WHOLE AND NOT TO ANY PARTICULAR
ARTICLE, SECTION OR OTHER PROVISION HEREOF;
(H)
"INCLUDING" (AND WITH CORRELATIVE MEANING "INCLUDE") MEANS
INCLUDING WITHOUT LIMITING THE GENERALITY OF ANY DESCRIPTION PRECEDING SUCH
TERM; AND
2
(I)
RELATIVE TO THE DETERMINATION OF ANY PERIOD OF TIME, "FROM" MEANS
"FROM AND INCLUDING," "TO" MEANS "TO BUT EXCLUDING," AND "THROUGH" MEANS "TO AND
INCLUDING."
SECTION 1.4.
ACCOUNTING TERMS.
ALL ACCOUNTING TERMS NOT SPECIFICALLY DEFINED
HEREIN SHALL BE CONSTRUED IN ACCORDANCE WITH GAAP.
EXCEPT AS OTHERWISE PROVIDED
HEREIN, IF ANY CHANGES IN ACCOUNTING PRINCIPLES FROM THOSE USED IN THE
PREPARATION OF THE MOST RECENT FINANCIAL STATEMENTS REFERRED TO IN SECTION
5.1(F) ARE HEREAFTER REQUIRED OR PERMITTED BY THE RULES, REGULATIONS,
PRONOUNCEMENTS AND OPINIONS OF THE FINANCIAL ACCOUNTING STANDARDS BOARD OF THE
AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS (OR SUCCESSORS THERETO OR
AGENCIES WITH SIMILAR FUNCTIONS) AND ARE ADOPTED BY THE BORROWER WITH THE
AGREEMENT OF ITS INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS AND SUCH CHANGES
RESULT IN A CHANGE IN THE METHOD OF CALCULATION OF ANY OF THE FINANCIAL
COVENANTS, STANDARDS OR TERMS FOUND IN SECTION 6.3 OR IN THE RELATED DEFINITIONS
OF TERMS USED THEREIN, THE PARTIES HERETO AGREE TO ENTER INTO NEGOTIATIONS IN
ORDER TO AMEND SUCH PROVISIONS SO AS TO REFLECT EQUITABLY SUCH CHANGES WITH THE
DESIRED RESULT THAT THE CRITERIA FOR EVALUATING THE BORROWER'S FINANCIAL
CONDITION SHALL BE THE SAME AFTER SUCH CHANGES AS IF SUCH CHANGES HAD NOT BEEN
MADE, PROVIDED THAT NO CHANGE IN GAAP THAT WOULD AFFECT THE METHOD OF
CALCULATION OF ANY OF THE FINANCIAL COVENANTS, STANDARDS OR TERMS SHALL BE GIVEN
EFFECT IN SUCH CALCULATIONS UNTIL SUCH PROVISIONS ARE AMENDED, IN A MANNER
SATISFACTORY TO THE MAJORITY LENDERS, SO AS TO REFLECT SUCH CHANGE IN ACCOUNTING
PRINCIPLES.
ARTICLE II.
AMOUNT AND TERM OF COMMITMENTS
SECTION 2.1.
COMMITMENTS.
THE LENDERS SHALL MAKE LOANS TO OR FOR THE BENEFIT
OF THE BORROWER IN ACCORDANCE WITH THEIR RESPECTIVE REVOLVING COMMITMENTS AS
PROVIDED BELOW IN THIS SECTION 2.1.
SECTION 2.1.1.
REVOLVING COMMITMENT.
ON THE TERMS AND SUBJECT TO THE
CONDITIONS OF THIS AGREEMENT (INCLUDING ARTICLE IV), EACH LENDER SEVERALLY AND
FOR ITSELF ALONE AGREES TO MAKE LOANS TO, AND TO ISSUE OR PARTICIPATE IN THE
ISSUANCE OF LETTERS OF CREDIT AND SWING LINE LOANS FOR THE ACCOUNT OF, THE
BORROWER PURSUANT TO ITS REVOLVING COMMITMENT, AS DESCRIBED IN THIS ARTICLE II
AND IN ARTICLE III, RESPECTIVELY.
FROM TIME TO TIME ON ANY BUSINESS DAY
OCCURRING PRIOR TO THE REVOLVING COMMITMENT TERMINATION DATE, EACH LENDER,
SEVERALLY AND FOR ITSELF ALONE, AGREES TO MAKE REVOLVING LOANS IN DOLLARS OR IN
ONE OR MORE ALTERNATIVE CURRENCIES (RELATIVE TO SUCH LENDER, ITS "REVOLVING
LOANS") TO THE BORROWER EQUAL TO SUCH LENDER'S REVOLVING CREDIT PERCENTAGE OF
THE AGGREGATE AMOUNT OF THE APPLICABLE BORROWING REQUESTED BY THE BORROWER TO BE
MADE ON SUCH DAY PURSUANT TO THIS SECTION 2.1.1.
THE COMMITMENT OF EACH LENDER
DESCRIBED IN THIS SECTION 2.1.1 IS HEREIN REFERRED TO AS ITS "REVOLVING
COMMITMENT" AND SHALL BE IN THE AMOUNT SET FORTH ON THE COMMITMENT