Common use of Interpretation; Defined Terms Clause in Contracts

Interpretation; Defined Terms. (a) When a reference is made in this Agreement to Exhibits, such reference shall be to an Exhibit to this Agreement unless otherwise indicated. When a reference is made in this Agreement to Sections, such reference shall be to a Section of 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 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. (b) For purposes of this Agreement, the term ""Knowledge," when used with reference to (i) an individual means the actual knowledge of such individual, after due inquiry of Xxxxxxx Xxxxxx, Xxxxx Xxxxx, X.Xxxx, X.Xxxx and Xxxx Xxxxxxxxx, with respect to a representation or warranty of such individual contained in this Agreement, or any other certificate or agreement required to be entered into or delivered at the Closing by such individual in connection with the Agreement, or (ii) a person that is not an individual, means (x) in the case of the Company the collective actual knowledge, after due inquiry, of Xxxxxxx Xxxxxx, Xxxxx Xxxxx, X.Xxxx, X.Xxxx and Xxxx Xxxxxxxxx, and (y) in the case of DoveBid means the collective actual knowledge, after due inquiry, of the Xxxx Xxxx, Xxxx Xxxx, Xxxxxxx Xxxxxxxxxx, Xxxx X. Xxxxx and Xxxxxxx X.

Interpretation; Defined Terms. (a) When a reference is made in this Agreement to Exhibits, such reference shall be to an Exhibit to this Agreement unless otherwise indicated. When a reference is made in this Agreement to Sections, such reference shall be to a Section of this Agreement or of the Company Disclosure Letter 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 table of contents and headings contained in this Agreement agreement are only for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. (b) For purposes of this Agreement, the term "Knowledge"Knowledge," , when used with reference to (i) an individual means the actual knowledge of such individual, after due inquiry of Xxxxxxx Xxxxxx, Xxxxx Xxxxx, X.Xxxx, X.Xxxx and Xxxx Xxxxxxxxxinquiry, with respect to a representation or warranty of such individual contained in this Agreement, or any other certificate or agreement required to be entered into or delivered at the Closing by such individual in connection with the AgreementAgreement or the transactions contemplated hereby or thereby, or (ii) a person that is not an individual, means (x) in the case of the Company means the collective actual knowledge, in each case after due inquiry, of any of Xxxxx Xxxxxxxx, Xxxx Xxxxx, or of any director or officer of the Company or of any of Xxxxxxx Worth, Xxxx Xxxxxx, Xxxxx Xxxxx, X.Xxxx, X.Xxxx and Xxxx Xxxxxxxxx, and (y) in the case of DoveBid means the collective actual knowledge, after due inquiry, of the Xxxx Xxxx, Xxxx Xxxx, Xxxxxxx Xxxxxxxxxx, Xxxx X. Xxxxx and Xxxxxxx X.Xxx Xxxxxxxxx or Xxx Xxxxxxx.

Interpretation; Defined Terms. (a) When a reference is made in this Agreement to Exhibits, such reference shall be to an Exhibit to this Agreement unless otherwise indicated. When a reference is made in this Agreement to Sections, such reference shall be to a Section of 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 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. (b) For purposes of this Agreement, the term ""Knowledge," when used with reference to (i) an individual means the actual knowledge of such individual, after due inquiry of of, Xxxxxxx Xxxxxx, Xxxxx Xxxxx, X.Xxxx, X.Xxxx and Xxxx Xxxxxxxxx, with respect to a representation or warranty of such individual contained in this Agreement, or any other certificate or agreement required to be entered into or delivered at the Closing by such individual in connection with the Agreement, or (ii) a person that is not an individual, means (x) in the case of the Company the collective actual knowledge, after due inquiry, of Xxxxxxx Xxxxxx, Xxxxx Xxxxx, X.Xxxx, X.Xxxx and Xxxx Xxxxxxxxx, and (y) in the case of DoveBid means the collective actual knowledge, after due inquiry, of the Xxxx Xxxx, Xxxx Xxxx, Xxxxxxx Xxxxxxxxxx, Xxxx X. Xxxxx and Xxxxxxx X.