Common use of Certain Interpretations Clause in Contracts

Certain Interpretations. (a) When a reference is made in this Agreement to an Article or a Section, such reference is to an Article or a Section of this Agreement unless otherwise indicated. When a reference is made in this Agreement to a Schedule or Exhibit, such reference is to a Schedule or Exhibit to this Agreement, as applicable, unless otherwise indicated. (b) When used herein, (i) the words “hereof,” “herein” and “herewith” and words of similar import will, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement; and (ii) the words “include,” “includes” and “including” will be deemed in each case to be followed by the words “without limitation.” (c) Unless the context otherwise requires, “neither,” “nor,” “any,” “either” and “or” are not exclusive. (d) The word “extent” in the phrase “to the extent” means the degree to which a subject or other thing extends, and does not simply mean “if.” (e) When used in this Agreement, references to “$” or “Dollars” are references to U.S. dollars.

Appears in 34 contracts

Samples: Merger Agreement (Augmedix, Inc.), Merger Agreement (Rover Group, Inc.), Merger Agreement (New Relic, Inc.)

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Certain Interpretations. (a) When a reference is made in this Agreement to an Article or a Section, such reference is to an Article or a Section of this Agreement Agreement, as applicable, unless otherwise indicated. When a reference is made in this Agreement to a Schedule or Exhibit, such reference is to a Schedule or Exhibit to this Agreement, as applicable, unless otherwise indicated. (b) When used herein, (i) the words “hereof,” “herein” and “herewith” and words of similar import will, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement; and (ii) the words “include,” “includes” and “including” will be deemed in each case to be followed by the words “without limitation.” (c) Unless the context otherwise requires, “neither,” “nor,” “any,” “either” and “or” are not exclusive. (d) The word “extent” in the phrase “to the extent” means the degree to which a subject or other thing extends, and does not simply mean “if.” (e) When used in this Agreement, references to “$” or “Dollars” are references to U.S. dollars.

Appears in 4 contracts

Samples: Merger Agreement (Enova International, Inc.), Merger Agreement (Enova International, Inc.), Merger Agreement (Enova International, Inc.)

Certain Interpretations. (a) When a reference is made in this Agreement to an Article or a Section, such reference is to an Article or a Section of this Agreement unless otherwise indicated. When a reference is made in this Agreement to a Schedule or Exhibit, such reference is to a Schedule or Exhibit to this Agreement, as applicable, unless otherwise indicated. (b) When used herein, (i) the words “hereof,” “herein” and “herewith” and words of similar import will, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement; and (ii) the words “include,” “includes” and “including” will be deemed in each case to be followed by the words “without limitation.” (c) Unless the context otherwise requires, “neither,” “nor,” “any,” “either” and “or” are not exclusive. (d) The word “extent” in the phrase “to the extent” means the degree to which a subject or other thing extends, and does not simply mean “if.” (e) When used in this Agreement, references to “$” or “Dollars” are references to U.S. United States dollars.

Appears in 3 contracts

Samples: Merger Agreement (Otelco Inc.), Merger Agreement (Liberty Tax, Inc.), Merger Agreement (Vitamin Shoppe, Inc.)

Certain Interpretations. (a) When a reference is made in this Agreement to an Article or a Section, such reference is to an Article or a Section of this Agreement unless otherwise indicated. When a reference is made in this Agreement to a Schedule or Exhibit, such reference is to a Schedule or Exhibit to this Agreement, as applicable, unless otherwise indicated. (b) When used herein, (i) the words “hereof,” “herein” and “herewith” and words of similar import willshall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement; and (ii) the words “include,” “includes” and “including” will shall be deemed in each case to be followed by the words “without limitation.” (c) Unless the context otherwise requires, “neither,” “nor,” “any,” “either” and “or” are not exclusive. (d) The word “extent” in the phrase “to the extent” means the degree to which a subject or other thing extends, and does not simply mean “if.” (e) When used in this Agreement, references to “$” or “Dollars” are references to U.S. dollars.

