Common use of Other Definitional Provisions and References Clause in Contracts

Other Definitional Provisions and References. References in this Agreement to “Articles”, “Sections”, “Annexes”, “Exhibits” or “Schedules” shall be to Articles, Sections, Annexes, Exhibits or Schedules of or to this Agreement unless otherwise specifically provided. Any term defined herein may be used in the singular or plural. “Include”, “includes” and “including” shall be deemed to be followed by “without limitation”. “Or” shall be construed to mean “and/or”. Except as otherwise specified or limited herein, references to any Person include the successors and assigns of such Person. References “from” or “through” any date mean, unless otherwise specified, “from and including” or “through and including”, respectively. No provision of any Loan Documents shall be construed against any party by reason of such party having, or being deemed to have, drafted the provision. Unless otherwise specified herein, the settlement of all payments and fundings hereunder between or among the parties hereto shall be made in lawful money of the United States and in immediately available funds. Time is of the essence for each performance obligation of the Loan Parties under this Agreement and each Loan Document. All amounts used for purposes of financial calculations required to be made herein shall be without duplication. References to any statute or act shall include all related current regulations and all amendments and any successor statutes, acts and regulations. References to any agreement, instrument or document (a) shall include all schedules, exhibits, annexes and other attachments thereto and (b) shall be construed as referring to such agreement, instrument or other document as from time to time amended, amended and restated, restated, supplemented or otherwise modified (subject to any restrictions on such amendments, restatements, supplements or modifications set forth herein or in any other Loan Document). 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. Unless otherwise specified herein Dollar ($) baskets set forth in the representations and warranty, covenants and event of default provisions of this Agreement (and other similar baskets) are calculated as of each date of measurement by the Dollar Equivalent Amount thereof as of such date of measurement. Reference to a Loan Party’s “knowledge” or similar concept means actual knowledge of a senior officer, or knowledge that a senior officer would have obtained if he or she had engaged in good faith and diligent performance of his or her duties, including reasonably specific inquiries of employees or agents and a good faith attempt to ascertain the matter.

Other Definitional Provisions and References. References in this Agreement to “Articles”, “Sections”, “Annexes”, “Exhibits” or “Schedules” shall be to Articles, Sections, Annexes, Exhibits or Schedules of or to this Agreement unless otherwise specifically provided. Any term defined herein may be used in the singular or plural. “Include”, “includes” and “including” shall be deemed to be followed by “without limitation”. “Or” shall be construed to mean “and/or”unless otherwise specifically provided. Except as otherwise specified or limited herein, references to any Person include the successors and assigns of such Person. References “from” or “through” any date mean, unless otherwise specified, “from and including” or “through and including”, respectively. No provision of , and references to “to” or “until” any Loan Documents shall be construed against any party by reason of such party havingdate mean, or being deemed unless otherwise specified, “to have, drafted the provisionbut excluding”. Unless otherwise specified herein, the settlement of all payments and fundings hereunder between or among the parties hereto shall be made in lawful money of the United States and in immediately available funds. Time is of the essence for each performance obligation of the Loan Parties under this Agreement and each Loan Document. All amounts used for purposes of financial calculations required to be made herein shall be without duplication. References Unless otherwise specified herein, references to any statute or act shall include all related current regulations and all amendments and any successor statutes, acts and regulations. References Unless otherwise specified herein, references to any agreement, instrument or document (ai) shall include all schedules, exhibits, annexes and other attachments thereto and (bii) shall be construed as referring to such agreement, instrument or other document as from time to time amended, amended and restated, restated, supplemented or otherwise modified (subject to any restrictions on such amendments, restatements, supplements or modifications set forth herein or in any other Loan Document). Unless otherwise specified herein, any reference herein to any Person shall be construed to include such Person’s permitted successors and assigns. 