Common use of Certain Rules of Construction Clause in Contracts

Certain Rules of Construction. To the fullest extent permitted by law, the parties hereto agree that this Agreement has been negotiated and as a result of such negotiation, any ambiguities shall be resolved without reference to which party may have drafted this Agreement. Unless the context otherwise requires: (a) a term has the meaning assigned to it; (b) an accounting term not otherwise defined has the meaning assigned to it in accordance with then-applicable United States generally accepted accounting principles; (c) “or” is not exclusive; (d) words in the singular include the plural, and words in the plural include the singular; (e) provisions apply to successive events and transactions; (f) the words “herein,” “hereof” and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or other subdivision; (g) any pronoun used in this Agreement shall include the corresponding masculine, feminine or neuter forms; (h) the words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation”; (i) the word “extent” in the phrase “to the extent” shall mean the degree to which a subject or other thing extends, and such phrase shall not mean simply “if”; (j) references to “$” or “dollars” shall mean United States dollars; (k) unless otherwise expressly provided herein, any agreement, instrument or statute defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement, instrument or statute as from time to time amended, modified or supplemented, including (in the case of agreements or instruments) by waiver or consent and (in the case of statutes) by succession of comparable successor statutes and references to all attachments thereto and instruments incorporated therein; and (l) all references to any Member shall mean and include such Member and any Person duly admitted as a member in the Company in substitution therefor in accordance with this Agreement, unless the context otherwise requires.

Certain Rules of Construction. To the fullest extent permitted by law, the parties hereto agree intend that this Agreement has been negotiated and as a result of such negotiation, any ambiguities shall be resolved without reference to which party may have drafted this Agreement. All Article or Section titles or other captions in this Agreement are for convenience only, and they shall not be deemed part of this Agreement and in no way define, limit, extend or describe the scope or intent of any provisions hereof. Unless the context otherwise requires: (a) a term has the meaning assigned to it; (b) an accounting term not otherwise defined has the meaning assigned to it in accordance with then-applicable United States generally accepted accounting principles; (c) “or” is not exclusive; (d) words in the singular include the plural, and words in the plural include the singular; (e) provisions apply to successive events and transactions; (f) the words “herein,” “hereof” and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or other subdivision; (g) all references herein to Articles, Sections, Exhibits, Annexes, paragraphs, subparagraphs and clauses shall be deemed to be references to Articles, Sections, paragraph, subparagraphs and clauses of, and Exhibits and Annexes to, this Agreement unless the context shall otherwise require; (h) any pronoun used in this Agreement shall include the corresponding masculine, feminine or neuter forms; (hi) the words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation”; (ij) the word “extent” in the phrase “to the extent” shall mean the degree to which a subject or other thing extends, and such phrase shall not mean simply “if”; (jk) references to “$” or “dollars” shall mean United States dollars; (kl) unless otherwise expressly provided herein, any agreement, instrument or statute defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement, instrument or statute as from time to time amended, modified or supplemented, including (in the case of agreements or instruments) by waiver or consent and (in the case of statutes) by succession of comparable successor statutes and references to all attachments thereto and instruments incorporated therein; and (lm) all references to any Member shall mean and include such Member and any Person duly admitted as a member in the Company CF LLC in substitution therefor in accordance with this Agreement, unless the context otherwise requires.

Certain Rules of Construction. To the fullest extent permitted by law, the parties hereto agree intend that this Agreement has been negotiated and as a result of such negotiation, any ambiguities shall be resolved without reference to which party may have drafted this Agreement. All Article or Section titles or other captions in this Agreement are for convenience only, and they shall not be deemed part of this Agreement and in no way define, limit, extend or describe the scope or intent of any provisions hereof. Unless the context otherwise requires: (a) a term has the meaning assigned to it; (b) an accounting term not otherwise defined has the meaning assigned to it in accordance with then-applicable United States generally accepted accounting principles; (c) “or” is not exclusive; (d) words in the singular include the plural, and words in the plural include the singular; (ec) provisions apply to successive events and transactions; (f) the words “herein,” “hereof” and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or other subdivision; (gd) any pronoun used in this Agreement shall include the corresponding masculine, feminine or neuter forms; (h) the words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation”; (ie) the word “extent” in the phrase “to the extent” shall mean the degree to which a subject or other thing extends, and such phrase shall not mean simply “if”; (jf) references to “$” or “dollars” shall mean United States dollars; (kg) unless otherwise expressly provided herein, any agreement, instrument or statute defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement, instrument or statute as from time to time amended, modified or supplemented, including (in the case of agreements or instruments) by waiver or consent and (in the case of statutes) by succession of comparable successor statutes and references to all attachments thereto and instruments incorporated therein; and (lh) all references to any Member shall mean and include such Member and any Person duly admitted as a member in of the Company in substitution therefor in accordance with this Agreement, unless the context otherwise requires.