Appears in 2 contracts

Samples: Series B 1 Convertible Preferred Stock Purchase Agreement (Fluidigm Corp), Series B 2 Convertible Preferred Stock Purchase Agreement (Fluidigm Corp)

Certain Interpretations. (a) When a reference is made in this Agreement to an Article or a Section, such reference is to an Article or a Section of this Agreement unless otherwise indicated. When a reference is made in this Agreement to a Schedule or Exhibit, such reference is to a Schedule or Exhibit to this Agreement, as applicable, unless otherwise indicated. (b) When used herein, (i) the words “hereof,” “herein” and “herewith” and words of similar import will, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement; and (ii) the words “include,” “includes” and “including” will be deemed in each case to be followed by the words “without limitation.” (c) Unless the context otherwise requires, “neither,” “nor,” “any,” “either” and “or” are not exclusive. (d) The word “extent” in the phrase “to the extent” means the degree to which a subject or other thing extends, and does not simply mean “if. (e) When used in this Agreement, references to “$” or “Dollars” are references to U.S. dollars.

Appears in 2 contracts

Samples: Merger Agreement, Merger Agreement (STAMPS.COM Inc)

Certain Interpretations. (a) When a reference is made in this Agreement to an Article or a Section, such reference is to an Article or a Section of this Agreement unless otherwise indicated. When a reference is made in this Agreement to a Schedule or Exhibit, such reference is to a Schedule or Exhibit to this Agreement, as applicable, unless otherwise indicated. (b) When used herein, (i) the words "hereof,” “" "herein" and "herewith" and words of similar import will, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement; and (ii) the words "include,” “" "includes" and "including" will be deemed in each case to be followed by the words "without limitation." (c) Unless the context otherwise requires, "neither,” “" "nor,” “" "any,” “" "either" and "or" are not exclusive. (d) The word "extent" in the phrase "to the extent" means the degree to which a subject or other thing extends, and does not simply mean "if." (e) When used in this Agreement, references to "$" or "Dollars" are references to U.S. dollars.

Appears in 1 contract

Samples: Merger Agreement (Marketo, Inc.)

Certain Interpretations. (a) When a reference is made in this Agreement to an Article or a Section, such reference is to an Article or a Section of this Agreement unless otherwise indicated. When a reference is made in this Agreement to a Schedule or Exhibit, such reference is to a Schedule or Exhibit to this Agreement, as applicable, unless otherwise indicated. (b) When used herein, (i) the words “hereof,” “herein” and “herewith” and words of similar import will, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement; and (ii) the words “include,” “includes” and “including” will be deemed in each case to be followed by the words “without limitation.” (c) Unless the context otherwise requires, “neither,” “nor,” “any,” “either” and “or” are not exclusive. (d) The word “extent” in the phrase “to the extent” means the degree to which a subject or other thing extends, and does not simply mean “if.” (e) When used in this Agreement, references to “$” or “Dollars” are references to U.S. dollars.

Appears in 1 contract

Samples: Investment Agreement (Cepton, Inc.)

Certain Interpretations. (a) When a reference is made in this Agreement to an Article or a Section, such reference is to an Article or a Section of this Agreement unless otherwise indicated. When a reference is made in this Agreement to a Schedule or Exhibit, such reference is to a Schedule or Exhibit to this Agreement, as applicable, unless otherwise indicated. (b) When used herein, (i) the words “hereof,” “herein” and “herewith” and words of similar import will, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement; and (ii) the words “include,” “includes” and “including” will be deemed in each case to be followed by the words “without limitation.” (c) Unless the context otherwise requires, “neither,” “nor,” “any,” “either” and “or” are not exclusive. (d) The word “extent” in the phrase “to the extent” means the degree to which a subject or other thing extends, and does not simply mean “if.” (e) When used in this Agreement, references to The word $includingmeans “including without limitation” and does not limit the preceding words or “Dollars” are references to U.S. dollarsterms.

Appears in 1 contract

Samples: Merger Agreement (PRGX Global, Inc.)

