sheet for franchises, licenses, permits, patents, patent applications,
copyrights, trademarks, trade names, goodwill, treasury stock, experimental or
organizational expenses and other like intangibles;
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"Taxes"
any present or future taxes, withholding obligations, duties and other charges
of whatever nature levied by any Authority;
"Trading Period"
a period of twenty (20) consecutive Business Days prior to, and ending on, the
relevant determination date, during which the issued Common Stock is traded on
the American Stock Exchange;
"Transaction Documents"
(i)
the Financing Documents; and
(ii)
the Project Documents; and
"World Bank"
the International Bank for Reconstruction and Development, an international
organization established by Articles of Agreement among its member countries.
SECTION 1.02.
FINANCIAL CALCULATIONS.
(A) ALL FINANCIAL CALCULATIONS TO BE
MADE UNDER, OR FOR THE PURPOSES OF, THIS AGREEMENT AND ANY OTHER FINANCING
DOCUMENT SHALL BE MADE IN ACCORDANCE WITH THE ACCOUNTING STANDARDS AND, EXCEPT
AS OTHERWISE REQUIRED TO CONFORM TO ANY PROVISION OF THIS AGREEMENT, SHALL BE
CALCULATED FROM THE THEN MOST RECENTLY ISSUED QUARTERLY REPORT (FORM 10-Q) WHICH
THE BORROWER IS OBLIGATED TO FURNISH TO IFC UNDER SECTION 5.03 (A) (REPORTING
REQUIREMENTS).
(B)
THE AUDITED FINANCIAL STATEMENTS FOR A FINANCIAL YEAR SHALL BE
USED FOR THE PURPOSE OF MAKING FINANCIAL CALCULATIONS WITH RESPECT TO THE LAST
QUARTER OF SUCH FINANCIAL YEAR.
(C)
IF A FINANCIAL CALCULATION IS TO BE MADE UNDER OR FOR THE PURPOSES
OF THIS AGREEMENT ON A CONSOLIDATED BASIS, THAT CALCULATION SHALL BE MADE BY
REFERENCE TO THE SUM OF ALL AMOUNTS OF SIMILAR NATURE REPORTED IN THE RELEVANT
FINANCIAL STATEMENTS OF EACH OF THE ENTITIES WHOSE ACCOUNTS ARE TO BE
CONSOLIDATED WITH THE ACCOUNTS OF THE BORROWER PLUS OR MINUS THE CONSOLIDATION
ADJUSTMENTS CUSTOMARILY APPLIED TO AVOID DOUBLE COUNTING OF TRANSACTIONS AMONG
ANY OF THOSE ENTITIES, INCLUDING THE BORROWER.
SECTION 1.03.
INTERPRETATION.
IN THIS AGREEMENT, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
(A)
HEADINGS ARE FOR CONVENIENCE ONLY AND DO NOT AFFECT THE
INTERPRETATION OF THIS AGREEMENT;
(B)
WORDS IMPORTING THE SINGULAR INCLUDE THE PLURAL AND VICE VERSA;
(C)
A REFERENCE TO AN ANNEX, ARTICLE, PARTY, SCHEDULE OR SECTION IS A
REFERENCE TO THAT ARTICLE OR SECTION OF, OR THAT ANNEX, PARTY OR SCHEDULE TO,
THIS AGREEMENT;
(D)
A REFERENCE TO A DOCUMENT INCLUDES AN AMENDMENT OR SUPPLEMENT TO,
OR REPLACEMENT OR NOVATION OF, THAT DOCUMENT BUT DISREGARDING ANY AMENDMENT,
SUPPLEMENT, REPLACEMENT OR NOVATION MADE IN BREACH OF THIS AGREEMENT; AND
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(E)
A REFERENCE TO A PARTY TO ANY DOCUMENT INCLUDES THAT PARTY'S
SUCCESSORS AND PERMITTED ASSIGNS.
SECTION 1.04.
BUSINESS DAY ADJUSTMENT.
(A) WHEN AN INTEREST PAYMENT DATE IS
NOT A BUSINESS DAY, THEN SUCH INTEREST PAYMENT DATE SHALL BE AUTOMATICALLY
CHANGED TO THE NEXT BUSINESS DAY IN THAT CALENDAR MONTH (IF THERE IS ONE) OR THE
PRECEDING BUSINESS DAY (IF THERE IS NOT).
(B)
WHEN THE DAY ON OR BY WHICH A PAYMENT (OTHER THAN A PAYMENT OF
PRINCIPAL OR INTEREST) IS DUE TO BE MADE IS NOT A BUSINESS DAY, THAT PAYMENT
SHALL BE MADE ON OR BY THE NEXT BUSINESS DAY IN