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. All covenants hereunder shall be given independent effect so that if a particular action or condition is not permitted by any of such covenants, the fact that it would be permitted by an exception to, or otherwise within the limitations of, another covenant shall not avoid the occurrence of an Event of Default if such action is taken or condition exists. In addition, all representations and warranties hereunder shall be given independent effect so that if a particular representation or warranty proves to be incorrect or is breached, the fact that another representation or warranty concerning the same or similar subject matter is correct or is not breached will not affect the incorrectness of a breach of a representation or warranty hereunder. For purposes of this Agreement, a Loan Party will be deemed to have knowledge of a particular fact or other matter if any Loan Party or any officer, director or member of senior management of any Loan Party (or any of their equivalents): (a) is actually aware of such fact or other matter; or (b) a prudent Person would reasonably be expected to discover or otherwise become aware of such fact or other matter in the course of conducting a reasonably comprehensive investigation concerning the existence of such fact or other matter. Unless otherwise specified herein expressly stated, Dollar ($) baskets set forth in the representations and warrantywarranties, covenants and event events of default provisions of this Agreement (and other similar baskets) are calculated as of each date of measurement by the Dollar Equivalent Amount equivalents thereof as of such date of measurement. Reference to Unless otherwise expressly stated, if a Loan Party’s “knowledge” Party may not take an action under this Agreement or similar concept means actual knowledge of a senior officerany other Loan Document, then it may not take that action indirectly, or knowledge take any action assisting or supporting any other Person in taking that a senior officer would action directly or indirectly. “Taking an action indirectly” means taking an action that is not expressly prohibited for the Loan Party but is intended to have obtained if he or she had engaged in good faith and diligent performance of his or her duties, including reasonably specific inquiries of employees or agents and a good faith attempt to ascertain substantially the mattersame effects as the prohibited action.

Other Definitional Provisions and References. References in this Agreement to “Articles”, “Sections”, “Annexes”, “Exhibits” or “Schedules” shall be to Articles, Sections, Annexes, Exhibits or Schedules of or to this Agreement unless otherwise specifically provided. Any term defined herein may be used in the singular or plural. “Include”, “includes” and “including” shall be deemed to be followed by “without limitation”. “Or” shall be construed to mean “and/or”. Except as otherwise specified or limited herein, references to any Person include the successors and assigns of such Person. References “from” or “through” any date mean, unless otherwise specified, “from and including” or “through and including”, respectively. No provision of any Loan Documents shall be construed against any party by reason of such party having, or being deemed to have, drafted the provision. Unless otherwise specified herein, the settlement of all payments and fundings hereunder between or among the parties hereto shall be made in lawful money of the United States and in immediately available funds. Time is of the essence for each performance obligation of the Loan Parties Issuer under this Agreement and each Loan Financing Document. All amounts used for purposes of financial calculations required to be made herein shall be without duplication. References to any statute or act shall include all related current regulations and all amendments and any successor statutes, acts and regulations. References to any statute or act, without additional reference, shall be deemed to refer to federal statutes and acts of the United States. References to any agreement, instrument or document (a) shall include all schedules, exhibits, annexes and other attachments thereto and (b) shall be construed as referring to such agreement, instrument or other document as from time to time amended, amended and restated, restated, supplemented or thereto. Unless otherwise modified (subject to any restrictions on such amendments, restatements, supplements or modifications set forth expressly provided herein or in any other Loan Financing Document). The words “asset” , references to agreements and “property” other contractual instruments, including this Agreement and the other Financing Documents, shall be construed deemed to have include all subsequent amendments, thereto, restatements and substitutions thereof and other modifications and supplements thereto which are in effect from time to time, but only to the same meaning extent such amendments and effect and to refer other modifications are not prohibited by the terms of any Financing Document. References to any statute or regulation may be made by using either the common or public name thereof or a specific cite reference and, except as otherwise provided with respect to FATCA, are to be construed as including all statutory and all tangible and intangible assets and propertiesregulatory provisions related thereto or consolidating, including cashamending, securitiesreplacing, accounts and contract rights. Unless otherwise specified herein Dollar ($) baskets set forth in supplementing or interpreting the representations and warranty, covenants and event of default provisions of this Agreement (and other similar baskets) are calculated as of each date of measurement by the Dollar Equivalent Amount thereof as of such date of measurement. Reference to a Loan Party’s “knowledge” statute or similar concept means actual knowledge of a senior officer, or knowledge that a senior officer would have obtained if he or she had engaged in good faith and diligent performance of his or her duties, including reasonably specific inquiries of employees or agents and a good faith attempt to ascertain the matterregulation.

