Common use of Headings; Construction; and Interpretation Clause in Contracts

Headings; Construction; and Interpretation. The headings in this Agreement and any other Investment Document are for convenience of reference only, do not constitute a part of this Agreement or such other Investment Document and are not to be considered in construing or interpreting this Agreement or such other Investment Document. All section, preamble, recital, Exhibit, schedule, disclosure schedule, annex, clause and party references contained in this Agreement or any other Investment Document are to this Agreement or such other Investment Document unless otherwise stated. Unless the context of this Agreement or any other Investment Document clearly requires otherwise, the use of the word “including” is not limiting and the use of the word “or” has the inclusive meaning represented by the phrase “and/or.” References in this Agreement or any other Investment Document to any agreement, other document or law “as amended” or “as amended from time to time,” or amendments of any document or law, shall include any amendments, supplements, restatements, replacements, renewals, refinancings, waivers or other modifications. This Agreement and each other Investment Document has been negotiated by, and entered into between or among, persons that are sophisticated and knowledgeable in business matters. Accordingly, any rule of law or legal decision that would require interpretation of this Agreement or any other Investment Document against the party that drafted it shall not be applicable and is irrevocably and unconditionally waived. All provisions of this Agreement and each other Investment Document shall be construed in accordance with their fair meaning, and not strictly for or against any party. Any references in this Agreement or any other Investment Document to any Section of former Annex A of the Original Securities Purchase Agreement refers to the Section in Articles 8 or 9, as the case may be, that corresponds with such Section in former Annex A.

Headings; Construction; and Interpretation. The headings in this Agreement and any other Investment Document Related Agreement are for convenience of reference only, do not constitute a part of this Agreement or such other Investment Document Related Agreement and are not to be considered in construing or interpreting this Agreement or such other Investment DocumentRelated Agreement. All section, preamble, recital, Exhibitexhibit, schedule, disclosure schedule, annex, clause and party references contained in this Agreement or any other Investment Document Related Agreement are to this Agreement or such other Investment Document Related Agreement, as the case may be, unless otherwise stated. Unless the context of this Agreement or any other Investment Document Related Agreement clearly requires otherwise, the use of the word “"including” " is not limiting and the use of the word “"or” " has the inclusive meaning represented by the phrase “"and/or.” References " Reference in this Agreement or any other Investment Document Related Agreement to any agreement, other document or law “"as amended” " or “"as amended from time to time,” " or amendments of any document or law, shall include any amendments, restatements, supplements, restatements, replacements, renewals, refinancings, refunds, waivers or other modifications. This Agreement and each other Investment Document Related Agreement has been negotiated by, and entered into between or among, persons that are sophisticated and knowledgeable in business matters. Accordingly, any rule of law or legal decision that would require interpretation of this Agreement or any other Investment Document Related Agreement against the party that drafted it shall not be applicable and is irrevocably and unconditionally waived. All provisions of this Agreement and each other Investment Document Related Agreement shall be construed in accordance with their fair meaning, and not strictly for or against any party. Any references in this Agreement or any other Investment Document to any Section of former Annex A of the Original Securities Purchase Agreement refers to the Section in Articles 8 or 9, as the case may be, that corresponds with such Section in former Annex A..

Headings; Construction; and Interpretation. The headings in this Agreement and any other Investment Document are for convenience of reference only, do not constitute a part of this Agreement or such other Investment Document and are not to be considered in construing or interpreting this Agreement or such other Investment Document. All section, preamble, recital, Exhibitexhibit, schedule, disclosure schedule, annex, clause and party references contained in this Agreement or any other Investment Document are to this Agreement or such other Investment Document unless otherwise stated. Unless the context of this Agreement or any other Investment Document clearly requires otherwise, the use of the word “"including” " is not limiting and the use of the word “"or” " has the inclusive meaning represented by the phrase “"and/or.” " References in this Agreement or any other Investment Document to any agreement, other document or law “"as amended” " or “"as amended from time to time,” " or amendments of any document or law, shall include any amendments, supplements, restatements, replacements, renewals, refinancings, waivers or other modifications. This Agreement and each other Investment Document has been negotiated by, and entered into between or among, persons that are sophisticated and knowledgeable in business matters. Accordingly, any rule of law or legal decision that would require interpretation of this Agreement or any other Investment Document against the party that drafted it shall not be applicable and is irrevocably and unconditionally waived. All provisions of this Agreement and each other Investment Document shall be construed in accordance with their fair meaning, and not strictly for or against any party. Any references in this Agreement or any other Investment Document to any Section of former Annex A of the Original Securities Purchase Agreement refers to the Section in Articles 8 or 9, as the case may be, that corresponds with such Section in former Annex A.

