Common use of Interpretation and Construction Clause in Contracts

Interpretation and Construction. In this Agreement, unless the context otherwise requires: (a) The terms “hereby,” “hereof,” “hereto,” “herein,” “hereunder” and any similar terms, as used in this Agreement, refer to this Agreement, and the term “hereafter” means after, and the term “heretofore” means before, the date of delivery of this Agreement. (b) Words importing a particular gender mean and include correlative words of every other gender and words importing the singular number mean and include the plural number and vice versa. (c) Words importing persons mean and include firms, associations, partnerships (including limited partnerships), trusts, corporations and other legal entities, including public or governmental bodies, as well as any natural persons. (d) Any headings preceding the texts of the several Articles and Sections of this Agreement, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. (e) All approvals, consents and acceptances required to be given or made by any signatory hereto shall not be withheld unreasonably. (f) All notices to be given hereunder shall be given in writing and, unless a certain number of days is specified, within a reasonable time. (g) If any clause, provision or Section of this Agreement shall be ruled invalid by any court of competent jurisdiction, the invalidity of such clause, provision or Section shall not affect any of the remaining provisions hereof.

Interpretation and Construction. In this Agreement, unless the context otherwise requires: (a) The terms “hereby,” ”, “hereof,” ”, “hereto,” ”, “herein,” , “hereunder” and any similar terms, as used in this Agreement, refer to this Agreement, and the term “hereafter” means after, and the term “heretofore” means before, the date of delivery of this Agreement. (b) Words importing a particular gender mean and include correlative words of every other gender and words importing the singular number mean and include the plural number and vice versa. (c) Words importing persons mean means and include firms, associations, partnerships (including limited partnerships), trusts, corporations and other legal entities, including public or governmental bodies, as well as any natural persons. (d) Any headings preceding the texts of the several Articles and Sections of this Agreement, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. (e) All approvals, consents and acceptances required to be given or made by any signatory hereto shall not be withheld unreasonably. (f) All notices to be given hereunder shall be given in writing writing, and, unless a certain number of days is specified, within a reasonable time. (g) If any clause, provision or Section of this Agreement shall be ruled invalid by any court of competent jurisdiction, the invalidity of such clause, provision or Section shall not affect any of the remaining provisions hereof.

Interpretation and Construction. In this Agreement, unless the context otherwise requires: (a) The terms “"hereby,” “", "hereof,” “", "hereto,” “", "herein,” “", "hereunder” " and any similar terms, as used in this Agreement, refer to this Agreement, and the term “"hereafter” " means after, and the term “"heretofore” " means before, before the date of delivery of this Agreement. (b) Words importing a particular gender mean and include correlative words of every other gender and words importing the singular number mean and include the plural number and vice versa. (c) Words importing persons mean and include firms, associations, partnerships (including limited partnerships), trusts, corporations corporations, limited liability companies and other legal entities, including public or governmental bodies, as well as any natural persons. (d) Any headings preceding the texts of the several Articles and Sections of this Agreement, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. (e) All Unless otherwise indicated, all approvals, consents and acceptances required to be given or made by any signatory hereto person or party hereunder shall not be withheld unreasonablyunreasonably withheld, conditioned, or delayed. (f) All notices to be given hereunder and responses thereto shall be given in writing andgiven, unless a certain number of days is specified, in writing and within a reasonable time, which shall not be less than fifteen (15) days nor more than thirty (30) days, unless the context dictates otherwise. (g) If any clause, provision or Section of This Agreement shall become effective upon its execution and delivery by the parties hereto. (h) All exhibits referred to in this Agreement shall be ruled invalid by any court of competent jurisdiction, the invalidity of such clause, provision or Section shall not affect any of the remaining provisions and attached hereto are incorporated herein and made part hereof.

