the management and business of such Subsidiary and derives
economic benefits of ownership of such Subsidiary to substantially the same
extent as if such Subsidiary were a Wholly-Owned Subsidiary.
SECTION 1.03.
TYPES OF LOANS AND BORROWINGS.
FOR
PURPOSES OF THIS AGREEMENT, LOANS AND BORROWINGS, RESPECTIVELY, MAY BE
CLASSIFIED AND REFERRED TO BY TYPE (E.G., A "EURODOLLAR LOAN" OR A "EURODOLLAR
BORROWING").
SECTION 1.04.
TERMS GENERALLY; RULES OF
CONSTRUCTION.
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".
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
21
AGREEMENT, INSTRUMENT OR OTHER DOCUMENT AS FROM TIME TO TIME AMENDED,
SUPPLEMENTED OR OTHERWISE MODIFIED (SUBJECT TO ANY RESTRICTIONS ON SUCH
AMENDMENTS, SUPPLEMENTS OR MODIFICATIONS SET FORTH IN THE LOAN DOCUMENTS),
(B) ANY REFERENCE HEREIN TO ANY LAW SHALL BE CONSTRUED AS REFERRING TO SUCH LAW
AS AMENDED, MODIFIED, CODIFIED OR REENACTED, IN WHOLE OR IN PART, AND IN EFFECT
FROM TIME TO TIME, (C) ANY REFERENCE HEREIN TO ANY PERSON SHALL BE CONSTRUED TO
INCLUDE SUCH PERSON'S SUCCESSORS AND ASSIGNS (SUBJECT TO THE RESTRICTIONS
CONTAINED IN THE LOAN DOCUMENTS), (D) 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, (E) EXCEPT
AS OTHERWISE SPECIFIED HEREIN, WITH RESPECT TO THE DETERMINATION OF ANY TIME
PERIOD, THE WORD "FROM" MEANS "FROM AND INCLUDING" AND THE WORD "TO" MEANS "TO
AND INCLUDING", (F) ANY REFERENCE HEREIN TO ARTICLES, SECTIONS, ANNEXES,
EXHIBITS AND SCHEDULES SHALL BE CONSTRUED TO REFER TO ARTICLES AND SECTIONS OF,
AND ANNEXES, EXHIBITS AND SCHEDULES TO, THIS AGREEMENT AND (G) 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.
NO PROVISION OF THIS AGREEMENT
OR ANY OTHER LOAN DOCUMENT SHALL BE INTERPRETED OR CONSTRUED AGAINST ANY PERSON
SOLELY BECAUSE SUCH PERSON OR ITS LEGAL REPRESENTATIVE DRAFTED SUCH PROVISION.
SECTION 1.05.
ACCOUNTING TERMS AND DETERMINATIONS;
GAAP.
UNLESS OTHERWISE SPECIFIED HEREIN, ALL ACCOUNTING TERMS USED HEREIN SHALL
BE INTERPRETED, ALL DETERMINATIONS WITH RESPECT TO ACCOUNTING MATTERS HEREUNDER
SHALL BE MADE, AND ALL FINANCIAL STATEMENTS AND CERTIFICATES AND REPORTS AS TO
FINANCIAL MATTERS REQUIRED TO BE FURNISHED TO THE ADMINISTRATIVE AGENT OR THE
LENDERS HEREUNDER SHALL BE PREPARED, IN ACCORDANCE WITH GAAP, APPLIED ON A BASIS
CONSISTENT WITH THE FINANCIAL STATEMENTS EXCEPT FOR CHANGES IN WHICH THE
BORROWER'S INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS CONCUR AND WHICH ARE
DISCLOSED TO ADMINISTRATIVE AGENT ON THE