Construction; Absence of Presumption. (a) For the purposes of this Agreement: (i) words (including capitalized terms defined herein) in the singular shall be held to include the plural and vice versa and words (including capitalized terms defined herein) of one gender shall be held to include the other gender as the context requires; (ii) the terms "hereof," "herein" and "herewith" and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole (including all of the Exhibits) and not to any particular provision of this Agreement, and Article, Section, paragraph and Exhibit references are to the Articles, Sections, paragraphs and Exhibits to this Agreement, unless otherwise specified; (iii) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation"; (iv) "commercially reasonable efforts" shall not require a waiver by any Party of any material rights or any action or omission that would be a breach of this Agreement; (v) all references to any period of days shall be deemed to be to the relevant number of calendar days unless otherwise specified; and (vi) all references herein to "$" or dollars shall refer to United States dollars, unless otherwise specified.
Appears in 3 contracts
Samples: Acquisition Agreement (Metlife Inc), Acquisition Agreement (Citigroup Inc), Acquisition Agreement (Metlife Inc)
Construction; Absence of Presumption. (a) For the purposes of this Agreement: (i) words (including capitalized terms defined herein) in the singular shall be held to include the plural and vice versa and words (including capitalized terms defined herein) of one gender shall be held to include the other gender as the context requires; (ii) the terms "“hereof," "” “herein" ” and "“herewith" ” and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole (including all of the Exhibits) and not to any particular provision of this Agreement, and Article, Section, paragraph and Exhibit references are to the Articles, Sections, paragraphs and Exhibits to this Agreement, unless otherwise specified; (iii) the word "“including" ” and words of similar import when used in this Agreement shall mean "including, means “including without limitation"”; (iv) "“commercially reasonable efforts" ,” “reasonable best efforts” and “reasonable efforts” shall not require a waiver by any Party of any material rights or any action or omission that would be a breach of this Agreement; (v) all references to any period of days shall be deemed to be to the relevant number of calendar days unless otherwise specified; and (vi) all references herein to "“$" ” or dollars shall refer to United States dollars, unless otherwise specified.
Appears in 2 contracts
Samples: Transaction Agreement (Legg Mason Inc), Transaction Agreement (Citigroup Inc)
Construction; Absence of Presumption. (a) For the purposes of this Agreement: (i) words (including capitalized terms defined herein) in the singular shall be held to include the plural and vice versa and words (including capitalized terms defined herein) of one gender shall be held to include the other gender as the context requires; (ii) the terms "“hereof," "” “herein" ” and "“herewith" ” and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole (including all of the Exhibits) and not to any particular provision of this Agreement, and Article, Section, paragraph and Exhibit references are to the Articles, Sections, paragraphs and Exhibits to this Agreement, unless otherwise specified; (iii) the word "“including" ” and words of similar import when used in this Agreement shall mean "including, means “including without limitation"”; (iv) "“commercially reasonable efforts" ,” and “reasonable efforts” shall not require a waiver by any Party party of any material rights or any action or omission that would be a breach of this Agreement; (v) all references to any period of days shall be deemed to be to the relevant number of calendar days unless otherwise specified; and (vi) all references herein to "“$" ” or dollars shall refer to United States dollars, unless otherwise specified.
Appears in 1 contract
Samples: Contribution Agreement (Sanders Morris Harris Group Inc)
Construction; Absence of Presumption. (a) For the purposes of this Agreement: (i) words (including capitalized terms defined herein) in the singular shall be held to include the plural and vice versa and words (including capitalized terms defined herein) of one gender shall be held to include the other gender as the context requires; (ii) the terms "“hereof," "” “herein" ” and "“herewith" ” and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole (including all of the Exhibits) and not to any particular provision of this Agreement, and Article, Section, paragraph and Exhibit references are to the Articles, Sections, paragraphs and Exhibits to this Agreement, unless otherwise specified; (iii) the word "“including" ” and words of similar import when used in this Agreement shall mean "including, means “including without limitation"”; (iv) "“commercially reasonable efforts" ,” and “reasonable efforts” shall not require a waiver by any Party party of any material rights or any action or omission that would be a breach of this Agreement; (v) all references to any period of days shall be deemed to be to the relevant number of calendar days unless otherwise specified; and (vi) all references herein to "$" or dollars shall refer to United States dollars, unless otherwise specified.of
Appears in 1 contract
Construction; Absence of Presumption. (a) For the purposes of this Agreement: (i) words (including capitalized terms defined herein) in the singular shall be held deemed to include the plural and vice versa and words (including capitalized terms defined herein) of one gender shall be held deemed to include the other gender as the context requires; (ii) the terms "“hereof," "” “herein" ,” “hereby” and "“herewith" ” and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole (including all of the ExhibitsExhibits and Annexes) and not to any particular provision of this Agreement, and Article, Section, paragraph paragraph, Exhibit and Exhibit Annex references are to the Articles, Sections, paragraphs paragraphs, Exhibits and Exhibits Annexes of or to this Agreement, Agreement unless otherwise specified; (iii) the word "“including" ” and words of similar import when used in this Agreement shall mean "including, “including without limitation"” unless the context otherwise requires or unless otherwise specified; (iv) "commercially reasonable efforts" shall not require a waiver by any Party of any material rights or any action or omission that would be a breach of this Agreement; (v) all references to any period of days shall be deemed to be to the relevant number of calendar days unless otherwise specified; and (viv) all references herein the use of “or” is not intended to "$" or dollars shall refer to United States dollars, be exclusive unless otherwise specifiedexpressly indicated otherwise.
Appears in 1 contract
Construction; Absence of Presumption. (a) For the purposes of this Agreement: (i) words (including capitalized terms defined herein) in the singular shall be held deemed to include the plural and vice versa and words (including capitalized terms defined herein) of one gender shall be held deemed to include the other gender as the context requires; (ii) the terms "“hereof," "”, “herein" ”, “hereby” and "“herewith" ” and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole (including all of the ExhibitsExhibits and Annexes) and not to any particular provision of this Agreement, and Article, Section, paragraph paragraph, Exhibit and Exhibit Annex references are to the Articles, Sections, paragraphs paragraphs, Exhibits and Exhibits Annexes of or to this Agreement, Agreement unless otherwise specified; (iii) the word "“including" ” and words of similar import when used in this Agreement shall mean "including, “including without limitation"” unless the context otherwise requires or unless otherwise specified; (iv) "commercially reasonable efforts" shall not require a waiver by any Party of any material rights or any action or omission that would be a breach of this Agreement; (v) all references to any period of days shall be deemed to be to the relevant number of calendar days unless otherwise specified; and (viv) all references herein the use of “or” is not intended to "$" or dollars shall refer to United States dollars, be exclusive unless otherwise specifiedexpressly indicated otherwise.
Appears in 1 contract