Common use of Other Definitional Provisions and References Clause in Contracts

Other Definitional Provisions and References. References in this Credit Agreement to “Sections”, “Annexes”, “Exhibits”, “Appendices” or “Schedules” shall be to Sections, Annexes, Exhibits, Appendices or Schedules of or to this Credit Agreement unless otherwise specifically provided. Any term defined herein may be used in the singular or plural. “Include”, “includes” and “including” shall be deemed to be followed by “without limitation.” Except as otherwise specified or limited herein, references to any Person include the successors and assigns of such Person. The references “from” or “through” any date mean, un-less otherwise specified, “from and including” or “through and including,” respectively. References in any Fundamental Document to the knowledge (or an analogous phrase) of any Borrower or Guarantor are intended to signify that such Borrower or Guarantor has actual knowledge or awareness of a particular fact or circumstance or that such Borrower or Guarantor, if it had exercised reasonable diligence, would have known or been aware of such fact or circumstance. Unless otherwise specified herein, the settlement of all payments and fundings hereunder between or among parties hereto shall be made in lawful money of the United States and in immediately available funds. Time is of the essence in Borrowers’ and Guarantors’ performance under this Credit Agreement and all other Fundamental Documents. All amounts used for purposes of financial calculations required to be made herein shall be without duplication. Except as otherwise specified or limited herein, references to any statute or act shall include all related regulations, rules and orders and all amendments and supplements and any successor or replacement statutes, acts and regulations. References to any statute or act, without additional reference, shall be deemed to refer to federal statutes and acts of the United States. References to any agreement, instrument or document (including the Fundamental Documents) shall include all schedules, exhibits, annexes, appendices and other attachments thereto and shall be construed as referring to such agreement, instrument or document as from time to time amended, amended and restated, modified, extended, restated, replaced or supplemented (subject to any restrictions on such amendments, amendments and restatements, modifications, extensions, restatements, replacements and supplements set forth herein or in any other Fundamental Document).

Other Definitional Provisions and References. References in this Credit Agreement to “Articles”, “Sections”, “Annexes”, “Exhibits”, “Appendices” or “Schedules” shall be to Articles, Sections, Annexes, Exhibits, Appendices Exhibits or Schedules of or to this Credit Agreement unless otherwise specifically provided. Any term defined herein may be used in the singular or plural. “Include”, “includes” and “including” shall be deemed to be followed by “without limitation.”. “Or” shall be construed to mean “and/or”. Except as otherwise specified or limited herein, references to any Person include the successors and assigns of such Person. The references References “from” or “through” any date mean, un-less unless otherwise specified, “from and including” or “through and including,” ”, respectively. References in any Fundamental Document to the knowledge (or an analogous phrase) No provision of any Borrower or Guarantor are intended to signify that such Borrower or Guarantor has actual knowledge or awareness of a particular fact or circumstance or that such Borrower or Guarantor, if it had exercised reasonable diligence, would have known or been aware Loan Documents shall be construed against any party by reason of such fact party having, or circumstancebeing deemed to have, drafted the provision. Unless otherwise specified herein, the settlement of all payments and fundings hereunder between or among the parties hereto shall be made in lawful money of the United States and in immediately available funds. Time is of the essence in Borrowers’ and Guarantors’ for each performance obligation of the Loan Parties under this Credit Agreement and all other Fundamental Documentseach Loan Document. All amounts used for purposes of financial calculations required to be made herein shall be without duplication. Except as otherwise specified or limited herein, references References to any statute or act shall include all related regulations, rules and orders current regulations and all amendments and supplements and any successor or replacement statutes, acts and regulations. References to any statute or act, without additional reference, shall be deemed to refer to federal statutes and acts of the United States. References to any agreement, instrument or document (including the Fundamental Documentsa) shall include all schedules, exhibits, annexes, appendices annexes and other attachments thereto and (b) shall be construed as referring to such agreement, instrument or other document as from time to time amended, amended and restated, modified, extended, restated, replaced supplemented or supplemented otherwise modified (subject to any restrictions on such amendments, amendments and restatements, modifications, extensions, restatements, replacements and supplements or modifications set forth herein or in any other Fundamental Loan Document). 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. Unless otherwise specified herein Dollar ($) baskets set forth in the representations and warranty, covenants and event of default provisions of this Agreement (and other similar baskets) are calculated as of each date of measurement by the Dollar Equivalent Amount thereof as of such date of measurement. Reference to a Loan Party’s “knowledge” or similar concept means actual knowledge of a senior officer, or knowledge that a senior officer would have obtained if he or she had engaged in good faith and diligent performance of his or her duties, including reasonably specific inquiries of employees or agents and a good faith attempt to ascertain the matter.

