Certain Matters of Construction. The terms "herein", "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which Agent is a party, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 24 contracts
Samples: Revolving Credit and Security Agreement (Badger Paper Mills Inc), Revolving Credit and Security Agreement (Lesco Inc/Oh), Revolving Credit, Capital Expenditure Line and Security Agreement (Philipp Brothers Chemicals Inc)
Certain Matters of Construction. The terms "“herein"”, "“hereof" ” and "“hereunder" ” and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which Agent is a party, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 10 contracts
Samples: Credit and Security Agreement (Pc Connection Inc), Credit and Security Agreement (Pc Connection Inc), Revolving Credit and Security Agreement (Maxum Petroleum Holdings, Inc.)
Certain Matters of Construction. The terms "herein", "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in The section titles, table of contents and list of exhibits appear as a matter of convenience only and shall not affect the context, terms used herein in the singular also include the plural and vice versainterpretation of this Agreement. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all All references to any instruments or agreements to which Agent is a partyagreements, including, without limitation, references to this Agreement or any of the Other DocumentsAgreements, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 5 contracts
Samples: Consolidated Loan and Security Agreement (DXP Enterprises Inc), Loan and Security Agreement (DXP Enterprises Inc), Loan and Security Agreement (DXP Enterprises Inc)
Certain Matters of Construction. The terms "herein", "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versaVICE VERSA. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which Agent is a party, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 5 contracts
Samples: Revolving Credit and Security Agreement (Trescom International Inc), Revolving Credit, Term Loan and Security Agreement (Lesco Inc/Oh), Revolving Credit, Term Loan and Security Agreement (Waxman Industries Inc)
Certain Matters of Construction. The terms "“herein"”, "“hereof" ” and "“hereunder" ” and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which Agent Lender is a party, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 3 contracts
Samples: Revolving Credit and Security Agreement (Franklin Electronic Publishers Inc), Term Loan and Security Agreement (Allied Motion Technologies Inc), Credit and Security Agreement (Memry Corp)
Certain Matters of Construction. The terms "herein", "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which Agent Lender is a party, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 2 contracts
Samples: Credit and Security Agreement (Omni Energy Services Corp), Revolving Credit, Term Loan and Security Agreement (Measurement Specialties Inc)
Certain Matters of Construction. The terms "herein", "hereof" ' and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which Agent Bank is a party, including, without limitation, references to any of the Other other Loan Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 2 contracts
Samples: Loan and Security Agreement (Coffee Holding Co Inc), Loan and Security Agreement (CHDT Corp)
Certain Matters of Construction. The terms "herein", "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all All references to any instruments or agreements to which Agent is a party, including, without limitation, references to any of the Other Documents, Documents shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Radnor Holdings Corp), Revolving Credit and Security Agreement (Radnor Holdings Corp)
Certain Matters of Construction. The terms "“herein"”, "“hereof" ” and "“hereunder" ” and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise providedprovided or not permitted herein, all references to any agreement, documents or instruments or agreements to which Agent is a party, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 2 contracts
Samples: Revolving Credit, Term Loan and Security Agreement (Vision-Ease Lens CORP), Loan and Security Agreement (Vision-Ease Lens, Inc.)
Certain Matters of Construction. The terms "“herein"”, "“hereof" ” and "“hereunder" ” and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which the Agent is a party, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Lesco Inc/Oh), Revolving Credit and Security Agreement (Radnor Holdings Corp)
Certain Matters of Construction. The terms "herein", "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which the Agent is a party, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 1 contract
Samples: Credit, Guaranty and Security Agreement (Evergreen International Aviation Inc)
Certain Matters of Construction. The terms "“herein"”, "“hereof" ” and "“hereunder" ” and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which Agent the Lender is a party, including, without limitation, references to any of the Other other Loan Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 1 contract
Samples: Loan Agreement (Soy Energy, LLC)
Certain Matters of Construction. The terms "herein", "hereof" ------------------------------- and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All ---- ----- references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all All references to any instruments or agreements to which Agent is a party, including, without limitation, references to any of the Other Documents, Documents shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.. ADVANCES, PAYMENTS ------------------
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Styrochem International Inc)
Certain Matters of Construction. The terms "herein", "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all All references to any instruments or agreements to which Agent is a party, including, without limitation, references to any of the Other Ancillary Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 1 contract
Samples: Oil & Gas Revolving Credit and Term Loan Agreement (Transtexas Gas Corp)
Certain Matters of Construction. The terms "herein", "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which any Agent is a party, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 1 contract
Samples: Revolving Credit, Equipment Loan, Term Loan and Security Agreement (McMS Inc /De/)
Certain Matters of Construction. The terms "herein", "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which Agent Lender is a party, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof. II.
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Measurement Specialties Inc)
Certain Matters of Construction. The terms "herein", "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same thereto and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which Agent is a party, including, without limitation, references to any of the Other other Loan Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof. ADVANCES, PAYMENTS.
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Perma Fix Environmental Services Inc)
Certain Matters of Construction. The terms "“herein"”, "“hereof" ” and "“hereunder" ” and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which Administrative Agent is a party, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Imco Recycling Inc)
Certain Matters of Construction. The terms "herein", "hereof" and ------------------------------- "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which Agent is a party, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 1 contract
Certain Matters of Construction. The terms "herein", "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all All references to any instruments or agreements to which Agent Lender is a party, including, without limitation, references to any of the Other Documents, Documents shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Meridian Sports Inc)
Certain Matters of Construction. The terms "herein", "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which Agent is Lenders are a party, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 1 contract
Samples: Loan Agreement (McMS Inc /De/)
Certain Matters of Construction. The terms "herein", "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which Agent is a party, including, without limitation, references to any of the Other Loan Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Obsidian Enterprises Inc)
Certain Matters of Construction. The terms "“herein"”, "“hereof" ’ and "“hereunder" ” and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which Agent is a party, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Kenexa Corp)
Certain Matters of Construction. The terms "herein", "hereof" and ------------------------------- "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All ---- ----- references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all All references to any instruments or agreements to which Agent is a party, including, without limitation, references to any of the Other Documents, Documents shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Styrochem International LTD)
Certain Matters of Construction. The terms "herein", "hereof" hereof and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which Agent Lender is a party, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 1 contract
Samples: Credit and Security Agreement (Omni Energy Services Corp)
Certain Matters of Construction. The terms "herein", "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all All references to any instruments or agreements to which Agent is a party, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Danskin Inc)
Certain Matters of Construction. The terms "herein", "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which Agent is Lenders are a party, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof. II.
Appears in 1 contract
Samples: Loan Agreement (McMS Inc)
Certain Matters of Construction. The terms "herein", "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulationsregulations relating thereto. Unless otherwise provided, all references to any instruments or agreements to which Agent is a partyagreements, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Swank Inc)