Certain Rules of Construction. To the fullest extent permitted by law, the parties hereto agree that this Agreement has been negotiated and as a result of such negotiation, any ambiguities shall be resolved without reference to which party may have drafted this Agreement. Unless the context otherwise requires: (a) a term has the meaning assigned to it; (b) an accounting term not otherwise defined has the meaning assigned to it in accordance with then-applicable United States generally accepted accounting principles; (c) “or” is not exclusive; (d) words in the singular include the plural, and words in the plural include the singular; (e) provisions apply to successive events and transactions; (f) the words “herein,” “hereof” and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section paragraph or other subdivisionsubparagraphs; (g) all references herein to Articles, paragraphs, subparagraphs and clauses shall be deemed to be references to Articles, paragraph, subparagraphs and clauses of, this Agreement unless the context shall otherwise require; (h) any pronoun used in this Agreement shall include the corresponding masculine, feminine or neuter forms; (hi) the words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation”; (ij) the word “extent” in the phrase “to the extent” shall mean the degree to which a subject or other thing extends, and such phrase shall not mean simply “if”; (jk) references to “$” or “dollars” shall mean United States dollars; (kl) unless otherwise expressly provided herein, any agreement, instrument or statute defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement, instrument or statute as from time to time amended, modified or supplemented, including (in the case of agreements or instruments) by waiver or consent and (in the case of statutes) by succession of comparable successor statutes and references to all attachments thereto and instruments incorporated therein; and (lm) all references to any Member shall mean and include such Member and any Person duly admitted as a member in the Company Fund in substitution therefor in accordance with this Agreement, unless the context otherwise requires.requires;‌‌

Certain Rules of Construction. To the fullest extent permitted by law, the parties hereto agree that this Agreement has been negotiated and as a result of such negotiation, any ambiguities shall be resolved without reference References to which party may have drafted this Agreement. Unless the context otherwise requires: (a) a term has the meaning assigned to it; (b) an accounting term not otherwise defined has the meaning assigned to it in accordance with then-applicable United States generally accepted accounting principles; (c) “or” is not exclusive; (d) words in the singular include the plural, and words in the plural include the singular; (e) provisions apply to successive events and transactions; (f) the words “hereinSections,” “hereofExhibits” and other words “Schedules” shall be to Sections, Exhibits and Schedules, respectively, of similar import refer to this Agreement as a whole unless otherwise specifically provided. The definitions of terms herein shall apply equally to the singular and not to any particular Articleplural forms of the terms defined. Whenever the context may require, Section or other subdivision; (g) any pronoun used in this Agreement shall include the corresponding masculine, feminine or and neuter forms; (h) the . The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation”; (i) .” The word “will” shall be construed to have the same meaning and effect as the word “extentshall.” in The word “or” is not exclusive. Unless the phrase “context requires otherwise (a) any definition of or reference to the extent” shall mean the degree to which a subject or other thing extends, and such phrase shall not mean simply “if”; (j) references to “$” or “dollars” shall mean United States dollars; (k) unless otherwise expressly provided herein, any agreement, instrument or statute defined or referred other document herein shall be construed as referring to herein or in any agreement or instrument that is referred to herein means such agreement, instrument or statute other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or supplementedmodifications set forth herein), including (b) any reference herein to any Person shall be construed to include such Person’s permitted successors and assigns or, in the case of agreements governmental Persons, Persons succeeding to the relevant functions of such Persons, (c) the words “herein,” “hereof” and “hereunder,” and words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof, (d) 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, (e) any reference to any law or instruments) by waiver regulation herein shall, unless otherwise specified, refer to such law or consent regulation as amended, modified or supplemented from time to time and any successor statutes and regulations, 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, subaccounts and contract rights. A Default or Event of Default shall be deemed to exist at all times during the period commencing on the date that such Default or Event of Default occurs to the date on which such Default or Event of Default is waived by the Required Lenders pursuant to this Agreement or, in the case of statutes) by succession a Default, is cured within any period of comparable successor statutes and references to all attachments thereto and instruments incorporated thereincure expressly provided for in this Agreement; and an Event of Default shall “continue” or be “continuing” until such Event of Default has been waived by the Required Lenders. Whenever any provision in any Loan Document refers to the knowledge (lor an analogous phrase) all references of any Loan Party or any Subsidiary of any Loan Party, such words are intended to any Member shall mean and include such Member and any Person duly admitted as signify that a member of management or officer or member of the board of directors of such Loan Party or such Subsidiary has actual knowledge or awareness of a particular fact or circumstance or a member of management or officer or director of such Loan Party or such Subsidiary, if it had exercised reasonable diligence, would have known or been aware of such fact or circumstance. For purposes of computing a period of time from a specified date, the word “from” means “from and including” and the word “to” and “until” each mean “to, but excluding.” Any reference to a Loan Party or any other Person that is an individual as “it” shall refer to such Loan Party or other Person in the Company in substitution therefor in accordance with this Agreement, unless his or her individual capacity. Unless the context otherwise requires., “issuance,” “issue,”