Other Definitional Provisions and References. References in this Agreement to “Articles”"Sections", “Sections”"Annexes", “Annexes”"Exhibits", “Exhibits” "Appendices" or “"Schedules” " shall be to Articles, Sections, Annexes, Exhibits Exhibits, Appendices or Schedules of or to this Agreement unless otherwise specifically provided. Any term defined herein may be used in the singular or plural. “"Include”", “"includes” " and “"including” " shall be deemed to be followed by “"without limitation”. “Or” shall be construed to mean “and/or”. ." Except as otherwise specified or limited herein, references to any Person include the successors and assigns of such Person. References “The references "from” " or “"through” " any date mean, unless otherwise specified, “"from and including” " or “"through and including”, ," respectively. No provision References in any Loan Document to the knowledge (or an analogous phrase) of any Loan Documents shall be construed against any party by reason Party are intended to signify that such Loan Party has actual knowledge or awareness of a particular fact or circumstance or that such Loan Party, if it had exercised reasonable diligence, would have known or been aware of such party having, fact or being deemed to have, drafted the provisioncircumstance. Unless otherwise specified herein, the settlement of all payments and fundings hereunder between or among the parties hereto shall be made in lawful money of the United States and in immediately available funds. Time is of the essence for in Bxxxxxxx's and each other Loan Party's performance obligation of the Loan Parties under this Agreement and each all other Loan DocumentDocuments. All amounts used for purposes of financial calculations required to be made herein shall be without duplication. References Except as otherwise specified or limited herein, references to any statute or act shall include all related current regulations regulations, rules and orders and all amendments and supplements and any successor or replacement statutes, acts and regulations. References to any statute or act, without additional reference, shall be deemed to refer to federal statutes and acts of the United States. References to any agreement, instrument or document (aincluding the Loan Documents and any Organizational Document) shall include all schedules, exhibits, annexes annexes, appendices and other attachments thereto and (b) shall be construed as referring to such agreement, instrument or other document as from time to time amended, amended and restated, modified, extended, restated, replaced or supplemented or otherwise modified (subject to any restrictions on such amendments, amendments and restatements, modifications, extensions, restatements, replacements and supplements or modifications set forth herein or in any other Loan Document). 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. Unless otherwise specified herein Dollar ($) baskets set forth in the representations and warranty, covenants and event of default provisions of this Agreement (and other similar baskets) are calculated as of each date of measurement by the Dollar Equivalent Amount thereof as of such date of measurement. Reference to a Loan Party’s “knowledge” or similar concept means actual knowledge of a senior officer, or knowledge that a senior officer would have obtained if he or she had engaged in good faith and diligent performance of his or her duties, including reasonably specific inquiries of employees or agents and a good faith attempt to ascertain the matter.

