Miscellaneous Interpretation. In this Agreement:
(a) words in the singular include the plural and vice versa, and words in one gender include all genders;
(b) the headings of Articles, sections and Appendices are for convenience of reference only and do not form part of this Agreement and shall not affect the construction or interpretation of this Agreement;
Miscellaneous Interpretation. When a reference is made in this Agreement to Articles, Sections, Exhibits or Schedules, such reference will be to an Article, Section, Exhibit or Schedule to this Agreement unless otherwise indicated. Whenever the words “include,” “includes,” or “including” are used in this Agreement, they will be deemed to be followed by the words “without limitation.” Unless the context otherwise requires, (1) “or” is disjunctive but not necessarily exclusive, (2) words in the singular include the plural and vice versa, (3) the words “herein,” “hereof,” “hereby,” “hereunder,” and words of similar nature refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited, and (4) the use in this Agreement of a pronoun in reference to a Party includes the masculine, feminine or neuter, as the context may require. The Schedules and Exhibits attached to this Agreement are deemed to be part of this Agreement and included in any reference to this Agreement. If the date of performance falls on a day that is not a Business Day, then the actual date of performance will be the next succeeding day that is a Business Day. References to any Law or agreement shall mean such Law or agreement as it may be amended from time to time. All references to “dollars” or “$” shall refer to United States Dollars. [Signature pages follow.] Seller has executed this Agreement as of the Execution Date. SEG-TRD LLC By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Director of Finance SEG-TRD II LLC By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Director of Finance Buyer and Earthstone have executed this Agreement as of the Execution Date. EARTHSTONE ENERGY HOLDINGS, LLC By: /s/ Xxxxxx X. Xxxxxxxx Name: Xxxxxx X. Xxxxxxxx Title: President and Chief Executive Officer EARTHSTONE ENERGY, INC. By: /s/ Xxxxxx X. Xxxxxxxx Name: Xxxxxx X. Xxxxxxxx Title: President and Chief Executive Officer
Miscellaneous Interpretation. 16, Section 8 and Exhibit D of the Loan Agreement are expressly incorporated by reference herein. In the event of any direct conflict between the terms of this Note and the terms of the Loan Agreement or any other Loan Document referenced herein, except as to (i) the issue date of this Note, and (ii) the adjustments to conversion set forth in Section 4 hereof, the terms of the Loan Agreement and such other Loan Document shall control.
Miscellaneous Interpretation. In this Agreement:
(a) words in the singular include the plural and vice versa;
(b) the headings of Articles, sections and Appendices are for convenience of reference only and do not form part of this Agreement and shall not affect the construction or interpretation of this Agreement;
Miscellaneous Interpretation. In this Agreement unless the context otherwise requires:
Miscellaneous Interpretation. On and after the Amendment Date, each reference in the Business Combination Agreement to “this Agreement”, “hereunder”, “hereof”, “herein” or words of like import referring to the Business Combination Agreement shall mean and be a reference to the Business Combination Agreement as amended by this Amendment.
Miscellaneous Interpretation. When a reference is made in this Agreement to Articles, Sections, Annexes, Exhibits or Schedules, such reference shall be to an Article, Section, Annex, Exhibit or Schedule to this Agreement unless otherwise indicated. Whenever the words “include,” “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.” Unless the context otherwise requires, (a) “or” is disjunctive but not necessarily exclusive; (b) words in the singular include the plural and vice versa; (c) the words “herein,” “hereof,” “hereby,” “hereunder” and words of similar nature refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited; and (d) the use in this Agreement of a pronoun in reference to a Party hereto includes the masculine, feminine or neuter, as the context may require. The Annex, Schedules and Exhibits attached to this Agreement are deemed to be part of this Agreement and included in any reference to this Agreement. If the date of performance falls on a day that is not a Business Day, then the actual date of performance shall be the next succeeding day that is a Business Day. “Business Day” means a day (other than a Saturday or Sunday) on which commercial banks in Texas are generally open for business. [THE BALANCE OF THIS PAGE IS LEFT INTENTIONALLY BLANK. SIGNATURE PAGE FOLLOWS.] This Agreement is executed the 6th day of October, 2023, to be effective as of the Effective Date. By: Name: Cxxxxxx XxXxxx, Xx. Title: Chief Executive Officer PARTICIPANT
Miscellaneous Interpretation. When a reference is made in this Agreement to Articles, Sections, or Exhibits, such reference will be to an Article, Section, or Exhibit to this Agreement unless otherwise indicated. When a reference is made in this Agreement to a Schedule, such reference will be to a Schedule to the Disclosure Letter. Whenever the words “include,” “includes” or “including” are used in this Agreement, they will be deemed to be followed by the words “without limitation.” Unless the context otherwise requires, (i) “or” is disjunctive but not necessarily exclusive, (ii) words in the singular include the plural and vice versa, (iii) the words “herein,” “hereof,” “hereby,” “hereunder” and words of similar nature refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited, and (iv) the use in this Agreement of a pronoun in reference to a Party hereto includes the masculine, feminine or neuter, as the context may require. The Schedules and Exhibits attached to this Agreement are deemed to be part of this Agreement and included in any reference to this Agreement. If the date of performance falls on a day that is not a Business Day, then the actual date of performance will be the next succeeding day that is a Business Day. [Signature page follows.] The Parties have executed this Agreement as of the Execution Date to be effective as of the Effective Time. FORESTAR PETROLEUM CORPORATION. By: /s/ Xxxxxxx X. Xxxx Name: Xxxxxxx X. Xxxx Title: Chief Financial Officer & Treasurer XX XXXXX, LLC By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Authorized Signatory
Miscellaneous Interpretation. 16, Section 8 and Exhibit D of the Loan Agreement are expressly incorporated by reference herein. In the event of any direct conflict between the terms of this Note and the terms of the Loan Agreement or any other Loan Document referenced herein, except as to (i) the issue date of this Note, (ii) the Principal Amount of this Note, (iii) the interest rate applicable to this Note (due to its determination as of the issue date of a Note in accordance with Section 2 of the Schedule to the Loan Agreement, and (iv) the Conversion Price of this Note (due to its determination as of the issue date of a Note under Sections 1(b) and 1(c), as applicable, of the Schedule to the Loan Agreement), the terms of the Loan Agreement and such other Loan Document shall control.
Miscellaneous Interpretation. Any ambiguity in the Agreement shall be resolved in favor of a meaning that permits the Covered Entity and the Business Associate to comply with HIPAA and the DoD HIPAA Rules.
