Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, (a) words of any gender include the other gender; (b) words using the singular or plural number also include the plural or singular number, respectively; (c) the terms “hereof,” “herein,” “hereunder,” “hereby” and derivative or similar words refer to this entire Agreement; (d) the terms “include,” “includes,” and “including” shall be deemed to be followed by the words “but not limited to;” (e) the term “
Appears in 5 contracts
Samples: Asset Purchase Agreement (Gas Natural Inc.), Merger Agreement (Energy West Inc), Merger Agreement (Energy West Inc)
Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, (ai) words of any gender include the each other gender; (bii) unless the context requires otherwise, words using the singular or plural number also include the plural or singular number, respectively; (ciii) the terms “"hereof,” “" "herein,” “hereunder,” “" "hereby” " and derivative or similar words refer to this entire Agreement; and (div) the terms “include,” “includes,” and “including” shall be deemed to be followed by the words “but not limited to;” (e) the term “"Article"
Appears in 4 contracts
Samples: Stock Purchase Agreement (Hawaiian Holdings Inc), Stock Purchase Agreement (Hawaiian Holdings Inc), Stock Purchase Agreement (Hawaiian Holdings Inc)
Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, : (a) words of any gender include the each other gender; (b) words using the singular or plural number also include the plural or singular number, respectively; (c) the terms “hereof,” “herein,” “hereunder,” “hereby” and derivative or similar words refer to this entire Agreement; (d) the terms “include,” “includes,” and “including” shall be deemed to be followed by the words “but not limited to;” (e) the term “entire
Appears in 3 contracts
Samples: Asset Purchase Agreement (Kiniksa Pharmaceuticals, Ltd.), Asset Purchase Agreement (Kiniksa Pharmaceuticals, Ltd.), Asset Purchase Agreement (Kiniksa Pharmaceuticals, Ltd.)
Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, (ai) words of any gender include the each other gender; (bii) words using the singular or plural number also include the plural or singular number, respectively; (ciii) the terms “hereof,” “herein,” “hereunder,” “hereby” and derivative or similar words refer to this entire Agreement; (div) the terms “include,Article” or “includes,Section” refer to the specified Article or Section of this Agreement; and “including” (v) Article and Section headings shall be deemed to be followed by not affect the words “but not limited to;” (e) the term “meaning or construction of any provision of this Agreement.
Appears in 3 contracts
Samples: License and Supply Agreement (Uluru Inc.), License and Supply Agreement (Uluru Inc.), License and Supply Agreement (Uluru Inc.)
Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, (ai) words of any gender include the each other gender; (bii) words using the singular or plural number also include the plural or singular number, respectively; (ciii) the terms “"hereof,” “" "herein,” “hereunder,” “" "hereby” " and derivative or similar words refer to this entire Agreement; (div) the terms “include,” “includes,” "Article" or "Section" refer to the specified Article or Section of this Agreement; and “including” (v) Article and Section headings shall be deemed to be followed by not affect the words “but not limited to;” (e) the term “meaning or construction of any provision of this Agreement.
Appears in 3 contracts
Samples: Exclusive License and Supply Agreement (Uluru Inc.), Supply Agreement (Amphastar Pharmaceuticals, Inc.), Supply Agreement (Amphastar Pharmaceuticals, Inc.)
Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, (a) words of any gender include the each other gender; (b) words using the singular or plural number also include the plural or singular number, respectively; (c) the terms “"hereof,” “" "herein,” “hereunder,” “" "hereby” " and derivative or similar words refer to this entire Agreement; (d) the terms “include,” “includes,” and “including” shall be deemed to be followed by the words “but not limited to;” (e) the term “"
Appears in 3 contracts
Samples: Merger Agreement (Discovery Partners International Inc), Merger Agreement (Axys Pharmecueticals Inc), Merger Agreement (Discovery Partners International Inc)
Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, : (a) words of any gender include the each other gender; (b) words using the singular or plural number also include the plural or singular number, respectively; (c) the terms “hereof,” “herein,” “hereunder,” “hereby” and derivative or similar words refer to this entire Agreement; (d) the terms all references herein to “include,Articles” or “includes,” and “including” shall be deemed to be followed by the words “but not limited to;” (e) the term “
Appears in 2 contracts
Samples: Supply Agreement (Salix Pharmaceuticals LTD), Transition Services Agreement (Nabi Biopharmaceuticals)
Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, (ai) words of any gender include the each other gender; (bii) words using the singular or plural number also include the plural or singular number, respectively; (cii) the terms “"hereof,” “" "herein,” “hereunder,” “" "hereby” " and derivative or similar words refer to this entire Agreement; (div) the terms “include,” “includes,” "Article" or "Section" refer to the specified Article or Section of this Agreement; and “including” (v) Article and Section headings shall be deemed to be followed by not affect the words “but not limited to;” (e) the term “meaning or construction of any provision of this Agreement.
