Common use of Year 2000 Compliance Clause in Contracts

Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its and each of its Subsidiaries' business and operations (including those affected by suppliers, vendors and customers) that could reasonably be expected to be adversely affected by the "Year 2000 Problem" (that is, the risk that computer hardware and software applications used by the Borrower or any of its Subsidiaries (or material suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and time line for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. Based on the foregoing, the Borrower believes that all computer hardware and software applications (including those of its suppliers, vendors and customers) that are material to its or any of its Subsidiaries' business and operations are reasonably expected on a timely basis to be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 Compliant"), except to the extent that a failure to do so could not reasonably be expected to have a Material Adverse Effect.

Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its and each of its SubsidiariesConsolidated Entities' business and operations (including those affected by suppliers, vendors vendors, and customers) that could reasonably be expected to be adversely affected by the "Year 2000 Problem" (that is, the risk that computer hardware and software applications used by the Borrower or any of its Subsidiaries Consolidated Entities (or material suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and time line timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. Based on the foregoing, the Borrower believes that all computer hardware and software applications (including those of its suppliers, vendors and customers) that are material to its or any of its SubsidiariesConsolidated Entities' business and operations are reasonably expected on a timely basis to be able to perform properly proper date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 Compliantcompliant"), except to the extent that a failure to do so could not reasonably be expected to have a Material Adverse Effect.

Year 2000 Compliance. (a) The Borrower has Borrowers are: (i) initiated developing a review and assessment program of all areas within its with their and each of its their Subsidiaries' business businesses and operations (including those affected by suppliers, vendors suppliers and customersvendors) that could reasonably be expected to be adversely affected by the "Year 2000 Problem" (that is, the risk that computer hardware and software applications (as well as imbedded microchips) used by the Borrower Borrowers or any of its their Subsidiaries (or material suppliers, vendors any of their suppliers and customersvendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), ; (ii) developed developing a plan and time line a timetable for addressing the Year 2000 Problem on a timely basis, ; and (iii) to date, implemented implementing that plan in accordance with that timetable. Based on the foregoing, the Borrower believes . (b) The Borrowers reasonably believe that all computer hardware and software applications (including those of its suppliers, vendors their suppliers and customersvendors) that are material to its their or any of its their Subsidiaries' business businesses and operations are reasonably expected will, on a timely basis to basis, be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 2000, (that is, be "Year 2000 Compliant"), except to the extent that a failure to do so could not reasonably be expected to have a Material Adverse Effect.

Year 2000 Compliance. (a) The Borrower has (i) initiated a review and assessment of all areas within its and each of its Subsidiaries' business and operations (including those affected by suppliers, vendors suppliers and customersvendors) that could reasonably be expected to be adversely affected by the "Year 2000 Problem" (that is, the risk that computer hardware and software applications (as well as imbedded microchips) used by the Borrower or any of its Subsidiaries (or material suppliers, vendors its suppliers and customersvendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and time line for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. Based on the foregoing, the . (b) The Borrower reasonably believes that all computer hardware and software applications (including those of its suppliers, vendors and customersits Subsidiaries' suppliers and vendors) that are material to its or any of its Subsidiaries' business and operations are reasonably expected will on a timely basis to be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 Compliant"), except to the extent that a failure to do so could not reasonably be expected to have a Material Adverse Effect.

Year 2000 Compliance. The Borrower has (ia) initiated a review and assessment of all the areas within its and each of its Subsidiaries' business and operations (including those affected by suppliers, its material suppliers and vendors and customersother than the Lenders) that could reasonably be expected to be materially adversely affected by the "Year 2000 Problem" (that is, the risk that computer hardware and software applications used by the Borrower or any of its Subsidiaries (or its material suppliers, suppliers and vendors and customersother than the Lenders) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (iib) developed a plan and time line timeline for addressing the Year 2000 Problem on a timely basis, and (iiic) to date, implemented that plan substantially in accordance with that timetable. Based on the foregoing, the The Borrower reasonably believes that all computer hardware and software applications (including those of its suppliers, material suppliers and vendors and customersother than the Lenders) that are material to its or any of its Subsidiaries' business and operations are reasonably expected will on a timely basis to be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 Compliant"), except to the extent that a failure to do so could not reasonably be expected to have a Material Adverse Effect". (i) Section 5.14(c) of the Credit Agreement is hereby amended to read as follows:

Year 2000 Compliance. The Borrower has has (i) initiated a review and assessment of all areas within its and each of its Subsidiaries' business and operations (including those affected by suppliers, vendors and customers) that could reasonably be expected to be adversely affected by the "Year 2000 Problem" (that is, the risk that computer hardware and software applications used by ----------------- the Borrower or any of its Subsidiaries (or material suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and time line timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. Based on the foregoing, the Borrower believes that all computer hardware and software applications (including those of its suppliers, vendors and customerscustomers (other than any Governmental Authority or any Lender)) that are material to its or any of its Subsidiaries' business and operations are reasonably expected on a timely basis to be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 Compliant"), except to ------------------- the extent that a failure to do so could not reasonably be expected to have a Material Adverse Effect.