Other Definitional Provisions and References. References in this Credit Agreement to “Articles”, “Sections”, “Annexes”, “Exhibits”, “Appendices” or “Schedules” shall be to Articles, Sections, Annexes, Exhibits, Appendices Exhibits or Schedules of or to this Credit Agreement unless otherwise specifically provided. Any term defined herein may be used in the singular or plural. “Include”, “includes” and “including” shall be deemed to be followed by “without limitation.” unless otherwise specifically provided. Except as otherwise specified or limited herein, references to any Person include the successors and assigns of such Person. The references References “from” or “through” any date mean, un-less unless otherwise specified, “from and including” or “through and including,”, respectively, and references to “to” respectively. References in or “until” any Fundamental Document date mean, unless otherwise specified, “to the knowledge (or an analogous phrase) of any Borrower or Guarantor are intended to signify that such Borrower or Guarantor has actual knowledge or awareness of a particular fact or circumstance or that such Borrower or Guarantor, if it had exercised reasonable diligence, would have known or been aware of such fact or circumstancebut excluding”. Unless otherwise specified herein, the settlement of all payments and fundings hereunder between or among the parties hereto shall be made in lawful money of the United States and in immediately available funds. Time is of the essence in Borrowers’ and Guarantors’ for each performance obligation of the Loan Parties under this Credit Agreement and all other Fundamental Documentseach Loan Document. All amounts used for purposes of financial calculations required to be made herein shall be without duplication. Except as Unless otherwise specified or limited herein, references to any statute or act shall include all related regulations, rules and orders current regulations and all amendments and supplements and any successor or replacement statutes, acts and regulations. References to any statute or actUnless otherwise specified herein, without additional reference, shall be deemed to refer to federal statutes and acts of the United States. References references to any agreement, instrument or document (including the Fundamental Documentsi) shall include all schedules, exhibits, annexes, appendices annexes and other attachments thereto and (ii) shall be construed as referring to such agreement, instrument or other document as from time to time amended, amended and restated, modified, extended, restated, replaced supplemented or supplemented otherwise modified (subject to any restrictions on such amendments, amendments and restatements, modifications, extensions, restatements, replacements and supplements or modifications set forth herein or in any other Fundamental Loan Document). Unless otherwise specified herein, any reference herein to any Person shall be construed to include such Person’s permitted successors and assigns. 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. All covenants hereunder shall be given independent effect so that if a particular action or condition is not permitted by any of such covenants, the fact that it would be permitted by an exception to, or otherwise within the limitations of, another covenant shall not avoid the occurrence of an Event of Default if such action is taken or condition exists. In addition, all representations and warranties hereunder shall be given independent effect so that if a particular representation or warranty proves to be incorrect or is breached, the fact that another representation or warranty concerning the same or similar subject matter is correct or is not breached will not affect the incorrectness of a breach of a representation or warranty hereunder. For purposes of this Agreement, a Loan Party will be deemed to have knowledge of a particular fact or other matter if any Loan Party or any officer, director or member of senior management of any Loan Party (or any of their equivalents): (a) is actually aware of such fact or other matter; or (b) a prudent Person would reasonably be expected to discover or otherwise become aware of such fact or other matter in the course of conducting a reasonably comprehensive investigation concerning the existence of such fact or other matter. Unless otherwise expressly stated, Dollar ($) baskets set forth in the representations and warranties, covenants and events of default provisions of this Agreement (and other similar baskets) are calculated as of each date of measurement by the Dollar equivalents thereof as of such date of measurement. Unless otherwise expressly stated, if a Loan Party may not take an action under this Agreement or any other Loan Document, then it may not take that action indirectly, or take any action assisting or supporting any other Person in taking that action directly or indirectly. “Taking an action indirectly” means taking an action that is not expressly prohibited for the Loan Party but is intended to have substantially the same effects as the prohibited action.

Other Definitional Provisions and References. References in this Credit Agreement to “Sections”, “Annexes”, “Exhibits”, “Appendices” or “Schedules” shall be to Sections, Annexes, Exhibits, Appendices or Schedules of or to this Credit Agreement unless otherwise specifically provided. Any term defined herein may be used in the singular or plural. “Include”, “includes” and “including” shall be deemed to be followed by “without limitation.” Except as otherwise specified or limited herein, references to any Person include the successors and assigns of such Person. The references “from” or “through” any date mean, un-less unless otherwise specified, “from and including” or “through and including,” respectively. References in any Fundamental Loan Document to the knowledge (or an analogous phrase) of any Borrower or Guarantor Loan Party are intended to signify that such Borrower or Guarantor Loan Party has actual knowledge or awareness of a particular fact or circumstance or that such Borrower or Guarantor, if it had exercised reasonable diligence, would have known or been aware of such fact or circumstanceafter due inquiry. Unless otherwise specified herein, the settlement of all payments and fundings hereunder between or among parties hereto shall be made in lawful money of the United States and in immediately available funds. Time is of the essence in Borrowers’ ▇▇▇▇▇▇▇▇’s and Guarantors’ each other Loan Party’s performance under this Credit Agreement and all other Fundamental Loan Documents. All amounts used for purposes of financial calculations required to be made herein shall be without duplication. Except as otherwise specified or limited herein, references to any statute or act shall include all related regulations, rules and orders and all amendments and supplements and any successor or replacement statutes, acts and regulations. References to any statute or act, without additional reference, shall be deemed to refer to federal statutes and acts of the United States. References to any agreement, instrument or document (including the Fundamental DocumentsLoan Documents and any Organizational Document) shall include all schedules, exhibits, annexes, appendices and other attachments thereto and shall be construed as referring to such agreement, instrument or document as from time to time amended, amended and restated, modified, extended, restated, replaced or supplemented (subject to any restrictions on such amendments, amendments and restatements, modifications, extensions, restatements, replacements and supplements set forth herein or in any other Fundamental Loan Document).

