Common use of Construction and Usage Clause in Contracts

Construction and Usage. Unless otherwise provided in the Master Sale Agreement (Warehouse), the Master Transfer Agreement, or the Master Servicing Agreement (the “Specified Documents”), the following rules of construction and usage are applicable to this Appendix and the Specified Documents. (i) As used in this Appendix or in Specified Documents and in any certificate or other document made or delivered pursuant thereto, accounting terms not defined herein, or in any such Specified Document, or in any such certificate or other document, and accounting terms partly defined herein or in any such certificate or other document, to the extent not defined herein, have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms herein, in any such Specified Document or in any such certificate or other document are inconsistent with the meanings of such terms under such generally accepted accounting principles, the definitions contained herein, in such Specified Document or in any such certificate or other document control. (ii) The words “hereof,” “herein,” “hereunder” and words of similar import when used in any Specified Document refer to such Specified Document as a whole and not to any particular provision or subdivision thereof. References in any Specified Document to “Article,” “Section” or another subdivision or to an attachment are, unless the context otherwise requires, to an article, section or subdivision of or an attachment to such Specified Document. The term “including” means “including without limitation.” The word “or” is not exclusive. (iii) The definitions contained in any Specified Document are equally applicable to both the singular and plural forms of such terms and to the masculine as well as to the feminine and neuter genders of such terms. (iv) Any agreement, instrument, statute or regulation defined or referred to below means such agreement, instrument, statute or regulation 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 includes (in the case of agreements or instruments) references to all attachments thereto and instruments incorporated therein.

Construction and Usage. Unless otherwise (a) The headings of Sections in this Agreement are provided in for convenience only and will not affect its construction or interpretation. All references to “Sections” refer to the Master Sale Agreement (Warehouse), the Master Transfer corresponding Sections of this Agreement, or the Master Servicing Agreement (the “Specified Documents”), the following rules of construction and usage are applicable to this Appendix and the Specified Documents. (b) In this Agreement, unless a clear contrary intention appears: (i) As used in this Appendix or in Specified Documents the singular number includes the plural number and in any certificate or other document made or delivered pursuant thereto, accounting terms not defined herein, or in any such Specified Document, or in any such certificate or other document, and accounting terms partly defined herein or in any such certificate or other document, to the extent not defined herein, have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms herein, in any such Specified Document or in any such certificate or other document are inconsistent with the meanings of such terms under such generally accepted accounting principles, the definitions contained herein, in such Specified Document or in any such certificate or other document control. vice versa; (ii) The words reference to any Person includes such Person’s successors and assigns but, if applicable, only if such successors and assigns are not prohibited by this Agreement, and reference to a Person in a particular capacity excludes such Person in any other capacity or individually; (iii) reference to any gender includes each other gender; (iv) reference to any agreement, document or instrument means such agreement, document or instrument as amended or modified and in effect from time to time in accordance with the terms thereof; (v) reference to any Legal Requirement means such Legal Requirement as amended, modified, codified, replaced or reenacted, in whole or in part, and in effect from time to time, including rules and regulations promulgated thereunder, and reference to any section or other provision of any Legal Requirement means that provision of such Legal Requirement from time to time in effect and constituting the substantive amendment, modification, codification, replacement or reenactment of such section or other provision; (vi) “hereunder,” “hereof,” “hereinhereto,” “hereunder” and words of similar import when used in any Specified Document refer shall be deemed references to such Specified Document this Agreement as a whole and not to any particular Section or other provision or subdivision thereof. References in any Specified Document to “Article,” “Section” or another subdivision or to an attachment are, unless the context otherwise requires, to an article, section or subdivision of or an attachment to such Specified Document. The term hereof; (vii) “including” (and with correlative meaning “include”) means “including without limitation.” The word limiting the generality of any description preceding such term; (viii) “or” is not exclusiveused in the inclusive sense of “and/or”; (ix) with respect to the determination of any period of time, “from” means “from and including” and “to” means “to but excluding”; (x) references to documents, instruments or agreements shall be deemed to refer as well to all addenda, exhibits, schedules or amendments thereto; and (xi) references to “Dollar” or $ means the lawful currency of the United States. (iiic) The definitions contained in This Agreement was negotiated by the Parties with the benefit of legal representation, and any Specified Document are equally applicable rule of construction or interpretation otherwise requiring this Agreement to both the singular and plural forms of such terms and be construed or interpreted against any Party shall not apply to the masculine as well as to the feminine and neuter genders of such termsany construction or interpretation hereof. (iv) Any agreement, instrument, statute or regulation defined or referred to below means such agreement, instrument, statute or regulation 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 includes (in the case of agreements or instruments) references to all attachments thereto and instruments incorporated therein.

Construction and Usage. Unless otherwise provided in the Master Sale Agreement (Warehouse)Agreement, the Master Transfer Purchase and Sale Agreement, or the Master Servicing Agreement (the “Specified or any other Basic Documents”), the following rules of construction and usage are applicable to this Appendix and the Specified Master Sale Agreement, the Master Purchase and Sale Agreement, the Master Servicing Agreement and any other Basic Documents. (i) As used in this Appendix or in Specified Documents any Basic Document and in any certificate or other document made or delivered pursuant thereto, accounting terms not defined herein, or in any such Specified Basic Document, or in any such certificate or other document, and accounting terms partly defined herein or in any such certificate or other document, to the extent not defined herein, have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms herein, in any such Specified Basic Document or in any such certificate or other document are inconsistent with the meanings of such terms under such generally accepted accounting principles, the definitions contained herein, in such Specified Basic Document or in any such certificate or other document control. (ii) The words “hereof,” “herein,” “hereunder” and words of similar import when used in any Specified Basic Document refer to such Specified Basic Document as a whole and not to any particular provision or subdivision thereof. References in any Specified Basic Document to “Article,” “Section” or another subdivision or to an attachment are, unless the context otherwise requires, to an article, section or subdivision of or an attachment to such Specified Basic Document. The term “including” means “including without limitation.” The word “or” is not exclusive. (iii) The definitions contained in any Specified Basic Document are equally applicable to both the singular and plural forms of such terms and to the masculine as well as to the feminine and neuter genders of such terms. (iv) Any agreement, instrument, statute or regulation defined or referred to below means such agreement, instrument, statute or regulation 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 includes (in the case of agreements or instruments) references to all attachments thereto and instruments incorporated therein. (v) Any interest calculated over a period under any Basic Document shall be based on the actual number of days in such period and 365-day years.