Common use of Interpretation; Knowledge Clause in Contracts

Interpretation; Knowledge. (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. For purposes of this Agreement, 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. When reference is made herein to "the business of" an entity, such reference shall be deemed to include the business of all such entity and its subsidiaries, taken as a whole. An exception or disclosure made in the Oplink Disclosure Letter with regard to a representation of Oplink, or in the Avanex Disclosure Letter with regard to a representation of Avanex, shall be deemed made with respect to any other representation by such party to which the relevance of such exception or disclosure is reasonably apparent.

Interpretation; Knowledge. (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. For purposes of this Agreement, 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. When reference is made herein to "the business of" an entity, such reference shall be deemed to include the business of all such entity and its subsidiariesSubsidiaries, taken as a whole. An exception or disclosure made in the Oplink Company Disclosure Letter with regard to a representation of Oplinkthe Company, or in the Avanex Parent Disclosure Letter with regard to a representation of AvanexParent or Merger Sub, shall 50 only be deemed made with respect to any other representation by such party to which the relevance of such exception or disclosure if an express cross-reference is reasonably apparentset forth herein.

Interpretation; Knowledge. (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. For purposes of this Agreement, 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. When reference is made herein to "“the business of" ” an entity, such reference shall be deemed to include the business of all such entity and its subsidiariesSubsidiaries, taken as a whole. An exception or disclosure made in the Oplink Company Disclosure Letter with regard to a representation of Oplinkthe Company, or in the Avanex Parent Disclosure Letter with regard to a representation of AvanexParent or Merger Sub, shall be deemed made with respect to any other representation by such party to which the relevance of such exception or disclosure is reasonably apparentclearly relevant on its face.

Interpretation; Knowledge. (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. For purposes of this Agreement, 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. When reference is made herein to "“the business of" an entity” the Company, such reference shall be deemed to include the business of all such entity the Company and its subsidiariesSubsidiaries, taken as a whole. An Except as expressly set forth to the contrary in the Seller Disclosure Letter, an exception or disclosure made in the Oplink Seller Disclosure Letter with regard to a representation of Oplink, or in the Avanex Disclosure Letter with regard to a representation of Avanex, Seller shall be deemed made with respect to any other representation by such party to which the relevance of such exception or disclosure is reasonably apparentapparent from the context of such exception or disclosure.

Interpretation; Knowledge. (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. For purposes of this Agreement, 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. When reference is made herein to "“the business of" ” an entity, such reference shall be deemed to include the business of all such entity and its subsidiariesSubsidiaries, taken as a whole. An exception or disclosure made in the Oplink Company Disclosure Letter with regard to a representation of Oplinkthe Company, or in the Avanex Parent Disclosure Letter with regard to a representation of AvanexParent or Merger Sub, shall be deemed made with respect to any other representation by such party to which the relevance of such exception or disclosure is reasonably apparent.clearly relevant on its face based on the content of such disclosure. The term “

Interpretation; Knowledge. (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. For purposes of this Agreement, 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. When reference is made herein to "the business of" an entity, such reference shall be deemed to include the business of all such entity and its subsidiariesSubsidiaries, taken as a whole, unless otherwise expressly provided herein. An exception or disclosure made in the Oplink Disclosure Letter with regard to a representation of OplinkThe word "affiliate" when used herein shall mean, or in the Avanex Disclosure Letter with regard to a representation of Avanex, shall be deemed made with respect to any specified person, any other representation by person, that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, such party to which specified person. For purposes of this Agreement, the relevance of such exception or disclosure is reasonably apparent.term "

Interpretation; Knowledge. (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. For purposes of this Agreement, 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. When reference is made herein to "“the business of" ” an entity, such reference shall be deemed to include the business of all such entity and its subsidiariesSubsidiaries, taken as a whole. An exception or disclosure made in the Oplink Company Disclosure Letter with regard to a representation of Oplinkthe Company, or in the Avanex Parent Disclosure Letter with regard to a representation of AvanexParent or Merger Sub, shall be deemed made with respect to any other representation by such party to which the relevance of such exception or disclosure is reasonably apparent.