OF ANY SECURED PARTY (OTHER THAN THE ADMINISTRATIVE AGENT AND ITS RELATED
PERSONS) UNDER ANY LOAN DOCUMENT, EACH OF WHICH AGREES TO PAY SEPARATELY FOR ANY
SHORTFALL REMAINING AFTER ANY CONVERSION AND PAYMENT OF THE AMOUNT AS
CONVERTED.
THE ADMINISTRATIVE AGENT MAY ROUND UP OR
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DOWN, AND MAY SET UP APPROPRIATE MECHANISMS TO ROUND UP OR DOWN, ANY AMOUNT
HEREUNDER TO NEAREST HIGHER OR LOWER AMOUNTS AND MAY DETERMINE REASONABLE DE
MINIMIS PAYMENT THRESHOLDS.
SECTION 1.5
INTERPRETATION.
(A) CERTAIN TERMS.
EXCEPT AS SET FORTH
IN ANY LOAN DOCUMENT, ALL ACCOUNTING TERMS NOT SPECIFICALLY DEFINED HEREIN SHALL
BE CONSTRUED IN ACCORDANCE WITH GAAP (EXCEPT FOR THE TERM "PROPERTY", WHICH
SHALL BE INTERPRETED AS BROADLY AS POSSIBLE, INCLUDING, IN ANY CASE, CASH,
SECURITIES, OTHER ASSETS, RIGHTS UNDER CONTRACTUAL OBLIGATIONS AND PERMITS AND
ANY RIGHT OR INTEREST IN ANY PROPERTY).
THE TERMS "HEREIN", "HEREOF" AND
SIMILAR TERMS REFER TO THIS AGREEMENT AS A WHOLE.
IN THE COMPUTATION OF PERIODS
OF TIME FROM A SPECIFIED DATE TO A LATER SPECIFIED DATE IN ANY LOAN DOCUMENT,
THE TERMS "FROM" MEANS "FROM AND INCLUDING" AND THE WORDS "TO" AND "UNTIL" EACH
MEAN "TO BUT EXCLUDING" AND THE WORD "THROUGH" MEANS "TO AND INCLUDING."
IN ANY
OTHER CASE, THE TERM "INCLUDING" WHEN USED IN ANY LOAN DOCUMENT MEANS "INCLUDING
WITHOUT LIMITATION."
THE TERM "DOCUMENTS" MEANS ALL WRITINGS, HOWEVER EVIDENCED
AND WHETHER IN PHYSICAL OR ELECTRONIC FORM, INCLUDING ALL DOCUMENTS,
INSTRUMENTS, AGREEMENTS, NOTICES, DEMANDS, CERTIFICATES, FORMS, FINANCIAL
STATEMENTS, OPINIONS AND REPORTS.
(B)
CERTAIN REFERENCES.
UNLESS OTHERWISE EXPRESSLY INDICATED,
REFERENCES (I) IN THIS AGREEMENT TO AN EXHIBIT, SCHEDULE, ARTICLE, SECTION OR
CLAUSE REFER TO THE APPROPRIATE EXHIBIT OR SCHEDULE TO, OR ARTICLE, SECTION OR
CLAUSE IN, THIS AGREEMENT AND (II) IN ANY LOAN DOCUMENT, TO (A) ANY AGREEMENT
SHALL INCLUDE, WITHOUT LIMITATION, ALL EXHIBITS, SCHEDULES, APPENDIXES AND
ANNEXES TO SUCH AGREEMENT AND ANY MODIFICATION TO ANY TERM OF SUCH AGREEMENT BUT
ONLY TO THE EXTENT SUCH MODIFICATIONS ARE NOT PROHIBITED BY THE TERMS OF ANY
LOAN DOCUMENT, (B) ANY STATUTE SHALL BE TO SUCH STATUTE AS MODIFIED FROM TIME TO
TIME AND TO ANY SUCCESSOR LEGISLATION THERETO, IN EACH CASE AS IN EFFECT AT THE
TIME ANY SUCH REFERENCE IS OPERATIVE AND (C) ANY TIME OF DAY SHALL BE A
REFERENCE TO NEW YORK TIME.
TITLES OF ARTICLES, SECTIONS, CLAUSES, EXHIBITS,
SCHEDULES AND ANNEXES CONTAINED IN ANY LOAN DOCUMENT ARE WITHOUT SUBSTANTIVE
MEANING OR CONTENT OF ANY KIND WHATSOEVER AND ARE NOT A PART OF THE AGREEMENT
BETWEEN THE PARTIES HERETO.
UNLESS OTHERWISE EXPRESSLY INDICATED, THE MEANING
OF ANY TERM DEFINED (INCLUDING BY REFERENCE) IN ANY LOAN DOCUMENT SHALL BE
EQUALLY APPLICABLE TO BOTH THE SINGULAR AND PLURAL FORMS OF SUCH TERM.
ARTICLE 2
THE FACILITIES
SECTION 2.1
THE COMMITMENTS.
(A) REVOLVING CREDIT COMMITMENTS.
ON
THE TERMS AND SUBJECT TO THE CONDITIONS CONTAINED IN THIS AGREEMENT, EACH
REVOLVING CREDIT LENDER SEVERALLY, BUT NOT JOINTLY, AGREES TO MAKE LOANS IN
DOLLARS (EACH A "REVOLVING LOAN") TO THE BORROWER FROM TIME TO TIME ON ANY
BUSINESS DAY DURING THE