Other Definitional Provisions and References. References in this Credit Agreement to “"Sections”", “"Annexes”", “"Exhibits”", “"Appendices” " or “"Schedules” " shall be to Sections, Annexes, Exhibits, Appendices or Schedules of or to this Credit Agreement unless otherwise specifically provided. Any term defined herein may be used in the singular or plural. “"Include”", “"includes” " and “"including” " shall be deemed to be followed by “"without limitation.” " Except as otherwise specified or limited herein, references to any Person include the successors and assigns of such Person. The references “"from” " or “"through” " any date mean, un-less unless otherwise specified, “"from and including” " or “"through and including,” " respectively. References in any Fundamental Loan Document to the knowledge (or an analogous phrase) of any Borrower or Guarantor Loan Party are intended to signify that such Borrower or Guarantor Loan Party has actual knowledge or awareness of a particular fact or circumstance or that such Borrower or GuarantorLoan Party, if it had exercised reasonable diligence, would have known or been aware of such fact or circumstance. Unless otherwise specified herein, the settlement of all payments and fundings hereunder between or among parties hereto shall be made in lawful money of the United States and in immediately available funds. Time is of the essence in Borrowers’ B▇▇▇▇▇▇▇'s and Guarantors’ each other Loan Party's performance under this Credit Agreement and all other Fundamental Loan Documents. All amounts used for purposes of financial calculations required to be made herein shall be without duplication. Except as otherwise specified or limited herein, references to any statute or act shall include all related regulations, rules and orders and all amendments and supplements and any successor or replacement statutes, acts and regulations. References to any statute or act, without additional reference, shall be deemed to refer to federal statutes and acts of the United States. References to any agreement, instrument or document (including the Fundamental DocumentsLoan Documents and any Organizational Document) shall include all schedules, exhibits, annexes, appendices and other attachments thereto and shall be construed as referring to such agreement, instrument or document as from time to time amended, amended and restated, modified, extended, restated, replaced or supplemented (subject to any restrictions on such amendments, amendments and restatements, modifications, extensions, restatements, replacements and supplements set forth herein or in any other Fundamental Loan Document).

Other Definitional Provisions and References. References in this Credit Agreement to “Sections”, “Annexes”, “Exhibits”, “Appendices” or “Schedules” shall be to Sections, Annexes, Exhibits, Appendices or Schedules of or to this Credit Agreement unless otherwise specifically provided. Any term defined herein may be used in the singular or plural. “Include”, “includes” and “including” shall be deemed to be followed by “without limitation.” Except as otherwise specified or limited herein, references to any Person include the successors and assigns of such Person. The references “from” or “through” any date mean, un-less unless otherwise specified, “from and including” or “through and including,” respectively. References in any Fundamental Loan Document to the knowledge (or an analogous phrase) of any Borrower or Guarantor Loan Party are intended to signify that such Borrower or Guarantor Loan Party has actual knowledge or awareness of a particular fact or circumstance or that such Borrower or GuarantorLoan Party, if it had exercised reasonable diligence, would have known or been aware of such fact or circumstance. Unless otherwise specified herein, the settlement of all payments and fundings hereunder between or among parties hereto shall be made in lawful money of the United States and in immediately available funds. Time is of the essence in Borrowers’ ▇▇▇▇▇▇▇▇’s and Guarantors’ each other Loan Party’s performance under this Credit Agreement and all other Fundamental Loan Documents. All amounts used for purposes of financial calculations required to be made herein shall be without duplication. Except as otherwise specified or limited herein, references to any statute or act shall include all related regulations, rules and orders and all amendments and supplements and any successor or replacement statutes, acts and regulations. References to any statute or act, without additional reference, shall be deemed to refer to federal statutes and acts of the United States. References to any agreement, instrument or document (including the Fundamental DocumentsLoan Documents and any Organizational Document) shall include all schedules, exhibits, annexes, appendices and other attachments thereto and shall be construed as referring to such agreement, instrument or document as from time to time amended, amended and restated, modified, extended, restated, replaced or supplemented (subject to any restrictions on such amendments, amendments and restatements, modifications, extensions, restatements, replacements and supplements set forth herein or in any other Fundamental Loan Document).