Other Definitional Provisions and References. References in this Agreement to “Articles”, “Sections”, “Annexes”, “Exhibits”, “Appendices” or “Schedules” shall be to Articles, Sections, Annexes, Exhibits Exhibits, Appendices or Schedules of or to this Agreement unless otherwise specifically provided. Any term defined herein may be used in the singular or plural. “Include”, “includes” and “including” shall be deemed to be followed by “without limitation”. “Or.” shall be construed to mean “and/or”. Except as otherwise specified or limited herein, references to any Person include the successors and assigns of such Person. References The references “from” or “through” any date mean, unless otherwise specified, “from and including” or “through and including”, ,” respectively. No provision References in any Loan Document to the knowledge (or an analogous phrase) of any Loan Documents shall be construed against any party by reason Party are intended to signify that such Loan Party has actual knowledge or awareness of a particular fact or circumstance or that such Loan Party, if it had exercised reasonable diligence, would have known or been aware of such party having, fact or being deemed to have, drafted the provisioncircumstance. Unless otherwise specified herein, the settlement of all payments and fundings hereunder between or among the parties hereto shall be made in lawful money of the United States and in immediately available funds. Time is of the essence for in Xxxxxxxx’s and each other Loan Party’s performance obligation of the Loan Parties under this Agreement and each all other Loan DocumentDocuments. All amounts used for purposes of financial calculations required to be made herein shall be without duplication. References Except as otherwise specified or limited herein, references to any statute or act shall include all related current regulations regulations, rules and orders and all amendments and supplements and any successor or replacement statutes, acts and regulations. References to any statute or act, without additional reference, shall be deemed to refer to federal statutes and acts of the United States. References to any agreement, instrument or document (aincluding the Loan Documents and any Organizational Document) shall include all schedules, exhibits, annexes annexes, appendices and other attachments thereto and (b) shall be construed as referring to such agreement, instrument or other document as from time to time amended, amended and restated, modified, extended, restated, replaced or supplemented or otherwise modified (subject to any restrictions on such amendments, amendments and restatements, modifications, extensions, restatements, replacements and supplements or modifications set forth herein or in any other Loan Document). 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. Unless otherwise specified herein Dollar ($) baskets set forth in the representations and warranty, covenants and event of default provisions of this Agreement (and other similar baskets) are calculated as of each date of measurement by the Dollar Equivalent Amount thereof as of such date of measurement. Reference to a Loan Party’s “knowledge” or similar concept means actual knowledge of a senior officer, or knowledge that a senior officer would have obtained if he or she had engaged in good faith and diligent performance of his or her duties, including reasonably specific inquiries of employees or agents and a good faith attempt to ascertain the matter.

Other Definitional Provisions and References. References in this Agreement to “Articles”, “Sections”, “Annexes”, “Exhibits” or “Schedules” shall be to Articles, Sections, Annexes, Exhibits or Schedules of or to this Agreement unless otherwise specifically provided. Any term defined herein may be used in the singular or plural. “Include”, “includes” and “including” shall be deemed to be followed by “without limitation”. “Or” shall be construed to mean “and/or”. Except as otherwise specified or limited herein, references to any Person include the successors and assigns of such Person. References “from” or “through” any date mean, unless otherwise specified, “from and including” or “through and including”, respectively. No provision of any Loan Documents shall be construed against any party by reason of such party having, or being deemed to have, drafted the provision. Unless otherwise specified herein, the settlement of all payments and fundings hereunder between or among the parties hereto shall be made in lawful money of the United States and in immediately available funds. Time is of the essence for each performance obligation of the Loan Parties each Credit Party under this Agreement and each Loan Financing Document. All amounts used for purposes of financial calculations required to be made herein shall be without duplication. References to any statute or act shall include all related current regulations and all amendments and any successor statutes, acts and regulations. References to any statute or act, without additional reference, shall be deemed to refer to federal statutes and acts of the United States. References to any agreement, instrument or document (a) shall include all schedules, exhibits, annexes and other attachments thereto and (b) shall be construed as referring to such agreement, instrument or other document as from time to time amended, amended and restated, restated, supplemented or thereto. Unless otherwise modified (subject to any restrictions on such amendments, restatements, supplements or modifications set forth expressly provided herein or in any other Loan Financing Document). The words “asset” , references to agreements and “property” other contractual instruments, including this Agreement and the other Financing Documents, shall be construed deemed to have include all subsequent amendments, thereto, restatements and substitutions thereof and other modifications and supplements thereto which are in effect from time to time, but only to the same meaning extent such amendments and effect and to refer other modifications are not prohibited by the terms of any Financing Document. References to any statute or regulation may be made by using either the common or public name thereof or a specific cite reference and, except as otherwise provided with respect to FATCA, are to be construed as including all statutory and all tangible and intangible assets and propertiesregulatory provisions related thereto or consolidating, including cashamending, securitiesreplacing, accounts and contract rights. Unless otherwise specified herein Dollar ($) baskets set forth in supplementing or interpreting the representations and warranty, covenants and event of default provisions of this Agreement (and other similar baskets) are calculated as of each date of measurement by the Dollar Equivalent Amount thereof as of such date of measurement. Reference to a Loan Party’s “knowledge” statute or similar concept means actual knowledge of a senior officer, or knowledge that a senior officer would have obtained if he or she had engaged in good faith and diligent performance of his or her duties, including reasonably specific inquiries of employees or agents and a good faith attempt to ascertain the matterregulation.

