Interpretation; Absence of Presumption. For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms “hereof,” “herein,” and “herewith” and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section, paragraph or other references are to the Sections, paragraphs, or other references to this Agreement unless otherwise specified, (iii) the word “including” and words of similar import when used in this Agreement shall mean “including, without limitation,” unless the context otherwise requires or unless otherwise specified, (iv) the word “or” shall not be exclusive and (v) provisions shall apply, when appropriate, to successive events and transactions. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments to be drafted.
Appears in 27 contracts
Samples: Registration Rights Agreement (Retail Opportunity Investments Partnership, LP), Registration Rights Agreement (Retail Opportunity Investments Partnership, LP), Registration Rights Agreement (Retail Opportunity Investments Partnership, LP)
Interpretation; Absence of Presumption. For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms “"hereof,” “", "herein,” ", and “"herewith” " and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section, paragraph or other references are to the Sections, paragraphs, or other references to this Agreement unless otherwise specified, (iii) the word “"including” " and words of similar import when used in this Agreement shall mean “"including, without limitation,” " unless the context otherwise requires or unless otherwise specified, (iv) the word “"or” " shall not be exclusive exclusive, and (v) provisions shall apply, when appropriate, to successive events and transactions. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments instrument to be drafted.
Appears in 11 contracts
Samples: Registration Rights Agreement (Arv Assisted Living Inc), Stock Purchase Agreement (Prometheus Southeast Retail LLC), Registration Rights Agreement (Fac Realty Trust Inc)
Interpretation; Absence of Presumption. (a) For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms “"hereof,” “" "herein,” " and “"herewith” " and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and SectionArticle, Section and paragraph or other references are to the SectionsArticles, paragraphs, or other references Sections and paragraphs to this Agreement unless otherwise specified, (iii) the word “"including” " and words of similar import when used in this Agreement shall mean “"including, without limitation,” " unless the context otherwise requires or unless otherwise specified, (iv) the word “"or” " shall not be exclusive exclusive, and (v) provisions shall apply, when appropriate, to successive events and transactions. .
(b) This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments instrument to be drafted.
Appears in 9 contracts
Samples: Stockholders Agreement (Hq Global Holdings Inc), Stockholders Agreement (Vantas Inc), Stockholders Agreement (Century Parking Inc)
Interpretation; Absence of Presumption. For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms “hereof,” “herein,” and “herewith” and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and Sectionsection, paragraph or other references are to the Sectionssections, paragraphs, or other references to this Agreement unless otherwise specified, (iii) the word “including” and words of similar import when used in this Agreement shall mean “including, without limitation,” unless the context otherwise requires or unless otherwise specified, (iv) the word “or” shall not be exclusive and (v) provisions shall apply, when appropriate, to successive events and transactions. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments to be drafted.
Appears in 8 contracts
Samples: Registration Rights Agreement (HC Government Realty Trust, Inc.), Registration Rights Agreement (HC Government Realty Trust, Inc.), Registration Rights Agreement (SmartStop Self Storage, Inc.)
Interpretation; Absence of Presumption. (a) For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms “"hereof,” “" "herein,” " and “"herewith” " and words of similar import shallimport, unless otherwise stated, be construed to refer to this Agreement as a whole (including all of the Exhibits hereto) and not to any particular provision of this Agreement, and Section, paragraph or other paragraph, and Exhibit references are to the Sections, paragraphs, or other references paragraphs and Exhibits in and to this Agreement unless otherwise specified, (iii) the word “"including” " and words of similar import when used in this Agreement shall mean “"including, without limitation,” unless the context otherwise requires or " unless otherwise specified, and (iv) the word “"or” " shall not be exclusive and exclusive, but means "and/or."
(vb) provisions shall apply, when appropriate, to successive events and transactions. This Agreement shall will be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments instrument to be drafted.
Appears in 6 contracts
Samples: Shareholder Rights Agreement (Morgans Foods Inc), Shareholder Rights Agreement (Morgans Foods Inc), Shareholder Rights Agreement (Boykin Lodging Co)
Interpretation; Absence of Presumption. (a) For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms “hereof,” “herein,” and “herewith” and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and SectionArticle, Section and paragraph or other references are to the SectionsArticles, paragraphs, or other references Sections and paragraphs to this Agreement unless otherwise specified, (iii) the word “including” and words of similar import when used in this Agreement shall mean “including, without limitation,” unless the context otherwise requires or unless otherwise specified, (iv) the word “or” shall not be exclusive exclusive, and (v) provisions shall apply, when appropriate, to successive events and transactions. .
(b) This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments instrument to be drafted.