Other Definitional Provisions and References. References in this Credit Agreement to “Articles”, “Sections”, “Annexes”, “Exhibits”, “Appendices” or “Schedules” shall be to Articles, Sections, Annexes, Exhibits, Appendices Exhibits or Schedules of or to this Credit Agreement unless otherwise specifically provided. Any term defined herein may be used in the singular or plural. “Include”, “includes” and “including” shall be deemed to be followed by “without limitation.” ”. Except as otherwise specified or limited herein, references to any Person include the successors and assigns of such Person. The references References “from” or “through” any date mean, un-less unless otherwise specified, “from and including” or “through and including,” ”, respectively. References in any Fundamental Document to the knowledge (or an analogous phrase) of any Borrower or Guarantor are intended to signify that such Borrower or Guarantor has actual knowledge or awareness of a particular fact or circumstance or that such Borrower or Guarantor, if it had exercised reasonable diligence, would have known or been aware of such fact or circumstance. Unless otherwise specified herein, the settlement of all payments and fundings hereunder between or among the parties hereto shall be made in lawful money of the United States and in immediately available funds. Time is of the essence in Borrowers’ and Guarantors’ for each performance obligation of the Issuer under this Credit Agreement and all other Fundamental Documentseach Financing Document. All amounts used for purposes of financial calculations required to be made herein shall be without duplication. Except as otherwise specified or limited herein, references References to any statute or act shall include all related regulations, rules and orders current regulations and all amendments and supplements and any successor or replacement statutes, acts and regulations. References to any statute or act, without additional reference, shall be deemed to refer to federal statutes and acts of the United States. References to any agreement, instrument or document (including the Fundamental Documents) shall include all schedules, exhibits, annexes, appendices annexes and other attachments thereto and shall be construed as referring to such agreement, instrument or document as from time to time amended, amended and restated, modified, extended, restated, replaced or supplemented (subject to any restrictions on such amendments, amendments and restatements, modifications, extensions, restatements, replacements and supplements set forth thereto. Unless otherwise expressly provided herein or in any other Fundamental Financing Document), references to agreements and other contractual instruments, including this Agreement and the other Financing Documents, shall be deemed to include all subsequent amendments, thereto, restatements and substitutions thereof and other modifications and supplements thereto which are in effect from time to time, but only to the extent such amendments and other modifications are not prohibited by the terms of any Financing Document. References to any statute or regulation may be made by using either the common or public name thereof or a specific cite reference and, except as otherwise provided with respect to FATCA, are to be construed as including all statutory and regulatory provisions related thereto or consolidating, amending, replacing, supplementing or interpreting the statute or regulation.

Other Definitional Provisions and References. References in this Credit Agreement to “Sections”, “Annexes”, “Exhibits”, “Appendices” or “Schedules” shall be to Sections, Annexes, Exhibits, Appendices or Schedules of or to this Credit Agreement unless otherwise specifically provided. Any term defined herein may be used in the singular or plural. “Include”, “includes” and “including” shall be deemed to be followed by “without limitation.” Except as otherwise specified or limited herein, references to any Person include the successors and assigns of such Person. The references “from” or “through” any date mean, un-less unless otherwise specified, “from and including” or “through and including,” respectively. References in any Fundamental Loan Document to the knowledge (or an analogous phrase) of any Borrower or Guarantor Loan Party are intended to signify that such Borrower or Guarantor Loan Party has actual knowledge or awareness of a particular fact or circumstance or that such Borrower or GuarantorLoan Party, if it had exercised reasonable diligence, would have known or been aware of such fact or circumstance. Unless otherwise specified herein, the settlement of all payments and fundings hereunder between or among parties hereto shall be made in lawful money of the United States and in immediately available funds. Time is of the essence in Borrowers’ the Borrower’s and Guarantors’ each other Loan Party’s performance under this Credit Agreement and all other Fundamental Loan Documents. All amounts used for purposes of financial calculations required to be made herein shall be without duplication. Except as otherwise specified or limited herein, references to any statute or act shall include all related regulations, rules and orders and all amendments and supplements and any successor or replacement statutes, acts and regulations. References to any statute or act, without additional reference, shall be deemed to refer to federal statutes and acts of the United States. References to any agreement, instrument or document (including the Fundamental DocumentsLoan Documents and any Organizational Document) shall include all schedules, exhibits, annexes, appendices and other attachments thereto and shall be construed as referring to such agreement, instrument or document as from time to time amended, amended and restated, modified, extended, restated, replaced or supplemented (subject to any restrictions on such amendments, amendments and restatements, modifications, extensions, restatements, replacements and supplements set forth herein or in any other Fundamental Loan Document). Unless otherwise expressly stated, all thresholds and monetary limits in this Agreement are in Dollars and all calculations, comparisons, measurements or determinations under this Agreement shall be made in Dollars. Unless otherwise specified, all references herein to times of day shall be references to New York City time. Notwithstanding anything herein to the contrary, whenever any document, agreement, payment or other item is required by any Loan Document to be delivered, made or completed on a day that is not a Business Day, the due date thereof shall be extended to the next Business Day.

