Liabilities.
1.2
CONSTRUCTION
(A)
UNLESS A CONTRARY INDICATION APPEARS, ANY
REFERENCE IN THIS AGREEMENT TO:
(I)
THE "COFACE AGENT", ANY "FINANCE PARTY",
ANY "LENDER", ANY "MANDATED LEAD ARRANGER", AN "OBLIGOR", ANY "PARTY" OR THE
"SECURITY AGENT" SHALL BE CONSTRUED SO AS TO INCLUDE ITS SUCCESSORS IN TITLE,
PERMITTED ASSIGNS AND PERMITTED TRANSFEREES;
(II)
"ASSETS" INCLUDES PRESENT AND FUTURE
PROPERTIES, REVENUES AND RIGHTS OF EVERY DESCRIPTION;
(III)
"DETERMINES" OR "DETERMINED" MEANS A
DETERMINATION MADE IN THE ABSOLUTE DISCRETION OF THE PERSON MAKING THE
DETERMINATION;
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(IV)
THE "EQUIVALENT" ON ANY GIVEN DATE IN ONE
CURRENCY (THE "FIRST CURRENCY") OF AN AMOUNT DENOMINATED IN ANOTHER CURRENCY
(THE "SECOND CURRENCY") IS A REFERENCE TO THE AMOUNT OF THE FIRST CURRENCY WHICH
COULD BE PURCHASED WITH THE SECOND CURRENCY AT THE SPOT RATE OF EXCHANGE FOR THE
PURCHASE OF THE FIRST CURRENCY WITH THE SECOND CURRENCY;
(V)
A "FINANCE DOCUMENT" OR ANY OTHER AGREEMENT
OR INSTRUMENT IS A REFERENCE TO THAT FINANCE DOCUMENT OR OTHER AGREEMENT OR
INSTRUMENT AS AMENDED, NOVATED, SUPPLEMENTED, EXTENDED OR RESTATED;
(VI)
"GUARANTEE" MEANS ANY GUARANTEE, LETTER OF
CREDIT, BOND, INDEMNITY OR SIMILAR ASSURANCE AGAINST LOSS, OR ANY OBLIGATION,
DIRECT OR INDIRECT, ACTUAL OR CONTINGENT, TO PURCHASE OR ASSUME ANY INDEBTEDNESS
OF ANY PERSON OR TO MAKE AN INVESTMENT IN OR LOAN TO ANY PERSON OR TO PURCHASE
ASSETS OF ANY PERSON WHERE, IN EACH CASE, SUCH OBLIGATION IS ASSUMED IN ORDER TO
MAINTAIN OR ASSIST THE ABILITY OF SUCH PERSON TO MEET ITS INDEBTEDNESS;
(VII)
"INCLUDE" OR "INCLUDING" ARE TO BE CONSTRUED
WITHOUT LIMITATION;
(VIII)
"INDEBTEDNESS" INCLUDES ANY OBLIGATION (WHETHER
INCURRED AS PRINCIPAL OR AS SURETY) FOR THE PAYMENT OR REPAYMENT OF MONEY,
WHETHER PRESENT OR FUTURE, ACTUAL OR CONTINGENT;
(IX)
A "PERSON" INCLUDES ANY INDIVIDUAL, FIRM,
COMPANY, CORPORATION, GOVERNMENT, STATE OR AGENCY OF A STATE OR ANY ASSOCIATION,
TRUST, JOINT VENTURE, CONSORTIUM OR PARTNERSHIP (WHETHER OR NOT HAVING SEPARATE
LEGAL PERSONALITY);
(X)
A "REGULATION" INCLUDES ANY REGULATION,
RULE, OFFICIAL DIRECTIVE, REQUEST OR GUIDELINE (WHETHER OR NOT HAVING THE FORCE
OF LAW) OF ANY GOVERNMENTAL, INTERGOVERNMENTAL OR SUPRANATIONAL BODY, AGENCY,
DEPARTMENT OR REGULATORY, SELF-REGULATORY OR OTHER AUTHORITY OR ORGANISATION;
(XI)
A PROVISION OF LAW IS A REFERENCE TO THAT
PROVISION AS AMENDED OR RE-ENACTED; AND
(XII)
A TIME OF DAY IS A REFERENCE TO PARIS TIME.
(B)
SECTION, CLAUSE AND SCHEDULE HEADINGS ARE
FOR EASE OF REFERENCE ONLY.
(C)
UNLESS A CONTRARY INDICATION APPEARS, A
TERM USED IN ANY OTHER FINANCE DOCUMENT OR IN ANY NOTICE GIVEN UNDER OR IN
CONNECTION WITH ANY FINANCE DOCUMENT HAS THE SAME MEANING IN THAT FINANCE
DOCUMENT OR NOTICE AS IN THIS AGREEMENT.
(D)
A DEFAULT (OTHER THAN AN EVENT OF DEFAULT)
IS "CONTINUING" IF IT HAS NOT BEEN REMEDIED OR WAIVED AND AN EVENT OF DEFAULT IS
"CONTINUING" IF IT HAS NOT BEEN WAIVED.
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1.3
ACCOUNTING TERMS
All accounting terms not specifically or completely defined in this Agreement
shall be construed in conformity with, and all financial data (including
financial ratios and other financial calculations) required to be submitted