Common use of Exhibits; Interpretation Clause in Contracts

Exhibits; Interpretation. The headings contained in this Agreement or in any Exhibit hereto and in the table of contents to this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. Any capitalized terms used in any Exhibit but not otherwise defined therein shall have the meaning as defined in this Agreement. When a reference is made in this Agreement to an Article, Section, Subsection or Exhibit, such reference shall be to a Section or Article of, or an Exhibit to, this Agreement unless otherwise indicated. For all purposes hereof, the terms “include”, “includes” and “including” shall be deemed followed by the words “without limitation”. The words “hereof”, “hereto”, “hereby”, “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The term “or” is not exclusive. The word “extent” in the phrase “to the extent” means the degree to which a subject or other thing extends, and such phrase does not mean simply “if”. Except as otherwise provided, whenever the words “made available to Parent” or similar words are used in this Agreement with respect to any documents or other information, such words shall mean that such documents or information were available to Parent prior to and through the date of this Agreement in the electronic dataroom maintained on behalf of the Company by Xxxxxxx Corporation Ltd. or otherwise provided to Parent prior to the execution of this Agreement. The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms. Any agreement, instrument or Law defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement, instrument or Law as from time to time amended, modified or supplemented. References to a person are also to its permitted successors and assigns.

Exhibits; Interpretation. The headings contained in this Agreement or in any Exhibit hereto and in the table of contents to this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. Any capitalized terms used in any Exhibit but not otherwise defined therein shall have the meaning as defined in this Agreement. When a reference is made in this Agreement to an Article, Section, Subsection Section or Exhibit, such reference shall be to a an Article or Section or Article of, or an Exhibit to, this Agreement unless otherwise indicated. For all purposes hereof, the terms “include”, “includes” and “including” shall be deemed followed by the words “without limitation”. The words “hereof”, “hereto”, “hereby”, “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The term “or” is not exclusive. The word “extent” in the phrase “to the extent” means the degree to which a subject or other thing extends, and such phrase does not mean simply “if”. Except as otherwise provided, whenever the words any information “made available available” to Parent” Parent by the Company or similar words are used its Subsidiaries shall include only that information contained in this Agreement with respect to any documents or other information, such words shall mean that such documents or information were available to Parent prior to and through stored on the date hard disk reflecting the contents of this Agreement in the electronic dataroom that certain virtual data room maintained on behalf of by the Company by Xxxxxxx Corporation Ltd. or otherwise through Ansarada and that Parent’s representatives have been granted access to as of 6:00 p.m., New York City time, on August 5, 2015, a copy of which has been provided to Parent prior to the execution date of this Agreement. The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms. Any agreement, agreement or instrument or Law defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement, agreement or instrument or Law as from time to time amended, modified or supplemented. References to a person are also to its permitted successors and assigns.

Exhibits; Interpretation. The headings contained in this Agreement or in any Exhibit hereto and in the table of contents to this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. Any capitalized terms used in any Exhibit but not otherwise defined therein shall have the meaning as defined in this Agreement. When a reference is made in this Agreement to an Article, Section, Subsection or Exhibit, such reference shall be to a Section or Article of, or an Exhibit to, this Agreement unless otherwise indicated. For all purposes hereof, the terms “include”, “includes” and “including” shall be deemed followed by the words “without limitation”. The words “hereof”, “hereto”, “hereby”, “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The term “or” is not exclusive. The word “extent” in the phrase “to the extent” means the degree to which a subject or other thing extends, and such phrase does not mean simply “if”. Except as otherwise provided, whenever the words “made available to Parent” or similar words are used in this Agreement with respect to any documents or other information, such words shall mean that such documents or information were available to Parent prior to and through the date of this Agreement in the electronic dataroom maintained on behalf of the Company by Xxxxxxx Corporation Ltd. or otherwise provided to Parent prior to the execution of this Agreement. The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms. Any agreement, agreement or instrument or Law defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement, agreement or instrument or Law as from time to time amended, modified or supplemented. References to a person are also to its permitted successors and assigns.

Exhibits; Interpretation. The headings contained in this Agreement or in any Exhibit hereto and in the table of contents to this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. Any capitalized terms used in any Exhibit but not otherwise defined therein shall have the meaning as defined in this Agreement. When a reference is made in this Agreement to an Article, Section, Subsection or Exhibit, such reference shall be to a Section or Article of, or an Exhibit to, this Agreement unless otherwise indicated. For all purposes hereof, the terms “include”, ,” “includes” and “including” shall be deemed followed by the words “without limitation”. .” The words “hereof”, ,” “hereto”, ,” “hereby”, ,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The term “or” is not exclusive. The word “extent” in the phrase “to the extent” means the degree to which a subject or other thing extends, and such phrase does not mean simply “if”. Except as otherwise provided, whenever the .” The words “made available to Parentthe Principal Investor” and words of similar import refer to documents (a) posted to a diligence website by or similar words are used in this Agreement with respect to any documents or other information, such words shall mean that such documents or information were available to Parent prior to and through the date of this Agreement in the electronic dataroom maintained on behalf of the Company by Xxxxxxx Corporation Ltd. and made available to the Principal Investor and its representatives or otherwise provided (b) delivered in person or electronically to Parent the Principal Investor and its representatives, in each case at least two (2) business days prior to the execution of this Agreementdate hereof. The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms. Any agreement, agreement or instrument or Law defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement, agreement or instrument or Law as from time to time amended, modified or supplemented. References to a person are also to its permitted successors and assigns. When calculating the period of time between which, within which or following which any act is to be done or step taken pursuant to this Agreement, the date that is the reference date in calculating such period shall be excluded. The parties hereto have participated jointly in the negotiation and drafting of this Agreement, and in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as jointly drafted by the parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any party hereto by virtue of the authorship of any provision of this Agreement.