Certain Rules of Construction. To the fullest extent permitted by law(a) Any reference to any federal, the parties hereto agree that this Agreement has been negotiated and as a result of such negotiationstate, any ambiguities local or foreign statute or Law shall be resolved without reference deemed also to which party may have drafted this Agreement. refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. (b) Unless the context of this Agreement otherwise requires: , (a) a term has the meaning assigned to it; (b) an accounting term not otherwise defined has the meaning assigned to it in accordance with then-applicable United States generally accepted accounting principles; (c) “or” is not exclusive; (di) words in of either gender or the neuter include the other gender and the neuter, (ii) words using the singular number also include the plural, plural number and words in using the plural number also include the singular; singular number, (e) provisions apply to successive events and transactions; (fiii) the words terms “hereof,” “herein,” “hereofhereby” and other derivative or similar words of similar import refer to this entire Agreement as a whole and not to any particular Article, Section or other subdivision; , (g) any pronoun used in this Agreement shall include the corresponding masculine, feminine or neuter forms; (hiv) the words terms “Article” or “Section” or other subdivision refer to the specified Article, Section or other subdivision of the body of this Agreement, (v) the word “include,” shall be deemed to be followed by the phrase “but are not limited to”, the word “includes” shall be deemed to be followed by the phrase “but is not limited to”, and the word “including” shall be deemed to be followed by the phrase “without but not limited to”, (vi) the phrase “materiality limitation”; (i) , with respect to a party’s representations, warranties, covenants and agreements, includes all qualifications, limitations, thresholds and exceptions based on the concept of materiality, whether expressed by the word “extent” in the phrase material”, “to the extent” shall mean the degree to which a subject or other thing extendsmaterially”, and such phrase shall not mean simply “ifmateriality”; (j) references to , “$material adverse change”, “Buyer Material Adverse Effect” or “dollars” Company Material Adverse Effect”, (vii) when a reference is made in this Agreement to Exhibits, such reference shall mean United States dollars; (k) unless otherwise expressly provided herein, any agreement, instrument or statute defined or referred be to herein or in any agreement or instrument that is referred an Exhibit to herein means such agreement, instrument or statute as from time to time amended, modified or supplemented, including (in the case of agreements or instruments) by waiver or consent and (in the case of statutes) by succession of comparable successor statutes and references to all attachments thereto and instruments incorporated therein; and (l) all references to any Member shall mean and include such Member and any Person duly admitted as a member in the Company in substitution therefor in accordance with this Agreement, unless the context otherwise requires.this