Other Definitional Provisions and References. References in this Credit Agreement to “Articles”, “Sections”, “Annexes”, “Exhibits”, “Appendices” or “Schedules” shall be to Articles, Sections, Annexes, Exhibits, Appendices Exhibits or Schedules of or to this Credit Agreement unless otherwise specifically provided. Any term defined herein may be used in the singular or plural. “Include”, “includes” and “including” shall be deemed to be followed by “without limitation.” ”. Except as otherwise specified or limited herein, references to any Person include the successors and assigns of such Person. The references References “from” or “through” any date mean, un-less unless otherwise specified, “from and including” or “through and including,” ”, respectively. References in any Fundamental Document to the knowledge (or an analogous phrase) of any Borrower or Guarantor are intended to signify that such Borrower or Guarantor has actual knowledge or awareness of a particular fact or circumstance or that such Borrower or Guarantor, if it had exercised reasonable diligence, would have known or been aware of such fact or circumstance. Unless otherwise specified herein, the settlement of all payments and fundings hereunder between or among the parties hereto shall be made in lawful money of the United States and in immediately available funds. Time is of the essence in Borrowers’ and Guarantors’ for each performance obligation of each Credit Party under this Credit Agreement and all other Fundamental Documentseach Financing Document. All amounts used for purposes of financial calculations required to be made herein shall be without duplication. Except as otherwise specified or limited herein, references References to any statute or act shall include all related regulations, rules and orders current regulations and all amendments and supplements and any successor or replacement statutes, acts and regulations. References to any statute or act, without additional reference, shall be deemed to refer to federal statutes and acts of the United States. References to any agreement, instrument or document (including the Fundamental Documents) shall include all schedules, exhibits, annexes, appendices annexes and other attachments thereto and shall be construed as referring to such agreement, instrument or document as from time to time amended, amended and restated, modified, extended, restated, replaced or supplemented (subject to any restrictions on such amendments, amendments and restatements, modifications, extensions, restatements, replacements and supplements set forth thereto. Unless otherwise expressly provided herein or in any other Fundamental Financing Document), references to agreements and other contractual instruments, including this Agreement and the other Financing Documents, shall be deemed to include all subsequent amendments, thereto, restatements and substitutions thereof and other modifications and supplements thereto which are in effect from time to time, but only to the extent such amendments and other modifications are not prohibited by the terms of any Financing Document. References to any statute or regulation may be made by using either the common or public name thereof or a specific cite reference and, except as otherwise provided with respect to FATCA, are to be construed as including all statutory and regulatory provisions related thereto or consolidating, amending, replacing, supplementing or interpreting the statute or regulation.

Other Definitional Provisions and References. References in this Credit Agreement to “Articles”, “Sections”, “Annexes”, “Exhibits”, “Appendices” or “Schedules” shall be to Articles, Sections, Annexes, Exhibits, Appendices Exhibits or Schedules of or to this Credit Agreement unless otherwise specifically provided. Any term defined herein may be used in the singular or plural. “Include”, “includes” and “including” shall be deemed to be followed by “without limitation.” unless otherwise specifically provided. Except as otherwise specified or limited herein, references to any Person include the successors and assigns of such Person. The references References “from” or “through” any date mean, un-less unless otherwise specified, “from and including” or “through and including,”, respectively, and references to “to” respectively. References in or “until” any Fundamental Document date mean, unless otherwise specified, “to the knowledge (or an analogous phrase) of any Borrower or Guarantor are intended to signify that such Borrower or Guarantor has actual knowledge or awareness of a particular fact or circumstance or that such Borrower or Guarantor, if it had exercised reasonable diligence, would have known or been aware of such fact or circumstancebut excluding”. Unless otherwise specified herein, the settlement of all payments and fundings hereunder between or among the parties hereto shall be made in lawful money of the United States and in immediately available funds. Time is of the essence in Borrowers’ and Guarantors’ for each performance obligation of Borrower under this Credit Agreement and all other Fundamental Documentseach Loan Document. All amounts used for purposes of financial calculations required to be made herein shall be without duplication. Except as Unless otherwise specified or limited herein, references to any statute or act shall include all related regulations, rules and orders current regulations and all amendments and supplements and any successor or replacement statutes, acts and regulations. References to any statute or actUnless otherwise specified herein, without additional reference, shall be deemed to refer to federal statutes and acts of the United States. References references to any agreement, instrument or document (including the Fundamental Documentsi) shall include all schedules, exhibits, annexes, appendices annexes and other attachments thereto and (ii) shall be construed as referring to such agreement, instrument or other document as from time to time amended, amended and restated, modified, extended, restated, replaced supplemented or supplemented otherwise modified (subject to any restrictions on such amendments, amendments and restatements, modifications, extensions, restatements, replacements and supplements or modifications set forth herein or in any other Fundamental Loan Document). Unless otherwise specified herein, any reference herein to any Person shall be construed to include such Person’s permitted successors and assigns. Unless otherwise specified herein, any reference herein to the word “shall” will be interpreted as mandatory, rather than precatory. Unless otherwise specified herein, any reference herein to the word “shall” will be interpreted as mandatory, rather than precatory. 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. All covenants hereunder shall be given independent effect so that if a particular action or condition is not permitted by any of such covenants, the fact that it would be permitted by an exception to, or otherwise within the limitations of, another covenant shall not avoid the occurrence of a Default or Event of Default if such action is taken or condition exists. In addition, all representations and warranties hereunder shall be given independent effect so that if a particular representation or warranty proves to be incorrect or is breached, the fact that another representation or warranty concerning the same or similar subject matter is correct or is not breached will not affect the incorrectness of a breach of a representation or warranty hereunder. Unless otherwise expressly stated, Dollar ($) baskets set forth in the representations and warranties, covenants and events of default provisions of this Agreement (and other similar baskets) are calculated as of each date of measurement by the Dollar equivalents thereof (as determined in good faith by Agent) as of such date of measurement.

