Headings; Pronouns and Other References. The headings of the Sections and Articles of this Agreement are inserted for convenience only and shall not constitute a part hereof. All references in this Agreement to the Annex, Exhibits, Schedules, Articles, Sections, subsections and other subdivisions refer to the corresponding the Annex, Exhibits, Schedules, Articles, Sections, subsections and other subdivisions of or to this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsections or other subdivisions of this Agreement are for convenience only, do not constitute any part of this Agreement, and shall be disregarded in construing the language hereof. The words “this Agreement,” “herein,” “hereby,” “hereunder” and “hereof,” and words of similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words “this Article,” “this Section” and “this Subsection,” and words of similar import, refer only to the Article, Section or subsection hereof in which such words occur. The word “or” is not exclusive, and the word “including” (in its various forms) means including without limitation. Pronouns in masculine, feminine or neuter genders shall be construed to state and include any other gender, and words, terms and titles (including terms defined herein) in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires. The phrases “Seller’s knowledge” or “the knowledge of Seller” mean the actual knowledge of the individuals listed in Section 13.3 of the Seller Disclosure Letter after due and reasonable inquiry by such individual.
Headings; Pronouns and Other References. For purposes of this Agreement, (a) the words “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation,” (b) the word “or” is not exclusive and (iii) the words “herein”, “hereof”, “hereby”, “hereto” and “hereunder” refer to this Agreement as a whole. Unless the context otherwise requires, references herein: (i) to Articles, Sections, Annex, Exhibits and Schedules mean the Articles and Sections of, and the Exhibits, Annex, and Schedules attached to, this Agreement; (ii) to an agreement, instrument or other document means such agreement, instrument or other document as amended, supplemented and modified from time to time to the extent permitted by the provisions thereof and by this Agreement; and (iii) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. The Schedules, Exhibits and Annex referred to herein shall be construed with and as an integral part of this Agreement to the same extent as if they were set forth verbatim herein. Titles to Articles and headings of Sections are inserted for convenience of reference only and shall not be deemed a part of or to affect the meaning or interpretation of this Agreement. This Agreement and the documents, instruments and certificates delivered pursuant hereto shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The phrases “Seller’s knowledge” or “the knowledge of Seller” mean the actual knowledge of the individuals listed in Section 14.3 of the Seller Disclosure Letter. The phrases “Purchaser’s knowledge” or “the knowledge of Purchaser” mean the actual knowledge of the individuals listed in Section 14.3 of the Purchaser Disclosure Letter. Information will be considered to have been “made available” to Purchaser to the extent that such information was posted to the online workspace maintained by Intralinks, Inc. for “Project GT” and freely accessible by Purchaser and its counsel prior to the execution and delivery of this Agreement.
