Headings; Interpretation; Counterparts. The provisions of Sections 10.3 and 11.4 of the Merger Agreement are hereby incorporated herein by reference, mutatis mutandis.
Headings; Interpretation; Counterparts. The provisions of Sections 10.3 and 11.4 of the Merger Agreement are hereby incorporated herein by reference, mutatis mutandis. For the avoidance of doubt, under no circumstances shall any Portfolio Company of any Investment Group or any Representative thereof be considered a “Representative” of the Restricted Party or any of its Representatives so long as such Portfolio Company does not receive any Confidential Information from or on behalf of the Restricted Party and the Restricted Party does not use Confidential Information on such Portfolio Company’s behalf. Additionally, notwithstanding anything to the contrary contained in this Agreement, the Restricted Party shall not have any liability under this Agreement with respect to Corsair or its Representatives as a “Representative” of the Restricted Party under this Agreement except for any actions directly taken by the Restricted Party or for which he directs others to take.
Headings; Interpretation; Counterparts. The headings used in this Agreement are for convenience only and are not intended to limit or expand on the meaning of the language contained in the particular article or section. This Agreement may ineffective to the extent of such violation without invalidating any other provision hereof.
Headings; Interpretation; Counterparts. Headings as to the contents or particular Sections are inserted only for convenience and shall not be construed as a part of this Agreement or as a limitation on the scope of any of the terms or provisions of the Agreement.
Headings; Interpretation; Counterparts. Descriptive headings are for convenience only and will not control or affect the meaning or construction of any provision of this Agreement. The words "include," "includes," and "including" shall be deemed to be followed by the phrase "without limitation." Words denoting gender shall include all genders. For the convenience of the parties, any number of counterparts of this Agreement may be executed by the parties, and each such executed counterpart will be an original instrument.
Headings; Interpretation; Counterparts. The headings used in this Agreement are for convenience only and are not intended to limit or expand on the meaning of the language contained in the particular article or section. This Agreement may be executed in two (2) or more counterparts, including facsimile counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
Headings; Interpretation; Counterparts. The headings of the Sections and paragraphs of this Agreement are solely for convenience and reference and shall not limit or otherwise affect the meaning of interpretation of any of the terms or provisions hereof. Whenever the context requires, the singular number shall include the plural, the plural number shall include the singular, and the gender of all words used herein shall include the masculine, feminine and neuter. Any reference to a number of days hereunder shall be deemed to refer to calendar days, except as otherwise indicated. Time is of the essence of this Agreement. This Agreement may be executed in counterparts, all of which together shall constitute one agreement binding on all Parties hereto, notwithstanding that all Parties have not signed the same counterpart.
Headings; Interpretation; Counterparts. Headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning hereof. All nouns, pronouns and verbs used in this Agreement shall be construed as masculine, feminine, neuter, singular, or plural, whichever shall be applicable. Words such as “hereof,” “herein,” “hereinafter,” and the like refer to this Agreement as a whole and not to the section, paragraph or other part in which they appear, unless the context otherwise requires. All schedules and exhibits to this Agreement are incorporated herein by reference and made a part hereof. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument, and in pleading or proving any provision of this Agreement, it shall not be necessary to produce more than one of such counterparts.
Headings; Interpretation; Counterparts. The provisions of Sections 10.3 and 11.4 of the Merger Agreement are hereby incorporated herein by reference, mutatis mutandis. For purposes of Section 4 of this Agreement, under no circumstances shall any “portfolio company” (as such term is customarily used in the private equity industry) of any fund affiliated with the Restricted Party be considered a “Representative” of the Restricted Party or any of its Representatives so long as they do not receive any Confidential Information and the Restricted Party and its other Representatives do not use Confidential Information on their behalf.
