Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, (i) words of any gender include each other gender; (ii) words using the singular or plural number also include the plural or singular number, respectively; (iii) the terms "hereof," "herein," "hereby" and derivative or similar words refer to this entire Agreement; (iv) the terms "Article" or "Section" refer to the specified Article or Section of this Agreement; and (v) the phrase "ordinary course of business" refers to the business of the Company or a Subsidiary. Whenever this Agreement refers to a number of days, such number shall refer to calendar days unless business days are specified. All accounting terms used herein and not expressly defined herein shall have the meanings given to them under GAAP. Any representation or warranty contained herein as to the enforceability of a contract shall be subject to the effect of any bankruptcy, insolvency, reorganization, moratorium or other similar law affecting the enforcement of creditors' rights generally and to general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at Law).
Appears in 6 contracts
Samples: Subscription Agreement (Vertex Interactive Inc), Subscription Agreement (Wire One Technologies Inc), Note Purchase Agreement (Vertex Interactive Inc)
Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, (i) words of any gender include each other gender; (ii) words using the singular or plural number also include the plural or singular number, respectively; (iii) the terms "hereof," "herein," "hereby" and derivative or similar words refer to this entire Agreement; (iv) the terms "Article" or "Section" refer to the specified Article or Section of this Agreement; and (v) "include" or "including" means including without limiting the phrase "ordinary course generality of business" refers to the business of the Company or a Subsidiaryany description preceding such term. Whenever this Agreement refers to a number of days, such number shall refer to calendar days unless business days Business Days are specified. All accounting terms used herein and not expressly defined herein shall have the meanings given to them under GAAP. Any representation or warranty contained herein as to the enforceability of a contract Contract shall be subject to the effect of any bankruptcy, insolvency, reorganization, moratorium or other similar law affecting the enforcement of creditors' rights generally and to general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at Law).
Appears in 5 contracts
Samples: Sale and Purchase Agreement, Sale and Purchase Agreement (Ormat Funding Corp.), Sale and Purchase Agreement (Ormat Funding Corp.)
Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, (i) words of any gender include each other gender; (ii) words using the singular or plural number also include the plural or singular number, respectively; (iii) the terms "hereof," "herein," "hereby" and derivative or similar words refer to this entire Agreement; (iv) the terms "Article" or "Section" refer to the specified Article or Section of this Agreement; and (v) the phrase "ordinary course of business" refers to the business of the Company or a SubsidiaryCompany. Whenever this Agreement refers to a number of days, such number shall refer to calendar days unless business days Business Days are specified. All accounting terms used herein and not expressly defined herein shall have the meanings given to them under GAAP. Any representation or warranty contained herein as to the enforceability of a contract Contract shall be subject to the effect of any bankruptcy, insolvency, reorganization, moratorium or other similar law affecting the enforcement of creditors' rights generally and to general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at Law).
Appears in 5 contracts
Samples: Asset Purchase Agreement (Station Casinos Inc), Stock Purchase Agreement (Triarc Companies Inc), Purchase Agreement (Alliance Gaming Corp)
Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, (i) words of any gender include each other gender; (ii) words using the singular or plural number also include the plural or singular number, respectively; (iii) the terms "hereof," "herein," "hereby" and derivative or similar words refer to this entire Agreement; (iv) the terms "Article" or "Section" refer to the specified Article or Section of this Agreement; and (v) the phrase "ordinary course of business" refers to the business of the Company or a Subsidiary. Whenever this Agreement refers to a number of days, such number shall refer to calendar days unless business days Business Days are specified. All accounting terms used herein and not expressly defined herein shall have the meanings given to them under GAAP. Any representation or warranty contained herein as to the enforceability of a contract Contract shall be subject to the effect of any bankruptcy, insolvency, reorganization, moratorium or other similar law affecting the enforcement of creditors' rights generally and to general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at Law).
Appears in 2 contracts
Samples: Recapitalization and Stock Purchase Agreement (E&s Holdings Corp), Unit Purchase Agreement (Northwestern Corp)
Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, (i) words of any gender include each other gender; (ii) words using the singular or plural number also include the plural or singular number, respectively; (iii) the terms "hereof," "herein," "hereby" and derivative or similar words refer to this entire Agreement; (iv) the terms "Article" or "Section" refer to the specified Article or Section of this Agreement; and (v) the phrase "ordinary course of business" refers to the business of Seller in connection with the Company or a SubsidiaryBusiness. Whenever this Agreement refers to a number of days, such number shall refer to calendar days unless business days Business Days are specified. All accounting terms used herein and not expressly defined herein shall have the meanings given to them under GAAP. Any representation or warranty contained herein as to the enforceability of a contract Contract shall be subject to the effect of any bankruptcy, insolvency, reorganization, moratorium or other similar law affecting the enforcement of creditors' rights generally and to general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at Law).
