General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: (a) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender; (b) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles; (c) references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement; (d) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof; (e) reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions; (f) the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and (g) the term “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 79 contracts
Samples: Purchase and Sale Agreement, Flow Mortgage Loan Servicing Agreement (Sequoia Residential Funding Inc), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2013-8)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) references herein to “"Articles,” “", "Sections,” “", "Subsections,” “", "Paragraphs” ", and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(fe) the words “"herein,” “", "hereof,” “", "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(gf) the term “"include” " or “"including” " shall mean without limitation by reason of enumeration.
Appears in 18 contracts
Samples: Servicing Agreement (Lehman Xs Trust Series 2005-3), Servicing Agreement (Structured Asset Mortgage Investments Inc), Seller's Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2006-4)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principlesGAAP;
(c) references herein to “Articles,” “"Sections,” “" "Subsections,” “" "Paragraphs” ," and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(fe) the words “"herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(g) the term “include” or “including” shall mean without limitation by reason of enumeration.;
Appears in 17 contracts
Samples: Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-11), Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-7), Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-12xs)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) references herein to an “ArticlesArticle,” “SectionsSection,” “Subsections,” “Paragraphs” and or other subdivisions subdivision without reference to a document are to the designated ArticlesArticle, Sections, Subsections, Paragraphs and Section or other subdivisions applicable subdivision of this Agreement;
(d) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) reference to a Subsection Section, subsection, paragraph or other subdivision without further reference to a specific Section is a reference to such Subsection Section, subsection, paragraph or other subdivision, as the case may be, as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(fe) the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and;
(gf) the term “include” or “including” shall mean without limitation by reason of enumeration.; and
Appears in 13 contracts
Samples: Servicing Agreement (Lument Finance Trust, Inc.), Servicing Agreement (Granite Point Mortgage Trust Inc.), Servicing Agreement (Granite Point Mortgage Trust Inc.)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
, (ai) the terms defined in Appendix I and elsewhere in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
genders; (bii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
GAAP; (ciii) references herein to “Articles,” “Sections,” “Subsectionssubsections,” “Paragraphsparagraphs” and other subdivisions without reference to a document are to designated Articles, Sections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement;
; (div) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection subsection without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs paragraphs and other subdivisions;
; (fv) a reference to an Exhibit or a Schedule without a further reference to the document to which the Exhibit or Schedule is attached is a reference to an Exhibit or Schedule to this Agreement; (vi) the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
and (gvii) the term “include” or word “including” shall mean without limitation by reason of enumerationmeans “including, but not limited to.”
Appears in 11 contracts
Samples: Master Credit Facility Agreement (Avalonbay Communities Inc), Master Credit Facility Agreement (Erp Operating LTD Partnership), Master Credit Facility Agreement (Archstone Inc.)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) the The defined terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the any other gender;
(b) accounting Accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principlesprinciples as in effect on the date hereof;
(c) references References herein to “Articles,” “Sections,” “Subsections,” “Paragraphsparagraphs” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs paragraphs and other subdivisions of this Agreement;
(d) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) A reference to a Subsection paragraph without further reference to a Section is a reference to such Subsection paragraph as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs subparagraphs and other subdivisions;
(fe) the The words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(gf) the The term “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 11 contracts
Samples: Trust Agreement, Loan Program Agreement (First Marblehead Corp), Loan Program Agreement (First Marblehead Corp)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(ai) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(bii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(ciii) references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs Paragraphs, and other subdivisions of this Agreement;
(div) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(fv) the words “herein,” “hereof,” “hereunder,” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(gvi) the term “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 10 contracts
Samples: Servicing Agreement (GSR Mortgage Loan Trust 2006-10f), Servicing Agreement (GSR Mortgage Loan Trust 2006-8f), Servicing Agreement (GSR Mortgage Loan Trust 2006-8f)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principlesGAAP;
(c) references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(fe) the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and;
(gf) the term “include” or “including” shall mean without limitation by reason of enumeration.; and
Appears in 10 contracts
Samples: Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-11ar), Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-10sl), Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-9sl)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a1) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b2) any reference in this Agreement to this Agreement or any other agreement, document, or instrument shall be a reference to this Agreement or any other such agreement, document, or instrument as the same has been amended, modified, or supplemented in accordance with the terms hereof and thereof (as applicable);
(3) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c4) references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs, ” and other subdivisions without reference to a document are to designated Articlesarticles, Sectionssections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement, unless the context shall otherwise require;
(d5) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection subsection without further reference to a Section section is a reference to such Subsection subsection as contained in the same Section section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(f6) a reference to a “day” shall be a reference to a calendar day;
(7) the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(g) 8) the term terms “include” or and “including” shall mean without limitation by reason of enumerationenumeration .
Appears in 8 contracts
Samples: Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Ar5), Servicing Agreement (Lehman Mortgage Trust 2007-5), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Ar1)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
, (ai) the terms defined in Article I, Section 15.01, Section 16.01 and elsewhere in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
genders; (bii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
GAAP; (ciii) references herein to “Articles,” “Sections,” “Subsectionssubsections,” “Paragraphsparagraphs” and other subdivisions without reference to a document are to designated Articles, Sections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement;
; (div) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection subsection without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs paragraphs and other subdivisions;
; (fv) a reference to an Exhibit or a Schedule without a further reference to the document to which the Exhibit or Schedule is attached is a reference to an Exhibit or Schedule to this Agreement; (vi) the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
and (gvii) the term “include” or word “including” shall mean without limitation by reason of enumerationmeans “including, but not limited to.”
Appears in 7 contracts
Samples: Master Credit Facility Agreement (Mid America Apartment Communities Inc), Master Credit Facility Agreement (United Dominion Realty Trust Inc), Master Credit Facility Agreement (United Dominion Realty Trust Inc)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a1) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b2) any reference in this Agreement to this Agreement or any other agreement, document, or instrument shall be a reference to this Agreement or any other such agreement, document, or instrument as the same has been amended, modified, or supplemented in accordance with the terms hereof and thereof (as applicable);
(3) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c4) references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articlesarticles, Sectionssections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement, unless the context shall otherwise require;
(d5) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection subsection without further reference to a Section section is a reference to such Subsection subsection as contained in the same Section section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(f6) a reference to a “day” shall be a reference to a calendar day;
(7) the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(g) 8) the term terms “include” or and “including” shall mean without limitation by reason of enumeration.
