contemplated by the Borrower
to be effected in connection therewith.
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"Tyson Limited Partnership" means that certain Delaware limited partnership of
the same name of which Mr. Don Tyson is the Managing General Partner.
SECTION 1.02.
COMPUTATION OF TIME PERIODS.
IN THIS AGREEMENT, IN THE
COMPUTATION OF PERIODS OF TIME FROM A SPECIFIED DATE TO A LATER SPECIFIED DATE,
THE WORD "FROM" MEANS "FROM AND INCLUDING" AND THE WORDS "TO" AND "UNTIL" EACH
MEANS "TO BUT EXCLUDING".
SECTION 1.03.
ACCOUNTING MATTERS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED
HEREIN, ALL TERMS OF AN ACCOUNTING OR FINANCIAL NATURE SHALL BE CONSTRUED IN
ACCORDANCE WITH GAAP, AS IN EFFECT FROM TIME TO TIME; PROVIDED THAT, IF THE
BORROWER NOTIFIES THE ADMINISTRATIVE AGENT THAT THE BORROWER REQUESTS AN
AMENDMENT TO ANY PROVISION HEREOF TO ELIMINATE THE EFFECT OF ANY CHANGE
OCCURRING AFTER THE DATE HEREOF IN GAAP OR IN THE APPLICATION THEREOF ON THE
OPERATION OF SUCH PROVISION (OR IF THE ADMINISTRATIVE AGENT NOTIFIES THE
BORROWER THAT THE MAJORITY LENDERS REQUEST AN AMENDMENT TO ANY PROVISION HEREOF
FOR SUCH PURPOSE), REGARDLESS OF WHETHER ANY SUCH NOTICE IS GIVEN BEFORE OR
AFTER SUCH CHANGE IN GAAP OR IN THE APPLICATION THEREOF, THEN SUCH PROVISION
SHALL BE INTERPRETED ON THE BASIS OF GAAP AS IN EFFECT AND APPLIED IMMEDIATELY
BEFORE SUCH CHANGE SHALL HAVE BECOME EFFECTIVE UNTIL SUCH NOTICE SHALL HAVE BEEN
WITHDRAWN OR SUCH PROVISION AMENDED IN ACCORDANCE HEREWITH.
SECTION 1.04.
CERTAIN TERMS.
THE WORDS "HEREIN," "HEREOF" AND "HEREUNDER" AND
OTHER WORDS OF SIMILAR IMPORT REFER TO THIS AGREEMENT AS A WHOLE, INCLUDING THE
EXHIBITS AND SCHEDULES HERETO, AS THE SAME MAY FROM TIME TO TIME BE AMENDED,
SUPPLEMENTED, AMENDED AND RESTATED OR OTHERWISE MODIFIED AND NOT TO ANY
PARTICULAR ARTICLE, SECTION, PARAGRAPH OR CLAUSE IN THIS AGREEMENT.
THE WORD
"INCLUDES" AND "INCLUDING" WHEN USED HEREIN IS NOT INTENDED TO BE EXCLUSIVE AND
MEANS "INCLUDES, WITHOUT LIMITATION" AND "INCLUDING, WITHOUT LIMITATION."
REFERENCES HEREIN TO AN ARTICLE, SECTION, PARAGRAPH OR CLAUSE SHALL REFER TO THE
APPROPRIATE ARTICLE, SECTION, PARAGRAPH OR CLAUSE IN THIS AGREEMENT.
UNLESS THE
CONTEXT REQUIRES OTHERWISE, 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,
SUPPLEMENTED OR OTHERWISE MODIFIED (SUBJECT TO ANY RESTRICTIONS ON SUCH
AMENDMENTS, SUPPLEMENTS OR MODIFICATIONS SET FORTH HEREIN).
ARTICLE II
AMOUNTS AND TERMS OF THE LOANS
SECTION 2.01.
AMOUNTS AND TERMS OF COMMITMENTS.
EACH LENDER SEVERALLY AGREES,
ON THE TERMS AND SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, TO MAKE
COMMITTED LOANS TO THE BORROWER (EACH SUCH LOAN, A "COMMITTED LOAN") FROM TIME
TO TIME ON ANY BUSINESS DAY DURING THE PERIOD FROM THE EFFECTIVE DATE TO THE
TERMINATION DATE, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED AT ANY TIME
OUTSTANDING SUCH LENDER'S COMMITMENT; PROVIDED, HOWEVER, THAT AFTER GIVING
EFFECT TO ANY BORROWING OF COMMITTED LOANS, (A) THE AGGREGATE PRINCIPAL AMOUNT
OF ALL OUTSTANDING COMMITTED
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Loans plus (b) the aggregate principal amount of all