Certain Interpretations. (a) When a reference is made in this Agreement to an Article or a Section, such reference is to an Article or a Section of this Agreement unless otherwise indicated. When a reference is made in this Agreement to a Schedule or Exhibit, such reference is to a Schedule or Exhibit to this Agreement, as applicable, unless otherwise indicated. (b) When used herein, (i) the words “hereof,” “herein” and “herewith” and words of similar import will, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement; Agreement; and (ii) the words “include,” “includes” and “including” will be deemed in each case to be followed by the words “without limitation.” (c) Unless the context otherwise requires, “neither,” “nor,” “any,” “either” and “or” are not exclusive. (d) The word “extent” in the phrase “to the extent” means the degree to which a subject or other thing extends, and does not simply mean “if.” (e) When used in this Agreement, references to “$” or “Dollars” are references to U.S. dollars.

Appears in 1 contract

Samples: Merger Agreement (Thoughtworks Holding, Inc.)

Certain Interpretations. (a) When a reference is made in this Agreement to an Article or a Section, such reference is to an Article or a Section of this Agreement unless otherwise indicated. When a reference is made in this Agreement to a Schedule or Exhibit, such reference is to a Schedule or Exhibit to this Agreement, as applicable, unless otherwise indicated. (b) When used herein, (i) the words “hereof,” “herein” and “herewith” and words of similar import will, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement; Agreement and (ii) the words “include,” “includes” and “including” will be deemed in each case to be followed by the words “without limitation.” (c) Unless the context otherwise requires, “neither,” “nor,” “any,” “either” and “or” are not exclusive. (d) The word “extent” in the phrase “to the extent” means the degree to which a subject or other thing extends, and does not simply mean “if.” (e) When used in this Agreement, references to “$” or “Dollars” are references to U.S. dollars, which is the currency used for all purposes in this Agreement, except as expressly provided otherwise herein. (f) When used in this Agreement, the term “NIS” means Israeli New Shekels.

Appears in 1 contract

Samples: Merger Agreement (Tufin Software Technologies Ltd.)

Certain Interpretations. (a) When a reference is made in this Agreement to an Article or a Section, such reference is to an Article or a Section of this Agreement unless otherwise indicated. When a reference is made in this Agreement to a Schedule or Exhibit, such reference is to a Schedule or Exhibit to this Agreement, as applicable, unless otherwise indicated. (b) When used herein, (i) the words “hereof,” “herein” and “herewith” and words of similar import will, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement; and (ii) the words “include,” “includes” and “including” will be deemed in each case to be followed by the words “without limitation.” (c) The word “or” is used in the inclusive sense of “and/or.” Unless the context otherwise requires, “neither,” “nor,” “any,” “either” and “or” are not exclusive. (d) The word “extent” in the phrase “to the extent” means the degree to which a subject or other thing extends, and does such phrase will not mean simply mean “if.” (e) When used in this Agreementherein, references to “$” or “Dollars” are references to U.S. dollars.

Appears in 1 contract

Samples: Asset Purchase Agreement (FireEye, Inc.)

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Certain Interpretations. (a) When a reference is made in this Agreement to an Article or a Section, such reference is to an Article or a Section of this Agreement unless otherwise indicated. When a reference is made in this Agreement to a Schedule or Exhibit, such reference is to a Schedule or Exhibit to this Agreement, as applicable, unless otherwise indicated. (b) When used herein, (i) the words “hereof,” “herein” and “herewith” and words of similar import will, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement; and (ii) the words “include,” “includes” and “including” will be deemed in each case to be followed by the words “without limitation.” (c) Unless the context otherwise requires, “neither,” “nor,” “any,” “either” and “or” are not exclusive. (d) The word “extent” in the phrase “to the extent” means the degree to which a subject or other thing extends, extends and does not simply mean “if.” (e) When used in this Agreement, references to “$” or “Dollars” are references to U.S. dollars.

Appears in 1 contract

Samples: Investor Rights Agreement (Atlas Lithium Corp)

Certain Interpretations. (a) When a reference is made in this Agreement to an Article or a Section, such reference is to an Article or a Section of this Agreement unless otherwise indicated. When a reference is made in this Agreement to a Schedule or Exhibit, such reference is to a Schedule or Exhibit to this Agreement, as applicable, unless otherwise indicated. (b) When used herein, (i) the words “hereof,” “herein” and “herewith” and words of similar import will, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement; and (ii) the words “include,” “includes” and “including” will be deemed in each case to be followed by the words “without limitation.” (c) Unless the context otherwise requires, “neither,” “nor,” “any,” “either” and “or” are not exclusive. (d) The word “extent” in the phrase “to the extent” means the degree to which a subject or other thing extends, and does not simply mean “if.” (e) When used in this Agreementherein, references to “$” or “Dollars” are references to U.S. dollars.

