Interpretation; Certain Definitions. When a reference is made in this Agreement to Exhibits, such reference shall be to an Exhibit to this Agreement unless otherwise indicated. The words "include," "includes" and "including" when used herein shall be deemed in each case to be followed by the words "without limitation." The phrase "made available" in this Agreement shall mean that the information referred to has been made available if requested by the party to whom such information is to be made available. The phrases "the date of this Agreement", "the date hereof", and terms of similar import, unless the context otherwise requires, shall be deemed to refer to the Execution Date. The term "Person" shall mean any corporation, partnership, individual, trust, unincorporated association or other entity or Group (within the meaning of Section 13(d)(3) of the Exchange Act). The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Novellus Systems Inc), Agreement and Plan of Reorganization (Novellus Systems Inc)
Interpretation; Certain Definitions. When a reference is made in this Agreement to Exhibits, such reference shall be to an Exhibit to this Agreement unless otherwise indicated. The words "“include," "” “includes" ” and "“including" ” when used herein shall be deemed in each case to be followed by the words "“without limitation." ” The phrase "“made available" ” in this Agreement shall mean that the information referred to has been made available if requested by the party to whom such information is to be made available. The phrases "“the date of this Agreement"”, "“the date hereof"”, and terms of similar import, unless the context otherwise requires, shall be deemed to refer to the Execution Date. The term "“Person" ” shall mean any corporation, partnership, individual, trust, unincorporated association or other entity or Group (within the meaning of Section 13(d)(3) of the Exchange Act). The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
Appears in 2 contracts
Samples: Merger Agreement (Bea Systems Inc), Merger Agreement (Plumtree Software Inc)
Interpretation; Certain Definitions. When a reference is made in this Agreement to Exhibits, such reference shall be to an Exhibit to this Agreement unless otherwise indicated. The words "“include," "” “includes" ” and "“including" ” when used herein shall be deemed in each case to be followed by the words "“without limitation." ” The phrase "“made available" ” in this Agreement shall mean that the information referred to has been made available if requested by the party to whom such information is to be made available. The phrases "“the date of this Agreement"”, "“the date hereof"”, and terms of similar import, unless the context otherwise requires, shall be deemed to refer to the Execution Date. The term "“Person" ” shall mean any corporation, partnership, individual, trust, unincorporated association or other entity or Group (within the meaning of Section 13(d)(3) of the Exchange Act). The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.. The term “subsidiary” or “
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Credence Systems Corp)
Interpretation; Certain Definitions. When a reference is made in this Agreement to Exhibits, such reference shall be to an Exhibit to this Agreement unless otherwise indicated. The words "“include," "” “includes" ” and "“including" ” when used herein shall be deemed in each case to be followed by the words "“without limitation." ” The phrase "“made available" ” in this Agreement shall mean that the information referred to has been made available if requested by the party to whom such information is to be made available. The phrases "“the date of this Agreement"”, "“the date hereof"”, and terms of similar import, unless the context otherwise requires, shall be deemed to refer to the Execution Date. The term "“Person" ” shall mean any corporation, partnership, individual, trust, unincorporated association or other entity or Group (within the meaning of Section 13(d)(3) of the Exchange Act). The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.of
Appears in 1 contract
Interpretation; Certain Definitions. When a reference is made ----------------------------------- in this Agreement to Exhibits, such reference shall be to an Exhibit to this Agreement unless otherwise indicated. The words "include," "includes" and "including" when used herein shall be deemed in each case to be followed by the words "without limitation." The phrase "made available" in this Agreement shall mean that the information referred to has been made available if requested by the party to whom such information is to be made available. The phrases "the date of this Agreement", "the date hereof", and terms of similar import, unless the context otherwise requires, shall be deemed to refer to the Execution Date. The term "Person" shall mean any corporation, partnership, individual, trust, ------ unincorporated association or other entity or Group (within the meaning of Section 13(d)(3) of the Exchange Act). The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Gasonics International Corp)