEXT OTHERWISE REQUIRES, TERMS FOR WHICH MEANINGS ARE PROVIDED IN THIS CREDIT
AGREEMENT SHALL HAVE SUCH MEANINGS WHEN USED IN THE NOTES AND IN EACH LOAN
DOCUMENT AND OTHER COMMUNICATION DELIVERED FROM TIME TO TIME IN CONNECTION WITH
THIS CREDIT AGREEMENT OR ANY OTHER LOAN DOCUMENT.
SECTION 1.04.
CROSS-REFERENCES.
UNLESS OTHERWISE SPECIFIED, REFERENCES
IN THIS CREDIT AGREEMENT AND IN EACH OTHER LOAN DOCUMENT TO ANY ARTICLE OR
SECTION ARE REFERENCES