Other Definitional Provisions and References. References in this Agreement to “Articles”"Sections", “Sections”"Annexes", “Annexes”"Exhibits", “Exhibits” "Appendices" or “"Schedules” " shall be to Articles, Sections, Annexes, Exhibits Exhibits, Appendices or Schedules of or to this Agreement unless otherwise specifically provided. Any term defined herein may be used in the singular or plural. “"Include”", “"includes” " and “"including” " shall be deemed to be followed by “"without limitation”. “Or” shall be construed to mean “and/or”. ." Except as otherwise specified or limited herein, references to any Person include the successors and assigns of such Person. References “The references "from” " or “"through” " any date mean, unless otherwise specified, “"from and including” " or “"through and including”, ," respectively. No provision References in any Loan Document to the knowledge (or an analogous phrase) of any Loan Documents shall be construed against any party by reason Party are intended to signify that such Loan Party has actual knowledge or awareness of a particular fact or circumstance or that such Loan Party, if it had exercised reasonable diligence, would have known or been aware of such party having, fact or being deemed to have, drafted the provisioncircumstance. Unless otherwise specified herein, the settlement of all payments and fundings hereunder between or among the parties hereto shall be made in lawful money of the United States and in immediately available funds. Time is of the essence for in Borrower's and each other Loan Party's performance obligation of the Loan Parties under this Agreement and each all other Loan DocumentDocuments. All amounts used for purposes of financial calculations required to be made herein shall be without duplication. References Except as otherwise specified or limited herein, references to any statute or act shall include all related current regulations regulations, rules and orders and all amendments and supplements and any successor or replacement statutes, acts and regulations. References to any statute or act, without additional reference, shall be deemed to refer to federal statutes and acts of the United States. References to any agreement, instrument or document (aincluding the Loan Documents and any Organizational Document) shall include all schedules, exhibits, annexes annexes, appendices and other attachments thereto and (b) shall be construed as referring to such agreement, instrument or other document as from time to time amended, amended and SMRH:0000-0000-0000.14 -2- restated, modified, extended, restated, replaced or supplemented or otherwise modified (subject to any restrictions on such amendments, amendments and restatements, modifications, extensions, restatements, replacements and supplements or modifications set forth herein or in any other Loan Document). 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. Unless otherwise specified herein Dollar ($) baskets set forth in the representations and warranty, covenants and event of default provisions of this Agreement (and other similar baskets) are calculated as of each date of measurement by the Dollar Equivalent Amount thereof as of such date of measurement. Reference to a Loan Party’s “knowledge” or similar concept means actual knowledge of a senior officer, or knowledge that a senior officer would have obtained if he or she had engaged in good faith and diligent performance of his or her duties, including reasonably specific inquiries of employees or agents and a good faith attempt to ascertain the matter.