Other Definitional Provisions and References. References in this Credit Agreement to “"Sections”", “"Annexes”", “"Exhibits”", “"Appendices” " or “"Schedules” " shall be to Sections, Annexes, Exhibits, Appendices or Schedules of or to this Credit Agreement unless otherwise specifically provided. Any term defined herein may be used in the singular or plural. “"Include”", “"includes” " and “"including” " shall be deemed to be followed by “"without limitation.” " Except as otherwise specified or limited herein, references to any Person include the successors and assigns of such Person. The references “"from” " or “"through” " any date mean, un-less unless otherwise specified, “"from and including” " or “"through and including,” " respectively. References in any Fundamental Loan Document to the knowledge (or an analogous phrase) of any Borrower or Guarantor Loan Party are intended to signify that such Borrower or Guarantor Loan Party has actual knowledge or awareness of a particular fact or circumstance or that such Borrower or GuarantorLoan Party, if it had exercised reasonable diligence, would have known or been aware of such fact or circumstance. Unless otherwise specified herein, the settlement of all payments and fundings hereunder between or among parties hereto shall be made in lawful money of the United States and in immediately available funds. Time is of the essence in Borrowers’ ▇▇▇▇▇▇▇▇'s and Guarantors’ each other Loan Party's performance under this Credit Agreement and all other Fundamental Loan Documents. All amounts used for purposes of financial calculations required to be made herein shall be without duplication. Except as otherwise specified or limited herein, references to any statute or act shall include all related regulations, rules and orders and all amendments and supplements and any successor or replacement statutes, acts and regulations. References to any statute or act, without additional reference, shall be deemed to refer to federal statutes and acts of the United States. References to any agreement, instrument or document (including the Fundamental DocumentsLoan Documents and any Organizational Document) shall include all schedules, exhibits, annexes, appendices and other attachments thereto and shall be construed as referring to such agreement, instrument or document as from time to time amended, amended and restated, modified, extended, restated, replaced or supplemented (subject to any restrictions on such amendments, amendments and restatements, modifications, extensions, restatements, replacements and supplements set forth herein or in any other Fundamental Loan Document).

Other Definitional Provisions and References. References in this Credit Agreement to “Sections”, “Annexes”, “Exhibits”, “Appendices” or “Schedules” shall be to Sections, Annexes, Exhibits, Appendices or Schedules of or to this Credit Agreement unless otherwise specifically provided. Any term defined herein may be used in the singular or plural. “Include”, “includes” and “including” shall be deemed to be followed by “without limitation.” Except as otherwise specified or limited herein, references to any Person include the successors and assigns of such Person. The references “from” or “through” any date mean, un-less unless otherwise specified, “from and including” or “through and including,” respectively. References in any Fundamental Loan Document to the knowledge (or an analogous phrase) of any Borrower or Guarantor Loan Party are intended to signify that such Borrower or Guarantor Loan Party has actual knowledge or awareness of a particular fact or circumstance or that such Borrower or GuarantorLoan Party, if it had exercised reasonable diligence, would have known or been aware of such fact or circumstance. Unless otherwise specified herein, the settlement of all payments and fundings hereunder between or among parties hereto shall be made in lawful money of the United States and in immediately available funds. Time is of the essence in Borrowers’ ▇▇▇▇▇▇▇▇’s and Guarantors’ each other Loan Party’s performance under this Credit Agreement and all other Fundamental Loan Documents. All amounts used for purposes of financial calculations required to be made herein shall be without duplication. Except as otherwise specified or limited herein, references to any statute or act shall include all related regulations, rules and orders and all amendments and supplements and any successor or replacement statutes, acts and regulations. References to any statute or act, without additional reference, shall be deemed to refer to federal statutes and acts of the United States. References to any agreement, instrument or document (including the Fundamental DocumentsLoan Documents and any Organizational Document) shall include all schedules, exhibits, annexes, appendices and other attachments thereto and shall be construed as referring to such agreement, instrument or document as from time to time amended, amended and restated, modified, extended, restated, replaced or supplemented (subject to any restrictions on such amendments, amendments and restatements, modifications, extensions, restatements, replacements and supplements set forth herein or in any other Fundamental Loan Document).

Other Definitional Provisions and References. References in this Credit Agreement to “Sections”, “Annexes”, “Exhibits”, “Appendices” or “Schedules” shall be to Sections, Annexes, Exhibits, Appendices or Schedules of or to this Credit Agreement unless otherwise specifically provided. Any term defined herein may be used in the singular or plural. “Include”, “includes” and “including” shall be deemed to be followed by “without limitation.” Except as otherwise specified or limited herein, references to any Person include the successors and assigns of such Person. The references “from” or “through” any date mean, un-less unless otherwise specified, “from and including” or “through and including,” respectively. References in any Fundamental Loan Document to the knowledge (or an analogous phrase) of any Borrower or Guarantor Loan Party are intended to signify that such Borrower or Guarantor Loan Party has actual knowledge or awareness of a particular fact or circumstance or that such Borrower or GuarantorLoan Party, if it had exercised reasonable diligence, would have known or been aware of such fact or circumstance. Unless otherwise specified herein, the settlement of all payments and fundings hereunder between or among parties hereto shall be made in lawful money of the United States and in immediately available funds. Time is of the essence in Borrowers’ ▇▇▇▇▇▇▇▇’s and Guarantors’ each other Loan Party’s performance under this Credit Agreement and all other Fundamental Loan Documents. All amounts used for purposes of financial calculations required to be made herein shall be without duplication. Except as otherwise specified or limited herein, references to any statute or act shall include all related regulations, rules and orders and all amendments and supplements and any successor or replacement statutes, acts and regulations. References to any statute or act, without additional reference, shall be deemed to refer to federal statutes and acts of the United States. References to any agreement, instrument or document (including the Fundamental DocumentsLoan Documents and any Organizational Document) shall include all schedules, exhibits, annexes, appendices and other attachments thereto and shall be construed as referring to such agreement, instrument or document as from time to time amended, amended and restated, modified, extended, 53/Mammoth – Credit Agreement restated, replaced or supplemented (subject to any restrictions on such amendments, amendments and restatements, modifications, extensions, restatements, replacements and supplements set forth herein or in any other Fundamental Loan Document).

