Certain Interpretations. 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 to any law, rule or regulation herein shall be construed as referring to any amendment or modification of such law, rule or regulation, (c) any reference herein to any Person shall be construed to include such Person’s permitted successors and assigns, (d) the words “herein”, “hereof” and “hereunder”, and words of similar import, shall be construed to refer to this Note in its entirety and not to any particular provision hereof, (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, except as otherwise expressly provided, 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.
Appears in 16 contracts
Samples: Convertible Note (Claimsnet Com Inc), Convertible Note (Claimsnet Com Inc), Convertible Note (Claimsnet Com Inc)
Certain Interpretations. 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 to any law, rule or regulation herein shall be construed as referring to any amendment or modification of such law, rule or regulation, (c) any reference herein to any Person shall be construed to include such Person’s 's permitted successors and assigns, (d) the words “"herein”", “"hereof” " and “"hereunder”", and words of similar import, shall be construed to refer to this Note in its entirety and not to any particular provision hereof, (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, except as otherwise expressly provided, 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.
Appears in 1 contract
Certain Interpretations. (a) When a reference is made in this Agreement to an Article or a Section, such reference shall be to an Article or a Section of this Agreement unless otherwise indicated. The definitions words “hereof,” “herein” and “herewith” and words of terms herein shall apply equally similar import shall, unless otherwise stated, be construed to the singular refer to this Agreement as a whole and plural forms not to any particular provision of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. this Agreement.
(b) The words “include”, “includes” and “including” when used herein shall be deemed in each case to be followed by the phrase words “without limitation”.”
(c) The word “will” meaning assigned to each term defined herein shall be construed equally applicable to both the singular and the plural forms of such term, and words denoting any gender shall include all genders. Where a word or phrase is defined herein, each of its other grammatical forms shall have a corresponding meaning.
(d) The headings set forth in this Agreement are for reference purposes only and shall not affect in any way the same meaning or interpretation of this Agreement.
(e) All references in this Agreement to a legal entity (including the Company) shall be deemed to refer to such entity and effect as the word “shall”. Unless its Subsidiaries unless the context requires otherwise requires.
(af) any definition All references in this Agreement to the Subsidiaries of or a legal entity shall be deemed to include all direct and indirect Subsidiaries of such entity.
(g) A reference to any agreement, instrument party to this Agreement or any other agreement or document herein shall be construed as referring to include such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified party’s successors and permitted assigns.
(subject to any restrictions on such amendments, supplements or modifications set forth herein), (bh) any A reference to any law, rule specific legislation or regulation herein shall be construed as referring to any provision of any legislation shall include any amendment to, and any modification or modification of such lawre-enactment thereof, rule any legislative provision substituted therefor and all regulations and statutory instruments issued thereunder or regulation, pursuant thereto.
(ci) any reference herein References to any Person shall be construed to include such Person’s permitted successors and assigns, (d) the words “herein”, “hereof$” and “hereunder”, and words of similar import, shall be construed Dollars” are to refer to this Note in its entirety and not to any particular provision hereof, (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, except as otherwise expressly provided, 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 rightsU.S. dollars.
Appears in 1 contract
Samples: Share Purchase Agreement (JFrog LTD)
Certain Interpretations. 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 to any law, rule or regulation herein shall be construed as referring to any amendment or modification of such law, rule or regulation, (c) any reference herein to any Person shall be construed to include such Person’s 's permitted successors and assigns, (d) the words “"herein”", “"hereof” " and “"hereunder”", and words of similar import, shall be construed to refer to this Note in its entirety and not to any particular provision hereof, (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 AgreementNote, except as otherwise expressly provided, 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.