Other Definitional Provisions and References. References in this Agreement to “Articles”, “Sections”, “Annexes”, “Exhibits”, “Appendices” or “Schedules” shall be to Articles, Sections, Annexes, Exhibits Exhibits, Appendices or Schedules of or to this Agreement unless otherwise specifically provided. Any term defined herein may be used in the singular or plural. “Include”, “includes” and “including” shall be deemed to be followed by “without limitation”. “Or.” shall be construed to mean “and/or”. Except as otherwise specified or limited herein, references to any Person include the successors and assigns of such Person. References The references “from” or “through” any date mean, unless otherwise specified, “from and including” or “through and including”, ,” respectively. No provision References in any Loan Document to the knowledge (or an analogous phrase) of any Loan Documents shall be construed against any party by reason Party are intended to signify that such Loan Party has actual knowledge or awareness of such party having, a particular fact or being deemed to have, drafted the provisioncircumstance after due inquiry. Unless otherwise specified herein, the settlement of all payments and fundings hereunder between or among the parties hereto shall be made in lawful money of the United States and in immediately available funds. Time is of the essence for in Xxxxxxxx’s and each other Loan Party’s performance obligation of the Loan Parties under this Agreement and each all other Loan DocumentDocuments. All amounts used for purposes of financial calculations required to be made herein shall be without duplication. References Except as otherwise specified or limited herein, references to any statute or act shall include all related current regulations regulations, rules and orders and all amendments and supplements and any successor or replacement statutes, acts and regulations. References to any statute or act, without additional reference, shall be deemed to refer to federal statutes and acts of the United States. References to any agreement, instrument or document (aincluding the Loan Documents and any Organizational Document) shall include all schedules, exhibits, annexes annexes, appendices and other attachments thereto and (b) shall be construed as referring to such agreement, instrument or other document as from time to time amended, amended and restated, modified, extended, restated, replaced or supplemented or otherwise modified (subject to any restrictions on such amendments, amendments and restatements, modifications, extensions, restatements, replacements and supplements or modifications set forth herein or in any other Loan Document). 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. Unless otherwise specified herein Dollar ($) baskets set forth in the representations and warranty, covenants and event of default provisions of this Agreement (and other similar baskets) are calculated as of each date of measurement by the Dollar Equivalent Amount thereof as of such date of measurement. Reference to a Loan Party’s “knowledge” or similar concept means actual knowledge of a senior officer, or knowledge that a senior officer would have obtained if he or she had engaged in good faith and diligent performance of his or her duties, including reasonably specific inquiries of employees or agents and a good faith attempt to ascertain the matter.

Other Definitional Provisions and References. References in this Agreement to “Articles”"Sections", “Sections”"Annexes", “Annexes”"Exhibits", “Exhibits” "Appendices" or “"Schedules” " shall be to Articles, Sections, Annexes, Exhibits Exhibits, Appendices or Schedules of or to this Agreement unless otherwise specifically provided. Any term defined herein may be used in the singular or plural. “"Include”", “"includes” " and “"including” " shall be deemed to be followed by “"without limitation”. “Or” shall be construed to mean “and/or”. ." Except as otherwise specified or limited herein, references to any Person include the successors and assigns of such Person. References “The references "from” " or “"through” " any date mean, unless otherwise specified, “"from and including” " or “"through and including”, ," respectively. No provision References in any Loan Document to the knowledge (or an analogous phrase) of any Loan Documents shall be construed against any party by reason Party are intended to signify that such Loan Party has actual knowledge or awareness of a particular fact or circumstance or that such Loan Party, if it had exercised reasonable diligence, would have known or been aware of such party having, fact or being deemed to have, drafted the provisioncircumstance. Unless otherwise specified herein, the settlement of all payments and fundings hereunder between or among the parties hereto shall be made in lawful money of the United States and in immediately available funds. Time is of the essence for in Xxxxxxxx's and each other Loan Party's performance obligation of the Loan Parties under this Agreement and each all other Loan DocumentDocuments. All amounts used for purposes of financial calculations required to be made herein shall be without duplication. References Except as otherwise specified or limited herein, references to any statute or act shall include all related current regulations regulations, rules and orders and all amendments and supplements and any successor or replacement statutes, acts and regulations. References to any statute or act, without additional reference, shall be deemed to refer to federal statutes and acts of the United States. References to any agreement, instrument or document (aincluding the Loan Documents and any Organizational Document) shall include all schedules, exhibits, annexes annexes, appendices and other attachments thereto and (b) shall be construed as referring to such agreement, instrument or other document as from time to time amended, amended and restated, modified, extended, restated, replaced or supplemented or otherwise modified (subject to any restrictions on such amendments, amendments and restatements, modifications, extensions, restatements, replacements and supplements or modifications set forth herein or in any other Loan Document). 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. Unless otherwise specified herein Dollar ($) baskets set forth in the representations and warranty, covenants and event of default provisions of this Agreement (and other similar baskets) are calculated as of each date of measurement by the Dollar Equivalent Amount thereof as of such date of measurement. Reference to a Loan Party’s “knowledge” or similar concept means actual knowledge of a senior officer, or knowledge that a senior officer would have obtained if he or she had engaged in good faith and diligent performance of his or her duties, including reasonably specific inquiries of employees or agents and a good faith attempt to ascertain the matter.

