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 (including all of the Schedules hereto) and not to any particular provision of this Agreement, and Article, Section, paragraph and Schedule references are to the Articles, Sections, paragraphs and Schedules to this Agreement unless otherwise specified, (iii) the word "including" and words of similar import when used in this Agreement means "including, without limitation," unless the context otherwise requires or unless otherwise specified, (iv) the word "or" shall not be exclusive, (v) provisions shall apply, when appropriate, to successive events and transactions, and (vi) all references to any period of days shall be deemed to be to the relevant number of calendar days.
Appears in 5 contracts
Samples: Business Transfer Agreement (FSC Semiconductor Corp), Business Transfer Agreement (Fairchild Semiconductor Corp), Intellectual Property License Agreement (Fairchild Semiconductor International Inc)
Interpretation; Absence of Presumption. (a) For the purposes hereof, (i1) 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, ; (ii2) 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 (including all of the Schedules schedules and annexes hereto) and not to any particular provision of this Agreement, and Article, Section, paragraph paragraph, Schedule and Schedule Annex references are to the Articles, Sections, paragraphs paragraphs, Schedules and Schedules Annexes to this Agreement unless otherwise specified, ; (iii3) the word "“including" ” and words of similar import when used in this Agreement means "including, “including without limitation," ” unless the context otherwise requires or unless otherwise specified, ; (iv4) the word "“or" ” shall not be exclusive, ; (v5) provisions shall apply, when appropriate, to successive events and transactions, ; and (vi6) all references to any period of days shall be deemed to be to the relevant number of calendar daysdays unless otherwise specified.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Cotherix Inc), Agreement and Plan of Merger (Actelion US Holding CO)
Interpretation; Absence of Presumption. (a) For the purposes hereof, (i1) 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, ; (ii2) 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 (including all of the Schedules schedules and annexes hereto) and not to any particular provision of this Agreement, and Article, Section, paragraph paragraph, Schedule and Schedule Annex references are to the Articles, Sections, paragraphs paragraphs, Schedules and Schedules Annexes to this Agreement unless otherwise specified, ; (iii3) the word "“including" ” and words of similar import when used in this Agreement means "including, shall mean “including without limitation," ” unless the context otherwise requires or unless otherwise specified, ; (iv4) the word "“or" ” shall not be exclusive, ; (v5) provisions shall apply, when appropriate, to successive events and transactions, ; and (vi6) all references to any period of days shall be deemed to be to the relevant number of calendar daysdays unless otherwise specified.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Sirna Therapeutics Inc), Agreement and Plan of Merger (Merck & Co 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 (including all of the Schedules schedules and annexes hereto) and not to any particular provision of this Agreement, and Article, Section, paragraph paragraph, and Schedule clause references are to the Articles, Sections, paragraphs paragraphs, and Schedules clauses to this Agreement unless otherwise specified, ; (iii) the word "“including" ” and words of similar import when used in this Agreement means "including, shall mean “including without limitation," ” unless the context otherwise requires or unless otherwise specified, ; (iv) the word "“or" ” shall not be exclusive, ; (v) provisions shall apply, when appropriate, to successive events and transactions, and ; (vi) all references to any period of days shall be deemed to be to the relevant number of calendar daysdays unless otherwise specified; and (vii) the “$” sign shall each mean the lawful currency of the United States of America.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Acorn International, Inc.), Agreement and Plan of Merger (Tongjitang Chinese Medicines 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 (including all of the Schedules hereto) and not to any particular provision of this Agreement, and Article, Section, paragraph and Schedule references are to the Articles, Sections, paragraphs and Schedules to this Agreement unless otherwise specified, (iii) the word "including" and words of similar import when used in this Agreement means "including, without limitation," unless the context otherwise requires or unless otherwise specified, (iv) the word "or" shall not be exclusive, (v) provisions shall apply, when appropriate, to successive events and transactions, and (vi) all references to any period of days shall be deemed to be to the relevant number of calendar days.