Year 2000 Compliance. The Borrower has has: (i) initiated a review and assessment of all areas within its the business and operations of Borrower and each of its Subsidiaries' business respective affiliates, subsidiaries and operations other related entities (the "Related Entities"), including those areas affected by supplierssuppliers and vendors, vendors and customers) that could reasonably be expected to be adversely affected by the "Year 2000 Problem" (that is, the risk that computer hardware and software applications used by the Borrower or any of its Subsidiaries (respective Related Entities or material suppliers, its respective suppliers and vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), ; (ii) developed a plan and time line a timetable for addressing the Year 2000 Problem on a timely basis, ; and (iii) to date, implemented that plan in accordance with that timetable. Based on the foregoing, the Borrower reasonably believes that all computer hardware and software applications (including those of its suppliers, vendors their suppliers and customersvendors) that are material to its the business and operations of Borrower or any of its Subsidiaries' business and operations are reasonably expected Related Entities will, on a timely basis to basis, be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 Compliantcompliant"), except to the extent that a failure to do so could not reasonably be expected to have a Material Adverse Effectmaterial adverse effect on the business, operations, creditworthiness or financial status of Borrower or any of its Related Entities.

Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its and each of its North American Subsidiaries' business and operations (including those affected by material suppliers, vendors and customers) that could reasonably be expected to be adversely affected by the "Year 2000 Problem" (that is, the risk that computer hardware and software applications used by the Borrower or any of its North American Subsidiaries (or material suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and time line timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. Based on the foregoing, the Borrower believes that all computer hardware and software applications (including those of its material suppliers, vendors and customers) that are material to its or any of its North American Subsidiaries' business and operations are reasonably expected on a timely basis to be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 Compliant"), except to the extent that a failure to do so could would not reasonably be expected to have a Material Adverse Effect.

Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its the Borrower's and each of its Subsidiaries' respective business and operations (including those affected by suppliers, vendors and customers) that could reasonably be expected to be adversely affected by the "Year 2000 Problem" (that is, the risk that computer hardware and software applications used by the Borrower or any of its Subsidiaries (or material suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date on or after December 31, 1999), (ii) developed a plan and time line timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetable. Based on the foregoing, the Borrower believes that all computer hardware and software applications (including those of its suppliers, vendors and customers) that are material to its the Borrower's or any of its Subsidiaries' business and operations are reasonably expected on a timely basis to be able to perform properly date-sensitive functions for all dates before before, on and after January 1, 2000 (that is, be "Year 2000 Compliant"), except to the extent that a failure to do so could not reasonably be expected to have a Material Materially Adverse Effect.

Year 2000 Compliance. The Borrower Lessee has (i) initiated a review and assessment of all areas within its and each of its Subsidiaries' Subsidiaries business and operations (including those affected by suppliers, vendors and customers) that could reasonably be expected to be adversely affected in any material respect by the "Year AYear 2000 Problem" Problem (that is, the risk that computer hardware and software applications used by the Borrower Company or any of its Subsidiaries (or material suppliers, vendors and customers) may be unable to recognize and perform properly date-date- sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and time line for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan substantially in accordance with that timetable. Based on the foregoing, the Borrower Lessee reasonably believes that all computer hardware and software applications (including those of its suppliers, vendors and customers) that are material to its or any of its Subsidiaries' Subsidiaries business and operations are reasonably expected on a timely basis to be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 Compliant"), except to the extent that a failure any failures to do so singly or in the aggregate could not reasonably be expected to have a Material Adverse Effect.

Year 2000 Compliance. The Borrower Company has (i) initiated a review and assessment of all areas within its and each of its Subsidiaries' business and operations (including those affected by suppliers, vendors and customers) that could reasonably be expected to be adversely affected affect in any material respect by the "Year 2000 Problem" (that is, the risk that computer hardware and software applications used by the Borrower Company or any of its Subsidiaries (or material suppliers, vendors and customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and time line for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan substantially in accordance with that timetable. Based on the foregoing, the Borrower Company reasonably believes that all computer hardware and software applications (including those of its suppliers, vendors and customers) that are material to its or any of its Subsidiaries' business and operations are reasonably expected on a timely basis to be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year 2000 Compliantcompliant"), except to the extent that a failure any failures to do so singly or in the aggregate could not reasonably be expected to have a Material Adverse Effect.

Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its and each of its Subsidiaries' business and operations (including those affected by suppliers, vendors suppliers and customersvendors) that could reasonably be expected to be adversely affected by the "Year YEAR 2000 ProblemPROBLEM" (that is, the risk that computer hardware and software applications used by the Borrower or any of its Subsidiaries (or material suppliers, vendors its suppliers and customersvendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and time line timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan in accordance with that timetabletimetable (except to the extent that a failure to do so could not reasonably be expected to constitute a Material Adverse Event). Based on the foregoing, the Borrower reasonably believes that all computer hardware and software applications (including those of its suppliers, vendors suppliers and customersvendors) that are material to its or any of its Subsidiaries' business and operations are reasonably expected will on a timely basis to be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year YEAR 2000 CompliantCOMPLIANT"), except to the extent that a failure to do so could not reasonably be expected to have a Material Adverse Effect.

Year 2000 Compliance. (a) The Borrower has is: (i) initiated developing a review and assessment program of all areas within with its and each of its Subsidiaries' business businesses and operations (including those affected by suppliers, vendors suppliers and customersvendors) that could reasonably be expected to be adversely affected by the "Year YEAR 2000 ProblemPROBLEM" (that is, the risk that computer hardware and software applications (as well as imbedded microchips) used by the Borrower or any of its Subsidiaries (or material suppliers, vendors any of their suppliers and customersvendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), ; (ii) developed developing a plan and time line a timetable for addressing the Year 2000 Problem on a timely basis, ; and (iii) to date, implemented implementing that plan in accordance with that timetable. Based on the foregoing, the . (b) The Borrower reasonably believes that all computer hardware and software applications (including those of its suppliers, vendors their suppliers and customersvendors) that are material to its or any of its Subsidiaries' business businesses and operations are reasonably expected will, on a timely basis to basis, be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year YEAR 2000 CompliantCOMPLIANT"), except to the extent that a failure to do so could not reasonably be expected to have a Material Adverse Effect."

Year 2000 Compliance. The Borrower has (i) initiated a review and assessment of all areas within its and each of its Subsidiaries' business and operations (including including, without limitation, those affected by service suppliers, key vendors and significant customers) that could reasonably be expected to be adversely affected by the "Year 2000 Problem" (that is, the risk that computer hardware and software applications used by the Borrower or any of its Subsidiaries (or material service suppliers, key vendors and significant customers) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), (ii) developed a plan and time line timeline for addressing the Year 2000 Problem on a timely basis, and (iii) to date, implemented that plan substantially in accordance with that timetable. Based on the foregoing, the Borrower believes that all computer hardware and software applications (including including, without limitation, those of its service suppliers, key vendors and significant customers) that are material to its or any of its Subsidiaries' business and operations are reasonably expected on a timely basis to be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 (that is, be "Year Yea 2000 Compliantready"), except to the extent that a failure to do so could would not reasonably be expected to have a Material Adverse Effect. 1.13 Section 8.01. The portion of Section 8.01 of the Agreement set forth prior to Section 8.01(a) of the Agreement is hereby amended to read as follows:

Year 2000 Compliance. (a) The Borrower has is: (i) initiated developing a review and assessment program of all areas within with its and each of its Subsidiaries' business businesses and operations (including those affected by suppliers, vendors suppliers and customersvendors) that could reasonably be expected to be adversely affected by the "Year 2000 Problem" (that is, the risk that computer hardware and software applications (as well as imbedded microchips) used by the Borrower or any of its Subsidiaries (or material suppliers, vendors any of their suppliers and customersvendors) may be unable to recognize and perform properly date-sensitive functions involving certain dates prior to and any date after December 31, 1999), ; (ii) developed developing a plan and time line a timetable for addressing the Year 2000 Problem on a timely basis, ; and (iii) to date, implemented implementing that plan in accordance with that timetable. Based on the foregoing, the . (b) The Borrower reasonably believes that all computer hardware and software applications (including those of its suppliers, vendors their suppliers and customersvendors) that are material to its or any of its Subsidiaries' business businesses and operations are reasonably expected will, on a timely basis to basis, be able to perform properly date-sensitive functions for all dates before and after January 1, 2000 2000, (that is, be "Year 2000 Compliant"), except to the extent that a failure to do so could not reasonably be expected to have a Material Adverse Effect."