Common use of Interpretative Matters Clause in Contracts

Interpretative Matters. Unless otherwise indicated or the context otherwise requires, (i) all references to Sections, Schedules, Appendices or Exhibits are to Sections, Schedules, Appendices or Exhibits contained in or attached to this Agreement, (b) words in the singular or plural include the singular and plural and pronouns stated in either the masculine, the feminine or neuter gender shall include the masculine, feminine and neuter, (c) the words “hereof,” “herein” and words of similar effect shall reference this Agreement in its entirety, and (d) the use of the word “including” in this Agreement shall be by way of example rather than limitation.

Appears in 19 contracts

Samples: Facility Agreement, Facility Agreement (Kempharm, Inc), Recapitalization Agreement (Nuo Therapeutics, Inc.)

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Interpretative Matters. Unless otherwise indicated or the context otherwise requires, (i) all references to Sections, Schedules, Appendices or Exhibits are to Sections, Schedules, Appendices or Exhibits contained in or attached to this AgreementAmendment, (b) words in the singular or plural include the singular and plural and pronouns stated in either the masculine, the feminine or neuter gender shall include the masculine, feminine and neuter, (c) the words “hereof,” “herein” and words of similar effect shall reference this Agreement Amendment in its entirety, and (d) the use of the word “including” in this Agreement Amendment shall be by way of example rather than limitation.

Appears in 6 contracts

Samples: Facility Agreement, Facility Agreement (Mannkind Corp), Facility Agreement (Mannkind Corp)

Interpretative Matters. Unless otherwise indicated or the context otherwise requires, (i) all references to Sections, Schedules, Appendices or Exhibits are to Sections, Schedules, Appendices or Exhibits contained in or attached to this Agreement, (bii) words in the singular or plural include the singular and plural and pronouns stated in either the masculine, the feminine or neuter gender shall include the masculine, feminine and neuter, (ciii) the words “hereof,” “herein” and words of similar effect shall reference this Agreement in its entirety, and (div) the use of the word “including” in this Agreement shall be by way of example rather than limitation.

Appears in 3 contracts

Samples: June 2009 Waiver and Amendment Agreement (South Texas Oil Co), August 2009 Waiver and Amendment Agreement (South Texas Oil Co), June 2009 Waiver and Amendment Agreement (South Texas Oil Co)

Interpretative Matters. Unless otherwise indicated or the context otherwise requires, (ia) all references to Sections, Schedules, Appendices or Exhibits are to Sections, Schedules, Appendices or Exhibits contained in or attached to this Agreement, (b) words in the singular or plural include the singular and plural and pronouns stated in either the masculine, the feminine or neuter gender shall include the masculine, feminine and neuter, (c) the words “hereof,” “herein” and words of similar effect shall reference this Agreement in its entirety, and (d) the use of the word “including” in this Agreement shall be by way of example rather than limitation.

Appears in 3 contracts

Samples: Facility Agreement (Neos Therapeutics, Inc.), Facility Agreement (Aytu Bioscience, Inc), Facility Agreement (Endologix Inc /De/)

Interpretative Matters. Unless otherwise indicated or the context otherwise requires, (i) all references to Sections, Schedules, Appendices or Exhibits are to Sections, Schedules, Appendices or Exhibits contained in or attached to this Agreement, (b) words in the singular or plural include the singular and plural and pronouns stated in either the masculine, the feminine or neuter gender shall include the masculine, feminine and neuter, (c) the words “hereof,” “herein” and words of similar effect shall reference this Agreement in its entirety, and (d) the use of the word “including” in this Agreement shall be by way of example rather than limitation.

Appears in 2 contracts

Samples: June 2008 Amendment Agreement (interCLICK, Inc.), May 2008 Amendment Agreement (Customer Acquisition Network Holdings, Inc.)

Interpretative Matters. Unless otherwise indicated or the context otherwise requires, (ia) all references to Sections, Schedules, Appendices or Exhibits are to Sections, Schedules, Appendices or Exhibits contained in or attached to this Agreement, (b) words in the singular or plural include the singular and plural and pronouns stated in either the masculine, the feminine or neuter gender shall include the masculine, feminine and neuter, (c) the words “hereof,” “herein” and words of similar effect shall reference this Agreement in its entirety, and (d) the use of the word “including” in this Agreement shall be by way of example rather than limitation.. ​ ​ ​ ​

Appears in 2 contracts

Samples: Subordination Agreement (Neos Therapeutics, Inc.), Subordination Agreement (Neos Therapeutics, Inc.)

Interpretative Matters. Unless otherwise indicated or the context otherwise requires, (i) all references to Sections, Schedules, Appendices Schedules or Exhibits are to Sections, Schedules, Appendices or Exhibits contained in or attached to this Agreement, (b) words in the singular or plural include the singular and plural and pronouns stated in either the masculine, the feminine or neuter gender shall include the masculine, feminine and neuter, (c) the words “hereof,” “herein” and words of similar effect shall reference this Agreement in its entirety, and (d) the use of the word “including” in this Agreement shall be by way of example rather than limitation.

Appears in 2 contracts

Samples: Exchange and Termination Agreement (Windtree Therapeutics Inc /De/), Exchange and Termination Agreement (Windtree Therapeutics Inc /De/)

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Interpretative Matters. Unless otherwise indicated or the context otherwise requires, (ia) all references to Sections, Schedules, Appendices or Exhibits are to Sections, Schedules, Appendices or Exhibits contained in or attached to this Agreement, (b) words in the singular or plural include the singular and plural and pronouns stated in either the masculine, the feminine or neuter gender shall include the masculine, feminine and neuter, (c) the words “hereof,” “herein” and words of similar effect shall reference this Agreement in its entirety, and (d) the use of the word “including” in this Agreement shall be by way of example rather than limitation. Unless otherwise indicated, references to “Transaction Documents” in this Agreement refer to Transaction Documents, each as amended as of the Effective Date, including as provided by this Agreement.

Appears in 2 contracts

Samples: Facility Agreement (Kempharm, Inc), Exchange Agreement (Sientra, Inc.)

Interpretative Matters. Unless otherwise indicated or the context otherwise requires, (i) all references to Articles, Sections or Schedules are to Articles, Sections, Schedules, Appendices or Exhibits are to Sections, Schedules, Appendices or Exhibits Schedules contained in or attached to this Agreement, (bii) words in the singular or plural include the singular and plural plural, and pronouns stated in either the masculine, the feminine or neuter gender shall include the masculine, feminine and neuter, (ciii) the words “hereof,” “herein” and words of similar effect shall reference this Agreement in its entirety, and (div) the use of the word “including” in this Agreement shall be by way of example rather than limitation.

Appears in 1 contract

Samples: Exchange and Termination Agreement (Aerie Pharmaceuticals Inc)

Interpretative Matters. Unless otherwise indicated or the context otherwise requires, (ia) all references to Sections, Schedules, Appendices or Exhibits are to Sections, Schedules, Appendices or Exhibits contained in or attached to this Agreement, (b) words in the singular or plural include the singular and plural and pronouns stated in either the masculine, the feminine or neuter gender shall include the masculine, feminine and neuter, (c) the words “hereof,” “herein” and words of similar effect shall reference this Agreement in its entirety, and (d) the use of the word “including” in this Agreement shall be by way of example rather than limitation. Unless otherwise indicated, references to “Transaction Documents” in this Agreement refer to Transaction Documents (as defined in the Facility Agreement), each as amended as of the Effective Date.

Appears in 1 contract

Samples: January 2020 Exchange Agreement (Kempharm, Inc)

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