Additional Rules of Construction. The following provisions shall be applied wherever appropriate herein:
(a) “herein,” “hereby,” “hereunder,” “hereof” and other equivalent words shall refer to this Agreement as an entirety and not solely to the particular portion of this Agreement in which any such word is used;
(b) all definitions set forth herein shall be deemed applicable whether the words defined are used herein in the singular or the plural;
(c) all pronouns and any variations thereof refer to the masculine, feminine or neuter, singular or plural, as the context may require;
(d) the words “include” and “including” and variations thereof shall not be deemed terms of limitation, but rather shall be deemed to be followed by the words “without limitation”;
(e) all accounting terms not specifically defined herein shall be construed in accordance with GAAP;
(f) the captions and descriptive headings herein are included for convenience of reference only and shall be ignored in the construction or interpretation hereof;
(g) any references herein to a particular Section, Article, Annex or Schedule means a Section or Article of, or an Annex or Schedule to, this Agreement unless another agreement is specified;
(h) the Annex and Schedules attached hereto are incorporated herein by reference and shall be considered part of this Agreement as if fully set forth herein; and
(i) all references to “$” or “Dollars” shall mean United States Dollars.
Additional Rules of Construction. The words “including,” “includes,” and “include” are deemed to be followed by the words “without limitation”; the words “herein,” “hereof,” “hereto,” “hereunder,” and others of similar import refer to this Agreement as a whole and not to any particular section, subsection, paragraph, or clause contained in this Agreement, unless the context requires otherwise. Whenever from the context it is appropriate, each term stated in either the singular or plural shall include both the singular and plural, and each pronoun stated in the masculine, feminine, or neuter includes the masculine, feminine, and neuter. “Or” means and/or and the singular includes the plural. Similarly, “and” means and/or and the plural includes the singular.
Additional Rules of Construction. Any term used in this Settlement Agreement that is not defined herein shall have the meaning assigned to that term and shall be construed in accordance with the rules of construction under the laws of the State of New York. The words “herein,” “hereof,” “hereto,” “hereunder,” and others of similar import refer to this Settlement Agreement as a whole and not to any particular section, subsection, paragraph, or clause contained in this Settlement Agreement, unless the context requires otherwise. Whenever from the context it is appropriate, each term stated in either the singular or plural shall include both the singular and plural, and each pronoun stated in the masculine, feminine, or neuter includes the masculine, feminine, and neuter. “Or” means and/or and the singular includes the plural. Similarly, “and” means and/or and the plural includes the singular.
Additional Rules of Construction. The following provisions shall be applied wherever appropriate herein:
Additional Rules of Construction. (a) For purposes of determining compliance at any time with Sections 7.01 and 7.02, in the event that any Lien or any Indebtedness meets the criteria of more than one of the categories of transactions or items permitted pursuant to any clause of such Sections 7.01 and 7.02, the Borrower, in its sole discretion, may classify or reclassify such transaction or item (or portion thereof) and will only be required to include the amount and type of such transaction (or portion thereof) in any one category. All references in Sections 2.19, 7.01, 7.02, 7.04, 7.06, 7.07, 7.12 and 7.14 to any Dollar amount shall be determined from and after the Amendment No. 2
Additional Rules of Construction. The terms and provisions of this Agreement are binding on the parties hereto; PROVIDED HOWEVER, that to the extent that a description in this Agreement of another agreement (whether an Operative Document or otherwise) conflicts with or differs from the provisions of that agreement, then the provisions of that agreement shall control as to such conflict or difference.
Additional Rules of Construction. Except as otherwise expressly provided herein, any reference in this Agreement to any Loan Document or other agreement or instrument shall mean such Loan Document, agreement or instrument as amended, restated, supplemented or otherwise modified from time to time and any reference in this Agreement to any Person shall include a reference to such Person’s successors-in-interest.
Additional Rules of Construction. Unless the context otherwise requires:
1. 44.1 a term has the meaning assigned to it;
Additional Rules of Construction. The words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless the context clearly requires otherwise (1) the plural and singular numbers shall each be deemed to include the other; (2) the masculine, feminine and neuter genders shall each be deemed to include the others; (3) “shall”, “will” or “agrees” are mandatory and “may” is permissive; (4) “or” is not exclusive, and (5) “includes” and “including” are not limiting and mean “without limitation.”
Additional Rules of Construction. References in this MOA to "Persons" shall include individuals and legal entities, of whatever form. The words "hereof," "herein" and "hereunder" and words of similar import when used in this MOA shall refer to this MOA as a whole and not to any particular provision of this MOA. Unless the context clearly requires otherwise (1) the plural and singular numbers shall each be deemed to include the other; (2) the masculine, feminine and neuter genders shall each be deemed to include the others; (3) "shall," "will" or "agrees" are mandatory and "may" is permissive; (4) "or" is not exclusive, and (5) "includes" and "including" are not limiting and mean "without limitation."