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 (including all of the Schedules hereto) and not to any particular provision of this Agreement, and Article, Section, paragraph and Schedule references are to the Articles, Sections, paragraphs and Schedules to this Agreement unless otherwise specified, (iii) ). the word "including" and words of similar import when used in this Agreement means "including, ' without limitation," unless the context otherwise requires or unless otherwise specified, (iv) the word "or" shall not be exclusive, (v) provisions shall apply, when appropriate, to successive events and transactions, and (vi) all references to any period of days shall be deemed to be to the relevant number of calendar days.
Appears in 1 contract
Samples: Photo Mask Supply Agreement (Fairchild Semiconductor International 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 (including all of the Schedules hereto) and not to any particular provision of this Agreement, and Article, Section, paragraph and Schedule references are to the Articles, Sections, paragraphs and Schedules to this Agreement unless otherwise specified, (iii) the word "including" and words of similar import when used in this Agreement means "including, without limitation," unless the context otherwise requires or unless otherwise specified, (iv) the word "or" shall not be exclusive, (v) provisions shall apply, when appropriate, to successive events and transactions, and (vi) unless the context otherwise requires, all references to any period of days shall be deemed to be to the relevant number of calendar days.
Appears in 1 contract
Samples: Asset Purchase and Sale Agreement (L 3 Communications 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 (including all of the Schedules hereto) and not to any particular provision of this Agreement, and Article, Section, paragraph and Schedule references are to the Articles, Sections, paragraphs and Schedules to this Agreement unless otherwise specified, specified (iii) the word "including" and words of similar import when used in this Agreement means "including, without limitation," unless the context otherwise requires or unless otherwise specified, (iv) the word "or" shall not be exclusive, (v) provisions shall apply, when appropriate, to successive events and transactions, and (vi) all references to any period of days shall be deemed to be to the relevant number of calendar days.
Appears in 1 contract
Samples: Foundry Sale Agreement (Fairchild Semiconductor International 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 (including all of the Schedules hereto) and not to any particular provision of this Agreement, and Article, Section, paragraph and Schedule references are to the Articles, Sections, paragraphs and Schedules to this Agreement unless otherwise specified, (iii) the word "including" and words of similar import when used in this Agreement means "including, without limitation," unless the context otherwise requires or unless otherwise specified, (iv) the word "or" shall not be exclusive, (v) provisions 49 shall apply, when appropriate, to successive events and transactions, and (vi) all references to any period of days shall be deemed to be to the relevant number of calendar days.
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 (including all of the Schedules hereto) and not to any particular provision of this Agreement, and Article, Section, paragraph and Schedule references are to the Articles, Sections, paragraphs and Schedules to this Agreement unless otherwise specified, (iii) the word "“including" ” and words of similar import when used in this Agreement means "“including, without limitation," ” unless the context otherwise requires or unless otherwise specified, (iv) the word "“or" ” shall not be exclusive, (v) provisions shall apply, when appropriate, to successive events and transactions, and (vi) all references to any period of days shall be deemed to be to the relevant number of calendar days.
Appears in 1 contract
Interpretation; Absence of Presumption. (a) For the purposes hereof, : (i1) 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, ; (ii2) 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 (including all of the Schedules schedules and annexes hereto) and not to any particular provision of this Agreement, and Article, Section, paragraph paragraph, Schedule, and Schedule Annex references are to the Articles, Sections, paragraphs paragraphs, Schedules and Schedules Annexes to this Agreement unless otherwise specified, ; (iii3) the word "“including" ” and words of similar import when used in this Agreement means "including, shall mean “including without limitation," ” unless the context otherwise requires or unless otherwise specified, ; (iv4) the word "“or" ” shall not be exclusive, ; (v5) provisions shall apply, when appropriate, to successive events and transactions, ; and (vi6) all references to any period of days shall be deemed to be to the relevant number of calendar daysdays unless otherwise specified.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Knape & Vogt Manufacturing Co)