Other Definitional Provisions and References. References in this Agreement to “Articles”, “Sections”, “Annexes”, “Exhibits”, “Appendices” or “Schedules” shall be to Articles, Sections, Annexes, Exhibits Exhibits, Appendices or Schedules of or to this Agreement unless otherwise specifically provided. Any term defined herein may be used in the singular or plural. “Include”, “includes” and “including” shall be deemed to be followed by “without limitation”. “Or.” shall be construed to mean “and/or”. Except as otherwise specified or limited herein, references to any Person include the successors and assigns of such Person. References The references “from” or “through” any date mean, unless otherwise specified, “from and including” or “through and including”, ,” respectively. No provision References in any Loan Document to the knowledge (or an analogous phrase) of any Loan Documents shall be construed against any party by reason Party are intended to signify that such Loan Party has actual knowledge or awareness of a particular fact or circumstance or that such Loan Party, if it had exercised reasonable diligence, would have known or been aware of such party having, fact or being deemed to have, drafted the provisioncircumstance. Unless otherwise specified herein, the settlement of all payments and fundings hereunder between or among the parties hereto shall be made in lawful money of the United States and in immediately available funds. Time is of the essence for in Xxxxxxxx’s and each other Loan Party’s performance obligation of the Loan Parties under this Agreement and each all other Loan DocumentDocuments. All amounts used for purposes of financial calculations required to be made herein shall be without duplication. References Except as otherwise specified or limited herein, references to any statute or act shall include all related current regulations regulations, rules and orders and all amendments and supplements and any successor or replacement statutes, acts and regulations. References to any statute or act, without additional reference, shall be deemed to refer to federal statutes and acts of the United States. References to any agreement, instrument or document (aincluding the Loan Documents and any Organizational Document) shall include all schedules, exhibits, annexes annexes, appendices and other attachments thereto and (b) shall be construed as referring to such agreement, instrument or other document as from time to time amended, amended and restated, modified, extended, 53/Mammoth – Credit Agreement restated, replaced or supplemented or otherwise modified (subject to any restrictions on such amendments, amendments and restatements, modifications, extensions, restatements, replacements and supplements or modifications set forth herein or in any other Loan Document). 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. Unless otherwise specified herein Dollar ($) baskets set forth in the representations and warranty, covenants and event of default provisions of this Agreement (and other similar baskets) are calculated as of each date of measurement by the Dollar Equivalent Amount thereof as of such date of measurement. Reference to a Loan Party’s “knowledge” or similar concept means actual knowledge of a senior officer, or knowledge that a senior officer would have obtained if he or she had engaged in good faith and diligent performance of his or her duties, including reasonably specific inquiries of employees or agents and a good faith attempt to ascertain the matter.

Other Definitional Provisions and References. References in this Agreement to “Articles”, “Sections”, “Annexes”, “ExhibitsAppendices” or “Schedules” shall be to Articles, Sections, Annexes, Exhibits Appendices or Schedules of or to this Agreement unless otherwise specifically provided. Any term defined herein may be used in the singular or plural. “Include”, “includes” and “including” shall be deemed to be followed by “without limitation”. “Or.” shall be construed to mean “and/or”. Except as otherwise specified or limited herein, references to any Person include the successors and assigns of such Person. References The references “from” or “through” any date mean, unless otherwise specified, “from and including” or “through and including”, ,” respectively. No provision References in any Loan Document to the knowledge (or an analogous phrase) of any Loan Documents shall be construed against any party by reason Party are intended to signify that an officer of such party havingLoan Party has actual knowledge or awareness of a particular fact or circumstance or that such officer of such Loan Party, if such Person had exercised reasonable diligence, would have known or being deemed to have, drafted the provisionbeen aware of such fact or circumstance. Unless otherwise specified herein, the settlement of all payments and fundings hereunder between or among the parties hereto shall be made in lawful money of the United States and in immediately available funds. Time is of the essence for in Xxxxxxxx’s and each other Loan Party’s performance obligation of the Loan Parties under this Agreement and each all other Loan DocumentDocuments. All amounts used for purposes of financial calculations required to be made herein shall be