Appears in 6 contracts
Samples: Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Sequoia Mortgage Trust 2013-1), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Sequoia Mortgage Trust 2012-3), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Sequoia Mortgage Trust 2012-2)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(ai) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(bii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(ciii) references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs Paragraphs, and other subdivisions of this Agreement;
(div) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection subsection without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(fv) the words “herein,” “hereof,” “hereunder,” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(gvi) the term “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 5 contracts
Samples: Purchase Agreement (First Marblehead Corp), Mortgage Loan Purchase and Sale Agreement (Citigroup Mortgage Loan Trust Inc., Series 2006-Ar2), Mortgage Loan Purchase and Sale Agreement (GSR Mortgage Loan Trust 2007-3f)
General Interpretive Principles. For purposes of this Master Loan Sale Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) the A. The terms defined in this Master Loan Sale Agreement have the meanings assigned to them in this Master Loan Sale Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) accounting B. Accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) references C. References herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions Subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Master Loan Sale Agreement;
(d) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) reference D. Reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(f) the E. The words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Master Loan Sale Agreement as a whole and not to any particular provision; and
(g) the F. The term “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 5 contracts
Samples: Master Loan Sale Agreement (Nelnet Inc), Master Loan Sale Agreement, Master Loan Sale Agreement
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a1) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b2) any reference in this Agreement to this Agreement or any other agreement, document, or instrument shall be a reference to this Agreement or any other such agreement, document, or instrument as the same has been amended, modified, or supplemented in accordance with the terms hereof and thereof (as applicable);
(3) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c4) references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articlesarticles, Sectionssections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement, unless the context shall otherwise require;
(d5) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection subsection without further reference to a Section section is a reference to such Subsection subsection as contained in the same Section section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(f6) a reference to a “day” shall be a reference to a calendar day;
(7) the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(g) 8) the term terms “include” or and “including” shall mean without limitation by reason of enumerationenumeration .
Appears in 5 contracts
Samples: Mortgage Loan Flow Purchase, Sale & Servicing Agreement (GSR Mortgage Loan Trust 2006-8f), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (GSR Mortgage Loan Trust 2007-Ar1), Trust Agreement (GSAA Home Equity Trust 2007-9)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(ai) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(bii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(ciii) references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs Paragraphs, and other subdivisions of this Agreement;
(div) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection subsection without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(fv) the words “herein,” “hereof,” “hereunder,” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(gvi) the term “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 5 contracts
Samples: Mortgage Loan Purchase and Sale Agreement, Mortgage Loan Purchase and Sale Agreement (WaMu Asset Acceptance Corp.), Mortgage Loan Purchase and Sale Agreement (WaMu Asset Acceptance Corp.)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) a. the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) b. accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) c. references herein to “Articles,” ”, “Sections,” ”, “Subsections,” ”, “Paragraphs” ”, and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) d. a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(f) e. the words “herein,” ”, “hereof,” ”, “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and;
(g) f. the term “include” or “including” shall mean without limitation by reason of enumeration.;
Appears in 4 contracts
Samples: Master Repurchase Agreement (InPoint Commercial Real Estate Income, Inc.), Master Repurchase Agreement (RAIT Financial Trust), Master Repurchase Agreement (Arbor Realty Trust Inc)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(ai) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(bii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(ciii) references herein to “"Articles,” “" "Sections,” “" "Subsections,” “" "Paragraphs” ," and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs Paragraphs, and other subdivisions of this Agreement;
(div) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(fv) the words “"herein,” “" "hereof,” “" "hereunder” ," and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(gvi) the term “"include” " or “"including” " shall mean without limitation by reason of enumeration.
Appears in 4 contracts
Samples: Servicing Agreement (GSR Mortgage Loan Trust 2007-Ar2), Servicing Agreement (GSR Mortgage Loan Trust 2006-10f), Assignment, Assumption and Recognition Agreement (Bear Stearns Asset Backed Securities Inc)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) the The terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) accounting Accounting terms not otherwise defined herein have the meanings assigned to them in accordance with United States generally accepted accounting principles;
(c) references References herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(fe) the The words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(gf) the The term “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 3 contracts
Samples: Mortgage Banking Services Agreement (PennyMac Financial Services, Inc.), Mortgage Banking Services Agreement (PennyMac Financial Services, Inc.), Mortgage Banking Services Agreement (Pennymac Financial Services, Inc.)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
, (ai) the terms defined in Article I, Section 15.01, Section 16.01 and elsewhere in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
genders; (bii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
GAAP; (ciii) references herein to “"Articles,” “" "Sections,” “Subsections" "subsections,” “Paragraphs” " "paragraphs" and other subdivisions without reference to a document are to designated Articles, Sections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement;
; (div) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection subsection without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs paragraphs and other subdivisions;
; (fv) a reference to an Exhibit or a Schedule without a further reference to the document to which the Exhibit or Schedule is attached is a reference to an Exhibit or Schedule to this Agreement; (vi) the words “"herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
and (gvii) the term “include” or “word "including” shall mean without limitation by reason of enumeration" means "including, but not limited to."
Appears in 3 contracts
Samples: Master Credit Facility Agreement (Walden Residential Properties Inc), Master Credit Facility Agreement (United Dominion Realty Trust Inc), Master Credit Facility Agreement (Mid America Apartment Communities Inc)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
, (ai) the terms defined in this Agreement Article 1 have the meanings assigned to them in this Agreement therein and shall include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
genders; (bii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
; (ciii) references herein to “Articles,” “Sections,” “Subsectionssubsections,” “Paragraphsparagraphs” and other subdivisions without reference to a document are to designated Articles, Sections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement;
; (div) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection subsection without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs paragraphs and other subdivisions;
; (fv) a reference to an Exhibit or a Schedule without a further reference to the document to which the Exhibit or Schedule is attached is a reference to an Exhibit or Schedule to this Agreement; (vi) the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
and (gvii) the term “include” or word “including” shall mean without limitation by reason of enumerationmeans “including, but not limited to.”