Exhibits; Interpretation. The headings contained in this Agreement or in any Exhibit hereto and in the table of contents to this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. Any capitalized terms used in any Exhibit but not otherwise defined therein shall have the meaning as defined in this Agreement. When a reference is made in this Agreement to an Article, Section, Subsection Section or Exhibit, such reference shall be to a an Article or Section or Article of, or an Exhibit to, this Agreement unless otherwise indicated. For all purposes hereof, the terms “include”, “includes” and “including” shall be deemed followed by the words “without limitation”. The words “hereof”, “hereto”, “hereby”, “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The term “or” is not exclusive. The word “extent” in the phrase “to the extent” means the degree to which a subject or other thing extends, and such phrase does not mean simply “if”. Except as otherwise provided, whenever the words any information “made available available” to Parent” Parent by the Company or similar words are used its Subsidiaries shall include only that information contained in this Agreement with respect to any documents or other information, such words shall mean that such documents or information were available to Parent prior to and through stored on the date hard disk reflecting the contents of this Agreement in the electronic dataroom that certain virtual data room maintained on behalf of by the Company by Xxxxxxx Corporation Ltd. or otherwise through Merrill Corporatxxx xxx that Parent’s representatives have been granted access to as of 3:00 p.m., New York City time, on August 25, 2012, a copy of which has been provided to Parent prior to the execution date of this Agreement. The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms. Any agreement, agreement or instrument or Law defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement, agreement or instrument or Law as from time to time amended, modified or supplemented. References to a person are also to its permitted successors and assigns.

Exhibits; Interpretation. The headings contained in this Agreement or in any Exhibit hereto and in the table of contents to this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. Any capitalized terms used in any Exhibit but not otherwise defined therein shall have the meaning as defined in this Agreement. When a reference is made in this 49 Table of Contents Agreement to an Article, Section, Subsection or Exhibit, such reference shall be to a Section or Article of, or an Exhibit to, this Agreement unless otherwise indicated. For all purposes hereof, the terms “include”, “includes” and “including” shall be deemed followed by the words “without limitation”. The words “hereof”, “hereto”, “hereby”, “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The term “or” is not exclusive. The word “extent” in the phrase “to the extent” means the degree to which a subject or other thing extends, and such phrase does not mean simply “if”. For purposes of the third and fourth paragraphs of Section 4.02, the word “binding” shall mean binding and subject to acceptance by the Company without revocation. Except as otherwise provided, whenever the words any information “made available available” to Parent” Parent by the Company or similar words are used its Subsidiaries shall include only that information contained in this Agreement with respect to any documents or other information, such words shall mean that such documents or information were available to Parent prior to and through stored on the date hard disk reflecting the contents of this Agreement in the electronic dataroom that certain virtual data room maintained on behalf of by the Company by Xxxxxxx Corporation Ltd. or otherwise through Xxxxx & Co., Inc. and that Parent’s representatives have been granted access to as of 6:00 p.m., New York City time, on September 19, 2010, a copy of which shall be provided to Parent prior to as promptly as practicable following the execution date of this Agreement. The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms. Any agreement, agreement or instrument or Law defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement, agreement or instrument or Law as from time to time amended, modified or supplemented. References to a person are also to its permitted successors and assigns.

Exhibits; Interpretation. The headings contained in this Agreement or in any Exhibit hereto and in the table of contents to this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. Any capitalized terms used in any Exhibit but not otherwise defined therein shall have the meaning as defined in this Agreement. When a reference is made in this Agreement to an Article, Section, Subsection Section or Exhibit, such reference shall be to a an Article or Section or Article of, or an Exhibit to, this Agreement unless otherwise indicated. For all purposes hereof, the terms “include”, “includes” and “including” shall be deemed followed by the words “without limitation”. The words “hereof”, “hereto”, “hereby”, “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The term “or” is not exclusive. The word “extent” in the phrase “to the extent” means the degree to which a subject or other thing extends, and such phrase does not mean simply “if”. Except as otherwise provided, whenever the words any information “made available to Parentavailable” or similar words are used in this Agreement with respect to any documents or other information, such words shall mean that such documents or information were available to Parent by the Company or its Subsidiaries shall include only that information which, as of 11:59 p.m., New York City time, on the date immediately prior to and through the date of this Agreement Agreement, was (a) contained in that certain virtual data room maintained by the Company through XX Xxxxxxxxx to which Parent’s representatives have been granted access, (b) contained in the electronic dataroom maintained on behalf of the Company by Xxxxxxx Corporation Ltd. Property Works database to which Parent’s representatives have been granted access and (c) written information delivered or otherwise provided presented to Parent prior pursuant to the execution of this AgreementClean Team Letter dated October 25, 2012. The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms. Any agreement, agreement or instrument or Law defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement, agreement or instrument or Law as from time to time amended, modified or supplemented. References to a person are also to its permitted successors and assigns.