Other Definitional Provisions and References. References in this Credit Agreement to “Sections”, “Annexes”, “Exhibits”, “Appendices” or “Schedules” shall be to Sections, Annexes, Exhibits, Appendices or Schedules of or to this Credit Agreement unless otherwise specifically provided. Any term defined herein may be used in the singular or plural. “Include”, “includes” and “including” shall be deemed to be followed by “without limitation.” Except as otherwise specified or limited herein, references to any Person include the successors and assigns of such Person. The references “from” or “through” any date mean, un-less unless otherwise specified, “from and including” or “through and including,” respectively. References in any Fundamental Loan Document to the knowledge (or an analogous phrase) of any Borrower or Guarantor Loan Party are intended to signify that an officer of such Borrower or Guarantor Loan Party has actual knowledge or awareness of a particular fact or circumstance or that such Borrower or Guarantorofficer of such Loan Party, if it such Person had exercised reasonable diligence, would have known or been aware of such fact or circumstance. Unless otherwise specified herein, the settlement of all payments and fundings hereunder between or among parties hereto shall be made in lawful money of the United States and in immediately available funds. Time is of the essence in Borrowers’ ▇▇▇▇▇▇▇▇’s and Guarantors’ each other Loan Party’s performance under this Credit Agreement and all other Fundamental Loan Documents. All amounts used for purposes of financial calculations required to be made herein shall be without duplication. Except as otherwise specified or limited herein, references to any statute or act shall include all related regulations, rules and orders and all amendments and supplements and any successor or replacement statutes, acts and regulations. References to any statute or act, without additional reference, shall be deemed to refer to federal statutes and acts of the United States. References to any agreement, instrument or document (including the Fundamental DocumentsLoan Documents and any Organizational Document) shall include all schedules, exhibits, annexes, appendices and other attachments thereto and shall be construed as referring to such agreement, instrument or document as from time to time amended, amended and restated, modified, extended, restated, replaced or supplemented (subject to any restrictions on such amendments, amendments and restatements, modifications, extensions, restatements, replacements and supplements set forth herein or in any other Fundamental Loan Document).

Other Definitional Provisions and References. References in this Credit Agreement to “Sections”, “Annexes”, “Exhibits”, “Appendices” or “Schedules” shall be to Sections, Annexes, Exhibits, Appendices or Schedules of or to this Credit Agreement unless otherwise specifically provided. Any term defined herein may be used in the singular or plural. “Include”, “includes” and “including” shall be deemed to be followed by “without limitation.” Except as otherwise specified or limited herein, references to any Person include the successors and assigns of such Person. The references “from” or “through” any date mean, un-less unless otherwise specified, “from and including” or “through and including,” respectively. References in any Fundamental Loan Document to the knowledge (or an analogous phrase) of any Borrower or Guarantor Loan Party are intended to signify that such Borrower or Guarantor Loan Party has actual knowledge or awareness of a particular fact or circumstance or that such Borrower or GuarantorLoan Party, if it had exercised reasonable diligence, would have known or been aware of such fact or circumstance. References in any Loan Document to “federal” shall include United States federal and Canadian federal governments and legislative branches. Unless otherwise specified herein, the settlement of all payments and fundings hereunder between or among parties hereto shall be made in lawful money of the United States and in immediately available funds. Time is of the essence in Borrowers’ each Borrower’s and Guarantors’ each other Loan Party’s performance under this Credit Agreement and all other Fundamental Loan Documents. All amounts used for purposes of financial calculations required to be made herein shall be without duplication. Except as otherwise specified or limited herein, references to any statute or act shall include all related regulations, rules and orders and all amendments and supplements and any successor or replacement statutes, acts and regulations. References to any statute or act, without additional reference, shall be deemed to refer to federal statutes and acts of the United States. References to any agreement, instrument or document (including the Fundamental DocumentsLoan Documents and any Organizational Document) shall include all schedules, exhibits, annexes, appendices and other attachments thereto and shall be construed as referring to such agreement, instrument or document as from time to time amended, amended and restated, modified, extended, restated, replaced or supplemented (subject to any restrictions on such amendments, amendments and restatements, modifications, extensions, restatements, replacements and supplements set forth herein or in any other Fundamental Loan Document).

