Certain Interpretive Matters. Unless the context of this Agreement otherwise requires, (1) “it” or “its” or words of any gender include each other gender, (2) words using the singular or plural number also include the plural or singular number, respectively, (3) the terms “hereof,” “herein,” “hereby” and derivative or similar words refer to this entire Agreement, (4) the terms “Article,” “Section,” “Annex” or “Exhibit” refer to the specified Article, Section, Annex or Exhibit of or to this Agreement, (5) the terms “include,” “includes” and “including” will be deemed to be followed by the words “without limitation” (whether or not so expressed), and (6) the word “or” is disjunctive but not exclusive. Whenever this Agreement refers to a number of days, such number will refer to calendar days unless business days are specified and whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-business day, then such period or date will be extended until the immediately following business day. As used herein, “business day” means any day other than Saturday, Sunday or a United States federal holiday.
Appears in 92 contracts
Samples: Indemnification Agreement (Pitney Bowes Inc /De/), Indemnification Agreement (United Natural Foods Inc), Indemnification Agreement (United Natural Foods Inc)
Certain Interpretive Matters. Unless the context of this Agreement otherwise requires, (1a) “it” or “its” or words of any gender include each other gender, (2b) words using the singular or plural number also include the plural or singular number, respectively, (3c) the terms “hereof,” “herein,” “hereby” and derivative or similar words refer to this entire Agreement, (4d) the terms “Article,” “Section,” “Annex” or “Exhibit” refer to the specified Article, Section, Annex or Exhibit of or to this Agreement, (5e) the terms “include,” “includes” and “including” will be deemed to be followed by the words “without limitation” (whether or not so expressed), and (6f) the word “or” is disjunctive but not exclusive. Whenever this Agreement refers to a number of days, such number will refer to calendar days unless business days are specified and whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-business day, then such period or date will be extended until the immediately following business day. As used herein, “business day” means any day other than Saturday, Sunday or a United States federal holiday.
Appears in 63 contracts
Samples: Indemnification Agreement (Kb Home), Director Indemnification Agreement (Meridian Bioscience Inc), Indemnification Agreement (Bristow Group Inc.)
Certain Interpretive Matters. Unless the context of this Agreement otherwise requires, (1a) “it” or “its” or words of any gender include each other gender, (2b) words using the singular or plural number also include the plural or singular number, respectively, (3c) the terms “hereof,” “herein,” “hereby” and derivative or similar words refer to this entire Agreement, (4d) the terms “Article,” “ “Section,” “Annex” or “Exhibit” refer to the specified Article, Section, Annex Section or Exhibit of or to this Agreement, (5e) the terms “include,” “includes” and “including” will be deemed to be followed by the words “without limitation” (whether or not so expressed), and (6f) the word “or” is disjunctive but not exclusive. Whenever this Agreement refers to a number of days, such number will refer to calendar days unless business days are specified and whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-business day, then such period or date will be extended until the immediately following business day. As used herein, “business day” means any day other than Saturday, Sunday or a United States federal holiday.
Appears in 25 contracts
Samples: Director and Officer Indemnification Agreement (Silverbow Resources, Inc.), Indemnification Agreement, Indemnification Agreement (Benitec Biopharma Inc.)
Certain Interpretive Matters. Unless the context of this Agreement otherwise requires, (1) “"it” " or “"its” " or words of any gender include each other gender, (2) words using the singular or plural number also include the plural or singular number, respectively, (3) the terms “"hereof,” “" "herein,” “" "hereby” " and derivative or similar words refer to this entire Agreement, (4) the terms “"Article,” “" "Section,” “" "Annex” " or “"Exhibit” " refer to the specified Article, Section, Annex or Exhibit of or to this Agreement, (5) the terms “"include,” “" "includes” " and “"including” " will be deemed to be followed by the words “"without limitation” " (whether or not so expressed), and (6) the word “"or” " is disjunctive but not exclusive. Whenever this Agreement refers to a number of days, such number will refer to calendar days unless business days are specified and whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-business day, then such period or date will be extended until the immediately following business day. As used herein, “business day” "BUSINESS DAY" means any day other than Saturday, Sunday or a United States federal holiday.
Appears in 16 contracts
Samples: Indemnification Agreement (Darwin Resources Corp.), Indemnification Agreement (Fairview Energy Corporation, Inc.), Indemnification Agreement (Northern Way Resources, Inc.)