Interpretation and Construction. In this Agreement, unless the context otherwise requires: (a) The terms “hereby,” “hereof,” “hereto,” “herein,” “hereunder” and any similar terms, as used in this Agreement, refer to this Agreement, and the term “hereafter” means after, and the term “heretofore” means before, the date of delivery of this Agreement. (b) Words importing a particular gender mean and include correlative words of every other gender and words importing the singular number mean and include the plural number and vice versa. (c) Words importing persons mean and include firms, associations, partnerships (including limited partnerships), trusts, corporations and other legal entities, including public or governmental bodies, as well as any natural persons. (d) Any headings preceding the texts of the several Articles and Sections of this Agreement, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. (e) All approvals, consents and acceptances required to be given or made by any signatory hereto shall not be withheld unreasonably. (f) All notices to be given hereunder shall be given in writing and, unless a certain number of days is specified, within a reasonable time. (gf) If any clause, provision or Section of this Agreement shall be ruled invalid by any court of competent jurisdiction, the invalidity of such clause, provision or Section shall not affect any of the remaining provisions hereofhereof except as expressly provided in Section 3.4.

Interpretation and Construction. Each of the parties acknowledges that it has been represented by counsel of its choice throughout all negotiations that have preceded the execution of this Agreement and that it has executed the same with the advice of said counsel. Each party and its counsel cooperated and participated in the drafting and preparation of this Agreement and the documents referred to herein, and any and all drafts relating thereto exchanged among the parties shall be deemed the work product of all of the parties and may not be construed against any party by reason of its drafting or preparation. Accordingly, any rule of law or any legal decision that would require interpretation of any ambiguities in this Agreement against any party that drafted or prepared it is of no application and is expressly waived by each of the parties hereto, and any controversy over interpretations of this Agreement shall be decided without regard to events of drafting or preparation. The headings set forth in this Agreement are for convenience of reference purposes only and shall not affect or be deemed to affect in any way the meaning or interpretation of this Agreement or any term or provision of this Agreement. In this Agreement, unless a clear contrary intention appears, (i) the context otherwise requires: word “including” (ain its various forms) The terms means “herebyincluding, without limitation;” (ii) the words “hereunder,” “hereof,” “hereto,” “herein,” “hereunder” and any words of similar terms, as used import are references in this Agreement, refer Agreement as a whole and not to this Agreement, and the term “hereafter” means after, and the term “heretofore” means before, the date of delivery any particular provision of this Agreement. ; (biii) Words importing a particular gender mean and include correlative words of every other gender and words importing the singular number mean and include the plural number and vice versa. word “or” is not exclusive; (civ) Words importing persons mean and include firms, associations, partnerships (including limited partnerships), trusts, corporations and other legal entities, including public or governmental bodies, as well as any natural persons. (d) Any headings preceding the texts of the several Articles and references to “Sections” in this Agreement are references to Sections of this Agreement, Agreement unless otherwise indicated; and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. (ev) All approvals, consents and acceptances required to be given or made by any signatory hereto shall not be withheld unreasonably. (f) All notices to be given hereunder shall be given in writing and, unless a certain number of days is specified, within a reasonable time. (g) If any clause, provision or Section of this Agreement shall be ruled invalid by any court of competent jurisdictionwhenever the context requires, the invalidity of such clause, provision or Section masculine gender shall not affect any of include the remaining provisions hereoffeminine and neuter genders.

Interpretation and Construction. In this Financial Agreement, unless the context otherwise requires: (a) The terms “"hereby,” “", "hereof,” “", "hereto,” “", "herein,” “", "hereunder” " and any similar terms, as used in this Financial Agreement, refer to this Financial Agreement, and the term “"hereafter” " means after, and the term “"heretofore” " means before, before the date of delivery of this Financial Agreement. (b) Words importing a particular gender mean and include correlative words of every other gender and words importing the singular number mean and include the plural number and vice versa. (c) Words importing persons mean and include firms, associations, partnerships (including limited partnerships), trusts, corporations corporations, limited liability companies and other legal entities, including public or governmental bodies, as well as any natural persons. (d) Any headings preceding the texts of the several Articles and Sections of this Financial Agreement, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this Financial Agreement, nor shall they affect its meaning, construction or effect. (e) All Unless otherwise indicated, all approvals, consents and acceptances required to be given or made by any signatory hereto person or party hereunder shall not be withheld unreasonablyunreasonably withheld, conditioned, or delayed. (f) All notices to be given hereunder and responses thereto shall be given in writing andgiven, unless a certain number of days is specified, in writing and within a reasonable time, which shall not be less than fifteen (15) days nor more than thirty (30) days, unless the context dictates otherwise. (g) If any clause, provision or Section of this This Financial Agreement shall be ruled invalid become effective upon its execution and delivery by any court of competent jurisdiction, the invalidity of such clause, provision or Section shall not affect any of the remaining provisions parties hereto. (h) All exhibits referred to in this Financial Agreement and attached hereto are incorporated herein and made part hereof.

