Base Rate Loans or Eurodollar Loans.
SECTION 1.2.
EXHIBITS AND SCHEDULES;
ADDITIONAL DEFINITIONS.
ALL EXHIBITS AND SCHEDULES ATTACHED TO THIS AGREEMENT
ARE A PART HEREOF FOR ALL PURPOSES.
REFERENCE IS HEREBY MADE TO SCHEDULE 4.1
FOR THE MEANING OF CERTAIN TERMS DEFINED THEREIN AND USED BUT NOT DEFINED
HEREIN, WHICH DEFINITIONS ARE INCORPORATED HEREIN BY REFERENCE.
SECTION 1.3.
AMENDMENT OF DEFINED
INSTRUMENTS.
UNLESS THE CONTEXT OTHERWISE REQUIRES OR UNLESS OTHERWISE PROVIDED
HEREIN THE TERMS DEFINED IN THIS AGREEMENT WHICH REFER TO A PARTICULAR
AGREEMENT, INSTRUMENT OR DOCUMENT ALSO REFER TO AND INCLUDE ALL RENEWALS,
EXTENSIONS, MODIFICATIONS, AMENDMENTS AND RESTATEMENTS OF SUCH AGREEMENT,
INSTRUMENT OR DOCUMENT, PROVIDED THAT NOTHING CONTAINED IN THIS SECTION SHALL BE
CONSTRUED TO AUTHORIZE ANY SUCH RENEWAL, EXTENSION, MODIFICATION, AMENDMENT OR
RESTATEMENT.
SECTION 1.4.
REFERENCES AND TITLES.
ALL
REFERENCES IN THIS AGREEMENT TO EXHIBITS, SCHEDULES, ARTICLES, SECTIONS,
SUBSECTIONS AND OTHER SUBDIVISIONS REFER TO THE EXHIBITS, SCHEDULES, ARTICLES,
SECTIONS, SUBSECTIONS AND OTHER SUBDIVISIONS OF THIS AGREEMENT UNLESS EXPRESSLY
PROVIDED OTHERWISE.
EXHIBITS AND SCHEDULES TO ANY LOAN DOCUMENT SHALL BE DEEMED
INCORPORATED BY REFERENCE IN SUCH LOAN DOCUMENT.
REFERENCES TO ANY DOCUMENT,
INSTRUMENT, OR AGREEMENT (A) SHALL INCLUDE ALL EXHIBITS, SCHEDULES, AND OTHER
ATTACHMENTS THERETO, AND (B) SHALL INCLUDE ALL DOCUMENTS, INSTRUMENTS, OR
AGREEMENTS ISSUED OR EXECUTED IN REPLACEMENT THEREOF.
TITLES APPEARING AT THE
BEGINNING OF ANY SUBDIVISIONS ARE FOR CONVENIENCE ONLY AND DO NOT CONSTITUTE ANY
PART OF SUCH SUBDIVISIONS AND SHALL BE DISREGARDED IN CONSTRUING THE LANGUAGE
CONTAINED IN SUCH SUBDIVISIONS.
THE WORDS "THIS AGREEMENT", "THIS INSTRUMENT",
"HEREIN", "HEREOF", "HEREBY", "HEREUNDER" AND WORDS OF SIMILAR IMPORT REFER TO
THIS AGREEMENT AS A WHOLE AND NOT TO ANY PARTICULAR SUBDIVISION UNLESS EXPRESSLY
SO LIMITED.
THE PHRASES "THIS SECTION" AND "THIS SUBSECTION" AND SIMILAR
PHRASES REFER ONLY TO THE SECTIONS OR SUBSECTIONS HEREOF IN WHICH SUCH PHRASES
OCCUR.
THE WORD "OR" IS NOT EXCLUSIVE, AND THE WORD "INCLUDING" (IN ITS VARIOUS
FORMS) MEANS "INCLUDING WITHOUT LIMITATION".
PRONOUNS IN MASCULINE, FEMININE
AND NEUTER GENDERS SHALL BE CONSTRUED TO INCLUDE ANY OTHER GENDER, AND WORDS IN
THE SINGULAR FORM SHALL BE CONSTRUED TO INCLUDE THE PLURAL AND VICE VERSA,
UNLESS THE CONTEXT OTHERWISE REQUIRES.
ACCOUNTING TERMS HAVE THE MEANINGS
ASSIGNED TO THEM BY GAAP, AS APPLIED THE ACCOUNTING ENTITY TO WHICH THEY REFER.
REFERENCES TO "DAYS" SHALL MEAN CALENDAR DAYS, UNLESS THE TERM "BUSINESS DAY" IS
USED.
UNLESS OTHERWISE SPECIFIED, REFERENCES HEREIN TO ANY PARTICULAR PERSON
ALSO REFER TO ITS SUCCESSORS AND PERMITTED ASSIGNS.
SECTION 1.5.
CALCULATIONS AND DETERMINATIONS.
ALL CALCULATIONS UNDER THE LOAN DOCUMENTS OF INTEREST CHARGEABLE WITH RESPECT TO
EURODOLLAR LOANS AND OF FEES SHALL BE MADE ON THE BASIS OF ACTUAL DAYS ELAPSED
(INCLUDING THE FIRST DAY BUT EXCLUDING THE LAST) AND A YEAR OF 360 DAYS.
ALL
OTHER CALCULATIONS OF INTEREST MADE UNDER THE LOAN DOCUMENTS SHALL BE MADE ON
THE BASIS OF ACTUAL DAYS ELAPSED (INCLUDING THE FIRST DAY BUT EXCLUDING THE
LAST) AND A YEAR OF 365 OR 366 DAYS, AS APPROPRIATE.
EACH DETERMINATION BY A
LENDER PARTY OF AMOUNTS TO BE PAID UNDER
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