Common use of Defined Terms and Certain Rules of Construction Clause in Contracts

Defined Terms and Certain Rules of Construction. (a) Unless otherwise expressly defined herein, all capitalized terms herein will have the meanings ascribed to them in the Loan Agreement. Any defined term used in the plural herein refers to all members of the relevant class and any defined term used in the singular refers to any number of the members of the relevant class. (b) Any reference to any Loan Document or other document includes such document both as originally executed and as it may from time to time be amended, restated, supplemented or modified. References herein to Articles, Sections and Exhibits will be construed as references to this Guaranty unless a different document is named. References to subparagraphs will be construed as references to the same Section in which the reference appears. The term “document” is used in its broadest sense and encompasses agreements, certificates, opinions, consents, instruments and other written material of every kind. The terms “including” and “include” mean “including (include) without limitation”. The terms “hereof,” “herein” and “hereunder” and words of similar import when used in this Guaranty refers to this Guaranty as a whole and not to any particular provision of this Guaranty.

Appears in 2 contracts

Samples: Payment Guaranty Agreement (KBS Real Estate Investment Trust III, Inc.), Recourse Carve Out Guaranty Agreement (KBS Real Estate Investment Trust III, Inc.)

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Defined Terms and Certain Rules of Construction. (a) Unless otherwise expressly defined herein, all capitalized terms herein will have the meanings ascribed to them in the Loan Agreement. Any defined term used in the plural herein refers to all members of the relevant class and any defined term used in the singular refers to any number of the members of the relevant class. (b) Any reference to any Loan Document or other document includes such document both as originally executed and as it may from time to time be amended, restated, supplemented or modified. References herein to Articles, Sections and Exhibits will be construed as references to this Guaranty unless a different document is named. References to subparagraphs will be construed as references to the same Section in which the reference appears. The term "document" is used in its broadest sense and encompasses agreements, certificates, opinions, consents, instruments and other written material of every kind. The terms "including" and "include" mean "including (include) without limitation". The terms "hereof,” “" "herein" and "hereunder" and words of similar import when used in this Guaranty refers to this Guaranty as a whole and not to any particular provision of this Guaranty.

Appears in 2 contracts

Samples: Recourse Carve Out Guaranty Agreement (KBS Real Estate Investment Trust III, Inc.), Payment Guaranty Agreement (KBS Real Estate Investment Trust III, Inc.)

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