Certain Interpretive Matters. Unless the context of this Agreement otherwise requires, (1a) “it” or “its” or words of any gender include each other gender, (2b) words using the singular or plural number also include the plural or singular number, respectively, (3c) the terms “hereof,” “herein,” “hereby” and derivative or similar words refer to this entire Agreement, (4d) the terms “Article,” “Section,” “Annex” or “Exhibit” refer to the specified Article, Section, Annex Section or Exhibit of or to this Agreement, (5e) the terms “include,” “includes” and “including” will be deemed to be followed by the words “without limitation” (whether or not so expressed), and (6f) the word “or” is disjunctive but not exclusive. Whenever this Agreement refers to a number of days, such number will refer to calendar days unless business days are specified and whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-business day, then such period or date will be extended until the immediately following business day. As used herein, “business day” means any day other than Saturday, Sunday or a United States federal holiday.
Appears in 9 contracts
Samples: Director and Officer Indemnification Agreement (Optex Systems Holdings Inc), Director and Office Indemnification Agreement (Aes Corp), Indemnification Agreement (HF Sinclair Corp)
Certain Interpretive Matters. Unless the context of this Agreement otherwise requires, (1) “it” or “its” or words of any gender include each other gender, (2) words using the singular or plural number also include the plural or singular number, respectively, (3) the terms “hereof,” “herein,” “hereby” and derivative or similar words refer to this entire Agreement, (4) the terms “Article,” “Section,” “Annex” or “Exhibit” refer to the specified Article, Section, Annex Annex, or Exhibit of or to this Agreement, (5) the terms “include,” “includes” and “including” will be deemed to be followed by the words “without limitation” (whether or not so expressed), and (6) the word “or” is disjunctive but not exclusive. Whenever this Agreement refers to a number of days, such number will refer to calendar days unless business days are specified and whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-business day, then such period or date will be extended until the immediately following business day. As used herein, “business day” means any day other than Saturday, Sunday Sunday, or a United States federal holiday.
Appears in 8 contracts
Samples: Director Agreement (LifeMD, Inc.), Employment Agreement (LifeMD, Inc.), Director and Officer Indemnification Agreement (LifeMD, Inc.)
Certain Interpretive Matters. Unless the context of this Agreement otherwise requires, (1a) “it” or “its” or words of any gender include each other gender, (2b) words using the singular or plural number also include the plural or singular number, respectively, (3c) the terms “hereof,” “herein,” “hereby” and derivative or similar words refer to this entire Agreement, (4d) the terms “Article,” “Section,” “Annex” or “Exhibit” refer to the specified Article, Section, Annex or Exhibit of or to this Agreement, (5e) the terms “include,” “includes” and “including” will be deemed to be followed by the words “without limitation” (whether or not so expressed), and (6f) the word “or” is disjunctive but not exclusive, and (g) descriptive headings of the Sections and subsections of this Agreement are inserted for convenience only and will not control or affect the meaning or construction of any of the provisions of this Agreement. Whenever this Agreement refers to a number of days, such number will refer to calendar days unless business days are specified and whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-business day, then such period or date will be extended until the immediately following business day. As used herein, “business day” means any day other than Saturday, Sunday or a United States federal holiday.
Appears in 8 contracts
Samples: Director and Officer Indemnification Agreement (Lancaster Colony Corp), Director and Officer Indemnification Agreement (Retail Value Inc.), Officer Indemnification Agreement (Nordson Corp)
Certain Interpretive Matters. Unless the context of this Agreement otherwise requires, (1a) “"it” " or “"its” " or words of any gender include each other gender, (2b) words using the singular or plural number also include the plural or singular number, respectively, (3c) the terms “"hereof,” “" "herein,” “" "hereby” " and derivative or similar words refer to this entire Agreement, (4d) the terms “"Article,” “" "Section,” “" "Annex” " or “"Exhibit” " refer to the specified Article, Section, Annex or Exhibit of or to this Agreement, (5e) the terms “"include,” “" "includes” " and “"including” " will be deemed to be followed by the words “"without limitation” " (whether or not so expressed), and (6f) the word “"or” " is disjunctive but not exclusive. Whenever this Agreement refers to a number of days, such number will refer to calendar days unless business days are specified and whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-business day, then such period or date will be extended until the immediately following business day. As used herein, “"business day” " means any day other than Saturday, Sunday or a United States federal holiday.
Appears in 7 contracts
Samples: Officer Indemnification Agreement (Comverse, Inc.), Director and Officer Indemnification Agreement (Transpro Inc), Director and Officer Indemnification Agreement (Quicksilver Resources Inc)
Certain Interpretive Matters. Unless the context of this Agreement otherwise requires, (1a) “it” or “its” or words of any gender include each other gender, (2b) words using the singular or plural number also include the plural or singular number, respectively, (3c) the terms “hereof,” “herein,” “hereby” and derivative or similar words refer to this entire Agreement, (4d) the terms “Article,” “Section,” “Annex” or “Exhibit” refer to the specified Article, Section, Annex or Exhibit of or to this Agreement, (5e) the terms “include,” “includes” and “including” will be deemed to be followed by the words “without limitation” (whether or not so expressed), and (6f) the word “or” is disjunctive but not exclusive. Whenever this Agreement refers to a number of days, such number will refer to calendar days unless business days are specified and whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-business day, then such period or date will be extended until the immediately following business day. As used herein, “business day” means any day other than Saturday, Sunday or a United States federal holiday. The Section headings contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement.
