Interpretive Provision. The interpretive provisions contained in Section 1 of the Credit Agreement are incorporated herein, mutatis mutandis, as if a part hereof.
Interpretive Provision. Unless otherwise indicated to the contrary herein by the context or use thereof: (i) the words, “herein,” “hereto,” “hereof” and words of similar import refer to this Agreement as a whole and not to any particular Section or paragraph hereof; (ii) the word “including” means “including, but not limited to”; (iii) masculine gender shall also include the feminine and neutral genders, and vice versa; and (iv) words importing the singular shall also include the plural, and vice versa.
Interpretive Provision. The interpretive provisions contained in Section 1.01 of the Notes Indenture are incorporated herein, mutatis mutandis, as if a part hereof.
Interpretive Provision. Wherever any representation, warranty or other statement made by the Company in this Agreement is limited to the Company's knowledge, such limitation shall mean the actual knowledge or awareness of any person who, on the date hereof, is an executive officer or director of the Company after due inquiry of the circumstances thereof.
Interpretive Provision. Unless otherwise indicated to the contrary herein by the context or use thereof: (i) the words, "herein," "hereto," "hereof" and words of similar import refer to this Agreement as a whole and not to any particular Section or paragraph hereof; (ii) the word "including" means "including, but not limited to";
Interpretive Provision. With reference to this Agreement, unless otherwise specified herein:(a) The definitions of terms herein shall apply equally to the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” The word “will” shall be construed to have the same meaning and effect as the word “shall.” Unless the context requires otherwise, (i) any definition of or reference to any agreement, instrument or other document shall be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein, (ii) any reference herein to any Person shall be construed to include such Person’s successors and assigns, (iii) the words “herein,” “hereof” and “hereunder,” and words of similar import when used in this Agreement shall be construed to refer to such Agreement in its entirety and not to any particular provision thereof, (iv) any reference to any law shall include all statutory and regulatory provisions consolidating, amending, replacing or interpreting such law and any reference to any law or regulation shall, unless otherwise specified, refer to such law or regulation as amended, modified or supplemented from time to time, and (v) the words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties, including cash, securities, accounts and contract rights.
Interpretive Provision. 19 6.14 Severability..........................................................19 6.15 Counterparts..........................................................19 6.16 Finder's Fee..........................................................19 Schedules: --------- Schedule 1.1 Purchasers Schedule 1.5 Use of Proceeds Schedule 2.1(b) Capitalization of the Company Schedule 2.1(c) Capitalization of the Subsidiaries Schedule 2.2 Subsidiaries Schedule 2.5 Noncontravention Schedule 2.6 Consent and Approvals Schedule 2.7 Litigation Schedule 2.9 Debts; Liens Exhibits: -------- Exhibit A Registration Rights Joinder Agreement Exhibit B Form of Opinion of Company Counsel SECURITIES PURCHASE AND EXCHANGE AGREEMENT THIS SECURITIES PURCHASE AND EXCHANGE AGREEMENT, dated as of January 12, 1998, among XXXXXX INDUSTRIES, INC., a Delaware corporation (the "Company"), WHITE OWL INVESTORS, L.L.C., a Delaware limited liability company ("White Owl"), SOMERSET CAPITAL PARTNERS, a New York general partnership ("SCP" and, with White Owl, the "New Purchasers"), and each of the undersigned HOLDERS OF THE SENIOR NOTES (individually, a "Holder" and collectively, the "Holders"; the New Purchasers and the Holders being sometimes hereinafter collectively referred to as the "Purchasers" and individually as a "Purchaser").
Interpretive Provision. Whenever used in this Agreement "to the knowledge of" or similar language shall mean the actual knowledge, after due inquiry, of any person who, on the date hereof is an officer of Seller and who is identified on Annex I hereto.
Interpretive Provision. This Agreement constitutes the entire Agreement between the Owner and the Agent with respect to the management and operation of the Project, and no change will be valid unless made by supplemental written agreement, executed and approved in the same manner as this Agreement.
Interpretive Provision. Disclosure by any party on a Schedule relating to a representation and warranty qualified by materiality or some other modifier shall not constitute an admission by such disclosing party that such item is material or otherwise required to be disclosed on such Schedule. Disclosure by a party of a contract, agreement or other information on a Schedule shall not constitute an admission by the disclosing party that such contract, agreement or information is required to be disclosed on such Schedule. The inclusion of any dollar amount in any of the representations or warranties made in this Article IV shall not be construed as or deemed to be evidence of materiality to the operation of the Business or Condition of the Business for purposes of that or any other representation or warranty contained herein, nor shall the disclosure of any agreement, mortgage, claim or other matter on any Schedule hereto be deemed to imply that the existence of such matter or a breach, lapse, acceleration or adverse finding with respect to such matter would necessarily constitute a Material Adverse Effect with respect to the Condition of any Person or the Condition of the Business.