Appears in 1 contract
Certain Interpretations. The definitions Except as otherwise expressly provided in this Agreement or as the context otherwise requires, the following rules of terms herein shall interpretation apply equally to this Agreement: (a) the singular includes the plural and the plural forms of includes the terms defined. Whenever singular; (b) “or” and “any” are not exclusive, “or” means “and/or” and the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. The words “include”, “includes” and “including,” shall and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the phrase words “without limitation.;” The word (c) the terms “will” shall and “shall” will be construed deemed to have the same meaning and effect as the word “shall”. Unless the context requires otherwise meaning; (ad) any definition of or a 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 contract includes permitted supplements and amendments; (subject to any restrictions on such amendments, supplements or modifications set forth herein), (be) any a reference to any law, rule or regulation herein shall be construed as referring to Applicable Law includes any amendment or modification to such Applicable Law; (f) a reference to a Person includes its successors, heirs and permitted assigns; (g) a reference to one gender will include any other gender; (h) a reference in this Agreement to an Article, Section or Schedule is to the referenced Article, Section or Schedule of such lawthis Agreement, rule or regulation, unless expressly specified otherwise; (ci) any reference herein to any Person shall be construed to include such Person’s permitted successors and assigns, (d) the words “herein”, hereunder,” “hereof,” and “hereunder”, and words of similar import, shall import will be construed to refer deemed references to this Note in its entirety Agreement as a whole and not to any particular provision hereofArticle, Section or other provision; (ej) all references herein unless otherwise provided herein, any reference to Articles“days” means calendar days; (k) “extent” in the phrase “to the extent” means the degree to which a subject or other thing extends, Sections, Exhibits and Schedules such phrase does not necessarily mean simply “if”; (l) the phrase “non-refundable and non-creditable” will in no way limit either Party’s right to pursue or receive damages in connection with any breach of this Agreement; and (m) a list or phrases with an oxford comma shall be construed to refer to Articles and Sections of, and Exhibits and Schedules to, this Agreement, except as otherwise expressly provided, and (f) the words “asset” and “property” shall be construed to have read in the same meaning and effect and to refer to any and all tangible and intangible assets and properties, including cash, securities, accounts and contract rightsway as a list without an oxford comma.
Appears in 1 contract
Samples: Collaboration and License Agreement (Relay Therapeutics, Inc.)
Certain Interpretations. The definitions Except as otherwise expressly provided in this Agreement or as the context otherwise requires, the following rules of terms herein shall interpretation apply equally to this Agreement: (a) the singular includes the plural and the plural forms of includes the terms defined. Whenever singular; (b) “or” and “any” are not exclusive and the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. The words “include”, “includes” and “including,” and variations thereof, shall not be deemed to be terms of limitation, but rather shall be deemed to be followed by the phrase words “without limitation.;” The word (c) the terms “will” and “shall” shall be construed deemed to have the same meaning and effect as the word “shall”. Unless the context requires otherwise meaning; (ad) any definition of or a 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 contract includes permitted supplements and amendments; (subject to any restrictions on such amendments, supplements or modifications set forth herein), (be) any a reference to any law, rule or regulation herein shall be construed as referring to Applicable Law includes any amendment or modification to such Applicable Law; (f) a reference to a Person includes its successors, heirs and permitted assigns; (g) a reference to one gender shall include any other gender; (h) a reference in this Agreement to an Article, Section or Schedule is to the referenced Article, Section or Schedule of such lawthis Agreement, rule or regulation, unless expressly specified otherwise; (ci) any reference herein to any Person shall be construed to include such Person’s permitted successors and assigns, (d) the words “herein”, hereunder,” “hereof,” and “hereunder”, and words of similar import, import shall be construed to refer deemed references to this Note in its entirety Agreement as a whole and not to any particular provision hereofArticle, Section or other provision; (ej) all references herein unless otherwise provided herein, any reference to Articles, Sections, Exhibits and Schedules shall be construed “days” means calendar days; (k) “extent” in the phrase “to refer the extent” means the degree to Articles and Sections ofwhich a subject or other thing extends, and Exhibits such phrase does not necessarily mean simply “if”; and Schedules to, (l) the phrase “non-refundable and non-creditable” shall in no way limit either Party’s right to pursue or receive damages in connection with any breach of this Agreement, except as otherwise expressly provided, 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.
Appears in 1 contract
Samples: Master Collaboration Agreement (Scholar Rock Holding Corp)