without duplication. References Except as otherwise specified or limited herein, references to any statute or act shall include all related current regulations regulations, rules and orders and all amendments and supplements and any successor or replacement statutes, acts and regulations. References to any statute or act, without additional reference, shall be deemed to refer to federal statutes and acts of the United States. References to any agreement, instrument or document (aincluding the Loan Documents and any Organizational Document) shall include all schedules, exhibits, annexes annexes, appendices and other attachments thereto and (b) shall be construed as referring to such agreement, instrument or other document as from time to time amended, amended and restated, modified, extended, restated, replaced or supplemented or otherwise modified (subject to any restrictions on such amendments, amendments and restatements, modifications, extensions, restatements, replacements and supplements or modifications set forth herein or in any other Loan Document). 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. Unless otherwise specified herein Dollar ($) baskets set forth in the representations and warranty, covenants and event of default provisions of this Agreement (and other similar baskets) are calculated as of each date of measurement by the Dollar Equivalent Amount thereof as of such date of measurement. Reference to a Loan Party’s “knowledge” or similar concept means actual knowledge of a senior officer, or knowledge that a senior officer would have obtained if he or she had engaged in good faith and diligent performance of his or her duties, including reasonably specific inquiries of employees or agents and a good faith attempt to ascertain the matter.

Other Definitional Provisions and References. References in this Agreement to “Articles”, “Sections”, “Annexes”, “ExhibitsAppendices” or “Schedules” shall be to Articles, Sections, Annexes, Exhibits Appendices or Schedules of or to this Agreement unless otherwise specifically provided. Any term defined herein may be used in the singular or plural. “Include”, “includes” and “including” shall be deemed to be followed by “without limitation”. “Or.” shall be construed to mean “and/or”. Except as otherwise specified or limited herein, references to any Person include the successors and assigns of such Person. References The references “from” or “through” any date mean, unless otherwise specified, “from and including” or “through and including”, ,” respectively. No provision References in any Loan Document to the knowledge (or an analogous phrase) of any Loan Documents shall be construed against any party by reason Party are intended to signify that such Loan Party has actual knowledge or awareness of a particular fact or circumstance or that such Loan Party, if it had exercised reasonable diligence, would have known or been aware of such party having, fact or being deemed to have, drafted the provisioncircumstance. Unless otherwise specified herein, the settlement of all payments and fundings hereunder between or among the parties hereto shall be made in lawful money of the United States and in immediately available funds. Time is of the essence for in Xxxxxxxx’s and each other Loan Party’s performance obligation of the Loan Parties under this Agreement and each all other Loan DocumentDocuments. All amounts used for purposes of financial calculations required to be made herein shall be without duplication. References Except as otherwise specified or limited herein, references to any statute or act shall include all related current regulations regulations, rules and orders and all amendments and supplements and any successor or replacement statutes, acts and regulations. References to any statute or act, without additional reference, shall be deemed to refer to federal statutes and acts of the United States. References to any agreement, instrument or document (aincluding the Loan Documents and any Organizational Document) shall include all schedules, exhibits, annexes annexes, appendices and other attachments thereto and (b) shall be construed as referring to such agreement, instrument or other document as from time to time amended, amended and restated, modified, extended, restated, replaced or supplemented or otherwise modified (subject to any restrictions on such amendments, amendments and restatements, modifications, extensions, restatements, replacements and supplements or modifications set forth herein or in any other Loan Document). 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. Unless otherwise specified herein Dollar ($) baskets set forth in the representations and warranty, covenants and event of default provisions of this Agreement (and other similar baskets) are calculated as of each date of measurement by the Dollar Equivalent Amount thereof as of such date of measurement. Reference to a Loan Party’s “knowledge” or similar concept means actual knowledge of a senior officer, or knowledge that a senior officer would have obtained if he or she had engaged in good faith and diligent performance of his or her duties, including reasonably specific inquiries of employees or agents and a good faith attempt to ascertain the matter.