Appears in 6 contracts
Samples: Director and Officer Indemnification Agreement (Crestwood Equity Partners LP), Director and Officer Indemnification Agreement (Crestwood Midstream Partners LP), Director and Officer Indemnification Agreement (Crestwood Equity Partners LP)
Certain Interpretive Matters. Unless the context of this Agreement otherwise requires, (1a) “it” or “its” or words of any gender include each other gender, (2b) words using the singular or plural number also include the plural or singular number, respectively, (3c) the terms “hereof,” “herein,” “hereby” and derivative or similar words refer to this entire Agreement, (4d) the terms references to “Article,Sections” are references to “Section,Sections” “Annex” or “Exhibit” refer to the specified Article, Section, Annex or Exhibit of or to this Agreement, (5e) the terms “include,” “includes” and “including” will be deemed to be followed by the words “without limitation” (whether or not so expressed), and (6f) the word “or” is disjunctive but not exclusive. Whenever this Agreement refers to a number of days, such number will refer to calendar days unless business days are specified and whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-business day, then such period or date will be extended until the immediately following business day. As used herein, “business day” means any day other than Saturday, Sunday or a United States federal holiday.
Appears in 3 contracts
Samples: Officer Indemnification Agreement (Alon Brands, Inc.), Director Indemnification Agreement (Alon Brands, Inc.), Director Indemnification Agreement (Gtech Holdings Corp)
Certain Interpretive Matters. Unless the context of this Agreement otherwise requires, (1a) “"it” " or “"its” " or words of any gender include each other gender, (2b) words using the singular or plural number also include the plural or singular number, respectively, (3c) the terms “"hereof,” “" "herein,” “" "hereby” " and derivative or similar words refer to this entire Agreement, (4d) the terms “Article,” “Section,” “Annex” or “Exhibit” refer references to the specified Article, Section, Annex or Exhibit "Sections" are references to "Sections" of or to this Agreement, (5e) the terms “"include,” “" "includes” " and “"including” " will be deemed to be followed by the words “"without limitation” " (whether or not so expressed), and (6f) the word “"or” " is disjunctive but not exclusive. Whenever this Agreement refers to a number of days, such number will refer to calendar days unless business days are specified and whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-business day, then such period or date will be extended until the immediately following business day. As used herein, “"business day” " means any day other than Saturday, Sunday or a United States federal holiday.
Appears in 3 contracts
Samples: Officer Indemnification Agreement (Alon USA Energy, Inc.), Director Indemnification Agreement (Alon USA Energy, Inc.), Indemnification Agreement (Alon USA Energy, Inc.)
Certain Interpretive Matters. Unless the context of this Agreement otherwise requires, (1a) “it” or “its” or words of any gender include each other gender, (2b) words using the singular or plural number also include the plural or singular number, respectively, (3c) the terms “hereof,” “herein,” “hereby” and derivative or similar words refer to this entire Agreement, (4d) the terms “Article,” “Section,” “Annex” or “Exhibit” refer to the specified Article, Section, Annex Section or Exhibit of or to this Agreement, (5e) the terms “include,” “includes” and “including” will be deemed to be followed by the words “without limitation” (whether or not so expressed), and (6f) the word “or” is disjunctive but not exclusive. Whenever this Agreement refers to a number of days, such number will refer to calendar days unless business days are specified and whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-business day, then such period or date will be extended until the immediately following business day. As used herein, “business day” means any day other than Saturday, Sunday or a United States federal holiday. Titles of Sections hereof are solely for ease of reference, and shall not be given any substantive effect.
Appears in 2 contracts
Samples: Indemnification Agreement (Axiall Corp/De/), Indemnification Agreement (Axiall Corp/De/)
Certain Interpretive Matters. Unless the context of this Agreement otherwise requires, (1i) “it” or “its” or words of any gender include each other gender, (2ii) words using the singular or plural number also include the plural or singular number, respectively, (3iii) the terms “hereof,” “herein,” “hereby” and derivative or similar words refer to this entire Agreement, (4iv) the terms “Article,” term “Section,” “Annex” or “Exhibit” refer refers to the specified Article, Section, Annex or Exhibit Section of or to this Agreement, (5v) the terms “include,” “includes” and “including” will be deemed to be followed by the words “without limitation” (whether or not so expressed), and (6vi) the word “or” is disjunctive but not exclusive. Whenever this Agreement refers to a number of days, such number will refer to calendar days unless business days are specified and whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-business day, then such period or date will be extended until the immediately following business day. As used herein, “business day” means any day other than Saturday, Sunday or a United States federal holiday.
