Common use of Interpretation; Absence of Presumption Clause in Contracts

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 and paragraph references are to the Sections and paragraphs in 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.

Appears in 19 contracts

Samples: Registration Rights Agreement (Comtech Telecommunications Corp /De/), Registration Rights Agreement (Eargo, Inc.), Registration Rights Agreement (Comtech Telecommunications Corp /De/)

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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 Article, Section and paragraph references are to the Articles, Sections and paragraphs in 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 (v) provisions shall apply, when appropriate, to successive events and transactions.

Appears in 9 contracts

Samples: Stockholders' Agreement (Earthwatch Inc), Stockholders Agreement (Carramerica Realty Corp), Stockholders Agreement (Frontline Capital Group)

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 Article, Section and paragraph references are to the Articles, Sections and paragraphs in 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 (v) provisions shall apply, when appropriate, to successive events and transactions.

Appears in 8 contracts

Samples: Stockholders Agreement (Carramerica Realty Corp), Governance Agreement (FBR Capital Markets Corp), Voting Agreement (Friedman Billings Ramsey Group 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 Article, Section and paragraph references are to the Articles, Sections and paragraphs in 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; specified and (iv) the word "or" shall not be exclusive.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Idt Corp), Stock Purchase Agreement (At&t 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 Section Section, paragraph, and paragraph Schedule references are to the Sections Sections, paragraphs, and paragraphs Schedule in 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.

Appears in 2 contracts

Samples: Stock Pledge and Security Agreement (Efactor Group Corp.), Stock Pledge and Security Agreement (ForceField Energy 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 Section, paragraph, and paragraph Schedule references are to the Sections Sections, paragraphs, and paragraphs Schedule in 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 (v) except to the extent this Agreement expressly provides otherwise, any reference to a Contract means such Contract as in effect on the date of this Agreement.

Appears in 1 contract

Samples: Pledge Agreement (ForceField Energy Inc.)

Interpretation; Absence of Presumption. (ai) 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 and paragraph references are to the Sections and paragraphs in 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.

Appears in 1 contract

Samples: Registration Rights Agreement (Lindblad Expeditions Holdings, 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 Section, paragraph, and paragraph Schedule references are to the Sections Sections, paragraphs, and paragraphs Schedule in 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 (v) except to the extent this Agreement expressly provides otherwise, any reference to a Contract means such Contract is in effect on the date of this Agreement.

Appears in 1 contract

Samples: Security Agreement (ForceField Energy 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 and Section, paragraph or other references are to the Sections and paragraphs in 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; and , (iv) the word “or” shall not be exclusiveexclusive and (v) provisions shall apply, when appropriate, to successive events and transactions.

Appears in 1 contract

Samples: Registration Rights Agreement (Retail Opportunity Investments Partnership, LP)

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 and paragraph references are to the Sections and paragraphs in 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.unless

Appears in 1 contract

Samples: Registration Rights Agreement (Luna Innovations Inc)

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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 and Section, paragraph or other references are to the Sections and paragraphs in 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; and , (iv) the word “or” shall not be exclusive.word

Appears in 1 contract

Samples: Registration Rights Agreement (Burnham Pacific Properties 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 section, paragraph, and paragraph exhibit references are to the Sections sections, paragraphs and paragraphs 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, but means “and/or.

Appears in 1 contract

Samples: Rights Agreement (Searchlight Minerals 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 Article, Section and paragraph references are to the Articles, Sections and paragraphs in 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 (v) provisions shall apply, when appropriate, to successive events and transactions.

Appears in 1 contract

Samples: Governance Agreement (Pinault Printemps Redoute Sa Et Al)

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 Article, Section and paragraph references are to the Articles, Sections and paragraphs in paragraphs, 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; and , (iv) the word "or" shall not be exclusive, and (v) provisions shall apply, when appropriate, to successive events and transactions.

Appears in 1 contract

Samples: Stockholders' 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 and paragraph references are to the Sections and paragraphs in 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.

Appears in 1 contract

Samples: Registration Rights Agreement (Viad Corp)

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