Appears in 1 contract

Samples: Merger Agreement (Nutraceutical International Corp)

Certain Interpretations. (a) When a reference is made in this Agreement to an Article or a Section, such reference is to an Article or a Section of this Agreement unless otherwise indicated. When a reference is made in this Agreement to a Schedule or Exhibit, such reference is to a Schedule or Exhibit to this Agreement, as applicable, unless otherwise indicated. (b) When used herein, (i) the words “hereof,” “herein,” “hereunder” and “herewith” and words of similar import will, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement; and (ii) the words “include,” “includes” and “including” will be deemed in each case to be followed by shall have the words inclusive meaning frequently identified with the phrase “but not limited to” or “without limitation.” (c) Unless the context otherwise requires, “neither,” “nor,” “any,” “either” and “or” are not exclusive. (d) The word “extent” in the phrase “to the extent” means the degree to which a subject or other thing extends, and does not simply mean “if.” (e) When used in this Agreement, references to “$” or “Dollars” are references to U.S. dollars.

Appears in 1 contract

Samples: Merger Agreement (Paya Holdings Inc.)

Certain Interpretations. (a) When a reference is made in this Agreement to an Article or a Section, such reference is to an Article or a Section of this Agreement unless otherwise indicated. When a reference is made in this Agreement to a Schedule or Exhibit, such reference is to a Schedule or Exhibit to this Agreement, as applicable, unless otherwise indicated. (b) When used herein, (i) the words “hereof,” “herein” and “herewith” and words of similar import will, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement; and (ii) the words “include,” “includes” and “including” will be deemed in each case to be followed by the words “without limitation.” (c) Unless the context otherwise requires, “neither,” “nor,” “any,” “either” and “or” are not exclusive. (d) The word “extent” in the phrase “to the extent” means the degree to which a subject or other thing extends, and does not simply mean “if.” (e) When used in this Agreement, references to “$” or “Dollars” are references to U.S. dollars.

Appears in 1 contract

Samples: Merger Agreement (Fathom Digital Manufacturing Corp)

Certain Interpretations. (a) When a reference is made in this Agreement to an Article or a Section, such reference is to an Article or a Section of this Agreement unless otherwise indicated. When a reference is made in this Agreement to a Schedule or Exhibit, such reference is to a Schedule or Exhibit to this Agreement, as applicable, unless otherwise indicated. (b) When used herein, : (i) the words “hereof,” “herein” and “herewith” and words of similar import will, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement; and (ii) the words “include,” “includes” and “including” will be deemed in each case to be followed by the words “without limitation.” (c) Unless the context otherwise requires, “neither,” “nor,” “any,” “either” and “or” are not exclusive. (d) The word “extent” in the phrase “to the extent” means the degree to which a subject or other thing extends, and does not simply mean “if.” (e) When used in this Agreement, references to “$” or “Dollars” are references to U.S. dollars.

Appears in 1 contract

Samples: Merger Agreement

Certain Interpretations. (a) When a reference is made in this Agreement to an Article or a Section, such reference is to an Article or a Section of this Agreement unless otherwise indicated. When a reference is made in this Agreement to a Schedule or Exhibit, such reference is to a Schedule or Exhibit to this Agreement, as applicable, unless otherwise indicated. (b) When used herein, (i) the words “hereof,” “herein” and “herewith” and words of similar import will, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement; and (ii) the words “include,” “includes” and “including” will be deemed in each case to be followed by the words “without limitation.” (c) Unless the context otherwise requires, “neither,” “nor,” “any,” “either” and “or” are not exclusive. (d) The word “extent” in the phrase “to the extent” means the degree to which a subject or other thing extends, and does not simply mean “if.” (e) When used in this Agreement, references to “$” or “Dollars” are references to U.S. dollars.

Appears in 1 contract

Samples: Investment Agreement (Cepton, Inc.)

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