Appears in 6 contracts
Samples: Voting Agreement (FBR Capital Markets Corp), Governance Agreement (Friedman Billings Ramsey Group Inc), Governance Agreement (FBR Capital Markets Corp)
Interpretation; Absence of Presumption. (a) For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms “"hereof,” “", "herein,” ", and “"herewith” " and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and SectionArticle, Section and paragraph or other references are to the SectionsArticles, Sections and paragraphs, or other references to of this Agreement unless otherwise specified, (iii) the word “"including” " and words of similar import when used in this Agreement shall mean “"including, without limitation,” " unless the context otherwise requires or unless otherwise specified, (iv) the word “"or” " shall not be exclusive exclusive, and (v) provisions shall apply, when appropriate, to successive events and transactions. .
(b) This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments instrument to be drafted.
Appears in 4 contracts
Samples: Stockholders' Agreement (Gottschalks Inc), Stockholders' Agreement (Gottschalks Inc), Registration Rights Agreement (Gottschalks Inc)
Interpretation; Absence of Presumption. (a) For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms “"hereof,” “", "herein,” ", and “"herewith” " and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section, paragraph or other references are to the Sections, paragraphs, or other references to this Agreement unless otherwise specified, (iii) the word “"including” " and words of similar import when used in this Agreement shall mean “"including, without limitation,” " unless the context otherwise requires or unless otherwise specified, (iv) the word “"or” " shall not be exclusive exclusive, and (v) provisions shall apply, when appropriate, to successive events and transactions. .
(b) This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments instrument to be drafted.
Appears in 3 contracts
Samples: Contingent Value Right Agreement (Fac Realty Trust Inc), Stock Purchase Agreement (Prometheus Southeast Retail LLC), Contingent Value Right Agreement (Prometheus Southeast Retail LLC)
Interpretation; Absence of Presumption. For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms “"hereof,” “" "herein,” " and “"herewith” " and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section, paragraph or other references are to the Sections, paragraphs, or other references to this Agreement unless otherwise specified, (iii) the word “"including” " and words of similar import when used in this Agreement shall mean “"including, without limitation,” " unless the context otherwise requires or unless otherwise specified, (iv) the word “"or” " shall not be exclusive exclusive, and (v) provisions shall apply, when appropriate, to successive events and transactions. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments to be drafted.
Appears in 3 contracts
Samples: Registration Rights Agreement (Robotic Vision Systems Inc), Registration Rights Agreement (Robotic Vision Systems Inc), Registration Rights Agreement (Robotic Vision Systems Inc)
Interpretation; Absence of Presumption. (a) For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms “hereof,” “herein,” and “herewith” and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and SectionArticle, Section and paragraph or other references are to the SectionsArticles, paragraphs, or other references Sections and paragraphs to this Agreement unless otherwise specified, (iii) the word “including” and words of similar import when used in this Agreement shall mean “including, without limitation,” unless the context otherwise requires or unless otherwise specified, (iv) the word “or” shall not be exclusive exclusive, and (v) provisions shall apply, when appropriate, to successive events and transactions. .
(b) This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party Party drafting or causing any instruments instrument to be drafted.
Appears in 2 contracts
Samples: Voting Agreement (Friedman Billings Ramsey Group Inc), Voting Agreement (FBR Capital Markets Corp)
Interpretation; Absence of Presumption. (a) For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms “hereof,” “herein,” and “herewith” and words of similar import shallimport, unless otherwise stated, be construed to refer to this Agreement as a whole (including all of the Exhibits hereto) and not to any particular provision of this Agreement, and Section, paragraph or other paragraph, and Exhibit references are to the Sections, paragraphs, or other references paragraphs and Exhibits in and to this Agreement unless otherwise specified, (iii) the word “including” and words of similar import when used in this Agreement shall mean “including, without limitation,” unless the context otherwise requires or unless otherwise specified, and (iv) the word “or” shall not be exclusive and exclusive, but means “and/or.”
(vb) provisions shall apply, when appropriate, to successive events and transactions. This Agreement shall will be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments instrument to be drafted.
Appears in 2 contracts
Samples: Shareholder Rights Agreement (Associated Estates Realty Corp), Shareholder Rights Agreement (Morgans Foods Inc)
Interpretation; Absence of Presumption. For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms “"hereof,” “" "herein,” " and “"herewith” " and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section, paragraph or other references are to the Sections, paragraphs, or other references to this Agreement unless otherwise specified, (iii) the word “"including” " and words of similar import when used in this Agreement shall mean “"including, without limitation,” " unless the context otherwise requires or unless otherwise specified, (iv) the word “"or” " shall not be exclusive and (v) provisions shall apply, when appropriate, to successive events and transactions. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments to be drafted.
Appears in 2 contracts
Samples: Registration Rights Agreement (Vintage Wine Trust Inc), Registration Rights Agreement (Feldman Mall Properties, Inc.)