Appears in 2 contracts
Samples: Director and Officer Indemnification Agreement (Reynolds American Inc), Indemnification Agreement (Nextel Communications Inc)
Certain Interpretive Matters. Unless the context of this Agreement otherwise requires, (1) “"it” " or “"its” " or words of any gender include each other gender, (2) words using the singular or plural number also include the plural or singular number, respectively, (3) the terms “"hereof,” “" "herein,” “" "hereby” " and derivative or similar words refer to this entire Agreement, (4) the terms “"Article,” “" "Section,” “" "Annex” " or “"Exhibit” " refer to the specified Article, Section, Annex or Exhibit of or to this Agreement, (5) the terms “"include,” “" "includes” " and “"including” " will be deemed to be followed by the words “"without limitation” " (whether or not so expressed), and (6) the word “"or” " is disjunctive but not exclusive. Whenever this Agreement refers to a number of days, such number will refer to calendar days unless business days are specified and whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-business day, then such period or date will be extended until the immediately following business day. As used herein, “"business day” " means any day other than Saturday, Sunday or a United States federal holiday.
Appears in 2 contracts
Samples: Director and Officer Indemnification Agreement (Ix Energy Holdings, Inc.), Director Indemnification Agreement (LHC Group, LLC)
Certain Interpretive Matters. Unless the context of this Agreement otherwise requires, (1a) “”it” or “its” or words of any gender include each other gender, (2b) words using the singular or plural number also include the plural or singular number, respectively, (3c) the terms “hereof,” “herein,” “hereby” and derivative or similar words refer to this entire Agreement, (4d) the terms “Article,” “Section,” “Annex” or “Exhibit” refer to the specified Article, Section, Annex Section or Exhibit of or to this Agreement, (5e) the terms “include,” “includes” and “including” will be deemed to be followed by the words “without limitation” (whether or not so expressed), and (6f) the word “or” is disjunctive but not exclusive. Whenever this Agreement refers to a number of days, such number will refer to calendar days unless business days are specified and whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-business day, then such period or date will be extended until the immediately following business day. As used herein, “business day” means any day other than Saturday, Sunday or a United States federal holiday.
Appears in 2 contracts
Samples: Indemnification Agreement (Oncor Electric Delivery Co LLC), Indemnification Agreement (Oncor Electric Delivery Co LLC)
Certain Interpretive Matters. Unless the context of this Agreement otherwise requires, (1a) “it” or “its” or words of any gender include each other gender, ; (2b) words using the singular or plural number also include the plural or singular number, respectively, ; (3c) the terms “hereof,” “herein,” “hereby” and derivative or similar words refer to this entire Agreement, ; (4d) the terms “Article,” “ “Section,” “Annex” or “Exhibit” refer to the specified Article, Section, Annex Section or Exhibit of or to this Agreement, (5e) the terms “include,” “includes” and “including” will be deemed to be followed by the words “without limitation” (whether or not so expressed), ; and (6f) the word “or” is disjunctive but not exclusive. Whenever this Agreement refers to a number of days, such number will refer to calendar days unless business days Business Days are specified and whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-business dayBusiness Day, then such period or date will be extended until the immediately following business day. As used herein, “business day” means any day other than Saturday, Sunday or a United States federal holidayBusiness Day.
Appears in 2 contracts
Samples: Director and Officer Indemnification Agreement (Dole Food Co Inc), Director and Officer Indemnification Agreement (Reynolds American Inc)
Certain Interpretive Matters. Unless the context of this Agreement otherwise requires, (1a) “it” or “its” or words of any gender include each other gender, (2b) words using the singular or plural number also include the plural or singular number, respectively, (3c) the terms “hereof,” “herein,” “hereby” and derivative or similar words refer to this entire Agreement, (4d) the terms “Article,” “Section,” “Annex” or “Exhibit” refer to the specified Article, Section, Annex Section or Exhibit of or to this Agreement, (5e) the terms “include,” “includes” and “including” will be deemed to be followed by the words “without limitation” (whether or not so expressed), and (6f) the word “or” is disjunctive but not exclusive. Whenever this Agreement refers to a number of days, such number will refer to calendar days unless business days are specified and whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-non- business day, then such period or date will be extended until the immediately following business day. As used herein, “business day” means any day other than Saturday, Sunday or a United States federal holiday.
