Common use of Other Definitional Provisions; Interpretation Clause in Contracts

Other Definitional Provisions; Interpretation. (a) Unless otherwise specified therein, all terms defined in this Agreement shall have the defined meanings when used in any other Loan Document or any certificate or other document made or delivered pursuant hereto or thereto. (b) Without limiting Section 1.3, as used herein and in any other Loan Document, and any certificate or other document made or delivered pursuant hereto or thereto, accounting terms relating to Kimco and its Subsidiaries not defined in Section 1.1 and accounting terms partly defined in Section 1.1, to the extent not defined, shall have the respective meanings given to them under GAAP. (c) The words “hereof”, “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Article, Section, Schedule and Exhibit references are to this Agreement unless otherwise specified. (d) The meanings given to terms defined herein shall be equally applicable to both the singular and plural forms of such terms. (e) Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. (f) The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. (g) The word “will” shall be construed to have the same meaning and effect as the word “shall”. (h) Unless the context requires otherwise (i) any definition of or reference to any agreement, instrument or other document herein 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, and (iii) 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.

Other Definitional Provisions; Interpretation. (a) Unless otherwise specified therein, all terms defined The table of contents and headings preceding the text of articles and sections included in this Agreement and the headings to schedules and exhibits attached to this Agreement are for convenience only and shall not be deemed part of this Agreement or be given any effect in interpreting this Agreement. All exhibits and schedules annexed hereto or referred to herein are hereby incorporated in and made a part of this Agreement as if set forth in full herein. The use of the masculine, feminine or neuter gender or the singular or plural form of words herein shall not limit any provision of this Agreement. The terms as set forth in this Agreement have been arrived at after mutual negotiation with the defined meanings when used advice of counsel and, therefore, it is the intention of the parties hereto that its terms may not be construed against any of the parties hereto by reason of the fact that it was prepared by one of the parties hereto. Reference to any Person includes such Person’s successors (including by operation of law) and assigns to the extent such successors and assigns are permitted by the terms of any applicable agreement, and reference to a Person in a particular capacity excludes such Person in any other Loan Document capacity or individually. Reference to any certificate agreement (including this Agreement), document or other instrument means such agreement, document made or delivered pursuant hereto instrument as amended or thereto. (b) Without limiting Section 1.3, as used herein modified and in any other Loan Documenteffect from time to time in accordance with the terms thereof and, and any certificate if applicable, the terms hereof. All references to “Section,” “Sections,” “Article,” “Articles,” “Exhibit” or other document made or delivered pursuant hereto or thereto, accounting terms relating to Kimco and its Subsidiaries not defined in Section 1.1 and accounting terms partly defined in Section 1.1, “Exhibits” refer to the extent not definedcorresponding Section, Sections, Article, Articles, Exhibit or Exhibits of this Agreement. The word “including” shall have the respective meanings given to them under GAAPmean “including without limitation. (c) ” The words “hereof”, ,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Article, Section, Schedule and Exhibit references are . “Extent” in the phrase to this Agreement unless otherwise specified. (d) The meanings given “to terms defined herein shall be equally applicable to both the singular and plural forms of such terms. (e) Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. (f) The words “include”, “includes” and “includingextent” shall be deemed mean the degree to be followed by the phrase which a subject or other item extends and shall not simply mean “without limitationif”. (g) . The word “willor” shall be construed to have is used in the same meaning and effect as the word inclusive sense of “shalland/or”. (h) Unless the context requires otherwise (i) any definition of or reference . All references to any agreement, instrument or other document herein shall be construed Law means such Law as referring to such agreement, instrument or other document as amended from time to time amended, supplemented or otherwise modified (subject to and shall include any restrictions on such amendments, supplements or modifications set forth herein), (ii) successor legislation thereto and any reference herein to any Person shall be construed to include such Person’s successors rules and assigns, and (iii) 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 rightsregulations promulgated therein.

Other Definitional Provisions; Interpretation. (a) Unless otherwise specified therein, all terms defined in this Agreement shall have the defined meanings when used in any other Loan Document or any certificate or other document made or delivered pursuant hereto or thereto. (b) Without limiting Section 1.3, as used herein and in any other Loan Document, and any certificate or other document made or delivered pursuant hereto or thereto, accounting terms relating to Kimco and its Subsidiaries not defined in Section 1.1 and accounting terms partly defined in Section 1.1, to the extent not defined, shall have the respective meanings given to them under GAAP. (c) The words “"hereof”", “"herein” " and “"hereunder” " and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Article, Section, Schedule and Exhibit references are to this Agreement unless otherwise specified. (d) The meanings given to terms defined herein shall be equally applicable to both the singular and plural forms of such terms. (e) Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. (f) The words “"include”", “"includes” " and “"including” " shall be deemed to be followed by the phrase “"without limitation”". (g) The word “"will” " shall be construed to have the same meaning and effect as the word “"shall”". (h) Unless the context requires otherwise (i) any definition of or reference to any agreement, instrument or other document herein shall be construed as referring to such agreement, instrument or other document as from time to time amended, waived, 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 's successors and assigns, and (iii) 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.