General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires, (i) 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 genders; (ii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAP; (iii) 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; (iv) 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; (v) 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 (vii) the word “including” means “including, but not limited to.”
Appears in 9 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, (i) the terms defined in Appendix I 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 genders; (ii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAP; (iii) 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; (iv) 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; (v) 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 (vii) the word “including” means “including, but not limited to.”
Appears in 7 contracts
Samples: Master Credit Facility Agreement (Mid America Apartment Communities Inc), Master Credit Facility Agreement (Mid America Apartment Communities 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, (i) the terms defined in Appendix I 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 genders; (ii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAP; (iii) 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; (iv) 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; (v) 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 (vii) the word “"including” " means “"including, but not limited to.”"
Appears in 3 contracts
Samples: Master Credit Facility Agreement (Mid America Apartment Communities Inc), Credit Facility Agreement (United Dominion Realty Trust Inc), Master Credit Facility Agreement (Walden Residential Properties Inc)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires, (i) 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 genders; (ii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAP; (iii) 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; (iv) 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; (v) 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 (vii) the word “including” means “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, (i) the terms defined in Appendix I and elsewhere 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 genders; (ii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAPGAAP (as defined herein); (iii) references herein in this Agreement 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; (iv) 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; (v) 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 “hereto,” “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and (viivi) the 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 be 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, (i) : 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 gendersgender; (ii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAPgenerally accepted accounting principles; (iii) references herein to “"Articles,” “" "Sections,” “subsections" "Subsections,” “paragraphs” " "Paragraphs," and other subdivisions Subdivisions without reference to a document are to designated Articles, Sections, subsectionsSubsections, paragraphs Paragraphs and other subdivisions of this Agreement; (iv) 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; (v) 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 (vii) the word “including” means “including, but not limited to.”and
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, (i) the terms defined in Appendix I and elsewhere 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 genders; (ii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAP; (iii) references herein in this Agreement 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; (iv) 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; (v) 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 “hereto,” “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and (viivi) the 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 be 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, (i) 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 genders; (ii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAP; (iii) 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; (iv) 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; (v) 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 (vii) the word “"including” " 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, (i) 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 gendersgenders (and 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 GAAP; (iii) 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; (iv) 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; (v) 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 (vii) the word “"including” " 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 AgreementLease, except as otherwise expressly provided or unless the context otherwise requires, (i) the terms defined in Appendix I and elsewhere 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 genders; (ii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAPgenerally accepted accounting principles; (iii) 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 AgreementLease; (iv) 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; (v) 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 AgreementLease; (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; (vii) a reference to a specified number of days means calendar days; and (viiviii) the word “including” means “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, (i) the terms defined in Appendix I 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 genders; (ii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAP; (iii) 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; (iv) 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; (v) 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 (vii) the word “"including” " 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 or unless the context otherwise requires, (i) 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 genders; (ii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAP; (iii) 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; (iv) 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; (v) 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 (vii) the word “including” means “including, but not limited to.”” Amended and Restated Master Credit Facility Agreement EDR Credit Facility (2009 Additions)
Appears in 1 contract
Samples: Master Credit Facility Agreement (Education Realty Trust, Inc.)
General Interpretive Principles. For purposes of this Agreement, ------------------------------- except as otherwise expressly provided or unless the context otherwise requires, (i) the terms defined in Appendix I 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 genders; (ii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAP; (iii) 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; (iv) 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; (v) 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 (vii) the word “"including” " 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, : (ia) 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 gendersgender; (iib) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAPgenerally accepted accounting principles; (iiic) references herein to “Articles,” “Sections,” “subsectionsSubsections,” “paragraphsParagraphs,” and other subdivisions Subdivisions without reference to a document are to designated Articles, Sections, subsectionsSubsections, paragraphs Paragraphs and other subdivisions of this Agreement; (ivd) 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; (ve) a reference to an Exhibit a “Exhibit” or a Schedule “Schedule” without a further reference to the a document are to which the Exhibit designated Exhibits or Schedule is attached is a reference to an Exhibit or Schedule Schedules to this Agreement; (vif) 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 (viig) the word 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 “includingthe actual knowledge of any of Xxxxxxx Xxxxxxx and Xxxxxx X. Xxxxxxxxx, but not limited towithout 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, (i) the terms defined in Appendix I 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 genders; (ii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAP; (iii) 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; (iv) 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; (v) 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 (vii) the word “"including” " 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, (i) the terms defined in Appendix I and elsewhere 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 genders; (ii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAPgenerally accepted accounting principles, consistently applied; (iii) references herein in this Agreement 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; (iv) 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; (v) 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 (viivi) the 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 limit the scope, extent, or intent of any 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, (i) the terms defined in Appendix I 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 genders; (ii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAP; (iii) 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; (iv) 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; (v) 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 (vii) the word “including” means “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 Agreement, except as otherwise expressly provided or unless the context otherwise requires, : (ia) 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 gendersgender; (iib) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAPgenerally accepted accounting principles; (iiic) 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; (ivd) a 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; (v) 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; (vie) 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 (viif) the word term “include” or “including” means “includingshall mean without limitation by reason of enumeration; and (g) the Article, but Section and subsection headings herein are for convenience of reference only, and shall not limited to.”limit or otherwise affect the meaning of the provisions contained therein. Section 9.10
Appears in 1 contract
Samples: Execution Version 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, (i) the terms defined in Appendix I and elsewhere 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 gendersgender; (ii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAPgenerally accepted accounting principles; (iii) 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; (iv) 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; (v) 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 (vii) the word “"including” " 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, (i) the terms defined in Appendix I and elsewhere 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 genders; (ii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAPGAAP (as defined herein); (iii) references herein in this Agreement 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; (iv) 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; (v) 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 “"hereto," "herein,” “" "hereof,” “" "hereunder” " and other words of similar import refer to this Agreement as a whole and not to any particular provision; and (viivi) the 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 be deemed to include all such incorporated Schedules and Exhibits.”