Appears in 1 contract
Samples: Indemnification Agreement (Diamond Hill Investment Group Inc)
Certain Interpretive Matters. Unless the context of this Agreement otherwise requires, (1) “it” or “its” or words of any gender include each other gender, (2) words using the singular or plural number also include the plural or singular number, respectively, (3) the terms “hereof,” “herein,” “hereby” and derivative or similar words refer to this entire Agreement, (4) the terms “Article,” “Section,” “Annex” or “ExhibitSection” refer to the specified Article, Section, Annex Article or Exhibit Section of or to this Agreement, (5) the terms “include,” “includes” and “including” will be deemed to be followed by the words “without limitation” (whether or not so expressed), and (6) the word “or” is disjunctive but not exclusive. Whenever this Agreement refers to a number of days, such number will refer to calendar days unless business days are specified and whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-business day, then such period or date will be extended until the immediately following business day. As used herein, “business day” means any day other than Saturday, Sunday or a United States federal holiday.
Appears in 1 contract
Samples: Director and Officer Indemnification Agreement (Orbital Tracking Corp.)
Certain Interpretive Matters. Unless the context of this Agreement otherwise requires, (1a) “”it” or “its” or words of any gender include each other gender, (2b) words using the singular or plural number also include the plural or singular number, respectively, (3c) the terms “hereof,” “herein,” “hereby” and derivative or similar words refer to this entire Agreement, (4d) the terms “Article,” “ “Section,” “Annex” or “Exhibit” refer to the specified Article, Section, Annex Section or Exhibit of or to this Agreement, (5e) the terms “include,” “includes” and “including” will be deemed to be followed by the words “without limitation” (whether or not so expressed), and (6f) the word “or” is disjunctive but not exclusive. Whenever this Agreement refers to a number of days, such number will refer to calendar days unless business days are specified and whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-business day, then such period or date will be extended until the immediately following business day. As used herein, “business day” means any day other than Saturday, Sunday or a United States federal holiday.
Appears in 1 contract
Samples: Director and Officer Indemnification Agreement (Modern Media Acquisition Corp.)
Certain Interpretive Matters. Unless the context of this Agreement otherwise requires, (1a) “it” or “its” or words of any gender include each other gender, (2b) words using the singular or plural number also include the plural or singular number, respectively, (3c) the terms “hereof,” “herein,” “hereby” and derivative or similar words refer to this entire Agreement, (4d) the terms “Article,” term “Section,” “Annex” or “Exhibit” refer refers to the specified Article, Section, Annex or Exhibit Section of or to this Agreement, (5e) the terms “include,” “includes” and “including” will be deemed to be followed by the words “without limitation” (whether or not so expressed), and (6f) the word “or” is disjunctive but not exclusive. Whenever this Agreement refers to a number of days, such number will refer to calendar days unless business days are specified and whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-business day, then such period or date will be extended until the immediately following business day. As used herein, “business day” means any day other than Saturday, Sunday or a United States federal holiday.
Appears in 1 contract
Certain Interpretive Matters. Unless the context of this Agreement otherwise requires, (1) “it” or “its” or words of any gender include each other gender, (2) words using the singular or plural number also include the plural or singular number, respectively, (3) the terms “hereof,” “herein,” “hereby” and derivative or similar words refer to this entire Agreement, (4) the terms “Article,” “Section,” “Annex” or “Exhibit” refer to the specified Article, Section, Annex or Exhibit of or to this Agreement, (5) the terms “include,” “includes” and “including” will be deemed to be followed by the words “without limitation” (whether or not so expressed), and (6) the word “or” is disjunctive but not exclusive. , Whenever this Agreement refers to a number of days, such number will refer to calendar days unless business days are specified and whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-business day, then such period or date will be extended until the immediately following business day. As used herein, “business day” means any day other than Saturday, Sunday or a United States federal holiday.
Appears in 1 contract
Certain Interpretive Matters. Unless the context of this Agreement otherwise requires, (1a) “it” or “its” or words of any gender include each other gender, (2b) words using the singular or plural number also include the plural or singular number, respectively, (3c) the terms “hereof,” “herein,” “hereby” and derivative or similar words refer to this entire Agreement, (4d) the terms “Article,” “Section,” “Annex” or “Exhibit” refer refers to the specified Article, Section, Annex or Exhibit Section of or to this Agreement, (5e) the terms “include,” “includes” and “including” will be deemed to be followed by the words “without limitation” (whether or not so expressed), and (6f) the word “or” is disjunctive but not exclusive. Whenever this Agreement refers to a number of days, such number will refer to calendar days unless business days are specified and whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-business day, then such period or date will be extended until the immediately following business day. As used herein, “business day” means any day other than Saturday, Sunday or a United States federal holiday.
