AND SCHEDULES SHALL BE CONSTRUED TO REFER TO ARTICLES AND
SECTIONS OF, AND EXHIBITS AND SCHEDULES TO, THE INTERNATIONAL LOAN DOCUMENT IN
WHICH SUCH REFERENCES APPEAR, (V) ANY REFERENCE TO ANY LAW SHALL INCLUDE ALL
STATUTORY AND REGULATORY PROVISIONS CONSOLIDATING, AMENDING, REPLACING OR
INTERPRETING SUCH LAW AND ANY REFERENCE TO ANY LAW OR REGULATION SHALL, UNLESS
OTHERWISE SPECIFIED, REFER TO SUCH LAW OR REGULATION AS AMENDED, MODIFIED OR
SUPPLEMENTED FROM TIME TO TIME, AND (VI) 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.
(B)
IN THE COMPUTATION OF PERIODS OF TIME FROM A
SPECIFIED DATE TO A LATER SPECIFIED DATE, THE WORD "FROM" MEANS "FROM AND
INCLUDING;" THE WORDS "TO" AND "UNTIL" EACH MEAN "TO BUT EXCLUDING;" AND THE
WORD "THROUGH" MEANS "TO AND INCLUDING."
(C)
SECTION HEADINGS HEREIN AND IN THE OTHER
INTERNATIONAL LOAN DOCUMENTS ARE INCLUDED FOR CONVENIENCE OF REFERENCE ONLY AND
SHALL NOT AFFECT THE INTERPRETATION OF THIS AGREEMENT OR ANY OTHER INTERNATIONAL
LOAN DOCUMENT.
1.3
ACCOUNTING TERMS.
(A)
ALL ACCOUNTING TERMS NOT SPECIFICALLY
DEFINED HEREIN SHALL BE CONSTRUED IN ACCORDANCE WITH GAAP.
THE BORROWER SHALL
MAINTAIN A SYSTEM OF ACCOUNTING ESTABLISHED AND ADMINISTERED IN ACCORDANCE WITH
SOUND BUSINESS PRACTICES TO PERMIT PREPARATION OF FINANCIAL STATEMENTS IN
CONFORMITY WITH GAAP (EXCEPT AS MAY BE OTHERWISE REQUIRED PURSUANT TO SECTION
1.3(B)), AND EACH OF THE FINANCIAL STATEMENTS DESCRIBED BELOW SHALL BE PREPARED
FROM SUCH SYSTEM AND RECORDS.
(B)
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 8.1 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 9.5 OR IN THE RELATED DEFINITIONS OF TERMS USED THEREIN, THE PARTIES
HERETO AGREE, SUBJECT TO SECTION 11.15, 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, SUBJECT TO SECTION 11.15, 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 BANK, SO AS TO REFLECT SUCH CHANGE IN ACCOUNTING PRINCIPLES.
1.4
TIMES OF DAY.
UNLESS OTHERWISE SPECIFIED,
ALL REFERENCES HEREIN TO TIMES OF DAY SHALL BE REFERENCES TO CENTRAL TIME
(DAYLIGHT OR STANDARD, AS