Other Definitional Provisions and References. References in this Credit Agreement to “"Sections”", “"Annexes”", “"Exhibits”", “"Appendices” " or “"Schedules” " shall be to Sections, Annexes, Exhibits, Appendices or Schedules of or to this Credit Agreement unless otherwise specifically provided. Any term defined herein may be used in the singular or plural. “"Include”", “"includes” " and “"including” " shall be deemed to be followed by “"without limitation.” " Except as otherwise specified or limited herein, references to any Person include the successors and assigns of such Person. The references “"from” " or “"through” " any date mean, un-less unless otherwise specified, “"from and including” " or “"through and including,” " respectively. References in any Fundamental Loan Document to the knowledge (or an analogous phrase) of any Borrower or Guarantor Loan Party are intended to signify that such Borrower or Guarantor Loan Party has actual knowledge or awareness of a particular fact or circumstance or that such Borrower or GuarantorLoan Party, if it had exercised reasonable diligence, would have known or been aware of such fact or circumstance. Unless otherwise specified herein, the settlement of all payments and fundings hereunder between or among parties hereto shall be made in lawful money of the United States and in immediately available funds. Time is of the essence in Borrowers’ Borrower's and Guarantors’ each other Loan Party's performance under this Credit Agreement and all other Fundamental Loan Documents. All amounts used for purposes of financial calculations required to be made herein shall be without duplication. Except as otherwise specified or limited herein, references to any statute or act shall include all related regulations, rules and orders and all amendments and supplements and any successor or replacement statutes, acts and regulations. References to any statute or act, without additional reference, shall be deemed to refer to federal statutes and acts of the United States. References to any agreement, instrument or document (including the Fundamental DocumentsLoan Documents and any Organizational Document) shall include all schedules, exhibits, annexes, appendices and other attachments thereto and shall be construed as referring to such agreement, instrument or document as from time to time amended, amended and SMRH:▇▇▇▇-▇▇▇▇-▇▇▇▇.14 -2- restated, modified, extended, restated, replaced or supplemented (subject to any restrictions on such amendments, amendments and restatements, modifications, extensions, restatements, replacements and supplements set forth herein or in any other Fundamental Loan Document).

Other Definitional Provisions and References. References in this Credit Agreement to “Articles”, “Sections”, “Annexes”, “Exhibits”, “Appendices” or “Schedules” shall be to Articles, Sections, Annexes, Exhibits, Appendices Exhibits or Schedules of or to this Credit Agreement unless otherwise specifically provided. Any term defined herein may be used in the singular or plural. “Include”, “includes” and “including” shall be deemed to be followed by “without limitation.”. “Or” shall be construed to mean “and/or”. Except as otherwise specified or limited herein, references to any Person include the successors and assigns of such Person. The references References “from” or “through” any date mean, un-less unless otherwise specified, “from and including” or “through and including,” ”, respectively. References in any Fundamental Document to the knowledge (or an analogous phrase) No provision of any Borrower or Guarantor are intended to signify that such Borrower or Guarantor has actual knowledge or awareness of a particular fact or circumstance or that such Borrower or Guarantor, if it had exercised reasonable diligence, would have known or been aware Loan Documents shall be construed against any party by reason of such fact party having, or circumstancebeing deemed to have, drafted the provision. Unless otherwise specified herein, the settlement of all payments and fundings hereunder between or among the parties hereto shall be made in lawful money of the United States and in immediately available funds. Time is of the essence in Borrowers’ and Guarantors’ performance under this Credit Agreement and all other Fundamental Documents. All amounts used for purposes of financial calculations required to be made herein shall be without duplication. Except as otherwise specified or limited herein, references References to any statute or act shall include all related regulations, rules and orders current regulations and all amendments and supplements and any successor or replacement statutes, acts and regulations. References to any statute or actUnless otherwise specified herein, without additional reference, shall be deemed to refer to federal statutes and acts of the United States. References references to any agreement, instrument or document (including the Fundamental Documentsa) shall include all schedules, exhibits, annexes, appendices annexes and other attachments thereto and (b) shall be construed as referring to such agreement, instrument or other document as from time to time amended, amended and restated, modified, extended, restated, replaced supplemented or supplemented otherwise modified (subject to any restrictions on such amendments, amendments and restatements, modifications, extensions, restatements, replacements and supplements or modifications set forth herein or in any other Fundamental Loan Document). 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. Unless otherwise specified herein Dollar ($) baskets set forth in the representations and warranty, covenants and event of default provisions of this Agreement (and other similar baskets) are calculated as of each date of measurement by the Dollar Equivalent Amount thereof as of such date of measurement. Reference to a Loan Party’s “knowledge” or similar concept means actual knowledge of a senior officer, or knowledge that a senior officer could have obtained if he or she had engaged in good faith and diligent performance of his or her duties, including reasonably specific inquiries of employees or agents and a good faith attempt to ascertain the matter. In determining whether any individual event could result in a Material Adverse Effect, notwithstanding that such event in and of itself does not have such effect, a Material Adverse Effect shall be deemed to have occurred if the cumulative effect of such event and all other then-existing events could result in a Material Adverse Effect.