Appears in 1 contract
Samples: Indemnification Agreement (Stewart & Stevenson LLC)
Certain Interpretive Matters. Unless the context of this Agreement otherwise requires, (1a) “”it” or “its” or words of any gender include each other gender, (2b) words using the singular or plural number also include the plural or singular number, respectively, (3c) the terms “hereof,” “herein,” “hereby” and derivative or similar words refer to this entire Agreement, (4d) the terms “Article,” “Section,” “Annex” or “Exhibit” refer to the specified Article, Section, Annex Section or Exhibit of or to this Agreement, (5e) the terms “include,” “includes” and “including” will be deemed to be followed by the words “without limitation” (whether or not so expressed), and (6f) the word “or” is disjunctive but not exclusive. Whenever this Agreement refers to a number of days, such number will refer to calendar days unless business days are specified and whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-business day, then such period or date will be extended until the immediately following business day. As used herein, “business day” means any day other than Saturday, Sunday or a United States federal holiday. Any reference to a statue, rule or regulation shall include the successor thereto.
Appears in 1 contract
Certain Interpretive Matters. Unless the context of this Agreement otherwise requires, (1) “it” or “its” or words of any gender include each other gender, (2) words using the singular or plural number also include the plural or singular number, respectively, (3) the terms “hereof,” “herein,” “hereby” and derivative or similar words refer to this entire Agreement, (4) the terms “Article,” “Section,” “Annex” or “Exhibit” refer to the specified Article, Section, Annex or Exhibit of or to this Agreement, (5) the terms “include,” “includes” and “including” will be deemed to be followed by the words “without limitation” (whether or not so expressed), and (6) the word “or” is disjunctive but not exclusive. Whenever this Agreement refers to a number of days, such number will refer to calendar days unless business days are specified and whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-business non−business day, then such period or date will be extended until the immediately following business day. As used herein, “business dayBUSINESS DAY” means any day other than Saturday, Sunday or a United States federal holiday.
Appears in 1 contract
Samples: Director and Officer Indemnification Agreement (Neuro-Hitech, Inc.)
Certain Interpretive Matters. Unless the context of this Agreement otherwise requires, (1i) “it” or “its” or words of any gender include each other gender, (2ii) words using the singular or plural number also include the plural or singular number, respectively, (3iii) the terms “hereof,” “herein,” “hereby” and derivative or similar words refer to this entire Agreement, (4iv) the terms “Article,” “Section,” “Annex” or “Exhibit” refer to the specified Article, Section, Annex Section or Exhibit of or to this Agreement, (5v) the terms “include,” “includes” and “including” will be deemed to be followed by the words “without limitation” (whether or not so expressed), and (6vi) the word “or” is disjunctive but not exclusive, and (vii) descriptive headings of the Sections and subsections of this Agreement are inserted for convenience only and will not control or affect the meaning or construction of any of the provisions of this Agreement. Whenever this Agreement refers to a number of days, such number will refer to calendar days unless business days are specified and whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-business day, then such period or date will be extended until the immediately following business day. As used herein, “business day” means any day other than Saturday, Sunday or a United States federal holiday.
Appears in 1 contract
Certain Interpretive Matters. Unless the context of this Agreement otherwise requires, (1a) “it” or “its” or words of any gender include each other gender, (2b) words using the singular or plural number also include the plural or singular number, respectively, (3c) the terms “hereof,” “herein,” “hereby” and derivative or similar words refer to this entire Agreement, (4d) the terms “Article,” “Section,” “Annex” or “Exhibit” refer to the specified Article, Section, Annex Section or Exhibit of or to this Agreement, (5e) the terms “include,” “includes” and “including” will be deemed to be followed by the words “without limitation” (whether or not so expressed), and (6f) the word “or” is disjunctive but not exclusive. Whenever this Agreement refers to a number of days, such number will refer to calendar days unless business days are specified and whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-business day, then such period or date will be extended until the immediately following business day. As used herein, “business day” means any day other than Saturday, Sunday or a United States federal holiday.
Appears in 1 contract
Samples: Indemnification Agreement (Diamond Hill Investment Group Inc)
Certain Interpretive Matters. Unless the context of this Agreement otherwise requires, (1a) “it” or “its” or words of any gender include each other gender, (2b) words using the singular or plural number also include the plural or singular number, respectively, (3c) the terms “hereof,” “herein,” “hereby” and derivative or similar words refer to this entire Agreement, (4d) the terms “Article,” ”, “Section,” “Annex” or “Exhibit” refer to the specified Article, Section, Annex Section or Exhibit of or to this Agreement, (5e) the terms “include,” “includes” and “including” will be deemed to be followed by the words “without limitation” (whether or not so expressed), and (6f) the word “or” is disjunctive but not exclusive. Whenever this Agreement refers to a number of days, such number will refer to calendar days unless business days are specified and whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-business day, then such period or date will be extended until the immediately following business day. As used herein, “business day” means any day other than Saturday, Sunday or a United States federal holiday.. 2019 04 Form of D&O Indemnification Agreement
Appears in 1 contract
Samples: Director and Officer Indemnification Agreement (Cleveland-Cliffs Inc.)