Interpretation; Absence of Presumption. For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms “hereof,” ”, “herein,” ”, and “herewith” and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section, paragraph or other references are to the Sections, paragraphs, or other references to this Agreement unless otherwise specified, (iii) the word “including” and words of similar import when used in this Agreement shall mean “including, without limitation,” unless the context otherwise requires or unless otherwise specified, (iv) the word “or” shall not be exclusive exclusive, and (v) provisions shall apply, when appropriate, to successive events and transactions. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments instrument to be drafted.
Appears in 2 contracts
Samples: Registration Rights Agreement (Pan Pacific Retail Properties Inc), Registration Rights Agreement (Pan Pacific Retail Properties Inc)
Interpretation; Absence of Presumption. For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms “"hereof,” “", "herein,” " and “"herewith” ", and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section, paragraph or other Article and Section references are to the Sections, paragraphs, or other references to Articles and Sections of this Agreement unless otherwise specified, (iii) the word “"including” " and words of similar import when used in this Agreement shall mean “including, "including without limitation,” " unless the context otherwise requires or unless otherwise specified, (iv) the word “"or” " shall not be exclusive and (v) provisions shall apply, when appropriate, to successive events and transactions. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments instrument to be drafted.
Appears in 2 contracts
Samples: Merger Agreement (United Dominion Realty Trust Inc), Investment Agreement (Lazard Freres Real Estate Investors LLC)
Interpretation; Absence of Presumption. (a) For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms “"hereof,” “" "herein,” " and “"herewith” " and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section, paragraph or other references are to the Sections, paragraphs, or other references to this Agreement unless otherwise specified, (iii) the word “"including” " and words of similar import when used in this Agreement shall mean “"including, without limitation,” " unless the context otherwise requires or unless otherwise specified, (iv) the word “"or” " shall not be exclusive exclusive, and (v) provisions shall apply, when appropriate, to successive events and transactions. .
(b) This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments instrument to be drafted.
Appears in 1 contract
Interpretation; Absence of Presumption. (a) For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms “"hereof,” “" "herein,” " "hereto," and “"herewith” " and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and SectionArticle, Section and paragraph or other references are to the SectionsArticles, paragraphs, or other references Sections and paragraphs to this Agreement unless otherwise specified, (iii) the word “"including” " and words of similar import when used in this Agreement shall mean “"including, without limitation,” " unless the context otherwise requires or unless otherwise specified, (iv) the word “"or” " shall not be exclusive exclusive, and (v) provisions shall apply, when appropriate, to successive events and transactions. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments instrument to be drafted.
Appears in 1 contract
Interpretation; Absence of Presumption. (a) For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms “"hereof,” “", "herein,” ", and “"herewith” " and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and SectionArticle, Section and paragraph or other references are to the SectionsArticles, paragraphs, or other references Sections and paragraphs to this Agreement unless otherwise specified, (iii) the word “"including” " and words of similar import when used in this Agreement shall mean “"including, without limitation,” " unless the context otherwise requires or unless otherwise specified, (iv) the word “"or” " shall not be exclusive exclusive, and (v) provisions shall apply, when appropriate, to successive events and transactions. .
(b) This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments instrument to be drafted.
Appears in 1 contract
Samples: Governance Agreement (Pinault Printemps Redoute Sa Et Al)
Interpretation; Absence of Presumption. For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms “"hereof,” “", "herein,” " and “"herewith” " and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section, paragraph or other references are to the Sections, paragraphs, or other references to this Agreement unless otherwise specified, (iii) the word “"including” " and words of similar import when used in this Agreement shall mean “"including, without limitation,” " unless the context otherwise requires or unless otherwise specified, (iv) the word “"or” " shall not be exclusive and (v) provisions shall apply, when appropriate, to successive events and transactions. This Agreement shall be construed without regard to any presumption or rule requiring construction requiringconstruction or interpretation against the party drafting or causing any instruments instrument to be drafted.
Appears in 1 contract
Samples: Registration Rights Agreement (Grove Real Estate Asset Trust)
Interpretation; Absence of Presumption. (a) For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms “hereof,” “herein,” and “herewith” and words of similar import shallimport, unless otherwise stated, be construed to refer to this Agreement as a whole (including all of the exhibits hereto) and not to any particular provision of this Agreement, and Sectionsection, paragraph or other paragraph, and exhibit references are to the Sectionssections, paragraphs, or other references paragraphs and exhibits in and to this Agreement unless otherwise specified, (iii) the word “including” and words of similar import when used in this Agreement shall mean “including, without limitation,” unless the context otherwise requires or unless otherwise specified, and (iv) the word “or” shall not be exclusive and exclusive, but means “and/or.”
(vb) provisions shall apply, when appropriate, to successive events and transactions. This Agreement shall will be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments instrument to be drafted.
