Interpretive Provision Clause Samples

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. 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. The interpretive provisions contained in Article I of the Senior Indenture 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";

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 ▇▇▇▇▇▇ 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. 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. 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. 23 6.17 Severability...........................................................23 6.18 Counterparts...........................................................23 6.19 Finder's Fee...........................................................23 Schedules: Schedule 1.2 Purchasers Schedule 1.4 Use of Proceeds Schedule 2.1(b) Capitalization of the Company Schedule 2.1(c) Capitalization of the Subsidiaries Schedule 2.5 Noncontravention Schedule 2.6 Required Consents Schedule 2.7 Litigation