Interpretation and Construction. In this Loan Agreement, unless the context otherwise requires: (a1) The terms “hereby,” “hereof,” “hereto,” “herein,” “hereunder” Articles and any similar terms, as used in this Agreement, refer to this Agreement, Sections mentioned by number only are the respective Articles and the term “hereafter” means after, and the term “heretofore” means before, the date of delivery Sections of this Agreement.Loan Agreement so numbered as originally executed; (b2) Words importing a particular gender mean and include correlative words of every other gender and gender, words importing the singular number mean and include the plural number and vice versa.; (c3) Words importing persons mean and include firms, associations, partnerships (including limited partnerships), societies, trusts, public or private corporations and or other legal entities, including public or governmental bodies, as well as any natural persons.; (d4) Any headings preceding the texts of the several Articles and Sections of this Loan Agreement, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this Loan Agreement, nor shall they affect its meaning, construction or effect.; (e) All approvals, consents and acceptances required to be given or made by any signatory hereto shall not be withheld unreasonably. (f) All notices to be given hereunder shall be given in writing and, unless a certain number of days is specified, within a reasonable time. (g5) If any clause, provision or Section section of this Loan Agreement or the application thereof to any circumstance shall be ruled invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any of the invalidity remaining provisions hereof or the application of such clause, provision or Section section to circumstances other than those as to which it is held invalid or unenforceable. (6) References herein to the Issuer, the Trustee, the Company and the Purchaser shall not affect any of the remaining provisions hereof.include their respective successors and assigns. [END OF ARTICLE I]

Interpretation and Construction. In this Loan Agreement, unless the context otherwise requires: (a) The terms “hereby,” “hereof,” “hereto,” “herein,” “hereunder” Articles and any similar terms, as used in this Agreement, refer to this Agreement, Sections mentioned by number only are the respective Articles and the term “hereafter” means after, and the term “heretofore” means before, the date of delivery Sections of this AgreementLoan Agreement as so numbered. (b) Words importing a particular gender mean and include correlative words of every other gender gender, and words importing the singular number mean and include the plural number and vice versa. (c) Words importing persons mean and include firms, associations, partnerships (including limited partnerships), societies, trusts, corporations and or other legal entities, including public or governmental bodies, as well as any natural persons. (d) All times specified herein, unless otherwise specifically referred, shall be the time in Reno, Nevada. (e) Any headings preceding the texts of the several Articles and Sections of this Loan Agreement, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this Loan Agreement, nor shall they affect its meaning, construction or effect. (e) All approvals, consents and acceptances required to be given or made by any signatory hereto shall not be withheld unreasonably. (f) All notices to be given hereunder shall be given in writing and, unless a certain number of days is specified, within a reasonable time. (g) If any clause, provision or Section of this Loan Agreement shall be ruled invalid or unenforceable by any court of competent jurisdiction, the invalidity of such clause, provision or Section holding shall not affect invalidate or render unenforceable any of the remaining provisions hereof. (g) The terms "herein", "hereunder", "hereby", "hereto", "hereof" and any similar terms as used in the Loan Agreement refer to this Loan Agreement; the term "heretofore" means before the date of the execution of this Loan Agreement; and the term "hereafter" means after the date of the execution of this Loan Agreement.