Appears in 3 contracts
Samples: Limited Partnership Agreement (DCT Chino LLC), Limited Partnership Agreement (DCT Chino LLC), Limited Partnership Agreement (DCT Chino LLC)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principlesprinciples in the United States;
(c) references herein to an “ArticlesArticle,” “SectionsSection,” “Subsections,” “Paragraphs” and or other subdivisions subdivision without reference to a document are to the designated ArticlesArticle, Sections, Subsections, Paragraphs and Section or other subdivisions applicable subdivision of this Agreement;
(d) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) reference to a Subsection Section, subsection, paragraph or other subdivision without further reference to a specific Section is a reference to such Subsection Section, subsection, paragraph or other subdivision, as the case may be, as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(fe) the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and;
(gf) the term “include” or “including” shall mean without limitation by reason of enumeration.; and
Appears in 3 contracts
Samples: Servicing Agreement, Servicing Agreement (Pennymac Financial Services, Inc.), Servicing Agreement (PennyMac Mortgage Investment Trust)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a1) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b2) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c3) references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions Subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e4) reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(f5) the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision;
(6) the word “day” or “days” shall mean calendar day(s) unless expressly stated otherwise; and
(g7) the term “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 3 contracts
Samples: Master Participation Agreement, Master Participation Agreement (Nelnet Inc), Master Participation Agreement (Student Loan Corp)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
, (ai) the terms defined in this Agreement Article shall have the meanings assigned to them in this Agreement Article and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
genders; (bii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
GAAP (cas defined herein); (iii) references herein in this Agreement to “Articles,” “Sections,” “Subsectionssubsections,” “Paragraphsparagraphs” and other subdivisions without reference to a document are to designated Articles, Sections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement;
; (div) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection subsection without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs paragraphs and other subdivisions;
; (fv) the words “hereto,” “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(gvi) the term “include” or word “including” means “including, but not limited to”; and (vii) all Schedules and Exhibits to this Agreement are incorporated herein by this reference thereto as if fully set forth herein, and all references herein to this Agreement shall mean without limitation by reason of enumerationbe deemed to include all such incorporated Schedules and Exhibits.
Appears in 2 contracts
Samples: Limited Partnership Agreement, Limited Partnership Agreement (Strategic Hotel Capital Inc)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
, (ai) the terms defined in this Agreement Article have the meanings assigned to them in this Agreement Article and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
genders; (bii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
GAAP; (ciii) references herein in this Agreement to “Articles,” “Sections,” “Subsectionssubsections,” “Paragraphsparagraphs” and other subdivisions without reference to a document are to designated Articles, Sections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement;
; (div) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection subsection without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs paragraphs and other subdivisions;
; (fv) the words “hereto,” “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(gvi) the term “include” or word “including” means “including, but not limited to”; (vii) the words “not including” mean “excluding only”; (viii) the headings in this Agreement are for convenience only and are not intended to describe, interpret, define, or limit the scope, extent, or intent of any of the provisions of this Agreement; and (ix) all Schedules and Exhibits to this Agreement are incorporated herein by this reference thereto as if fully set forth herein, and all references herein to this Agreement shall mean without limitation by reason of enumerationbe deemed to include all such incorporated Schedules and Exhibits.
Appears in 2 contracts
Samples: Limited Partnership Agreement (CNL Income Mesa Del Sol, LLC), Limited Liability Limited Partnership Agreement (CNL Income Properties Inc)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) a. the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) b. accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principlesGAAP;
(c) c. references herein to “Articles,” ”, “Sections,” ”, “Subsections,” ”, “Paragraphs” ”, and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) d. a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(f) e. the words “herein,” ”, “hereof,” ”, “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and;
(g) f. the term “include” or “including” shall mean without limitation by reason of enumeration.;
Appears in 2 contracts
Samples: Master Repurchase Agreement (UWM Holdings Corp), Master Repurchase Agreement (loanDepot, Inc.)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) the The terms defined in or incorporated by reference into this Agreement have the meanings assigned to them in this Agreement or the Excess Servicing Spread Sale and Assignment Agreement, as applicable, and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) accounting Accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) references References herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(fe) the The words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(g) the term “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 2 contracts
Samples: Excess Spread Refinanced Loan Replacement Agreement (Newcastle Investment Corp), Excess Spread Refinanced Loan Replacement Agreement (Nationstar Mortgage Holdings Inc.)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) , the terms defined in Appendix I and elsewhere in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) genders; accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) GAAP; references herein to “Articles,” “Sections,” “Subsectionssubsections,” “Paragraphsparagraphs” and other subdivisions without reference to a document are to designated Articles, Sections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement;
(d) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) ; a reference to a Subsection subsection without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs paragraphs and other subdivisions;
(f) ; a reference to an Exhibit or a Schedule without a further reference to the document to which the Exhibit or Schedule is attached is a reference to an Exhibit or Schedule to this Agreement; the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(g) and the term “include” or word “including” shall mean without limitation by reason of enumerationmeans “including, but not limited to.”
Appears in 2 contracts
Samples: Master Credit Facility Agreement (Camden Property Trust), Master Credit Facility Agreement (Camden Property Trust)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
: (a) the The defined terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the any other gender;
; (b) accounting Accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
principles as in effect on the date hereof; (c) references References herein to “Articles,” “Sections,” “Subsections,” “Paragraphsparagraphs” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs paragraphs and other subdivisions of this Agreement;
; (d) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) A reference to a Subsection paragraph without further reference to a Section is a reference to such Subsection paragraph as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs subparagraphs and other subdivisions;
; (fe) the The words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
and (gf) the The term “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 2 contracts
Samples: Trust Agreement, Trust Agreement
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) : the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) ; accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) ; references herein to “"Articles,” “" "Sections,” “" "Subsections,” “" "Paragraphs” ," and other subdivisions Subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) ; reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(f) ; the words “"herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(g) the term “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 2 contracts
Samples: Reconstituted Servicing Agreement (HarborView 2007-1), Master Mortgage Loan Purchase and Interim Servicing Agreement (E Loan Inc)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
, (ai) the terms defined in Appendix I and elsewhere in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
genders; (bii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
GAAP; (ciii) references herein to “Articles,” “Sections,” “Subsectionssubsections,” “Paragraphsparagraphs” and other subdivisions without reference to a document are to designated Articles, Sections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement;
; (div) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection subsection without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs paragraphs and Colonial/ Grandbridge — Master Credit Facility Agreement other subdivisions;
; (fv) a reference to an Exhibit or a Schedule without a further reference to the document to which the Exhibit or Schedule is attached is a reference to an Exhibit or Schedule to this Agreement; (vi) the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
and (gvii) the term “include” or word “including” shall mean without limitation by reason of enumerationmeans “including, but not limited to.”