Headings; Construction; and Interpretation. The headings in this Agreement and any other Investment Document are for convenience of reference only, do not constitute a part of this Agreement or such other Investment Document and are not to be considered in construing or interpreting this Agreement or such other Investment Document. All section, preamble, recital, Exhibitexhibit, schedule, disclosure schedule, annex, clause and party references contained in this Agreement or any other Investment Document are to this Agreement or such other Investment Document unless otherwise stated. Unless the context of this Agreement or any other Investment Document clearly requires otherwise, the use of the word “"including” " is not limiting and the use of the word “"or” " has the inclusive meaning represented by the phrase “"and/or.” " References in this Agreement or any other Investment Document to any agreement, other document or law “"as amended” " or “"as amended from time to time,” " or amendments of any document or law, shall include any amendments, supplements, restatements, replacements, renewals, refinancings, waivers or other modifications. This Agreement and each other Investment Document has been negotiated by, and entered into between or among, persons that are sophisticated and knowledgeable in business matters. Accordingly, any rule of law or legal decision that would require interpretation of this Agreement or any other Investment Document against the party that drafted it shall not be applicable and is irrevocably and unconditionally waived. All provisions of this Agreement and each other Investment Document shall be construed in accordance with their fair meaning, and not strictly for or against any party. Any references in this Agreement or any other Investment Document to any Section of former Annex A of the Original Securities Purchase Agreement refers to the Section in Articles 8 or 98.24, as the case may be, that corresponds with such Section in former Annex A.

Headings; Construction; and Interpretation. The headings in this Agreement and any other Investment Document Related Agreement are for convenience of reference only, do not constitute a part of this Agreement or such other Investment Document Related Agreement and are not to be considered in construing or interpreting this Agreement or such other Investment DocumentRelated Agreement. All section, preamble, recital, Exhibitexhibit, schedule, disclosure schedule, annex, clause and party references contained in this Agreement or any other Investment Document Related Agreement are to this Agreement or such other Investment Document Related Agreement, as the case may be, unless otherwise stated. Unless the context of this Agreement or any other Investment Document Related Agreement clearly requires otherwise, the use of the word “including” is not limiting and the use of the word “or” has the inclusive meaning represented by the phrase “and/or.” References Unless otherwise specified, the plural includes the singular and vice versa. Reference in this Agreement or any other Investment Document Related Agreement to any agreement, other document or law “as amended” or “as amended from time to time,” or amendments of any document or law, shall include any amendments, restatements, supplements, restatements, replacements, renewals, refinancings, refunds, waivers or other modifications. This Agreement and each other Investment Document Related Agreement has been negotiated by, and entered into between or among, persons that are sophisticated and knowledgeable in business matters. Accordingly, any rule of law or legal decision that would require interpretation of this Agreement or any other Investment Document Related Agreement against the party that drafted it shall not be applicable and is irrevocably and unconditionally waived. All provisions of this Agreement and each other Investment Document Related Agreement shall be construed in accordance with their fair meaning, and not strictly for or against any party. Any references in this Agreement or any other Investment Document to any Section of former Annex A of the Original Securities Purchase Agreement refers to the Section in Articles 8 or 9, as the case may be, that corresponds with such Section in former Annex A..