Appears in 1 contract
Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, (i) words of any gender include each other gender; (ii) words using the singular or plural number also include the plural or singular number, respectively; (iii) the terms "hereof," "herein," "hereby" and derivative or similar words refer to this entire Agreement; (iv) the terms "Article" or "Section" refer to the specified Article or Section of this Agreement; and (v) the phrase "ordinary course of business" refers to the business of Company in connection with the Company or a SubsidiaryBusiness. Whenever this Agreement refers to a number of days, such number shall refer to calendar days unless business days Business Days are specified. All accounting terms used herein and not expressly defined herein shall have the meanings given to them under GAAP. Any representation or warranty contained herein as to the enforceability of a contract Contract shall be subject to the effect of any bankruptcy, insolvency, reorganization, moratorium or other similar law affecting the enforcement of creditors' rights generally and to general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at Law).
Appears in 1 contract
Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, (i) words of any gender include each other gender; (ii) words using the singular or plural number also include the plural or singular number, respectively; (iii) the terms "“hereof," "” “herein," "” “hereby" ” and derivative or similar words refer to this entire Agreement; (iv) the terms "“Article" ” or "“Section" ” refer to the specified Article or Section of this Agreement; and (v) the phrase "“ordinary course of business" ” refers to the business of Seller in connection with the Company or a SubsidiaryBusiness. Whenever this Agreement refers to a number of days, such number shall refer to calendar days unless business days Business Days are specified. All accounting terms used herein and not expressly defined herein shall have the meanings given to them under GAAP. Any representation or warranty contained herein as to the enforceability of a contract Contract shall be subject to the effect of any bankruptcy, insolvency, reorganization, moratorium or other similar law affecting the enforcement of creditors' ’ rights generally and to general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at Law).
Appears in 1 contract
Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, (i) words of any gender include each other gender; (ii) words using the singular or plural number also include the plural or singular number, respectively; (iii) the terms "“hereof," "” “herein," "” “hereby" ” and derivative or similar words refer to this entire Agreement; (iv) the terms "“Article" ” or "“Section" ” refer to the specified Article or Section of this Agreement; and (v) “include” or “including” means including without limiting the phrase "ordinary course generality of business" refers to the business of the Company or a Subsidiaryany description preceding such term. Whenever this Agreement refers to a number of days, such number shall refer to calendar days unless business days Business Days are specified. All accounting terms used herein and not expressly defined herein shall have the meanings given to them under GAAP. Any representation or warranty contained herein as to the enforceability of a contract Contract shall be subject to the effect of any bankruptcy, insolvency, reorganization, moratorium or other similar law affecting the enforcement of creditors' ’ rights generally and to general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at Law).
Appears in 1 contract
Samples: Sale and Purchase Agreement (Ormat Technologies, Inc.)
Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, : (i) words of any gender include each other gender; (ii) words using the singular or plural number also include the plural or singular number, respectively; (iii) the terms "“hereof," "” “herein," "” “hereby" ” and derivative or similar words refer to this entire Agreement; (iv) the terms "“Article" ” or "“Section" ” refer to the specified Article or Section of this Agreement; and (v) the phrase "“ordinary course of business" ” refers to the business Debtors’ operation of the Company or a Subsidiaryits business. Whenever this Agreement refers to a number of days, such number shall refer to calendar days unless business days Business Days are specified. All accounting terms used herein and not expressly defined herein shall have the meanings given to them under GAAP. Any representation or warranty contained herein as to the enforceability of a contract Contract shall be subject to the effect of any bankruptcy, insolvency, reorganization, moratorium moratorium, or other similar law affecting the enforcement of creditors' ’ rights generally and to general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at Law).
Appears in 1 contract
Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, (i) words of any gender include each other gender; (ii) words using the singular or plural number also include the plural or singular number, respectively; (iii) the terms "“hereof," "” “herein," "” “hereby" ” and derivative or similar words refer to this entire Agreement; (iv) the terms "“Article" ” or "“Section" ” refer to the specified Article or Section of this Agreement; and (v) “include” or “including” means including without limiting the phrase "ordinary course generality of business" refers to the business of the Company or a Subsidiaryany description preceding such term. Whenever this Agreement refers to a number of days, such number shall refer to calendar days unless business days Business Days are specified. All accounting terms used herein and not expressly defined herein shall have the meanings given to them under GAAP. Any representation or warranty contained herein as to the enforceability of a contract shall be subject to the effect of any bankruptcy, insolvency, reorganization, moratorium or other similar law Laws affecting the enforcement of creditors' ’ rights generally and to general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at Lawlaw).
Appears in 1 contract
Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, (i) words of any gender include each other gender; (ii) words using the singular or plural number also include the plural or singular number, respectively; (iii) the terms "“hereof," "” “herein," "” “hereby" ” and derivative or similar words refer to this entire Agreement; (iv) the terms "“Article" ” or "“Section" ” refer to the specified Article or Section of this Agreement; and (v) the phrase "“ordinary course of business" ” refers to the business of Sellers in connection with the Company or a SubsidiaryBusiness. Whenever this Agreement refers to a number of days, such number shall refer to calendar days unless business days Business Days are specified. All accounting terms used herein and not expressly defined herein shall have the meanings given to them under GAAP. Any representation or warranty contained herein as to the enforceability of a contract Contract shall be subject to the effect of any bankruptcy, insolvency, reorganization, moratorium or other similar law affecting the enforcement of creditors' ’ rights generally and to general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at Law).. ARTICLE XII MISCELLANEOUS 12.01
Appears in 1 contract
Samples: Asset Purchase Agreement (Gaiam Inc)