Appears in 1 contract
Samples: Master Credit Facility Agreement (Colonial Realty Limited Partnership)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(ai) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(bii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principlesGAAP as in effect from time to time;
(ciii) references herein to “"Articles,” “", "Sections,” “", "Subsections,” “", "Paragraphs” " and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(div) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(fv) the words “"herein,” “", "hereof,” “", "hereunder” ", "hereto", "hereby" and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(gvi) the term “terms "include” or “" and "including” " shall mean without limitation by reason of enumeration.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
: (a) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
; (b) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
; (c) references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions Subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
; (d) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
; (e) reference to a “Exhibit” or “Schedule” without reference to a document are to designated Exhibits or Schedules to this Agreement; (f) the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(g) the term “include” or “including” shall mean without limitation by reason of enumeration; (h) reference to this Agreement or any other document referenced herein shall include all exhibits or schedules thereto and shall refer to such document as amended, restated or modified from time to time; and (i) reference to (x) “Knowledge” of any of the Sellers or the Seller Representative or (y) “Known” by any of the Sellers or the Seller Representatives, in each case, means the actual knowledge of any of Xxxxxxx Xxxxxxx and Xxxxxx X. Xxxxxxxxx, without implication of verification or investigation concerning such knowledge.
Appears in 1 contract
Samples: Mortgage Loan Purchase Agreement (HSBC Finance Corp)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided herein or unless the context otherwise requires:
, (ai) the terms defined in this Agreement Section have the meanings assigned to them in this Agreement Section and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
genders; (bii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
GAAP; (ciii) references herein in this Agreement to “"Articles,” “" "Sections,” “Subsections" "subsections,” “Paragraphs” " "paragraphs" and other subdivisions without reference to a document are to designated Articles, Sections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement;
; (div) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection subsection without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs paragraphs and other subdivisions;
; (fv) the words “"herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(gvi) the term “include” word "including" means "including, but not limited to", (vii) the words "not including" mean "excluding only"; and (viii) the headings in this Agreement are for convenience only and are not intended to describe, interpret, define or “including” shall mean without limitation by reason limit the scope, extent, or intent of enumerationany of the provisions of this Agreement.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Maui Land & Pineapple Co Inc)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) references herein to “Articles,” “Sections,” “SubsectionsParagraphs,” “Paragraphs” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) reference to a Subsection Section without further reference to a Section is a reference to such Subsection Section as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(fe) the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and;
(gf) the term “include” or “including” shall mean without limitation by reason of enumeration.;
Appears in 1 contract
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
, (ai) the terms defined in this Agreement Article have the meanings assigned to them in this Agreement Article and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
genders; (bii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
GAAP; (ciii) references herein in this Agreement to “Articles,” “Sections,” “Subsectionssubsections,” “Paragraphsparagraphs” and other subdivisions without reference to a document are to designated Articles, Sections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement;
; (div) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection subsection without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs paragraphs and other subdivisions;
; (fv) the words “hereto,” “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(gvi) the term “include” or word “including” means “including, but not limited to”; (vii) the words “not including” mean “excluding only”; (viii) the headings in this Agreement are for convenience only and are not intended to describe, interpret, define, or limit the scope, extent, or intent of any of the provisions of this Agreement; and (ix) all Exhibits to this Agreement are incorporated herein by this reference thereto as if fully set forth herein, and all references herein to this Agreement shall mean without limitation by reason of enumerationbe deemed to include all such incorporated Exhibits.
Appears in 1 contract
Samples: Partnership Interest Purchase Agreement (CNL Income Properties Inc)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
, (ai) the terms defined in Article I, Section 13.03, Section 14.01 and elsewhere in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
genders; (bii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
GAAP; (ciii) references herein to “"Articles,” “" "Sections,” “Subsections" "subsections,” “Paragraphs” " "paragraphs" and other subdivisions without reference to a document are to designated Articles, Sections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement;
; (div) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection subsection without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs paragraphs and other subdivisions;
; (fv) a reference to an Exhibit or a Schedule without a further reference to the document to which the Exhibit or Schedule is attached is a reference to an Exhibit or Schedule to this Agreement; (vi) the words “"herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
and (gvii) the term “include” or “word "including” shall mean without limitation by reason of enumeration" means "including, but not limited to."
Appears in 1 contract
Samples: Master Credit Facility Agreement (Apartment Investment & Management Co)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided pro-vided or unless the context otherwise requires:
(a) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) references herein to “"Articles,” “", "Sections,” “", "Subsections,” “", "Paragraphs” ", and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs Paragraphs, Clauses and other subdivisions of this Agreement;
(d) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs Paragraphs, Clauses, and other subdivisions;
(fe) the words “"herein,” “", "hereof,” “", "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(gf) the term “"include” " or “"including” " shall mean without limitation by reason of enumeration.
Appears in 1 contract
Samples: Master Mortgage Loan Sale and Servicing Agreement (Lehman XS Trust Series 2006-12n)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) references herein to “"Articles,” “", "Sections,” “", "Subsections,” “", "Paragraphs” ", and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(fe) the words “"herein,” “", "hereof,” “', "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(gf) the term “"include” " or “"including” " shall mean without limitation by reason of enumeration.
Appears in 1 contract
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
, (ai) the terms defined in Appendix I and elsewhere in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
genders; (bii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
GAAP; (ciii) references herein to “"Articles,” “" "Sections,” “Subsections" "subsections,” “Paragraphs” " "paragraphs" and other subdivisions without reference to a document are to designated Articles, Sections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement;
; (div) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection subsection without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs paragraphs and other subdivisions;
; (fv) a reference to an Exhibit or a Schedule without a further reference to the document to which the Exhibit or Schedule is attached is a reference to an Exhibit or Schedule to this Agreement; (vi) the words “"herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
and (gvii) the term “include” or “word "including” shall mean without limitation by reason of enumeration" means "including, but not limited to."
