Common use of TERMINATION, REPLACEMENT AND RESTATEMENT Clause in Contracts

TERMINATION, REPLACEMENT AND RESTATEMENT. Subject to the conditions set forth in Section 3 hereof: (a) The Original Credit Agreement, including all schedules and exhibits thereto, is hereby terminated, subject to applicable provisions set forth therein as to the survival of certain rights and obligations, and simultaneously replaced by a new credit agreement (the "New Credit Agreement") identical in form and substance to the Original Credit Agreement, including all schedules and exhibits thereto, except as expressly set forth below. All References in the Original Credit Agreement to "this Credit Agreement", "this Agreement", or "the Credit Agreement" shall be deemed to mean the New Credit Agreement. (b) The heading of the New Credit Agreement shall read as follows: "CREDIT AGREEMENT, dated as of December 19, 2000 (this "Agreement") among (i) each fund signatory hereto (each a "Fund" and collectively, the "Funds") on behalf of itself or on behalf of each entity listed on Schedule I under the heading "Borrower", which entity is a series or portfolio of such Fund (each such series or portfolio, a "Borrower" and, collectively, the "Borrowers"), (ii) the several banks from time to time parties to this Agreement, which banks are listed on Schedule II (the "Banks"), and (iii) THE CHASE MANHATTAN BANK, a New York banking corporation, as administrative agent for the Banks hereunder (in such capacity, the "Administrative Agent");" Section 1.1 of the Original Credit Agreement is hereby modified in the New Credit Agreement by inserting the following definitions in their appropriate alphabetical order:

TERMINATION, REPLACEMENT AND RESTATEMENT. Subject to the conditions set forth in Section 3 hereof: (a) The Original Credit Agreement, including all schedules and exhibits thereto, is hereby terminated, subject to applicable provisions set forth therein as to the survival of certain rights and obligations, and simultaneously replaced by a new credit agreement (the "New Credit Agreement") identical in form and substance to the Original Credit Agreement, including all schedules and exhibits thereto, except as expressly set forth below. All References in the Original Credit Agreement to "this Credit Agreement", "this Agreement", or "the Credit Agreement" shall be deemed to mean the New Credit Agreement. (b) The heading of the New Credit Agreement shall read as follows: "CREDIT AGREEMENT, dated as of December 1917, 2000 2002 (this "Agreement") among (i) each fund signatory hereto (each a "Fund" and collectively, the "Funds") on behalf of itself or on behalf of each entity listed on Schedule I under the heading "Borrower", which entity is a series or portfolio of such Fund (each such series or portfolio, a "Borrower" and, collectively, the "Borrowers"), (ii) the several banks from time to time parties to this Agreement, which banks are listed on Schedule II (the "Banks"), and (iii) THE JPMORGAN CHASE MANHATTAN BANK, a New York banking corporation, as administrative agent for the Banks hereunder (in such capacity, the "Administrative Agent");" Section 1.1 of the Original Credit Agreement is hereby modified in the New Credit Agreement by inserting so that the following definitions read in their appropriate alphabetical orderentirety as stated below: