Interpretation. When a reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.
Appears in 89 contracts
Samples: Share Exchange Agreement (Yubo International Biotech LTD), Exchange Agreement (Allure Worldwide, Inc.), Share Exchange Agreement (Yubo International Biotech LTD)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. 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. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”".
Appears in 40 contracts
Samples: Merger Agreement (Interwave Communications International LTD), Merger Agreement (Genrad Inc), Merger Agreement (Amphenol Corp /De/)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”".
Appears in 40 contracts
Samples: Share Exchange Agreement (Atlantic Acquisition Inc.), Acquisition Agreement (UBI Blockchain Internet LTD-DE), Share Exchange Agreement (Petrus Resources Corp)
Interpretation. When a reference is made in this Agreement to a Sectionan article, Exhibit section, paragraph, clause, schedule or Scheduleexhibit, such reference shall be deemed to a Section of, or an Exhibit or Schedule to, be to this Agreement unless otherwise indicated. The headings contained in this Agreement herein and on the schedules are for reference purposes only and shall not affect in any way the meaning or interpretation of this AgreementAgreement or the schedules. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”." Time shall be of the essence in this Agreement.
Appears in 36 contracts
Samples: Purchase Agreement (Panamera Holdings Corp), Asset Purchase Agreement (Florida Panthers Holdings Inc), Merger Agreement (Republic Industries Inc)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, ,” “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.”.
Appears in 32 contracts
Samples: Share Exchange Agreement (Peregrine Industries Inc), Stock Exchange Agreement, Stock Purchase Agreement (Canbiola, Inc.)
Interpretation. When a reference is made in this Agreement to a Sectionsections, Exhibit exhibits or Scheduleschedules, such reference shall be to a Section section of, or an Exhibit exhibit or Schedule schedule to, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall are not affect in any way the meaning or interpretation part of this Agreement. Whenever the words “include”, ,” “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.”.
Appears in 32 contracts
Samples: Merger Agreement (Evans Bancorp Inc), Merger Agreement (NBT Bancorp Inc), Merger Agreement (Evans Bancorp Inc)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. 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. Whenever the words “include”, ,” “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.”.
Appears in 29 contracts
Samples: Merger Agreement (Innovative Payment Solutions, Inc.), Stock Purchase Agreement, Stock Purchase Agreement (Envestnet, Inc.)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. 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. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”".
Appears in 26 contracts
Samples: Merger Agreement (Potomac Electric Power Co), Merger Agreement (First Farmers & Merchants Corp), Agreement and Plan of Reorganization (Arvin Industries Inc)
Interpretation. When a reference is made in this Agreement to a SectionArticles, Exhibit Sections, Schedules or ScheduleExhibits, such reference shall be to a Section ofan Article, Section, Schedule or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or and “including” are when used in this Agreement, they herein shall be deemed in each case to be followed by the words “without limitation”. Neither party hereto shall be or be deemed to be the drafter of this Agreement for the purposes of construing this Agreement against one party or the other.
Appears in 21 contracts
Samples: Revenue Interest Purchase Agreement (ImmunityBio, Inc.), Revenue Interest Financing Agreement (Athenex, Inc.), Revenue Interests Purchase Agreement
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. 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. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 21 contracts
Samples: Agreement and Plan of Merger (Hawaiian Natural Water Co Inc), Merger Agreement (Usa Interactive), Agreement and Plan of Merger (Hawaiian Natural Water Co Inc)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. 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. Whenever the words “"include”, “," "includes” or “" and "including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 16 contracts
Samples: Merger Agreement (Anchor Gaming), Merger Agreement (Versicor Inc /Ca), Merger Agreement (Hach Co)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or Disclosure Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. 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. Whenever the words word “include”, ,” “includes” or “including” are is used in this Agreement, they it shall be deemed to be followed by the words “without limitation.”.
Appears in 15 contracts
Samples: Stock and Asset Purchase Agreement, Stock and Asset Purchase Agreement (McClatchy Co), Stock Purchase Agreement (McClatchy Co)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit Section or Schedule, such reference shall be to a Section of, or an Exhibit or a Schedule to, this Agreement unless otherwise indicated. 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. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 12 contracts
Samples: Merger Agreement (Exploration Co of Delaware Inc), Merger Agreement (Bertuccis Inc), Merger Agreement (Holmes Products Corp)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. 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. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”".
Appears in 12 contracts
Samples: Merger Agreement (Infonow Corp /), Merger Agreement (Partners Trust Financial Group Inc), Merger Agreement (Eagle Financial Corp)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for convenience of reference purposes only only, do not constitute part of this Agreement and shall not be deemed to limit or otherwise affect in any way of the meaning or interpretation of this Agreementprovisions hereof. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.
Appears in 11 contracts
Samples: Merger Agreement (American River Bankshares), Merger Agreement, Merger Agreement (Bank of Marin Bancorp)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. 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. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 10 contracts
Samples: Merger Agreement (New Ralcorp Holdings Inc), Merger Agreement (Mypoints Com Inc), Merger Agreement (Atlas Copco North America Inc)
Interpretation. When a reference is made in this Agreement to a SectionArticles, Exhibit Sections, Exhibits or ScheduleSchedules, such reference shall be to a an Article or Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 10 contracts
Samples: Stock Option Agreement (Pride International Inc), Stock Option Agreement (Pride International Inc), Stock Option Agreement (America Online Inc)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. 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. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.
Appears in 10 contracts
Samples: Merger Agreement (CNB Financial Corp/Pa), Merger Agreement (Western Liberty Bancorp), Merger Agreement (Western Alliance Bancorporation)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit Section or ScheduleExhibit, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. 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. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”".
Appears in 9 contracts
Samples: Merger Agreement (Boise Cascade Corp), Merger Agreement (Tomkins PLC), Merger Agreement (Santa Fe Pacific Gold Corp)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. 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. Whenever the words “include”, ,” “includes” or and “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.”.
Appears in 8 contracts
Samples: Merger Agreement (FI CBM Holdings N.V.), Merger Agreement (FI CBM Holdings N.V.), Merger Agreement (Fiat Industrial S.p.A.)
Interpretation. When a reference is made in this Agreement to a Sectionsections, Exhibit exhibits, or Scheduleschedules, such the reference shall be to a Section section of, or an Exhibit exhibit or Schedule schedule to, this Agreement unless otherwise expressly indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall are not affect in any way the meaning or interpretation part of this Agreement. Whenever the words “include”, ,” “includes,” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.”.
Appears in 8 contracts
Samples: Merger Agreement (Enterprise Bancorp Inc /Ma/), Merger Agreement (Eastern Bankshares, Inc.), Merger Agreement (Cambridge Bancorp)
Interpretation. When a reference is made in this Agreement to a Sectionan article, Exhibit section, paragraph, clause, schedule or Scheduleexhibit, such reference shall be deemed to a Section of, or an Exhibit or Schedule to, be to this Agreement unless otherwise indicated. The headings contained in this Agreement herein and on the schedules are for reference and convenience purposes only and shall not affect in any way the meaning or interpretation of this AgreementAgreement or the schedules. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”." Time shall be of the essence in this Agreement.
Appears in 7 contracts
Samples: Merger Agreement (Sportsline Usa Inc), Merger Agreement (Sportsline Usa Inc), Stock Purchase Agreement (Oak Tree Medical Systems Inc)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. 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. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.
Appears in 7 contracts
Samples: Investment Agreement (Alberto Culver Co), Merger Agreement (Rurbanc Data Services Inc), Merger Agreement (Alberto Culver Co)
Interpretation. When a reference is made in this Agreement to a SectionArticles, Exhibit Sections, Exhibits or ScheduleSchedules, such reference shall be to a an Article or Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. 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. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 7 contracts
Samples: Merger Agreement (Savia Sa De Cv), Agreement and Plan of Merger (Seminis Inc), Merger Agreement (Seminis Inc)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit Section or Schedule, such reference shall be to a Section of, or an Exhibit of or Schedule to, to this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever Wherever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”".
Appears in 7 contracts
Samples: Bt/Mci Merger Agreement (Mci Communications Corp), Shareholder Agreement (Infoseek Corp /De/), Merger Agreement (Worldcom Inc /Ga/)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit Section or Schedule, such reference shall be to a Section of, or an Exhibit or a Schedule to, this Agreement unless otherwise indicated. 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. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”".
Appears in 6 contracts
Samples: Merger Agreement (Fieldcrest Cannon Inc), Recapitalization Agreement (Scotsman Group Inc), Merger Agreement (Pillowtex Corp)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or ScheduleExhibits, such reference shall be to a Section of, or an Exhibit or Schedule to, 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 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. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.
Appears in 6 contracts
Samples: Agreement and Plan of Reorganization (Sagent Technology Inc), Stock Purchase Agreement (American Bankers Insurance Group Inc), Merger Agreement (Collegelink Com Incorp)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit Exhibit, or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, ,” “includes,” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.”.
Appears in 6 contracts
Samples: Share Exchange Agreement (Global Technologies LTD), Share Exchange Agreement (Bio Lab Naturals, Inc.), Share Exchange Agreement (Grey Cloak Tech Inc.)
Interpretation. When a reference is made in this Agreement to -------------- Sections, Exhibits or Schedules, such reference will be to a Section, Exhibit or Schedule, such reference shall be Schedule to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The words "include," "includes," and "including" when used therein will be deemed in each case to be followed by the words "without limitation." The table of contents, index to defined terms, and headings contained in this Agreement are for reference purposes only and shall will not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.
Appears in 6 contracts
Samples: Agreement and Plan of Reorganization (Transwitch Corp /De), Agreement and Plan of Reorganization (Lionbridge Technologies Inc /De/), Agreement and Plan of Reorganization (Transwitch Corp /De)
Interpretation. When a A reference is made in this Agreement to a an Article, Section, Exhibit or Schedule, such reference shall be to a an Article or Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. 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. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 6 contracts
Samples: Securities Purchase Agreement (Cyrk Inc), Securities Purchase Agreement (Equity Marketing Inc), Merger Agreement (Berkshire Hathaway Inc)
Interpretation. When a reference is made in this Agreement to a Sectionan article, Exhibit section, paragraph, clause, schedule or Scheduleexhibit, such reference shall be deemed to a Section of, or an Exhibit or Schedule to, be to this Agreement unless otherwise indicated. The headings contained in this Agreement herein and on the schedules are for reference purposes only and shall not affect in any way the meaning or interpretation of this AgreementAgreement or the schedules. Whenever the words “include”, ,” “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.”.
Appears in 6 contracts
Samples: Asset Purchase Agreement (RDE, Inc.), Asset Purchase Agreement (RDE, Inc.), Membership Interests Purchase Agreement (Cornerworld Corp)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. 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. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 6 contracts
Samples: Stockholders Agreement (Riverwood Holding Inc), Registration Rights Agreement (Riverwood Holding Inc), Merger Agreement (Enstar Group Inc)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, or an Exhibit or Schedule to, 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 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. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.
Appears in 5 contracts
Samples: Option Agreement (Pacific Software, Inc.), Option Agreement (Pacific Software, Inc.), Merger Agreement (COMMITTED CAPITAL ACQUISITION Corp)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. 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. Whenever the words “word "include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”".
Appears in 5 contracts
Samples: Merger Agreement (Mens Wearhouse Inc), Merger Agreement (CFW Communications Co), Merger Agreement (Evi Inc)
Interpretation. When a A reference is made in this Agreement to a Section, Exhibit or ScheduleSchedule is, such unless otherwise stated, a reference shall be to a Section ofsection hereof, or an Exhibit exhibit or Schedule toschedule hereto, this Agreement unless otherwise indicatedas the case may be. The headings contained Section captions used in this Agreement are for reference purposes only convenience only, and shall not affect in any way the meaning or interpretation construction of this Agreement. Whenever the words “include”The word "including" shall, “includes” or “including” are used in this Agreementeach instance, they shall be deemed to be followed by the words “without limitation”mean "including but not limited to".
Appears in 5 contracts
Samples: Credit Agreement (Chronimed Inc), Security Agreement (Datron Systems Inc/De), Security Agreement (Datron Systems Inc/De)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. 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. Whenever the words “include”, ,” “includes” or and “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.”.
Appears in 5 contracts
Samples: Investment Agreement, Investment Agreement (Yum China Holdings, Inc.), Investment Agreement (Yum China Holdings, Inc.)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. 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. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 5 contracts
Samples: Merger Agreement (Authentic Specialty Foods Inc), Merger Agreement (Sonic Automotive Inc), Offer to Purchase (Murdock David H)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. 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. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 5 contracts
Samples: Merger Agreement (S1 Corp /De/), Share Purchase Agreement (Security First Technologies Corp), Merger Agreement (Security First Technologies Corp)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall are not affect in any way the meaning or interpretation part of this Agreement. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”".
Appears in 5 contracts
Samples: Merger Agreement (First Community Bancorp /Ca/), Merger Agreement (First Community Bancorp /Ca/), Merger Agreement (First Community Bancorp /Ca/)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. 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. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”".
Appears in 5 contracts
Samples: Merger Agreement (Wells Fargo & Co), Merger Agreement (Reckson Services Industries Inc), Merger Agreement (CDX Com Inc)
Interpretation. When a reference is made in this Agreement to a Recital, Section, Exhibit or Schedule, such reference shall be to a Recital or Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall are not affect in any way the meaning or interpretation part of this Agreement. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”".
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Ubs Ag), Merger Agreement (Ubs Preferred Funding Co LLC I), Merger Agreement (Ubs Ag/Ny)
Interpretation. When a reference is made in to this Agreement to a Section, Exhibit Article, or Schedule, such reference shall be to a Section ofSection, Article, or an Exhibit or Schedule to, of this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not neither affect in any way the meaning or interpretation of this Agreement, nor define or limit the scope or intent of any provision or part hereof. Whenever the words “"include”, “," or "includes” ," or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 5 contracts
Samples: Noncompetition Agreement (Crestline Capital Corp), Noncompetition Agreement (Crestline Capital Corp), Noncompetition Agreement (HMC Merger Corp)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 4 contracts
Samples: Stockholders Agreement (Trega Biosciences Inc), Stockholders Agreement (Brokat Aktiengesellschaft), Stockholders Agreement (Blaze Software Inc)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit section or Scheduleexhibit, such reference shall be to a Section section of, or an Exhibit or Schedule exhibit to, this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.”.
Appears in 4 contracts
Samples: Merger Agreement, Merger Agreement (Phototron Holdings, Inc.), Merger Agreement (Artemis Acquisition Corp.)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 4 contracts
Samples: Share Exchange Agreement (Vortex Blockchain Technologies Inc.), Stock Purchase Agreement (Guar Global Ltd.), Share Exchange Agreement (Vacation Home Swap, Inc.)
Interpretation. When a reference is made in this Agreement to an Article, a Section, Exhibit or Schedule, such reference shall be to an Article of, a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. 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. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.words
Appears in 4 contracts
Samples: Merger Agreement (Meridian Medical Technologies Inc), Merger Agreement (Mgi Pharma Inc), Merger Agreement (Cardinal Health Inc)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit Sections or ScheduleExhibits, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only words "include," "includes" and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “"including” are " when used in this Agreement, they herein shall be deemed in each case to be followed by the words “"without limitation”." 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 date first above written.
Appears in 4 contracts
Samples: Shareholder Agreement (Nanometrics Inc), Merger Agreement (Amdocs LTD), Shareholder Agreement (Nanometrics Inc)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit Sections or ScheduleExhibits, such reference shall be to a Section of, or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The words "include," "includes" and "including" when used therein shall be deemed in each case to be followed by the words "without limitation." The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.
Appears in 4 contracts
Samples: Combination Agreement (National Oilwell Inc), Combination Agreement (Pioneer Natural Resources Co), Combination Agreement (Pioneer Natural Resources Co)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit Sections or ScheduleExhibits, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, ,” “includes” or and “including” are when used in this Agreement, they herein shall be deemed in each case to be followed by the words “without limitation.” 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 date first above written.
Appears in 4 contracts
Samples: Stockholder Agreement (Mast Therapeutics, Inc.), Shareholder Agreement (August Technology Corp), Shareholder Agreement (August Technology Corp)
Interpretation. When a reference is made in this Agreement to a SectionArticles, Exhibit Sections, Schedules or ScheduleExhibits, such reference shall be to a Section ofan Article, Section, Schedule or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only words "include," "includes" and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “"including” are " when used in this Agreement, they herein shall be deemed in each case to be followed by the words “"without limitation”." Neither party hereto shall be or be deemed to be the drafter of this Agreement for the purposes of construing this Agreement against one party or the other.
Appears in 4 contracts
Samples: Revenue Interests Assignment Agreement (Ortec International Inc), Royalty Interest Agreement (Ap Pharma Inc /De/), Revenue Interests Assignment Agreement (Orthovita Inc)
Interpretation. When a reference is made in this Agreement to Sections, Exhibits or Schedules, such reference will be to a Section, Exhibit or Schedule, such reference shall be Schedule to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The words “include,” “includes,” and “including” when used therein will be deemed in each case to be followed by the words “without limitation.” The table of contents, index to defined terms, and headings contained in this Agreement are for reference purposes only and shall will not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.
Appears in 4 contracts
Samples: Asset Purchase Agreement, Merger Agreement (Mascoma Corp), Agreement and Plan of Reorganization (Cognos Inc)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit Section or Schedule, such reference shall be to a Section of, or an Exhibit of or Schedule to, to this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever Wherever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 4 contracts
Samples: Merger Agreement (Radiologix Inc), Merger Agreement (Primedex Health Systems Inc), Support Agreement (Walt Disney Co/)
Interpretation. When a reference is made in this Agreement to a Sectionan article, Exhibit section, paragraph, clause, schedule or Scheduleexhibit, such reference shall be deemed to a Section of, or an Exhibit or Schedule to, be to this Agreement unless otherwise indicated. The headings contained in this Agreement herein and on the schedules are for reference purposes only and shall not affect in any way the meaning or interpretation of this AgreementAgreement or the schedules. Whenever Whenever, the words “"include”, “," "includes” " or “"including” " are used in this Agreement, Agreement they shall be deemed to be followed by the words “"without limitation”." Time shall be of the essence in this Agreement.
Appears in 4 contracts
Samples: Merger Agreement (Republic Industries Inc), Acquisition Agreement (Packaging Dynamics Corp), Stock Purchase Agreement (Novo Mediagroup Inc)
Interpretation. When a reference is made in this Agreement to a Sectionsections, Exhibit exhibits or Scheduleschedules, such reference shall be to a Section ofsection, exhibit or an Exhibit or Schedule to, schedule of this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall are not affect in any way the meaning or interpretation part of this Agreement. Whenever the words “include”, ,” “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.”.
Appears in 4 contracts
Samples: Merger Agreement (Peoples Holding Co), Merger Agreement (Renasant Corp), Merger Agreement (Heritage Financial Holding)
Interpretation. When a reference is made in this Agreement to a Sectionsection, Exhibit exhibit or Scheduleschedule, such reference shall be to a Section section of, or an Exhibit exhibit or Schedule schedule to, this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.”.
Appears in 4 contracts
Samples: Merger Agreement (Gold Hill Resources, Inc.), Merger Agreement (Fluoropharma Medical, Inc.), Merger Agreement (Fluoropharma Medical, Inc.)
Interpretation. When a reference is made in this Agreement to a Sectionan article, Exhibit section, paragraph, clause, schedule or Scheduleexhibit, such reference shall be deemed to a Section of, or an Exhibit or Schedule to, be to this Agreement unless otherwise indicated. The headings contained in this Agreement herein and on the schedules are for reference purposes only and shall not affect in any way the meaning or interpretation of this AgreementAgreement or the schedules. Whenever Whenever, the words “include”, ,” “includes” or “including” are used in this Agreement, Agreement they shall be deemed to be followed by the words “without limitation”.” Time shall be of the essence in this Agreement.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (Real Goods Solar, Inc.), Asset Purchase Agreement (Silver Point Capital L.P.), Asset Purchase Agreement (U S Energy Systems Inc)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. 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. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”. The words “hereof”, “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement.
Appears in 4 contracts
Samples: Transfer Restriction Agreement (Rankin Alfred M Et Al), Transfer Restriction Agreement (Rankin Alfred M Et Al), Transfer Restriction Agreement (Hamilton Beach Brands Holding Co)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Annexes or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit Annex or Schedule to, to this Agreement unless otherwise indicated. The table of contents, glossary of defined terms 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. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”".
Appears in 3 contracts
Samples: Merger Agreement (Commnet Cellular Inc), Merger Agreement (Blackstone Cci Capital Partners Lp), Merger Agreement (Commnet Cellular Inc)
Interpretation. When a reference is made in this -------------- Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. 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. Whenever the words “"include”, “," "includes” or “" and "including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 3 contracts
Samples: Merger Agreement (Buy Com Inc), Merger Agreement (Us Office Products Co), Merger Agreement (Herbalife International Inc)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit Sections or ScheduleExhibits, such reference shall be to a Section of, or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The words "include," "includes" and "including" when used therein shall be deemed in each case to be followed by the words "without limitation." Any references in this Agreement to "the date hereof" refers to the date of execution of this Agreement. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.
Appears in 3 contracts
Samples: Arrangement Agreement (Solitario Exploration & Royalty Corp.), Arrangement Agreement (Solitario Exploration & Royalty Corp.), Combination Agreement (Calpine Corp)
Interpretation. When a reference is made in this Agreement to a Sectionan article, Exhibit section, paragraph, clause, schedule or Scheduleexhibit, such reference shall be deemed to a Section of, or an Exhibit or Schedule to, be to this Agreement unless otherwise indicated. The headings contained in this Agreement herein and on the Schedules are for reference purposes only and shall not affect in any way the meaning or interpretation of this AgreementAgreement or the Schedules. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 3 contracts
Samples: Asset Purchase Agreement (Chubasco Resources Corp.), Stock Purchase Agreement (Sturm Donald L), Stock Purchase Agreement (Worldport Communications Inc)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. 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. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”. References to “$” refer to U.S. Dollars.
Appears in 3 contracts
Samples: Business Combination Agreement, Business Combination Agreement (Liberty Acquisition Holdings Corp.), Business Combination Agreement (Liberty Acquisition Holdings Corp.)
Interpretation. When a A reference is made in this Agreement to a Section, -------------- Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. 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. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 3 contracts
Samples: Merger Agreement (Online System Services Inc), Merger Agreement (Berkshire Hathaway Inc /De/), Merger Agreement (Berkshire Hathaway Inc /De/)
Interpretation. When a A reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. 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. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 3 contracts
Samples: Merger Agreement (Vaughn Communications Inc), Merger Agreement (International Dairy Queen Inc), Merger Agreement (Healthwatch Inc)
Interpretation. When a reference is made in this Agreement to a Section, Section or Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. 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. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.
Appears in 3 contracts
Samples: Preferred Stock Purchase Agreement (Computer Software Innovations Inc), Merger Agreement (Verticalbuyer Inc), Merger Agreement (Computer Software Innovations Inc)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall are not affect in any way the meaning or interpretation part of this Agreement. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (FCB Bancorp), Merger Agreement (Americanwest Bancorporation), Merger Agreement (Americanwest Bancorporation)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only words "include," "includes" and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “"including” are " when used in this Agreement, they 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
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Cardiometrics Inc), Agreement and Plan of Reorganization (Endosonics Corp), Agreement and Plan of Reorganization (Endosonics Corp)
Interpretation. When a reference is made in this Agreement to a Sectionan article, Exhibit section, paragraph, clause, schedule or Scheduleexhibit, such reference shall be deemed to a Section of, or an Exhibit or Schedule to, be to this Agreement unless otherwise indicated. The headings contained in this Agreement herein and on the schedules are for reference purposes only and shall not affect in any way the meaning or interpretation of this AgreementAgreement or the schedules. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 3 contracts
Samples: Stock Purchase and Asset Sale Agreement (Mabwe Minerals Inc.), Stock Purchase Agreement (Sunair Electronics Inc), Asset Purchase Agreement (Cenuco Inc)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only words "include," "includes" and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “"including” are " when used in this Agreement, they herein shall be deemed to be followed by the words “without limitation”.in
Appears in 3 contracts
Samples: Merger Agreement (Quadramed Corp), Agreement and Plan of Reorganization (Quadramed Corp), Merger Agreement (Quadramed Corp)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit subsections, Schedules or ScheduleExhibits, such reference shall be to a Section ofSection, subsection, Schedule or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only words "include," "includes" and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “"including” are " when used in this Agreement, they herein shall be deemed in each case to be followed by the words “without limitation”."without
Appears in 3 contracts
Samples: Merger Agreement (Webmethods Inc), Merger Agreement (Webmethods Inc), Merger Agreement (Webmethods Inc)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit Sections or ScheduleExhibits, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, ,” “includes” or and “including” are when used in this Agreement, they herein shall be deemed in each case to be followed by the words “without limitation”.” 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 date first above written.
Appears in 3 contracts
Samples: Company Shareholder Voting Agreement, Company Shareholder Voting Agreement (Rudolph Technologies Inc), Parent Stockholder Voting Agreement (August Technology Corp)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit -------------- Schedules or ScheduleExhibits, such reference shall be to a Section of, Schedule or an Exhibit or Schedule to, 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 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. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Tibco Software Inc), Asset Purchase Agreement (Tibco Software Inc), Asset Purchase Agreement (Tibco Software Inc)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit subsections, Schedules or ScheduleExhibits, such reference shall be to a Section ofSection, subsection, Schedule or an Exhibit or Schedule to, 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 word "herein" and similar references mean, except where a specific Section or Article reference is expressly indicated, the entire Agreement rather than any specific Section or Article. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.
Appears in 3 contracts
Samples: Stockholders' Agreement (Commercial Net Lease Realty Inc), Stockholders' Agreement (Aros Corp), Stockholders' Agreement (Centerpulse LTD)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.”.
Appears in 3 contracts
Samples: Merger Agreement (Pedro's List, Inc.), Merger Agreement (Ozop Surgical Corp.), Merger Agreement (Viking Investments Group, Inc.)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. 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. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “without -without limitation”".
Appears in 3 contracts
Samples: Merger Agreement (Invacare Corp), Merger Agreement (Sunbeam Corp/Fl/), Merger Agreement (Invacare Corp)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit subsections, Schedules or ScheduleExhibits, such reference shall be to a Section ofSection, subsection, Schedule or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only words "include," "includes" and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “"including” are " when used in this Agreement, they herein shall be deemed in each case to be followed by the words “"without limitation”." The word "herein" and similar references mean, except where a specific Section or Article reference is expressly indicated, the entire Agreement rather than any specific Section or Article.
Appears in 3 contracts
Samples: Merger Agreement (At&t Wireless Services Inc), Merger Agreement (Telecorp PCS Inc /Va/), Agreement and Plan of Reorganization and Contribution (Tritel Inc)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. 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. Whenever the words “'include”', “'includes” ' or “'including” ' are used in this Agreement, they shall be deemed to be followed by the words “without -without limitation”'.
Appears in 3 contracts
Samples: Merger Agreement (Sunbeam Corp/Fl/), Merger Agreement (Sunbeam Corp/Fl/), Merger Agreement (Signature Brands Usa Inc)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. 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. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.”.
Appears in 3 contracts
Samples: Registration Rights Agreement (Authentec Inc), Merger Agreement (Riverwood Holding Inc), Registration Rights Agreement (Graphic Packaging Corp)
Interpretation. When a reference is made in this Agreement to a Section, Section or Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. 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. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”".
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Turner Broadcasting System Inc), Merger Agreement (Time Warner Inc), Agreement and Plan of Merger (Time Warner Inc)
Interpretation. When a reference is made in this Agreement to a an Article, Section, Exhibit or Schedule, such reference shall be to a Section ofan Article, or an Section, Exhibit or Schedule to, to this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only words "include," "includes" and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “"including” are " when used in this Agreement, they herein shall be deemed in each case to be followed by the words “"without limitation”."
Appears in 3 contracts
Samples: Term Loan Agreement (Diedrich Coffee Inc), Revolving Loan Agreement (Broadband Sports Inc), Term Loan Agreement (Diedrich Coffee Inc)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit Sections or ScheduleSchedules, such reference shall be to a Section of, or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, ,” “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.”.
Appears in 3 contracts
Samples: Trademark License Agreement, Trademark License Agreement (Trump Entertainment Resorts, Inc.), Trademark License Agreement (Trump Entertainment Resorts Holdings Lp)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleDisclosure Schedules, such reference shall be to a Section of, or an Exhibit or Disclosure Schedule to, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall are not affect in any way the meaning or interpretation part of this Agreement. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.
Appears in 2 contracts
Samples: Merger Agreement (East West Bancorp Inc), Merger Agreement (East West Bancorp Inc)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit or Schedule toto this Agreement, this Agreement unless otherwise indicated. 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. Whenever the words “include”, ,” “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.
Appears in 2 contracts
Samples: Merger Agreement (FNB Financial Services Corp), Merger Agreement (LSB Bancshares Inc /Nc/)
Interpretation. When a reference is made in this -------------- Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. 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. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”".
Appears in 2 contracts
Samples: Merger Agreement (Warnaco Group Inc /De/), Stock and Note Purchase Agreement (Merisel Inc /De/)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The table of contents, glossary of defined terms 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. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.
Appears in 2 contracts
Samples: Merger Agreement (International Bancshares Corp), Merger Agreement (Local Financial Corp /Nv)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits, or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.
Appears in 2 contracts
Samples: Merger Agreement (Amgen Inc), Merger Agreement (Tularik Inc)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. 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. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 2 contracts
Samples: Merger Agreement (Freedom Securities Corp /De/), Restated Agreement and Plan of Merger (Syratech Corp)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall are not affect in any way the meaning or interpretation part of this Agreement. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.”.
Appears in 2 contracts
Samples: Merger Agreement (First Community Bancorp /Ca/), Merger Agreement (First Community Bancorp /Ca/)
Interpretation. When a reference is made in this Agreement -------------- to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. 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. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 2 contracts
Samples: Merger Agreement (Inergy L P), Merger Agreement (Dynamic Healthcare Technologies Inc)
Interpretation. When a reference is made in this Agreement to -------------- a Section, Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. 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. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Price Thomas A), Agreement and Plan of Merger and Reorganization (Firstamerica Automotive Inc /De/)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit exhibits or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The table of contents, glossary of defined terms 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. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”".
Appears in 2 contracts
Samples: Merger Agreement (Sprint Corp), Agreement and Plan of Merger (Mci Worldcom Inc)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The Table of Contents, glossary of defined terms 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. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”".
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Vanguard Cellular Systems Inc), Agreement and Plan of Merger (At&t Corp)
Interpretation. (i) When a reference is made in this Agreement to a Section, Exhibit Section or a Schedule, such reference shall be to a Section of, or an Exhibit or a Schedule to, this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”.". The words "hereof", "herein" and "hereunder" and
Appears in 2 contracts
Samples: Stockholders Agreement (Westwood Corp/Nv/), Stockholders Agreement (L 3 Communications Corp)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or Disclosure Schedule or other Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to or related to, this Agreement unless otherwise indicated. 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. Whenever the words word “include”, ,” “includes” or “including” are is used in this Agreement, they it shall be deemed to be followed by the words “without limitation.”.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Lee Enterprises, Inc), Asset Purchase Agreement (Lee Enterprises, Inc)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. 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. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”". Inclusion of any matter on any Schedule to this Agreement shall not be deemed an admission that such item is material or otherwise required to be included on such Schedule.
Appears in 2 contracts
Samples: Merger Agreement (Oryx Energy Co), Merger Agreement (Oryx Energy Co)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. 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. Whenever When ever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”".
Appears in 2 contracts
Samples: Merger Agreement (International Business Machines Corp), Merger Agreement (Johnson & Johnson)
Interpretation. When a reference is made in this Agreement to a Sectionan article, Exhibit section, paragraph, clause, schedule or Scheduleexhibit, such reference shall be deemed to a Section of, or an Exhibit or Schedule to, be to this Agreement unless otherwise indicated. The headings contained in this Agreement herein and on the schedules are for reference purposes only and shall not affect in any way the meaning or interpretation of this AgreementAgreement or the schedules. Whenever Whenever, the words “"include”, “," "includes” " or “"including” " are used in this Agreement, Agreement they shall be deemed to be followed by the words “"without limitation”."
Appears in 2 contracts
Samples: Registration Rights Agreement (Packaging Dynamics Corp), Registration Rights Agreement (Packaging Dynamics Corp)
Interpretation. When a reference is made in this Agreement to a Sectionan article, Exhibit section, paragraph, clause, schedule or Scheduleexhibit, such reference shall be deemed to a Section of, or an Exhibit or Schedule to, be to this Agreement unless otherwise indicated. The headings contained in this Agreement herein and on the Schedules are for reference purposes only and shall not affect in any way the meaning or interpretation of this AgreementAgreement or the Schedules. Whenever the words “include”, ,” “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.”.
Appears in 2 contracts
Samples: Unit Purchase Agreement (Cornerworld Corp), Stock Purchase Agreement (Compass Group Diversified Holdings LLC)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit Schedule or ScheduleExhibit, such reference shall be to a Section ofSection, Schedule or an Exhibit or Schedule to, of this Agreement unless otherwise indicated. The headings table of contents contained in this Agreement are is for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “"included," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”." All accounting terms not defined in this Agreement shall have the meanings determined by GAAP.
Appears in 2 contracts
Samples: Share Purchase Agreement (Euniverse Inc), Purchase Agreement (Medscape Inc)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or Schedule-------------- Exhibits, such reference shall be to a Section of, or an Exhibit or Schedule to, 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 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. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Carsdirect Com Inc), Agreement and Plan of Reorganization (Measurex Corp /De/)