Appears in 1 contract
Samples: Master Credit Facility Agreement (Sunrise Assisted Living Inc)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs” and other subdivisions without reference to a document are to designated Articlessections, Sectionssubsections, Subsections, Paragraphs paragraphs and other subdivisions of this Agreement;
(d) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(fe) the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(gf) the term “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 1 contract
Samples: Servicing Agreement (Thornburg Mortgage Securities Trust 2005-4)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) a. the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) b. accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) c. references herein to “Articles,” ”, “Sections,” ”, “Subsections,” ”, “Paragraphs” ”, and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) d. a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(f) e. the words “herein,” ”, “hereof,” ”, “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(g) f. the term “include” or “including” shall mean without limitation by reason of enumeration.;
Appears in 1 contract
Samples: Master Repurchase Agreement (PennyMac Financial Services, Inc.)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) : the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) ; accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) ; references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) ; the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) ; reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(f) ; the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(g) and the term “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 1 contract
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a1) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b2) any reference in this Agreement to this Agreement or any other agreement, document, or instrument shall be a reference to this Agreement or any other such agreement, document, or instrument as the same has been amended, modified, or supplemented in accordance with the terms hereof and thereof (as applicable);
(3) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c4) references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs” , “ and other subdivisions without reference to a document are to designated Articlesarticles, Sectionssections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement, unless the context shall otherwise require;
(d5) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection subsection without further reference to a Section section is a reference to such Subsection subsection as contained in the same Section section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(f6) a reference to a “day” shall be a reference to a calendar day;
(7) the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(g) 8) the term terms “include” or and “including” shall mean without limitation by reason of enumerationenumeration .
Appears in 1 contract
Samples: Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Sequoia Mortgage Trust 2007-2)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
, (a) the terms defined in Appendix I and elsewhere in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
genders; (b) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
GAAP; (c) references herein to “Articles,” “Sections,” “Subsectionssubsections,” “Paragraphsparagraphs” and other subdivisions without reference to a document are to designated Articles, Sections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement;
; (d) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection subsection without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs paragraphs and other subdivisions;
; (e) a reference to an Exhibit or a Schedule without a further reference to the document to which the Exhibit or Schedule is attached is a reference to an Exhibit or Schedule to this Agreement; (f) the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(g) the term word “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 1 contract
Samples: Master Credit Facility Agreement (Newcastle Investment Corp)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a1) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b2) any reference in this Agreement to this Agreement or any other agreement, document, or instrument shall be a reference to this Agreement or any other such agreement, document, or instrument as the same has been amended, modified, or supplemented in accordance with the terms hereof and thereof (as applicable);
(3) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c4) references herein to “"Articles,” “" "Sections,” “" "Subsections,” “" "Paragraphs” ," and other subdivisions without reference to a document are to designated Articlesarticles, Sectionssections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement, unless the context shall otherwise require;
(d5) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection subsection without further reference to a Section section is a reference to such Subsection as contained in the same Section section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(f6) a reference to a "day" shall be a reference to a calendar day;
(7) the words “"herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(g) 8) the term “terms "include” or “" and "including” " shall mean without limitation by reason of enumeration.
Appears in 1 contract
Samples: Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Sunset Financial Resources Inc)
General Interpretive Principles. For purposes of this Agreement, Agreement except as otherwise expressly provided or unless the context otherwise requires:
(a) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principlesprinciples as in effect on the date hereof;
(c) references herein to “"Articles,” “", "Sections,” “", "Subsections,” “Paragraphs” ", "paragraphs" and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs paragraphs and other subdivisions of this Agreement;
(d) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs paragraphs and other subdivisions;
(fe) the words “"herein,” “", "hereof,” “", "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and;
(gf) the term “"include” " or “"including” " shall mean without limitation by reason of enumeration.; and
Appears in 1 contract
Samples: Servicing Agreement (Interpool Inc)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a1) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b2) any reference in this Agreement to this Agreement or any other agreement, document, or instrument shall be a reference to this Agreement or any other such agreement, document, or instrument as the same has been amended, modified, or supplemented in accordance with the terms hereof and thereof (as applicable);
(3) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c4) references herein to “"Articles,” “" "Sections,” “" "Subsections,” “" "Paragraphs” , " and other subdivisions without reference to a document are to designated Articlesarticles, Sectionssections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement, unless the context shall otherwise require;
(d5) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection subsection without further reference to a Section section is a reference to such Subsection subsection as contained in the same Section section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(f6) a reference to a "day" shall be a reference to a calendar day;
(7) the words “"herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(g) 8) the term “terms "include” or “" and "including” " shall mean without limitation by reason of enumerationenumeration .
Appears in 1 contract
Samples: Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Sunset Financial Resources Inc)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
: (a) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
; (b) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
; (c) references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions Subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
; (d) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
; (e) reference to a “Exhibit” or “Schedule” without reference to a document are to designated Exhibits or Schedules to this Agreement; (f) the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(g) the term “include” or “including” shall mean without limitation by reason of enumeration; (h) reference to this Agreement or any other document referenced herein shall include all exhibits or schedules thereto and shall refer to such document as amended, restated or modified from time to time; and (i) reference to “knowledge” or any similar phrase with regard to the knowledge or awareness of, or receipt of notice by, any of the Sellers or the Seller Representative, means the actual knowledge of any of Xxxxxxx Xxxxxxx and Xxxxxx X. Xxxxxxxxx, without implication of verification or investigation concerning such knowledge.
Appears in 1 contract
Samples: Mortgage Loan Purchase Agreement (HSBC Finance Corp)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) references herein to “"Articles,” “" "Sections,” “Subsections" "Paragraphs,” “Paragraphs” " and other subdivisions Subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) reference to a Subsection Section without further reference to a Section is a reference to such Subsection Section as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(fe) the words “"herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(gf) the term “"include” " or “"including” " shall mean without limitation by reason of enumeration.
Appears in 1 contract
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
, (ai) the terms defined in Appendix I and elsewhere in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
genders; (bii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
GAAP; (ciii) references herein to “Articles,” “Sections,” “Subsectionssubsections,” “Paragraphsparagraphs” and other subdivisions without reference to a document are to designated Articles, Sections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement;
; (div) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection subsection without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs paragraphs and Colonial/PNC ARCS — Master Credit Facility Agreement other subdivisions;
; (fv) a reference to an Exhibit or a Schedule without a further reference to the document to which the Exhibit or Schedule is attached is a reference to an Exhibit or Schedule to this Agreement; (vi) the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
and (gvii) the term “include” or word “including” shall mean without limitation by reason of enumerationmeans “including, but not limited to.”
Appears in 1 contract
Samples: Master Credit Facility Agreement (Colonial Properties Trust)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
: (a) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
; (b) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
; (c) references herein to an “ArticlesArticle,” “SectionsSection,” “Subsections,” “Paragraphs” and or other subdivisions subdivision without reference to a document are to the designated ArticlesArticle, Sections, Subsections, Paragraphs and Section or other subdivisions applicable subdivision of this Agreement;
; (d) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) reference to a Subsection Section, subsection, paragraph or other subdivision without further reference to a specific Section is a reference to such Subsection Section, subsection, paragraph or other subdivision, as the case may be, as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
; (fe) the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(gf) the term “include” or “including” shall mean without limitation by reason of enumeration; and (g) the Article, Section and subsection headings herein are for convenience of reference only, and shall not limit or otherwise affect the meaning of the provisions contained therein.
Appears in 1 contract
Samples: Servicing Agreement (Granite Point Mortgage Trust Inc.)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
, (ai) the terms defined in this Agreement Section have the meanings assigned to them in this Agreement Section and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
genders; (bii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
; (ciii) references herein to “"Articles,” “" "Sections,” “Subsections" "subsections,” “Paragraphs” " "paragraphs" and other subdivisions without reference to a document are to designated Articles, Sections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement;
; (div) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection subsection without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs paragraphs and other subdivisions;
; (fv) a reference to an Exhibit or a Schedule without a further reference to the document to which the Exhibit or Schedule is attached is a reference to an Exhibit or Schedule to this Agreement; (vi) the words “"herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
and (gvii) the term “include” or “word "including” shall mean without limitation by reason of enumeration" means "including, but not limited to."
Appears in 1 contract
Samples: Contribution Agreement (Icf Kaiser International Inc)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
, (a) the terms defined in Appendix I and elsewhere in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
genders; (b) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
GAAP; (c) references herein to “Articles,” “Sections,” “Subsectionssubsections,” “Paragraphsparagraphs” and other subdivisions without reference to a document are to designated Articles, Sections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement;
; (d) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection subsection without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs paragraphs and other subdivisions;
; (e) a reference to an Exhibit or a Schedule without a further reference to the document to which the Exhibit or Schedule is attached is a reference to an Exhibit or Schedule to this Agreement; (f) the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
and (g) the term “include” or word “including” shall mean without limitation by reason of enumerationmeans “including, but not limited to.”
Appears in 1 contract
Samples: Master Credit Facility Agreement (Sun Communities Inc)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a1) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b2) any reference in this Agreement to this Agreement or any other agreement, document, or instrument shall be a reference to this Agreement or any other such agreement, document, or instrument as the same has been amended, modified, or supplemented in accordance with the terms hereof and thereof (as applicable);
(3) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c4) references herein to “"Articles,” “" "Sections,” “" "Subsections,” “" "Paragraphs” ," and other subdivisions without reference to a document are to designated Articlesarticles, Sectionssections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement, unless the context shall otherwise require;
(d5) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection subsection without further reference to a Section section is a reference to such Subsection subsection as contained in the same Section section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(f6) a reference to a "day" shall be a reference to a calendar day;
(7) the words “"herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(g) 8) the term “terms "include” or “" and "including” " shall mean without limitation by reason of enumeration.
Appears in 1 contract
Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-3)
General Interpretive Principles. For purposes of this AgreementLease, except as otherwise expressly provided or unless the context otherwise requires:
, (ai) the terms defined in this Agreement Section have the meanings assigned to them in this Agreement Section and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
genders; (bii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
; (ciii) references herein to “Articles,” “Sections,” “Subsectionssubsections,” “Paragraphsparagraphs” and other subdivisions without reference to a document are to designated Articles, Sections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement;
Lease; (div) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection subsection without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs paragraphs and other subdivisions;
; (fv) a reference to an Exhibit without a further reference to the document to which the Exhibit is attached is a reference to an Exhibit to this Lease; (vi) the words “"herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement Lease as a whole and not to any particular provision; and
(gvii) a reference to a specified number of days means calendar days; and (viii) the term “include” or word “including” shall mean without limitation by reason of enumerationmeans “including, but not limited to.”
Appears in 1 contract
Samples: Lease Agreement
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principlesGAAP;
(c) references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs clauses, paragraphs and other subdivisions;
(fe) the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and;
(gf) the term “include” or “including” shall mean without limitation by reason of enumeration.;
Appears in 1 contract
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) references herein to “"Articles,” ", “Sections,” “", "Subsections,” “", "Paragraphs” ", and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(fe) the words “"herein,” “", "hereof,” “”, "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(gf) the term “"include” " or “"including” " shall mean be deemed to be followed by the phrase "without limitation by reason of enumerationlimitation".
Appears in 1 contract
Samples: Intercompany Services Agreement
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
, (a1) the terms defined in Appendix I and elsewhere in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
genders; (b2) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
GAAP; (c3) references herein to “Articles,” “Sections,” “Subsectionssubsections,” “Paragraphsparagraphs” and other subdivisions without reference to a document are to designated Articles, Sections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement;
; (d4) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection subsection without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs paragraphs and other subdivisions;
; (f5) a reference to an Exhibit or a Schedule without a further reference to the document to which the Exhibit or Schedule is attached is a reference to an Exhibit or Schedule to this Agreement; (6) the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
and (g7) the term “include” or word “including” shall mean without limitation by reason of enumerationmeans “including, but not limited to.”
Appears in 1 contract
Samples: Master Credit Facility Agreement (Camden Property Trust)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) : the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
; any reference in this Agreement to this Agreement or any other agreement, document, or instrument shall be a reference to this Agreement or any other such agreement, document, or instrument as the same has been amended, modified, or supplemented in accordance with the terms hereof and thereof (b) as applicable); accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) ; references herein to “"Articles,” “" "Sections,” “" "Subsections,” “" "Paragraphs” , " and other subdivisions without reference to a document are to designated Articlesarticles, Sectionssections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement;
(d) , unless the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and context shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) otherwise require; a reference to a Subsection subsection without further reference to a Section section is a reference to such Subsection subsection as contained in the same Section section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(f) ; a reference to a "day" shall be a reference to a calendar day; the words “"herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(g) the term “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 1 contract
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
, (ai) the terms defined in this Agreement Section have the meanings assigned to them in this Agreement Section and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
genders; (bii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
, consistently applied; (ciii) references herein in this Agreement to “Articles,” “Sections,” “Subsectionssubsections,” “Paragraphsparagraphs” and other subdivisions without reference to a document are to designated Articles, Sections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement;
; (div) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection subsection without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs paragraphs and other subdivisions;
; (fv) the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(gvi) the term “include” or word “including” shall means “including, but not limited to”, (vii) the words “not including” mean without limitation by reason “excluding only”, and (viii) the headings in this Agreement are for convenience only and are not intended to describe, interpret, define, or limit the scope, extent, or intent of enumerationany of the provisions of this Agreement.
Appears in 1 contract
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a1) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b2) any reference in this Agreement to this Agreement or any other agreement, document, or instrument shall be a reference to this Agreement or any other such agreement, document, or instrument as the same has been amended, modified, or supplemented in accordance with the terms hereof and thereof (as applicable);
(3) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c4) references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs” , “ and other subdivisions without reference to a document are to designated Articlesarticles, Sectionssections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement, unless the context shall otherwise require;
(d5) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection subsection without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(f6) a reference to a “day” shall be a reference to a calendar day;
(7) the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(g) 8) the term terms “include” or and “including” shall mean without limitation by reason of enumeration.
Appears in 1 contract
Samples: Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Thornburg Mortgage Securities Trust 2006-1)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
, (ai) the terms defined in Article I, Section 13.03 and elsewhere in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
genders; (bii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
GAAP; (ciii) references herein to “"Articles,” “" "Sections,” “Subsections" "subsections,” “Paragraphs” " "paragraphs" and other subdivisions without reference to a document are to designated Articles, Sections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement;
; (div) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection subsection without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs paragraphs and other subdivisions;
; (fv) a reference to an Exhibit or a Schedule without a further reference to the document to which the Exhibit or Schedule is attached is a reference to an Exhibit or Schedule to this Agreement; (vi) the words “"herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
and (gvii) the term “include” or “word "including” shall mean without limitation by reason of enumeration" means "including, but not limited to."
Appears in 1 contract
Samples: Master Credit Facility Agreement (Home Properties of New York Inc)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
: (a) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
; (b) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;; 60
(c) references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
; (d) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
; (e) reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
; (f) the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
and (g) the term “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 1 contract
Samples: Purchase Agreement
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
, (ai) the terms defined in this Agreement Section have the meanings assigned to them in this Agreement Section and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
; (bii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
; (ciii) references herein to “"Articles,” “" "Sections,” “Subsections" "subsections,” “Paragraphs” " "paragraphs" and other subdivisions without reference to a document are to designated Articles, Sections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement;
; (div) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection subsection without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs paragraphs and other subdivisions;
; (fv) a reference to an Exhibit or a Schedule without a further reference to the document to which the Exhibit or Schedule is attached is a reference to an Exhibit or Schedule to this Agreement; (vi) the words “"herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
and (gvii) the term “include” or “word "including” shall mean without limitation by reason of enumeration" means "including, but not limited to."
Appears in 1 contract
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
, (ai) the terms defined in this Agreement Article have the meanings assigned to them in this Agreement Article and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
genders; (bii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
, consistently applied; (ciii) references herein in this Agreement to “Articles,” “Sections,” “Subsectionssubsections,” “Paragraphsparagraphs” and other subdivisions without reference to a document are to designated Articles, Sections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement;
; (div) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection subsection without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs paragraphs and other subdivisions;
; (fv) the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(gvi) the term “include” or word “including” shall means “including, but not limited to”, (vii) the words “not including” mean without limitation by reason “excluding only”, and (viii) the headings in this Agreement are for convenience only and are not intended to describe, interpret, define, or limit the scope, extent, or intent of enumerationany of the provisions of this Agreement.
Appears in 1 contract
Samples: Limited Liability Company Agreement (COHEN & Co INC.)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
, (ai) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
genders (band thus, for example, references to the Original Owners' First Mortgages shall refer to the aggregate of each Original Owner's First Mortgage); (ii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
GAAP; (ciii) references herein to “"Articles,” “" "Sections,” “Subsections" "subsections,” “Paragraphs” " "paragraphs" and other subdivisions without reference to a document are to designated Articles, Sections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement;
; (div) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection subsection without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs paragraphs and other subdivisions;
; (fv) a reference to an Exhibit or a Schedule without a further reference to the document to which the Exhibit or Schedule is attached is a reference to an Exhibit or Schedule to this Agreement; (vi) the words “"herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
and (gvii) the term “include” or “word "including” shall mean without limitation by reason of enumeration" means "including, but not limited to."
Appears in 1 contract
Samples: Master Credit Facility Agreement (Town & Country Trust)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) the The terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) accounting Accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principlesprinciples in the United States of America;
(c) references References herein to “Articles,” ”, “Sections,” ”, “Subsections,” ”, “Paragraphs” ”, and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) A reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(fe) the The words “herein,” ”, “hereof,” ”, “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and;
(gf) the The term “include” “includes” or “including” shall mean be deemed to be followed by the phrase “without limitation by reason of enumeration.limitation”; and,
Appears in 1 contract
Samples: Commercial Mortgage Servicing Oversight Agreement (Pennymac Financial Services, Inc.)
General Interpretive Principles. For purposes of this Repurchase Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) the terms defined in this Repurchase Agreement have the meanings assigned to them in this Repurchase Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principlesGAAP;
(c) references herein to “Articles,” “Sections,” “Subsectionssubsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsectionssubsections, Paragraphs and other subdivisions of this Repurchase Agreement;
(d) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection subsection without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(fe) the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Repurchase Agreement as a whole and not to any particular provision; and;
(gf) the term “include” or “including” shall mean without limitation by reason of enumeration.; and
Appears in 1 contract
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) the terms defined in this Agreement have the meanings meaning assigned to them in this Agreement and include the plural as well as the singular, singular and the use of any gender herein shall be deemed to include the other gender;
(b) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) references herein to “Articles,” ”, “Sections,” ”, “Subsections,” ”, “Paragraphs” and other subdivisions without reference reference, to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, appears and this rule shall also apply to Paragraphs and other subdivisions;
(fe) the words “herein,” ”, “hereof,” ”, “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(gf) the term The words “including”, “include” or and “includingincludes” are not exclusive and shall be deemed to be followed by the words “without limitation” unless the context clearly prohibits that construction.