Interpretation and Construction. In (a) This Agreement shall in all respects be interpreted, construed and governed by and in accordance with the laws of the State of New York, excluding principles regarding choice of laws. Subject to Section 6.4 hereof, in the event that any provision of this Agreement shall finally be determined to be unlawful, such provision shall be deemed to be severed from this Agreement, unless but every other provision of this Agreement shall remain in full force and effect. Whenever any representation or warranty is made "to the context otherwise requires: (a) The terms “herebyknowledge of Seller,” “hereof,” “hereto,” “herein,” “hereunder” and any " or words of similar terms, as used in this Agreement, refer to this Agreement, and the term “hereafter” means after, and the term “heretofore” means beforeimport, the phrase encompasses the knowledge, after reasonable investigation, of any of the individuals who are executive officers of Seller as of the date of delivery of this Agreement. (b) Words importing a particular gender mean and include correlative For the purposes hereof, (i) words of every other gender and words importing in the singular number mean and shall be held to include the plural number and vice versa. versa and words of one gender shall be held to include the other gender as the context requires, (cii) Words importing persons mean the terms "hereof," "herein," and include firms"herewith" and words of similar import shall, associationsunless otherwise stated, partnerships be construed to refer to this Agreement as a whole (including limited partnerships), trusts, corporations and other legal entities, including public or governmental bodies, as well as any natural persons. (d) Any headings preceding the texts all of the several Articles Schedules and Sections Exhibits hereto) and not to any particular provision of this Agreement, and any table Article, Section, paragraph, Exhibit and Schedule references are to the Articles, Sections, paragraphs, Exhibits and Schedules to this Agreement unless otherwise specified, (iii) the word "including" and words of contents or marginal notes appended to copies hereofsimilar import when used in this Agreement shall mean "including, shall be solely for convenience of reference without limitation," unless otherwise specified, and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. (eiv) All approvals, consents and acceptances required to be given or made by any signatory hereto the word "or" shall not be withheld unreasonablyexclusive, but shall be interpreted as "and/or." (fc) All notices This Agreement will be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instrument to be given hereunder shall be given in writing and, unless a certain number of days is specified, within a reasonable timedrafted. (g) If any clause, provision or Section of this Agreement shall be ruled invalid by any court of competent jurisdiction, the invalidity of such clause, provision or Section shall not affect any of the remaining provisions hereof.

Interpretation and Construction. In this Loan Agreement, unless the context otherwise requires: (a1) The terms “hereby,” “hereof,” “hereto,” “herein,” “hereunder” Articles and any similar terms, as used in this Agreement, refer to this Agreement, Sections mentioned by number only are the respective Articles and the term “hereafter” means after, and the term “heretofore” means before, the date of delivery Sections of this Agreement.Agreement so numbered as originally executed; (b2) Words importing a particular gender mean and include correlative words of every other gender gender, and words importing the singular number mean and include the plural number and vice versa.; (c3) Words importing persons mean and include firms, associations, partnerships (including limited partnerships), societies, trusts, public or private, corporations and or other legal entities, including public or governmental bodies, as well as any natural persons.; (d4) Any headings preceding the texts of the several Articles and Sections of this Loan Agreement, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect.; (e) All approvals, consents and acceptances required to be given or made by any signatory hereto shall not be withheld unreasonably. (f) All notices to be given hereunder shall be given in writing and, unless a certain number of days is specified, within a reasonable time. (g5) If any clause, provision or Section section of this Loan Agreement or the application thereof to any circumstance shall be ruled invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any of the invalidity remaining provisions hereof or the application of such clause, provision or Section section to circumstances other than those as to which it is held invalid or unenforceable; and (6) References herein to the Authority, the Trustee, the Company and the Purchaser shall not affect any of the remaining provisions hereof.include their respective successors and assigns. (END OF ARTICLE I]

