Common use of Certain Definitions Construction Clause in Contracts

Certain Definitions Construction. 1.2.1 In this Agreement, unless the context otherwise requires, defined terms used herein shall have the meanings ascribed to them in Schedule 2 hereto. 1.2.2 The headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement. 1.2.3 The Schedules form part of this Agreement and shall have the same force and effect as if expressly set out in the body of this Agreement and any reference to this Agreement shall include the Schedules. 1.2.4 Except where the context otherwise requires, in this Agreement: (1) references to “Sections” and “Schedules” are to clauses of and schedules to this Agreement; (2) the terms “herein”, “hereof”, “hereto”, “hereinafter” and similar terms shall in each case refer to this Agreement as a whole and not to any particular clause, paragraph, sentence, schedule or other subdivision of this Agreement; (3) the term “or” is not exclusive; (4) the terms “purchase” and “purchaser”, when used in relation to the Shares, shall include, respectively, a subscription for the Shares and a subscriber for the Shares, and the term “purchase”, when used herein, shall include references to purchase and procurement of purchasers to purchase, as appropriate; (5) the terms “sell” and “sale”, when used in relation to the Shares, shall include an allotment or issuance of the Shares by the Company; (6) references to any statute or statutory provisions, or rules or regulations (whether or not having the force of law), shall be construed as references to the same as amended, varied, modified, consolidated, re-enacted and/or replaced from time to time (whether before or after the date of this Agreement) and to any subordinate legislation made under such statutes or statutory provisions; (7) references to “persons” shall include natural persons, bodies corporate, unincorporated associations and partnerships; (8) references to a “subsidiary” or “holding company” shall be the same as defined in Section 15 and Section 13, respectively, of the Companies Ordinance; (9) unless otherwise specified, references to an “affiliate” or “affiliated”, in relation to any person, shall be to any other person which directly or indirectly through one or more intermediaries controls or is controlled by or is under common control with such person; for the purposes of the foregoing, “control” means the power, directly or indirectly, to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract or otherwise, and “controlled by” and “under common control with” shall be construed accordingly; (10) unless otherwise specified, references to times of day and dates are to Hong Kong times and dates, respectively; and (11) any reference to the singular shall include the plural and vice versa.

Certain Definitions Construction. 1.2.1 In this Agreement, unless the context otherwise requires, defined terms used herein shall have the meanings ascribed to them in Schedule 2 hereto. 1.2.2 The headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement. 1.2.3 The Schedules form part of this Agreement and shall have the same force and effect as if expressly set out in the body of this Agreement and any reference to this Agreement shall include the Schedules. 1.2.4 Except where the context otherwise requires, in this Agreement: (1) references to “SectionsClauses” and “Schedules” are to clauses of and schedules to this Agreement; (2) the terms “herein”, “hereof”, “hereto”, “hereinafter” and similar terms shall in each case refer to this Agreement as a whole and not to any particular clause, paragraph, sentence, schedule or other subdivision of this Agreement; (3) the term “or” is not exclusive; (4) the terms “purchase” and “purchaser”, when used in relation to the Shares, shall include, respectively, a subscription for the Shares and a subscriber for the Shares, and the term “purchase”, when used herein, shall include references to purchase and procurement of purchasers to purchase, as appropriate; (5) the terms “sell” and “sale”, when used in relation to the Shares, shall include an allotment or issuance of the Shares by the Company; (6) references to any statute or statutory provisions, or rules or regulations (whether or not having the force of law), shall be construed as references to the same as amended, varied, modified, consolidated, re-enacted and/or replaced from time to time (whether before or after the date of this Agreement) and to any subordinate legislation made under such statutes or statutory provisions; (7) references to “persons” shall include natural persons, bodies corporate, unincorporated associations and partnerships; (8) references to a “subsidiary” or “holding company” shall be the same as defined in Section 15 and Section 13, respectively, of the Companies Ordinance; (9) unless otherwise specified, references to an “affiliate” or “affiliated”, in relation to any person, shall be to any other person which directly or indirectly through one or more intermediaries controls or is controlled by or is under common control with such person; for the purposes of the foregoing, “control” means the power, directly or indirectly, to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract or otherwise, and “controlled by” and “under common control with” shall be construed accordingly; (10) unless otherwise specified, references to times of day and dates are to Hong Kong times and dates, respectively; and (11) any reference to the singular shall include the plural and vice versa.

Certain Definitions Construction. 1.2.1 In this Agreement, unless the context otherwise requires, defined terms used herein shall have the meanings ascribed to them in Schedule 2 hereto. 1.2.2 . The headings in this Agreement are for convenience only and shall not affect the interpretation of this Agreement. 1.2.3 . The Schedules form part of this Agreement and shall have the same force and effect as if expressly set out in the body of this Agreement and any reference to this Agreement shall include the Schedules. 1.2.4 . Except where the context otherwise requires, in this Agreement: (1) : references to “SectionsClauses” and “Schedules” are to clauses of and schedules to this Agreement; (2) ; the terms “herein”, “hereof”, “hereto”, “hereinafter” and similar terms shall in each case refer to this Agreement as a whole and not to any particular clause, paragraph, sentence, schedule or other subdivision of this Agreement; (3) ; the term “or” is not exclusive; (4) ; the terms “purchase” and “purchaser”, when used in relation to the Shares, shall include, respectively, a subscription for the Shares and a subscriber for the Shares, and the term “purchase”, when used herein, shall include references to purchase and procurement of purchasers to purchase, as appropriate; (5) ; the terms “sell” and “sale”, when used in relation to the Shares, shall include an allotment or issuance of the Shares by the Company; (6) ; references to any statute or statutory provisions, or rules or regulations (whether or not having the force of law), shall be construed as references to the same as amended, varied, modified, consolidated, re-enacted and/or replaced from time to time (whether before or after the date of this Agreement) and to any subordinate legislation made under such statutes or statutory provisions; (7) ; references to “persons” shall include natural persons, bodies corporate, unincorporated associations and partnerships; (8) ; references to a “subsidiary” or “holding company” shall be the same as defined in Section 15 and Section 13, respectively, of the Companies Ordinance; (9) unless otherwise specified, ; references to an “affiliate” or “affiliated”, in relation to any person, shall be to any other person which directly or indirectly through one or more intermediaries controls or is controlled by or is under common control with such person; for the purposes of the foregoing, “control” means the power, directly or indirectly, to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract or otherwise, and “controlled by” and “under common control with” shall be construed accordingly; (10) ; unless otherwise specified, references to times of day and dates are to Hong Kong times and dates, respectively; and (11) and any reference to the singular shall include the plural and vice versa. Hong Kong Public Offering Underwriting Commitment: Each of the Hong Kong Underwriters agrees with the other Hong Kong Underwriters severally (and not jointly or jointly and severally) that it accepts its Hong Kong Public Offering Underwriting Commitment (subject to any reallocation and adjustment as referred to in this Agreement and/or the Hong Kong Underwriting Agreement) and confirms it will execute, or ratify (as the case may be) the execution of, the Hong Kong Underwriting Agreement (with such variations as the Global Coordinator shall in its sole judgment consider not to have a material adverse effect upon the interests of such Hong Kong Underwriter) and put in place the necessary arrangements for doing so.