Exhibits; Interpretation. The headings contained in this Agreement or in any Exhibit hereto and in the table of contents to this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. Any capitalized terms used in any Exhibit but not otherwise defined therein shall have the meaning as defined in this Agreement. When a reference is made in this Agreement to an Article, Section, Subsection Section or Exhibit, such reference shall be to a an Article or Section or Article of, or an Exhibit to, this Agreement unless otherwise indicated. For all purposes hereof, the terms “"include”", “"includes” " and “"including” " shall be deemed followed by the words “"without limitation”". The words “"hereof”", “"hereto”", “"hereby”", “"herein” " and “"hereunder” " and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The term “"or” " is not exclusive. The word “"extent” " in the phrase “"to the extent” " means the degree to which a subject or other thing extends, and such phrase does not mean simply “"if”". Except as otherwise provided, whenever any information "made available" to Parent by the words “made available to Parent” Company or similar words are used its Subsidiaries shall include only that information contained in this Agreement with respect to any documents or other information, such words shall mean that such documents or information were available to Parent prior to and through stored on the date hard disk reflecting the contents of this Agreement in the electronic dataroom that certain virtual data room maintained on behalf of by the Company by Xxxxxxx Corporation Ltd. or otherwise through IntraLinks, Inc. and that Parent's representatives have been granted access to as of 12:00 p.m., New York City time, on December 7, 2011, a copy of which has been provided to Parent prior to the execution date of this Agreement. The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms. Any agreement, agreement or instrument or Law defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement, agreement or instrument or Law as from time to time amended, modified or supplemented. References to a person are also to its permitted successors and assigns.

Exhibits; Interpretation. The headings contained in this Agreement or in any Exhibit hereto and in the table of contents to this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. Any capitalized terms used in any Exhibit but not otherwise defined therein shall have the meaning as defined in this Agreement. When a reference is made in this Agreement to an Article, Section, Subsection Section or Exhibit, such reference shall be to a an Article or Section or Article of, or an Exhibit to, this Agreement unless otherwise indicated. For all purposes hereof, the terms “include”, “includes” and “including” shall be deemed followed by the words “without limitation”. The words “hereof”, “hereto”, “hereby”, “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The term “or” is not exclusive. The word “extent” in the phrase “to the extent” means the degree to which a subject or other thing extends, and such phrase does not mean simply “if”. Except as otherwise provided, whenever the words any information “made available to Parentavailable” or similar words are used in this Agreement with respect to any documents or other information, such words shall mean that such documents or information were available to Parent by the Company or its Subsidiaries shall include only that information which, as of 11:59 p.m., New York City time, on the date immediately prior to and through the date of this Agreement , was (a) contained in that certain virtual data room maintained by the Company through XX Xxxxxxxxx to which Parent’s representatives have been granted access, (b) contained in the electronic dataroom maintained on behalf of the Company by Xxxxxxx Corporation Ltd. Property Works database to which Parent’s representatives have been granted access and (c) written information delivered or otherwise provided presented to Parent prior pursuant to the execution of this AgreementClean Team Letter dated October 25, 2012. The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms. Any agreement, agreement or instrument or Law defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement, agreement or instrument or Law as from time to time amended, modified or supplemented. References to a person are also to its permitted successors and assigns.

Exhibits; Interpretation. The headings contained in this Agreement or in any Exhibit hereto and in the table of contents to this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement. Any capitalized terms used in any Exhibit but not otherwise defined therein shall have the meaning as defined in this Agreement. When a reference is made in this Agreement to an Article, Section, Subsection Section or Exhibit, such reference shall be to a an Article or Section or Article of, or an Exhibit to, this Agreement unless otherwise indicated. For all purposes hereof, the terms “include”, “includes” and “including” shall be deemed followed by the words “without limitation”. The words “hereof”, “hereto”, “hereby”, “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The term “or” is not exclusive. The word “extent” in the phrase “to the extent” means the degree to which a subject or other thing extends, and such phrase does not mean simply “if”. Except as otherwise provided, whenever the words any information “made available to Parentavailable” or similar words are used in this Agreement with respect to any documents or other information, such words shall mean that such documents or information were available to Parent by the Company or its Subsidiaries shall include only that information which, as of 11:59 p.m., San Francisco time, on the date immediately prior to and through the date of this Agreement Agreement, was contained in the electronic dataroom that certain virtual data room maintained on behalf of by the Company by Xxxxxxx Corporation Ltd. or otherwise provided through October 8, 2015 to Parent prior to the execution of this Agreementwhich Parent’s representatives have been granted access. The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms. Any agreement, agreement or instrument or Law defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement, agreement or instrument or Law as from time to time amended, modified or supplemented. References to a person are also to its permitted successors and assigns.