Interpretation and Construction. In this Lease Agreement, unless the context otherwise requires: (a1) The terms “hereby,” “hereof,” “hereto,” “herein,” “hereunder” Articles and any similar terms, as used in this Agreement, refer to this Agreement, Sections mentioned by number only are the respective Articles and the term “hereafter” means after, and the term “heretofore” means before, the date of delivery Sections of this Agreement.Lease Agreement so numbered as originally executed; (b2) Words importing a particular gender mean and include correlative words of every other gender gender, and words importing the singular number mean and include the plural number and vice versa.; (c3) Words importing persons mean and include firms, associations, partnerships (including limited partnerships), societies, trusts, public or private corporations and or other legal entities, including public or governmental bodies, as well as any natural persons.; (d4) Any headings preceding the texts of the several Articles and Sections of this Lease Agreement, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this Lease Agreement, nor shall they affect its meaning, construction or effect.; (e) All approvals, consents and acceptances required to be given or made by any signatory hereto shall not be withheld unreasonably. (f) All notices to be given hereunder shall be given in writing and, unless a certain number of days is specified, within a reasonable time. (g5) If any clause, provision or Section section of this Lease Agreement or the application thereof to any circumstance shall be ruled invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any of the invalidity remaining provisions hereof or the application of such clause, provision or Section section to circumstances other than those as to which it is held invalid or unenforceable; and (6) References herein to the Issuer, the Trustee, the Company and the Purchaser shall not affect any of the remaining provisions hereof.include their respective successors and assigns. [END OF ARTICLE I]

Interpretation and Construction. In this Agreement, unless the context otherwise requires: (a) The terms “hereby,” “hereof,” “hereto,” “herein,” “hereunder” and any similar terms, as used in this Agreement, refer to this Agreement, and the term “hereafter” means after, and the term “heretofore” means before, the date of delivery of this Agreement.. DRAFT (b) Words importing a particular gender mean and include correlative words of every other gender and words importing the singular number mean and include the plural number and vice versa. (c) Words importing persons mean and include firms, associations, partnerships (including limited partnerships), trusts, corporations and other legal entities, including public or governmental bodies, as well as any natural persons. (d) Any headings preceding the texts of the several Articles and Sections of this Agreement, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction construction, or effect. (e) All approvals, consents and acceptances required to be given or made by any signatory hereto shall not be withheld unreasonably. (f) All notices to be given hereunder shall be given in writing and, unless a certain number of days is specified, within a reasonable time. (g) If any clause, provision or Section of this Agreement shall be ruled invalid by any court of competent jurisdiction, the invalidity of such clause, provision or Section shall not affect any of the remaining provisions hereof.

Interpretation and Construction. In this Agreement, unless the context otherwise requires:: DRAFT (a) The terms “hereby,” “hereof,” “hereto,” “herein,” “hereunder” and any similar terms, as used in this Agreement, refer to this Agreement, and the term “hereafter” means after, and the term “heretofore” means before, the date of delivery of this Agreement. (b) Words importing a particular gender mean and include correlative words of every other gender and words importing the singular number mean and include the plural number and vice versa. (c) Words importing persons mean and include firms, associations, partnerships (including limited partnerships), trusts, corporations and other legal entities, including public or governmental bodies, as well as any natural persons. (d) Any headings preceding the texts of the several Articles and Sections of this Agreement, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction construction, or effect. (e) All approvals, consents and acceptances required to be given or made by any signatory hereto shall not be withheld unreasonably. (f) All notices to be given hereunder shall be given in writing and, unless a certain number of days is specified, within a reasonable time. (g) If any clause, provision or Section of this Agreement shall be ruled invalid by any court of competent jurisdiction, the invalidity of such clause, provision or Section shall not affect any of the remaining provisions hereof.