Appears in 2 contracts
Samples: Development, License and Supply Agreement (Impax Laboratories Inc), Development, License and Supply Agreement (Impax Laboratories Inc)
Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, : (a) words of any gender include the each other gender; (b) words using the singular or plural number also include the plural or singular number, respectively; (c) the terms “hereof,” ”, “herein,” “hereunder,” ”, “hereby” and derivative or similar words refer to this entire Agreement; (d) the terms all references herein to “include,Articles” or “includes,” and “including” shall be deemed to be followed by the words “but not limited to;” (e) the term “
Appears in 2 contracts
Samples: License Agreement (Novavax Inc), License Agreement (Salix Pharmaceuticals LTD)
Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, (ai) words of any gender include the each other gender; (bii) words using the singular or plural number also include the plural or singular number, respectively; (cii) the terms “hereof,” “herein,” “hereunder,” “hereby” and derivative or similar words refer to this entire Agreement; (div) the terms “include,Article” or “includes,Section” refer to the specified Article or Section of this Agreement; and “including” (v) Article and Section headings shall be deemed to be followed by not affect the words “but not limited to;” (e) the term “meaning or construction of any provision of this Agreement.
Appears in 2 contracts
Samples: Development, License and Supply Agreement (Impax Laboratories Inc), Development, License and Supply Agreement (Impax Laboratories Inc)
Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, (a) words of any gender include the other gender; (b) words using the singular or plural number also include the plural or singular number, respectively; (c) the terms “hereof,” “herein,” “hereunder,” “hereby” and derivative or similar words refer to this entire Agreement; (d) the terms “include,” “includes,” and “including” shall be deemed to be followed by the words “but not limited to;” (e) the term “or
Appears in 2 contracts
Samples: Stock Purchase Agreement (Energy West Inc), Stock Purchase Agreement (Energy West Inc)
Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, requires (a) words of any gender include the other gender; (b) words using the singular or plural number also include the plural or singular number, respectively; (c) the terms “"hereof,” “" "herein,” “hereunder,” “" "hereby” " and derivative or similar words refer to this entire Agreement; and (d) the terms “include,” “includes,” and “including” shall be deemed to be followed by the words “but not limited to;” (e) the term “"Article"
Appears in 2 contracts
Samples: Contribution Agreement (Resource America Inc), Contribution Agreement (Atlas Pipeline Partners Lp)
Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, : (ai) words of any gender include the each other gender; (bii) words using the singular or plural number also include the plural or singular number, respectively; (ciii) the terms “"hereof,” “" "herein,” “hereunder,” “" "hereby” " and derivative or similar words refer to this entire Agreement; (div) the terms “include,” “includes,” and “including” shall be deemed "Article" or "Section" refer to be followed by the words “but not limited tospecified Article or Section of this Agreement;” (e) the term “
Appears in 1 contract
Samples: Stock and Asset Purchase Agreement (Mattson Technology Inc)
Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, : (ai) words of any gender include the each other gender; (bii) words using the singular or plural number also include the plural or singular number, respectively; (ciii) the terms “hereof,” “herein,” “hereunder,” “hereby” and derivative or similar words refer to this entire Agreement; (div) the terms “include,Article” or “includes,Section” and “including” shall be deemed refer to be followed by the words “but not limited to;” (e) the term “specified Article or Section of this
Appears in 1 contract
Samples: Asset Purchase Agreement (Vivus Inc)
Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, : (a) words of any either gender include the other gender; (b) words using the singular or plural number also include the plural or singular numbersingular, respectively; (c) the terms “hereof,” “herein,” “hereunder,” “hereby” and derivative or similar words refer to this entire Agreement; (d) the terms “include,” “includes,” and “including” shall be deemed to be followed by the words “but not limited to;” (e) the term “”
Appears in 1 contract
Samples: Revolving Credit Agreement (Silver Bay Realty Trust Corp.)
Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, :
(a) words of any gender include the each other gender; ;
(b) words using the singular or plural number also include the plural or singular number, respectively; ;
(c) the terms “"hereof,” “" "herein,” “hereunder,” “" "hereby” " and derivative or similar words refer to this entire Agreement; (d) the terms “include,” “includes,” and “including” shall be deemed to be followed by the words “but not limited to;” (e) the term “
Appears in 1 contract
Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, (ai) words of any gender include the each other gender; (bii) words using the singular or plural number also include the plural or singular number, respectively; (ciii) the terms “hereof,;” “herein,” “hereunder,” “hereby” and derivative or similar words refer to this entire Agreement; (div) the terms “include,Article” or “includes,Section” refer to the specified Article or Section of this Agreement; and “including” (v) Article and Section headings shall be deemed to be followed by not affect the words “but not limited to;” (e) the term “meaning or construction of any provision of this Agreement.
Appears in 1 contract
Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, : (a) words of any gender include the each other gender; (b) words using the singular or plural number also include the plural or singular number, respectively; (c) the terms “"hereof,” “" "herein,” “hereunder,” “" "hereby” " and derivative or similar words refer to this entire Agreement; (d) the terms “include,” “includes,” and “including” shall be deemed to be followed by the words “but not limited to;” (e) the term “
Appears in 1 contract
Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, (ai) words of any gender include the each other gender; (bii) words using the singular or plural number also include the plural or singular number, respectively; (ciii) the terms “"hereof,” “" "herein,” “hereunder,” “" "hereby” " and derivative or similar words refer to this entire Agreement; (div) the terms “include,” “includes,” "Article" or "Section " refer to the specified Article or Section of this Agreement; and “including” shall be deemed to be followed by the words “but not limited to;” (ev) the term “the
Appears in 1 contract
Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, : (a) words of any gender include the each other gender; (b) words using the singular or plural number also include the plural or singular number, respectively; (c) the terms “"hereof,” “" "herein,” “hereunder,” “" "hereby” " and derivative or similar words refer to this entire Agreement; (d) the terms “include,” “includes,” and “including” shall be deemed to be followed by the words “but not limited to;” (e) the term “"Article"
Appears in 1 contract
Samples: Product License and Assignment Agreement (Cytogen Corp)
Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, : (a) words of any gender include the each other gender; (b) words using the singular or plural number also include the plural or singular number, respectively; (c) the terms “hereof,” “herein,” “hereunder,” “hereby” and derivative or similar words refer to this entire Agreement; (d) the terms “include,Article” or “includes,” and “including” shall be deemed to be followed by the words “but not limited to;” (e) the term “
Appears in 1 contract
Samples: Asset Purchase Agreement (King Pharmaceuticals Inc)
Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, (a) words of any gender include the each other gender; (b) words using the singular or plural number also include the plural or singular number, respectively; (c) the terms “"hereof,” “" "herein,” “hereunder,” “" "hereby” " and derivative or similar words refer to this entire Agreement; (d) the terms “include,” “includes,” and “including” shall be deemed to be followed by the words “but not limited to;” (e) the term “"Article" or "
Appears in 1 contract
Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, (ai) words of any gender include the each other gender; (bii) words using the singular or plural number also include the plural or singular number, respectively; (ciii) the terms “"hereof,” “" "herein,” “hereunder,” “" "hereby” " and derivative or similar words refer to this entire Agreement; (div) the terms “include,” “includes,” and “including” shall be deemed to be followed by the words “but not limited to;” (e) the term “"
Appears in 1 contract
Samples: License and Supply Agreement (Access Pharmaceuticals Inc)
Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, (ai) words of any gender include the each other gender; (bii) words using the singular or plural number also include the plural or singular number, respectively; (ciii) the terms “hereof,” “herein,” “hereunder,” “hereby” and derivative or similar words refer to this entire Agreement; and (div) the terms “include,Article” or “includes,Section” and “including” shall be deemed refer to be followed by the words “but not limited to;” (e) the term “specified Article or Section of this Agreement.
Appears in 1 contract
