such obligations are
backed by the full faith and credit of the United States of America), in each
case maturing within one year from the date of acquisition thereof.
"Vernon Gathering" means Vernon Gathering, LLC, a Delaware limited liability
company, and its successors.
"Vernon Hedges" means the hedging transactions set forth on Schedule 7.15 of the
Anadarko Asset Purchase Agreement and otherwise on terms and conditions
reasonably acceptable to the Administrative Agent and in notional amounts
covering at least ninety percent (90%) of the forecasted production from proved
producing reserves included in the Oil and Gas Interests acquired in the
Anadarko Asset Acquisition through December 31, 2009.
24
"Vernon Holdings" means Vernon Holdings, LLC, a Delaware limited liability
company, and its successors.
"Withdrawal Liability" means liability to a Multiemployer Plan as a result of a
complete or partial withdrawal from such Multiemployer Plan, as such terms are
defined in Part I of Subtitle E of Title IV of ERISA.
SECTION 1.02.
CLASSIFICATION OF LOANS AND BORROWINGS. FOR PURPOSES OF
THIS AGREEMENT, LOANS MAY BE CLASSIFIED AND REFERRED TO BY CLASS (E.G., A
"REVOLVING LOAN") OR BY TYPE (E.G., A "EURODOLLAR LOAN" OR AN "ABR LOAN") OR BY
CLASS AND TYPE (E.G, A "EURODOLLAR REVOLVING LOAN"). BORROWINGS ALSO MAY BE
CLASSIFIED AND REFERRED TO BY CLASS (E.G., A "REVOLVING BORROWING") OR BY TYPE
(E.G., A "EURODOLLAR BORROWING" OR AN "ABR BORROWING") OR BY CLASS AND TYPE
(E.G., A "EURODOLLAR REVOLVING BORROWING").
SECTION 1.03.
TERMS GENERALLY. 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 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), (B) ANY REFERENCE
HEREIN TO ANY PERSON SHALL BE CONSTRUED TO INCLUDE SUCH PERSON'S SUCCESSORS AND
ASSIGNS, (C) 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, (D) ALL REFERENCES HEREIN TO ARTICLES,
SECTIONS, EXHIBITS AND SCHEDULES SHALL BE CONSTRUED TO REFER TO ARTICLES AND
SECTIONS OF, AND EXHIBITS AND SCHEDULES TO, THIS AGREEMENT AND (E) 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.
SECTION 1.04.
ACCOUNTING TERMS; GAAP. EXCEPT AS OTHERWISE EXPRESSLY
PROVIDED HEREIN, ALL TERMS OF AN ACCOUNTING OR FINANCIAL NATURE SHALL BE
CONSTRUED