Interpretation and Construction. In Unless the context of this Agreement otherwise clearly requires, references to the plural include the singular, the singular the plural and the part the whole. References in this Agreement to "determination" by Lender shall be conclusive absent manifest error and include good faith estimates by Lender (in the case of quantitative determinations), and the good faith belief by Lender (in the case of qualitative determinations). The words "hereof", "herein", "hereunder" and similar terms in this Agreement refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise stated in this Agreement, in the computation of a period of time from a specified date to a later specified date, the word "from" means "from and including" and the words "to" and "until" each means "to but excluding." The section and other headings contained in this Agreement are for reference purposes only and shall not control or affect the construction of this Agreement or the interpretation hereof in any respect. Section, subsection, exhibit and schedule references are to this Agreement unless the context otherwise requires: (a) The terms “hereby,” “hereof,” “hereto,” “herein,” “hereunder” and any similar terms, as specified. As used in this Agreement, refer the masculine, feminine or neuter gender shall each be deemed to this Agreement, and the term “hereafter” means after, and the term “heretofore” means before, the date of delivery of this Agreement. (b) Words importing a particular gender mean and include correlative words of every other gender and words importing the singular number mean and include the plural number and vice versa. (c) Words importing persons mean and include firmsothers whenever the context so indicates. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. Terms not otherwise defined herein which are defined in the UCC as in effect in the State of New York shall have the respective meanings ascribed to such terms therein unless the context otherwise clearly requires. Any provision in this Agreement referring to action to be taken by any Person, associations, partnerships (including limited partnerships), trusts, corporations and other legal entities, including public or governmental bodies, as well as any natural persons. (d) Any headings preceding the texts of the several Articles and Sections of this Agreement, and any table of contents or marginal notes appended to copies hereofthat such Person is prohibited from taking, shall be solely for convenience of reference applicable whether such action is taken directly or indirectly by such Person. All references to Laws, agreements and other documents shall not constitute a part of this Agreementrefer to such Laws, nor agreements and documents as the same shall they affect its meaning, construction or effect. (e) All approvals, consents and acceptances required have been amended from time to be given or made by any signatory hereto shall not be withheld unreasonably. (f) All notices to be given hereunder shall be given in writing and, unless a certain number of days is specified, within a reasonable time. (g) If any clause, provision or Section of this Agreement shall be ruled invalid by any court of competent jurisdiction, the invalidity of such clause, provision or Section shall not affect any of the remaining provisions hereof.

Interpretation and Construction. In this Loan Agreement, unless the context otherwise requires: (a1) The terms “hereby,” “hereof,” “hereto,” “herein,” “hereunder” Articles and any similar terms, as used in this Agreement, refer to this Agreement, Sections mentioned by number only are the respective Articles and the term “hereafter” means after, and the term “heretofore” means before, the date of delivery Sections of this Agreement.Loan Agreement so numbered as originally executed; (b2) Words importing a particular gender mean and include correlative words of every other gender gender, and words importing the singular number mean and include the plural number and vice versa.; (c3) Words importing persons mean and include firms, associations, partnerships (including limited partnerships), societies, trusts, public or private corporations and or other legal entities, including public or governmental bodies, as well as any natural persons.; (d4) Any headings preceding the texts of the several Articles and Sections of this Loan Agreement, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this Loan Agreement, nor shall they affect its meaning, construction or effect.; (e) All approvals, consents and acceptances required to be given or made by any signatory hereto shall not be withheld unreasonably. (f) All notices to be given hereunder shall be given in writing and, unless a certain number of days is specified, within a reasonable time. (g5) If any clause, provision or Section section of this Loan Agreement or the application thereof to any circumstance shall be ruled invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any of the invalidity remaining provisions hereof or the application of such clause, provision or Section section to circumstances other than those as to which it is held invalid or unenforceable. (6) References herein to the Issuer, the Trustee, the Company and the Purchaser shall not affect any of the remaining provisions hereof.include their respective successors and assigns. [END OF ARTICLE I]

Interpretation and Construction. In this Loan Agreement, unless the context otherwise requires: (a) The terms “"hereby,” “hereof,” “", "hereof ", "hereto,” “", "herein,” “", "hereunder” " and any similar terms, as used in this Loan Agreement, refer to this Loan Agreement, and the term “"hereafter” " means after, and the term “"heretofore” " means before, the date of original delivery of this Loan Agreement. (b) Words importing a particular gender mean and include correlative words of every other gender and words importing the singular number mean and include the plural number and vice versa. (c) Words importing persons mean and include firms, associations, partnerships (including limited partnerships), trusts, corporations and other legal entities, including public or governmental bodies, as well as any natural persons. (d) Any headings preceding the texts of the several Articles and Sections of this Loan Agreement, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this Loan Agreement, nor shall they affect its meaning, construction or effect. (e) All approvals, consents and acceptances required to be given or made by any signatory hereto person or party hereunder shall not be withheld unreasonably. (f) All notices to be given hereunder shall be given in writing and, unless a certain number of days is specified, within a reasonable time. (g) If any clause, provision or Section of this Loan Agreement shall be ruled invalid by any court of competent jurisdiction, the invalidity of such clause, provision or Section shall not affect any of the remaining provisions hereof.. 1011002.2

