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 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 Article, Section, paragraph and Exhibit are references to the Articles, Sections, paragraphs, Exhibits of or 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; (v) provisions shall apply, when appropriate, to successive events and transactions; and (vi) any reference to any Person shall include its successors and assigns. The table of contents and headings herein are for convenience of reference only, do not constitute part of this Agreement and shall not be deemed to limit or otherwise affect any of the provisions hereof. (b) The parties have participated jointly in negotiating and drafting this Agreement. In the event that an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision of this Agreement.
Appears in 3 contracts
Samples: Trust Agreement (IntercontinentalExchange Group, Inc.), Governance and Option Agreement (NYSE Euronext), Trust Agreement (NYSE Euronext)
Interpretation; Absence of Presumption. (a1) 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 genders 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 the schedules and annexes hereto) and not to any particular provision of this Agreement, and Article, Section, paragraph paragraph, and Exhibit clause references are references to the Articles, Sections, paragraphs, Exhibits of or and clauses to this Agreement unless otherwise specified; (iii3) 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; (iv4) the word “or” shall not be exclusive; (v5) provisions shall apply, when appropriate, to successive events and transactionsTransaction; (6) all references to any period of days shall be deemed to be to the relevant number of calendar days unless otherwise specified; and (vi7) any reference to any Person the “$”sign shall include its successors and assigns. The table of contents and headings herein are for convenience of reference only, do not constitute part of this Agreement and shall not be deemed to limit or otherwise affect any each mean the lawful currency of the provisions hereofUnited States of America.
(bi) The parties have participated jointly in negotiating and drafting this Agreement. In the event that an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision of this Agreement.
Appears in 2 contracts
Samples: Asset and Securities Purchase Agreement (Remark Media, Inc.), Asset and Securities Purchase Agreement (Remark Media, 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 genders 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 the schedules and annexes hereto) and not to any particular provision of this Agreement, and Article, Section, paragraph paragraph, and Exhibit clause references are references to the Articles, Sections, paragraphs, Exhibits of or and clauses to 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; (v) provisions shall apply, when appropriate, to successive events and transactions; and (vi) any reference all references to any Person period of days shall include its successors and assigns. The table of contents and headings herein are for convenience of reference only, do not constitute part of this Agreement and shall not be deemed to limit or be to the relevant number of calendar days unless otherwise affect any specified; and (vii) the “$” sign shall each mean the lawful currency of the provisions hereofUnited States of America.
(b) The parties have participated jointly in negotiating and drafting this Agreement. In the event that an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision of this Agreement.
Appears in 2 contracts
Samples: Merger Agreement (Acorn International, Inc.), Merger Agreement (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 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 Article, Section, paragraph and Exhibit are references to the Articlesarticles, Sectionssections, paragraphs, Exhibits paragraphs and exhibits of or 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; (v) provisions shall apply, when appropriate, to successive events and transactions; and (vi) any reference to any Person shall include its successors and assigns. The table of contents and headings herein are for convenience of reference only, do not constitute part of this Agreement and shall not be deemed to limit or otherwise affect any of the provisions hereof.
(b) The parties have participated jointly in negotiating and drafting this Agreement. In the event that an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision of this Agreement.
Appears in 1 contract
Samples: Governance and Option Agreement (IntercontinentalExchange Group, Inc.)
Interpretation; Absence of Presumption. (a) For The table of contents, table of defined terms and headings contained in this Agreement are for reference purposes only and shall not affect in any way the purposes hereofmeaning or interpretation of this Agreement. In this Agreement, except to the extent otherwise provided herein or the context otherwise requires: (i) words used in the singular shall be held to include the plural and vice versa and words of one gender shall be held to in the plural include the other genders as the context requiressingular; (ii) reference to any gender includes the terms other gender; (iii) the words “include,” “includes” or “including” shall be deemed to be followed by the words “without limitation”; (iv) the words “herein,” “hereof,” “hereinhereto,” and “herewithhereunder” and words of similar import shall, unless otherwise stated, shall be construed to refer deemed references to this Agreement as a whole and not to any particular Section or other provision of this Agreement, and ; (v) reference to any Article, Section, paragraph and Exhibit are references to the Articles, Sections, paragraphs, Exhibits of or to this Agreement unless otherwise specified; (iii) the word “including” and words of similar import when used in this Agreement Schedule shall mean “includingsuch Article or Section of, without limitation,” unless or such Exhibit or Schedule to, this Agreement, as the context otherwise requires case may be, and references in any Section or unless otherwise specified; (iv) the word “or” shall not be exclusive; (v) provisions shall apply, when appropriate, definition to successive events and transactionsany clause means such clause of such Section or definition; and (vi) any reference to any Person Applicable Law shall include its successors mean such Applicable Law (including all rules and assigns. The table regulations promulgated thereunder) as amended, modified, codified or reenacted, in whole or in part, and in effect at the time of contents and headings herein are for convenience of reference only, do not constitute part of this Agreement and shall not be deemed to limit determining compliance or otherwise affect any of the provisions hereofapplicability.
(b) The Each party acknowledges and agrees that the parties have participated jointly in negotiating the negotiation and drafting of this Agreement. In the event that an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision of this Agreement.
Appears in 1 contract
Samples: Stock Purchase Agreement (First Financial Holdings Inc /De/)
Interpretation; Absence of Presumption. (a1) 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 genders 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 the schedules and annexes hereto) and not to any particular provision of this Agreement, and Article, Section, paragraph paragraph, and Exhibit clause references are references to the Articles, Sections, paragraphs, Exhibits of or and clauses to this Agreement unless otherwise specified; (iii3) 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; (iv4) the word “or” shall not be exclusive; (v5) provisions shall apply, when appropriate, to successive events and transactionsTransaction; (6) all references to any period of days shall be deemed to be to the relevant number of calendar days unless otherwise specified; and (vi7) any reference to any Person the “$” sign shall include its successors and assigns. The table of contents and headings herein are for convenience of reference only, do not constitute part of this Agreement and shall not be deemed to limit or otherwise affect any each mean the lawful currency of the provisions hereofUnited States of America.
(bi) The parties have participated jointly in negotiating and drafting this Agreement. In the event that an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision of this Agreement.
Appears in 1 contract
Samples: Asset and Securities Purchase Agreement (Remark Media, Inc.)