Certain Interpretive Matters. Unless the context of this Agreement otherwise requires, (1a) “it” or “its” or words of any gender include each other gender, (2b) words using the singular or plural number also include the plural or singular number, respectively, (3c) the terms “hereof,” “herein,” “hereby” and derivative or similar words refer to this entire Agreement, (4d) the terms “Article,” “Section,” unless referring to statutory provisions, “Annex” or “Exhibit” refer to the specified Article, Section, Annex or Exhibit of or to this Agreement, (5e) the terms “include,” “includes” and “including” will be deemed to be followed by the words “without limitation” (whether or not so expressed), and (6f) the word “or” is disjunctive but not exclusive, and (g) descriptive headings of the Sections and subsections of this Agreement are inserted for convenience only and will not control or affect the meaning or construction of any of the provisions of this Agreement. Whenever this Agreement refers to a number of days, such number will refer to calendar days unless business days are specified and whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-business day, then such period or date will be extended until the immediately following business day. As used herein, “business day” means any day other than Saturday, Sunday or a United States federal holiday.
Appears in 1 contract
Samples: Director and Officer Indemnification Agreement (Firstenergy Corp)
Certain Interpretive Matters. Unless the context of this Agreement otherwise requires, (1a) “"it” " or “"its” " or words of any gender include each other gender, (2b) words using the singular or plural number also include the plural or singular number, respectively, (3c) the terms “"hereof,” “" "herein,” “" "hereby” " and derivative or similar words refer to this entire Agreement, (4d) the terms “Article,” “"Section,” “Annex” or “Exhibit” refer " refers to the specified Article, Section, Annex or Exhibit Section of or to this Agreement, (5e) the terms “"include,” “" "includes” " and “"including” " will be deemed to be followed by the words “"without limitation” " (whether or not so expressed), and (6f) the word “"or” " is disjunctive but not exclusive. Whenever this Agreement refers to a number of days, such number will refer to calendar days unless business days are specified and whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-business day, then such period or date will be extended until the immediately following business day. As used herein, “"business day” " means any day other than Saturday, Sunday or a United States federal holiday.
Appears in 1 contract
Samples: Indemnification Agreement (International Coal Group, Inc.)
Certain Interpretive Matters. Unless the context of this Agreement otherwise requires, (1a) “it” or “its” or words of any gender include each other gender, (2b) words using the singular or plural number also include the plural or singular number, respectively, (3c) the terms “hereof,” “herein,” “hereby” and derivative or similar words refer to this entire Agreement, (4d) the terms “Article,” “ “Section,” “Annex” or “Exhibit” refer to the specified Article, Section, Annex Section or Exhibit of or to this Agreement, (5e) the terms “include,” “includes” and “including” will be deemed to be followed by the words “without limitation” (whether or not so expressed), and (6f) the word “or” is disjunctive but not necessarily exclusive. Whenever this Agreement refers to a number of days, such number will refer to calendar days unless business days are specified and whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-business day, then such period or date will be extended until the immediately following business day. As used herein, “business day” means any day other than Saturday, Sunday or a United States federal holiday.
Appears in 1 contract
Samples: Indemnification Agreement (Abm Industries Inc /De/)
Certain Interpretive Matters. Unless the context of this Agreement otherwise requires, (1a) “”it” or “its” or words of any gender include each other gender, (2b) words using the singular or plural number also include the plural or singular number, respectively, (3c) the terms “hereof,” “herein,” “hereby” and derivative or similar words refer to this entire Agreement, (4d) the terms “Article,” term “Section,” “Annex” or “Exhibit” refer refers to the specified Article, Section, Annex or Exhibit Section of or to this Agreement, (5e) the terms “include,” “includes” and “including” will be deemed to be followed by the words “without limitation” (whether or not so expressed), and (6f) the word “or” is disjunctive but not exclusive. Whenever this Agreement refers to a number of days, such number will refer to calendar days unless business days are specified and whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-business day, then such period or date will be extended until the immediately following business day. As used herein, “business day” means any day other than Saturday, Sunday or a United States federal holiday.