Interpretation and Construction. In (a) For purposes of this Agreement, unless a clear contrary intention appears: (i) the context singular number shall include the plural, and vice versa; (ii) reference to any gender includes each other gender; (iii) reference to any agreement, document or instrument means such agreement, document or instrument as amended or modified and in effect from time to time in accordance with the terms thereof; (iv) “include” and “including,” and variations thereof, shall not be deemed to be terms of limitation, but rather shall be deemed to be followed by the words “without limitation”; (v) all references in this Agreement to “Schedules,” “Sections,” “Annexes” and “Exhibits” are intended to refer to Schedules, Sections, Annexes and Exhibits to this Agreement, except as otherwise requires: indicated; (avi) The terms the table of contents and headings in this Agreement are for convenience of reference only, shall not be deemed to be a part of this Agreement, and shall not be referred to in connection with the construction or interpretation of this Agreement; (vii) “herebyor” is used in the inclusive sense of “and/or”; (viii) with respect to the determination of any period of time, “from” means “from and including” and “to” means “to but excluding”; (ix) “hereunder,” “hereof,” “hereto,” and words of similar import shall be deemed references to this Agreement as a whole and not to any particular Article, Section or other provision hereof; and (x) “herein,” “hereundershall” and any similar terms, as used in this Agreement, refer to this Agreement, and “will” shall have the term “hereafter” means after, and the term “heretofore” means before, the date of delivery of this Agreementsame meaning hereunder. (b) Words importing a particular gender mean and include correlative words of every other gender and words importing the singular number mean and include the plural number and vice versa. (c) Words importing persons mean and include firms, associations, partnerships (including limited partnerships), trusts, corporations and other legal entities, including public or governmental bodies, as well as any natural persons. (d) Any headings preceding the texts of the several Articles and Sections of this Agreement, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. (e) All approvals, consents and acceptances required to be given or made by any signatory hereto shall not be withheld unreasonably. (f) All notices to be given hereunder shall be given in writing and, unless a certain number of days is specified, within a reasonable time. (g) If any clause, provision or Section of this Agreement shall be ruled invalid by any court of competent jurisdiction, the invalidity of such clause, provision or Section shall not affect any of the remaining provisions hereof.

Interpretation and Construction. In this Loan Agreement, unless the context otherwise requires: (a1) The terms “hereby,” “hereof,” “hereto,” “herein,” “hereunder” Articles and any similar terms, as used in this Agreement, refer to this Agreement, Sections mentioned by number only are the respective Articles and the term “hereafter” means after, and the term “heretofore” means before, the date of delivery Sections of this Agreement.Loan Agreement so numbered as originally executed; (b2) Words importing a particular gender mean and include correlative words of every other gender gender, and words importing the singular number mean and include the plural number and vice versa.; (c3) Words importing persons mean and include firms, associations, partnerships (including limited partnerships), societies, trusts, public or private corporations and or other legal entities, including public or governmental bodies, as well as any natural persons.; (d4) Any headings preceding the texts of the several Articles and Sections of this Loan Agreement, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this Loan Agreement, nor shall they affect its meaning, construction or effect.; (e) All approvals, consents and acceptances required to be given or made by any signatory hereto shall not be withheld unreasonably. (f) All notices to be given hereunder shall be given in writing and, unless a certain number of days is specified, within a reasonable time. (g5) If any clause, provision or Section section of this Loan Agreement or the application thereof to any circumstance shall be ruled invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any of the invalidity remaining provisions hereof or the application of such clause, provision or Section section to circumstances other than those as to which it is held invalid or unenforceable. (6) References herein to the Issuer, the Trustee, the company and the Purchaser shall not affect any of the remaining provisions hereofinclude their respective successors and assigns.