Appears in 1 contract
Samples: Limited Partnership Agreement (Hersha Hospitality Trust)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires, (ia) 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 genders; (iib) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAP; (iiic) 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; (ivd) 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; (ve) 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; (vif) 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 (viig) the word “including” means “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, (i) 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 genders; (ii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAP; (iii) 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; (iv) 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; (v) 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 (vii) the word “including” means “including, but not limited to.”” Master Credit Facility Agreement Mid-America Additions
Appears in 1 contract
Samples: 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, (ia) 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 genders; (iib) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAP; (iiic) 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; (ivd) 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; (ve) 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; (vif) 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 (viig) the word “including” means “including, but not limited to.”
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, (i) 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 genders; (ii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAP; (iii) 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; (iv) 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; (v) 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 (vii) the word “"including” " 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, : (ia) 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 gendersgender; (iib) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAPgenerally accepted accounting principles; (iiic) references herein to “Articles,” “Sections,” “subsectionsSubsections,” “paragraphsParagraphs,” and other subdivisions Subdivisions without reference to a document are to designated Articles, Sections, subsectionsSubsections, paragraphs Paragraphs and other subdivisions of this Agreement; (ivd) 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; (ve) a reference to an Exhibit a “Exhibit” or a Schedule “Schedule” without a further reference to the a document are to which the Exhibit designated Exhibits or Schedule is attached is a reference to an Exhibit or Schedule Schedules to this Agreement; (vif) 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 (viig) the word 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 “includingthe actual knowledge of any of Xxxxxxx Xxxxxxx and Xxxxxx X. Xxxxxxxxx, but not limited towithout 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, (i) 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 genders; (ii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAP; (iii) 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; (iv) 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 Colonial/ Grandbridge — Master Credit Facility Agreement other subdivisions; (v) 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 (vii) the word “including” means “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, (i) 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 genders; (ii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAP; (iii) 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; (iv) 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 Colonial/PNC ARCS — Master Credit Facility Agreement other subdivisions; (v) 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 (vii) the word “including” means “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, (i) : 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 gendersgender; (ii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAPgenerally accepted accounting principles; (iii) 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; (iv) a 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; 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; (v) 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 (vii) the word term “include” or “including” means “including, but not limited toshall 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, : (ia) 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 gendersgender; (iib) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAPgenerally accepted accounting principles; 60 (iiic) 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; (ivd) a 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 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; (v) 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; (vif) 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 (viig) the word term “include” or “including” means “including, but not limited toshall mean without limitation by reason of enumeration. SECTION 24.”
Appears in 1 contract
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires, (i) : 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 gendersgender; 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 (ii) as applicable); accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAPgenerally accepted accounting principles; (iii) references herein to “"Articles,” “" "Sections,” “subsections" "Subsections,” “paragraphs” " "Paragraphs, " and other subdivisions without reference to a document are to designated Articlesarticles, Sectionssections, subsections, paragraphs and other subdivisions of this Agreement, unless the context shall otherwise require; (iv) a reference to a 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 Paragraphs and other subdivisions; (v) a reference to an Exhibit or a Schedule without a further reference to the document to which the Exhibit or Schedule is attached is "day" shall be a reference to an Exhibit or Schedule to this Agreementa calendar day; (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 (vii) the word “including” means “including, but not limited to.”and
Appears in 1 contract
Samples: Servicing Agreement (E Loan Inc)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires, (i49) 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 genders; (ii50) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAP; (iii51) 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; (iv52) 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; (v53) 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; (vi54) 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 (vii55) the word “including” means “including, but not limited to.”
Appears in 1 contract
Samples: Master Credit Facility Agreement (Emeritus Corp\wa\)
General Interpretive Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires, (i) the terms defined in Appendix I and elsewhere 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 genders; (ii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAP; (iii) references herein in this Agreement 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; (iv) 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; (v) 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 “hereto,” “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and (viivi) the 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 be 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, (i1) 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 genders; (ii2) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAP; (iii3) 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; (iv4) 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; (v5) 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; (vi6) 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 (vii7) the word “including” means “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, (i) the terms defined in Appendix I and elsewhere 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 genders; (ii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAPgenerally accepted accounting principles, consistently applied; (iii) references herein in this Agreement 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; (iv) 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; (v) 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 (viivi) the 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 limit the scope, extent, or intent of any 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, (i) 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 genders; (ii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAP; (iiiii) 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; (iviii) 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; (viv) 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; (viv) 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 (viivi) the word “including” means “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, (i) the terms defined in Appendix I and elsewhere 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 genders; (ii) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAPgenerally accepted accounting principles; (iii) 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; (iv) 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; (v) 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 (vii) the word “"including” " means “"including, but not limited to.”"
Appears in 1 contract
Samples: Contribution Agreement (Icf Kaiser International Inc)