03Terms Generally. The definitions of terms herein shall apply equally to the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. The word “will” shall be construed to have the same meaning and effect as the word “shall”. Unless the context requires otherwise, (a) any definition of or reference to any agreement, instrument or other document herein shall be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein), (b) any reference herein to any Person shall be construed to include such Person’s successors and assigns, (c) the words “herein”, “hereof” and “hereunder”, and words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof, (d) all references herein to Articles, Sections, Exhibits and Schedules shall be construed to refer to Articles and Sections of, and Exhibits and Schedules to, this Agreement, (e) any reference in any definition to the phrase “at any time” or “for any period” shall refer to the same time or period for all calculations or determinations within such definition, and (f) 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.
03Terms Generally. The definitions of terms herein shall apply equally to the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” The word “will” shall be construed to have the same meaning and effect as the word “shall.” Unless the context requires otherwise, (a) any definition of or reference to any agreement (including this Agreement and the other Loan Documents), instrument or other document herein shall be construed as referring to such agreement, instrument or other document as from time to time amended, amended and restated, supplemented or otherwise modified (subject to any restrictions on such amendments, restatements, supplements or other modifications set forth herein), (b) any reference herein to any Person shall be construed to include such Person’s successors and assigns (subject to any restrictions on assignment set forth herein) and, in the case of any Governmental Authority, any other Governmental Authority that shall have succeeded to any or all functions thereof, (c) the words “herein,” “hereof” and “hereunder,” and words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof, (d) 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, (e) all references herein to Articles, Sections, Exhibits and Schedules shall be construed to refer to Articles and Sections of, and Exhibits and Schedules to, this Agreement, and (f) 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. With respect to the determination of any time period, the word “from” means “from and including” and the word “to” means “to but excluding”.
03Terms Generally. (a)The definitions inSection 1.01 shall apply equally to both the singular and plural forms of theterms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminineand neuter forms. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase“without limitation.” All references herein to Articles, Sections, Exhibits and Schedules shall be deemed referencesto Articles and Sections of, and Exhibits and Schedules to, this Agreement unless the context shall otherwise require.Except as otherwise expressly provided herein, (i) any reference in this Agreement to any Loan Document meanssuch document as amended, restated, supplemented or otherwise modified from time to time and (ii) all terms of anaccounting or financial nature shall be construed in accordance with GAAP, as in effect from time to time;providedthat for purposes of determining compliance with the covenants contained inArticle VI , all accounting terms hereinshall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP as in effecton the Closing Date and applied on a basis consistent with the application used in the financial statements referred toin Section 3.05 ; provided, further, that all leases of any Person that are or would be characterized as operating leasesin accordance with GAAP prior to giving effect to FASB Accounting Standards Update ASU 2016-02 (whether ornot such operating leases were in effect at the time of effectiveness thereof) shall continue to be accounted for asoperating leases (and not as Capital Lease Obligations) for purposes of this Agreement regardless of FASBAccounting Standards Update ASU 2016-02 or any change in GAAP following the Closing Date that wouldotherwise require such leases to be recharacterized as Capital Lease Obligations. Without limiting the foregoing, allreferences to a “Capital Lease Obligation” or “Capital Leases Obligations” shall be understood to be a reference to a“Financing Lease” or “Financing Leases” where such nomenclature is consistent with GAAP.(b)If any payment under this Agreement or any other Loan Document shall be due on any day that isnot a Business Day, the date for payment shall be extended to the next succeeding Business Day, and in the case ofany payment accruing interest, interest thereon shall be paid for the period of such extension.Section 1.04UCC Terms .. Terms defined in the UCC in effect on the Closing Date and no...
03Terms Generally. The definitions of terms herein shall apply equally to the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without