Appears in 1 contract
Interpretation; Absence of Presumption. For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms “"hereof,” “" "herein,” " and “"herewith” " and words of similar import shallimport, unless otherwise stated, should be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section, paragraph or other Section references are to the Sections, paragraphs, or other references to Sections of this Agreement unless otherwise specified, and (iii) the word “"including” " and words of similar import when used in this Agreement shall mean “"including, without limitation,” " unless the context otherwise requires or unless otherwise specified, (iv) the word “or” shall not be exclusive and (v) provisions shall apply, when appropriate, to successive events and transactions. This Agreement shall should be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments instrument to be drafted.
Appears in 1 contract
Samples: Registration Rights Agreement (BNP Residential Properties Inc)
Interpretation; Absence of Presumption. For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, requires (ii) the terms “"hereof,” “", "herein,” ", and “"herewith” " and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section, paragraph or other references are to the Sections, paragraphs, or other references to this Agreement unless otherwise specified, (iii) the word “words "including” " and words of similar import when used in this Agreement shall mean “"including, without limitation,” " unless the context otherwise requires or unless otherwise specified, (iv) the word “"or” " shall not be exclusive exclusive, and (v) provisions shall apply, when appropriate, to successive events and transactions. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments instrument to be drafted.
Appears in 1 contract
Samples: Agreement Regarding Exercise of Registration Rights (Ramco Gershenson Properties Trust)
Interpretation; Absence of Presumption. For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms “"hereof,” “", "herein,” " and “"herewith” " and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section, paragraph or other references are to the Sections, paragraphs, or other references to this Agreement unless otherwise specified, (iii) the word “"including” " and words of similar import when used in this Agreement shall mean “"including, without limitation,” " unless the context otherwise requires or unless otherwise specified, (iv) the word “"or” " shall not be exclusive and (v) provisions shall apply, when appropriate, to successive events and transactions. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments instrument to be drafted.
Appears in 1 contract
Samples: Registration Rights Agreement (Grove Real Estate Asset Trust)
Interpretation; Absence of Presumption. (a) For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender genders as the context requires, (ii) the terms “"hereof,” “" "herein,” " and “"herewith” " and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement License as a whole and not to any particular provision of this AgreementLicense, and Section, paragraph or other Article and Section references are to the SectionsArticles and Sections of this License, paragraphs, or other references to this Agreement unless otherwise specified, (iii) the word “"including” " and words of similar import when used in this Agreement License shall mean “"including, without limitation,” unless the context otherwise requires or " unless otherwise specified, (iv) the word “"or” " shall not be exclusive exclusive, and (v) provisions shall apply, when appropriate, to successive events and transactions. .
(b) This Agreement License shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments instrument to be drafted.
Appears in 1 contract
Interpretation; Absence of Presumption. (a) For the -------------------------------------- purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms “"hereof,” “" "herein,” " and “"herewith” " and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and SectionArticle, Section and paragraph or other references are to the SectionsArticles, paragraphs, or other references Sections and paragraphs to this Agreement unless otherwise specified, (iii) the word “"including” " and words of similar import when used in this Agreement shall mean “"including, without limitation,” " unless the context otherwise requires or unless otherwise specified, (iv) the word “"or” " shall not be exclusive exclusive, and (v) provisions shall apply, when appropriate, to successive events and transactions. .
(b) This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments instrument to be drafted.
Appears in 1 contract
Samples: Governance Agreement (Digitas Inc)
Interpretation; Absence of Presumption. (a) For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms “"hereof,” “" "herein,” " and “"herewith” " and words of similar import shallimport, unless otherwise stated, be construed to refer to this Agreement as a whole (including all of the Exhibits hereto) and not to any particular provision of this Agreement, and Section, paragraph or other paragraph, and Exhibit references are to the Sections, paragraphs, or other references paragraphs and Exhibits in and to this Agreement unless otherwise specified, (iii) the word “"including” " and words of similar import when used in this Agreement shall mean “"including, without limitation,” unless the context otherwise requires or " unless otherwise specified, and (iv) the word “"or” " shall not be exclusive and exclusive, but means "and/or."
(vb) provisions shall apply, when appropriate, to successive events and transactions. This Agreement shall will be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments instrument to be drafted.. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Appears in 1 contract
Samples: Shareholder Rights Agreement (Developers Diversified Realty Corp)
Interpretation; Absence of Presumption. For the purposes hereofAs used in this Agreement, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender genders as the context requires, (ii) the terms “hereof,” “herein,” and “herewith” and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section, paragraph or other paragraph, Exhibit and Schedule references are to the Sections, paragraphs, or other references Exhibits and Schedules to this Agreement unless otherwise specified, (iii) the word “including” and words of similar import when used in this Agreement shall mean “including, without limitation,” unless the context otherwise requires or unless otherwise specified, (iv) the word “or” shall not be exclusive exclusive, and (v) provisions shall apply, when appropriate, to successive events and transactions. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party Party drafting or causing any instruments instrument to be drafted.
Appears in 1 contract