Appears in 1 contract
Samples: Indemnification Agreement (Thomas Properties Group Inc)
Certain Interpretive Matters. Unless the context of this Agreement otherwise requires, (1a) “it” or “its” or words of any gender include each other gender, (2b) words using the singular or plural number also include the plural or singular number, respectively, (3c) the terms “hereof,” “herein,” “hereby” and derivative or similar words refer to this entire Agreement, (4d) the terms “Article,” “ “Section,” “Annex” or “Exhibit” refer to the specified Article, Section, Annex Section or Exhibit of or to this Agreement, (5e) the terms “include,” “includes” and “including” will be deemed to be followed by the words “without limitation” (whether or not so expressed), and (6f) the word “or” is disjunctive but not exclusive. Whenever this Agreement refers to a number of days, such number will refer to calendar days unless business days are specified and whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-business day, then such period or date will be extended until the immediately following business day. As used herein, “business day” means any day other than Saturday, Sunday or a United States federal holiday. For the avoidance of doubt, the phrase “to the fullest extent” permitted or permissible by or under law is intended to mean to the fullest extent not prohibited by (and not merely to the extent affirmatively permitted by) law.
Appears in 1 contract
Samples: Director and Officer Indemnification Agreement (Wesco International Inc)
Certain Interpretive Matters. Unless the context of this Agreement otherwise requires, (1) “it” or “its” or words of any gender include each other gender, (2) words using the singular or plural number also include the plural or singular number, respectively, (3) the terms “hereof,” “herein,” “hereby” and derivative or similar words refer to this entire Agreement, (4) the terms “Article,” “Section,” “Annex” or “Exhibit” refer to the specified Article, Section, Annex or Exhibit of or to this Agreement, (5) the terms “include,” “includes” and “including” will be deemed to be followed by the words “without limitation” (whether or not so expressed), and (6) the word “or” is disjunctive but not exclusive. Whenever this Agreement refers to a number of days, such number will refer to calendar days unless business days are specified and whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-business day, then such period or date will be extended until the immediately following business day. As used herein, “business herein,“business day” means any day other than Saturday, Sunday or a United States federal holiday.
Appears in 1 contract
Samples: Director and Officer Indemnification Agreement (Yappn Corp.)
Certain Interpretive Matters. Unless the context of this Agreement otherwise requires, (1) “"it” " or “"its” " or words of any gender include each other gender, (2) words using the singular or plural number also include the plural or singular number, respectively, (3) the terms “"hereof,” “" "herein,” “" "hereby” " and derivative or similar words refer to this entire Agreement, (4) the terms “"Article,” “" "Section,” “" "Annex” " or “"Exhibit” " refer to the specified Article, Section, Annex or Exhibit of or to this Agreement, (5) the terms “"include,” “" "includes” " and “"including” " will be deemed to be followed by the words “"without limitation” " (whether or not so expressed), and (6) the word “"or” " is disjunctive but not exclusive. Whenever this Agreement refers to a number of days, such number will refer to calendar days unless business days are specified and whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-business day, then such period or date will be extended until the immediately following business day. As used herein, “"business day” " means any day other than Saturday, Sunday or a United States federal holidayholiday .
Appears in 1 contract
Samples: Officer Indemnification Agreement (Eastman Chemical Co)
Certain Interpretive Matters. Unless the context of this Agreement otherwise requires, (1a) “it” or “its” or words of any gender include each other gender, (2b) words using the singular or plural number also include the plural or singular number, respectively, (3c) the terms “hereof,” “herein,” “hereby” and derivative or similar words refer to this entire Agreement, (4d) the terms “Article,” “ “Section,” “Annex” or “Exhibit” refer to the specified Article, Section, Annex Section or Exhibit of or to this Agreement, (5e) the terms “include,” “includes” and “including” will be deemed to be followed by the words “without limitation” (whether or not so expressed), and (6f) the word “or” is disjunctive but not exclusive. Whenever this Agreement refers to a number of days, such number will refer to calendar days unless business days are specified and whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-business day, then such period or date will be extended until the immediately following business day. As used herein, “business day” means any day other than Saturday, Sunday or a United States federal holiday.,
Appears in 1 contract
Samples: Director and Officer Indemnification Agreement (Diamond S Shipping Group, Inc.)
Certain Interpretive Matters. Unless the context of this Agreement otherwise requires, (1a) “it” or “its” or words of any gender include each other gender, (2b) words using the singular or plural number also include the plural or singular number, respectively, (3c) the terms “hereof,” “herein,” “hereby,” and derivative or similar words refer to this entire Agreement, (4d) the terms “Article,” “Section,” “Annex” or “Exhibit” refer to the specified Article, Section, Annex Section or Exhibit of or to this Agreement, (5e) the terms “include,” “includes” and “including” will be deemed to be followed by the words “without limitation” (whether or not so expressed), and (6f) the word “or” is disjunctive but not exclusive. Whenever this Agreement refers to a number of days, such number will refer to calendar days unless business days are specified and whenever action must be taken (including the giving of notice or the delivery of documents) under this Agreement during a certain period of time or by a particular date that ends or occurs on a non-business day, then such period or date will be extended until the immediately following business day. As used herein, “business day” means any day other than Saturday, Sunday or a United States federal holiday.
Appears in 1 contract