(g) The word “or” shall be construed to mean without limitation by reason of enumeration“and/or” unless the context clearly prohibits that construction.
Appears in 1 contract
Samples: Asset Purchase and Sale Agreement (Franklin Credit Management Corp/De/)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) references herein to “Articlesan "Article,” “Sections" "Section,” “Subsections,” “Paragraphs” and " or other subdivisions subdivision without reference to a document are to the designated ArticlesArticle, Sections, Subsections, Paragraphs and Section or other subdivisions applicable subdivision of this Agreement;
(d) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) reference to a Subsection Section, subsection, paragraph or other subdivision without further reference to a specific Section is a reference to such Subsection Section, subsection, paragraph or other subdivision, as the case may be, as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(fe) the words “"herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and;
(gf) the term “"include” " or “"including” " shall mean without limitation by reason of enumeration.; and
Appears in 1 contract
General Interpretive Principles. For purposes of this ------------------------------- Agreement, except as otherwise expressly provided or unless the context otherwise requires:
, (ai) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
genders; (bii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
GAAP; (ciii) references herein to “"Articles,” “" "Sections,” “Subsections" "subsections,” “Paragraphs” " "paragraphs" and other subdivisions without reference to a document are to designated Articles, Sections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement;
; (div) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection subsection without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs paragraphs and other subdivisions;
; (fv) a reference to an Exhibit or a Schedule without a further reference to the document to which the Exhibit or Schedule is attached is a reference to an Exhibit or Schedule to this Agreement; (vi) the words “"herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
and (gvii) the term “include” or “word "including” shall mean without limitation by reason of enumeration" means "including, but not limited to."
Appears in 1 contract
Samples: Master Credit Facility Agreement (Town & Country Trust)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gendergenders;
(b) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) references herein to “Articles,” ”, “Sections,” ”, “Subsections,” ”, “Paragraphs”, “Exhibits”, “Schedules” and other subdivisions or addenda without reference to a document are to designated Articles, Sections, Subsections, Paragraphs Paragraphs, Exhibits, Schedules, and other subdivisions or addenda of this Agreement;
(d) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(fe) the words “herein,” ”, “hereof,” ”, “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(gf) the term “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 1 contract
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
(a) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;; Aurora Servicing Agreement
(b) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
(c) references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs,” and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Agreement;
(d) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection without further reference to a Section is a reference to such Subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions;
(fe) the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
(gf) the term “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 1 contract
Samples: Servicing Agreement (Sasco 2006-Bc2)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
, (ai) the terms defined in Appendix I and elsewhere in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
(b) genders; accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
GAAP; (cii) references herein to “Articles,” “Sections,” “Subsectionssubsections,” “Paragraphsparagraphs” and other subdivisions without reference to a document are to designated Articles, Sections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement;
; (diii) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection subsection without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs paragraphs and other subdivisions;
; (fiv) a reference to an Exhibit or a Schedule without a further reference to the document to which the Exhibit or Schedule is attached is a reference to an Exhibit or Schedule to this Agreement; (v) the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
and (gvi) the term word “include” or “including” shall mean without limitation by reason of enumeration.
Appears in 1 contract
Samples: Master Credit Facility Agreement (Camden Property Trust)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires:
, (ai) the terms defined in Article 1, Section 15.01, Section 16.01 and elsewhere in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
genders; (bii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
GAAP; (ciii) references herein to “Articles,” “Sections,” “Subsectionssubsections,” “Paragraphsparagraphs” and other subdivisions without reference to a document are to designated Articles, Sections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement;
; (div) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection subsection without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs paragraphs and other subdivisions;
; (fv) a reference to an Exhibit or a Schedule without a further reference to the document to which the Exhibit or Schedule is attached is a reference to an Exhibit or Schedule to this Agreement; (vi) the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
and (gvii) the term “include” or word “including” shall mean without limitation by reason of enumerationmeans “including, but not limited to.”
Appears in 1 contract
Samples: Master Credit Facility Agreement (Mid America Apartment Communities Inc)
General Interpretive Principles. For purposes of this AgreementLease, except as otherwise expressly provided or unless the context otherwise requires:
, (ai) the terms defined in this Agreement Section have the meanings assigned to them in this Agreement Section and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
genders; (bii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
; (ciii) references herein to “Articles,” “"Sections,” “Subsections" "subsections,” “Paragraphs” " "paragraphs" and other subdivisions without reference to a document are to designated Articles, Sections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement;
Lease; (div) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection sub-section without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs paragraphs and other subdivisions;
; (fv) the words “"herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement Lease as a whole and not to any particular provision; and
and (gvi) the term “include” or “word "including” shall mean " means "including, but not limited to"; and (vii) a reference to an Exhibit without limitation by reason of enumerationfurther reference to another document is a reference to such Exhibit as an Exhibit to this Lease.
Appears in 1 contract
General Interpretive Principles. For purposes of this Agreement, ------------------------------- except as otherwise expressly provided or unless the context otherwise requires:
, (ai) the terms defined in Article I, Section 15.01, Section 16.01 and elsewhere in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender;
genders; (bii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles;
GAAP; (ciii) references herein to “"Articles,” “" "Sections,” “Subsections" "subsections,” “Paragraphs” " "paragraphs" and other subdivisions without reference to a document are to designated Articles, Sections, Subsectionssubsections, Paragraphs paragraphs and other subdivisions of this Agreement;
; (div) the headings of the various articles, sections, subsections and paragraphs of this Agreement and the table of contents are for convenience of reference only and shall not modify, define, expand or limit any of the terms or provisions hereof;
(e) a reference to a Subsection subsection without further reference to a Section is a reference to such Subsection subsection as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs paragraphs and other subdivisions;
; (fv) a reference to an Exhibit or a Schedule without a further reference to the document to which the Exhibit or Schedule is attached is a reference to an Exhibit or Schedule to this Agreement; (vi) the words “"herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and
and (gvii) the term “include” or “word "including” shall mean without limitation by reason of enumeration" means "including, but not limited to."
Appears in 1 contract
Samples: Master Credit Facility Agreement (United Dominion Realty Trust Inc)
