Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture shall have the defined meanings when used in any document delivered pursuant thereto unless otherwise defined therein. For purposes of this Indenture, unless the context otherwise requires: (a) accounting terms not otherwise defined herein and accounting terms partly defined herein to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the fiscal calendar of General Electric Company; (b) unless defined in this Indenture or the context otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term in the UCC; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture as a whole and not to any particular provision of this Indenture; (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Indenture, and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (i) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (j) references to any Person include that Person’s successors and assigns; (k) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 18 contracts
Samples: Indenture (GE TF Trust), Indenture (GE TF Trust), Indenture (GE TF Trust)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture the Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of the Agreement (including this IndentureAnnex A) and all certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in the Agreement, and accounting terms partly defined herein in the Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesGAAP; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the GE Capital fiscal calendar of General Electric Companycalendar; (b) unless terms defined in this Indenture or Article 9 of the context UCC and not otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term Agreement are used as defined in the UCCthat Article; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture such Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this Indenturesuch Agreement (or such certificate or document); (e) references to any Section, Schedule Schedule, Annex or Exhibit are references to Sections, Schedules Schedules, Annexes and Exhibits in or to this Indenturesuch Agreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (ji) references to any Person include that Person’s successors and assigns; and (kj) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 11 contracts
Samples: Servicing Agreement (GE TF Trust), Servicing Agreement (GE TF Trust), Servicing Agreement (GE TF Trust)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture the Sale Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of the Sale Agreement (including in this IndentureAnnex A) and all related certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in such Agreement, and accounting terms partly defined herein in such Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the GE Capital’s fiscal calendar of General Electric Companycalendar; (b) unless terms defined in this Indenture or Article 9 of the context UCC and not otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term Agreement are used as defined in the UCCthat Article; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture such Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this Indenturesuch Agreement (or such certificate or document); (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Indenturesuch Agreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (ji) references to any Person include that Person’s successors and assigns; and (kj) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 10 contracts
Samples: Receivables Sale Agreement (GE TF Trust), Receivables Sale Agreement (GE TF Trust), Receivables Sale Agreement (GE Equipment Transportation LLC, Series 2014-1)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture the Purchase and Sale Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of the Purchase and Sale Agreement (including in this IndentureAnnex A) and all related certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in such Agreement, and accounting terms partly defined herein in such Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the GE Capital’s fiscal calendar of General Electric Companycalendar; (b) unless terms defined in this Indenture or Article 9 of the context UCC and not otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term Agreement are used as defined in the UCCthat Article; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture such Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this Indenturesuch Agreement (or such certificate or document); (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Indenturesuch Agreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (ji) references to any Person include that Person’s successors and assigns; and (kj) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 9 contracts
Samples: Receivables Purchase and Sale Agreement (GE Equipment Transportation LLC, Series 2014-1), Receivables Purchase and Sale Agreement (GE Equipment Transportation LLC, Series 2014-1), Receivables Purchase and Sale Agreement (GE Equipment Transportation LLC, Series 2013-2)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture the Removal and Clean-Up Call Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of the Removal and Clean-Up Call Agreement (including in this IndentureAnnex A) and all related certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in such Agreement, and accounting terms partly defined herein in such Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the GE Capital’s fiscal calendar of General Electric Companycalendar; (b) unless terms defined in this Indenture or Article 9 of the context UCC and not otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term Agreement are used as defined in the UCCthat Article; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture such Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this Indenturesuch Agreement (or such certificate or document); (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Indenturesuch Agreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (ji) references to any Person include that Person’s successors and assigns; and (kj) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 8 contracts
Samples: Limited Removal and Clean Up Call Agreement (GE TF Trust), Limited Removal and Clean Up Call Agreement (GE TF Trust), Limited Removal and Clean Up Call Agreement (GE TF Trust)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture the Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of the Agreement (including this IndentureAnnex A) and all certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in the Agreement, and accounting terms partly defined herein in the Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesGAAP; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the GE Capital’s fiscal calendar of General Electric Companycalendar; (b) unless terms defined in this Indenture or Article 9 of the context UCC and not otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term Agreement are used as defined in the UCCthat Article; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture such Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this Indenturesuch Agreement (or such certificate or document); (e) references to any Section, Schedule Schedule, Annex or Exhibit are references to Sections, Schedules Schedules, Annexes and Exhibits in or to this Indenturesuch Agreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (ji) references to any Person include that Person’s successors and assigns; and (kj) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 4 contracts
Samples: Servicing Agreement (GE Equipment Midticket LLC, Series 2012-1), Servicing Agreement (GE Equipment Midticket LLC, Series 2012-1), Servicing Agreement (GE Equipment Midticket LLC, Series 2011-1)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture the Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of the Agreement (including this IndentureAnnex A) and all certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in the Agreement, and accounting terms partly defined herein in the Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesGAAP; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the GE Capital fiscal calendar of General Electric Companycalendar; (b) unless terms defined in this Indenture or Article 9 of the context UCC and not otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term Agreement are used as defined in the UCCthat Article; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture such Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this Indenturesuch Agreement (or such certificate or document); (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Indenturesuch Agreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (ji) references to any Person include that Person’s successors and assigns; and (kj) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 4 contracts
Samples: Servicing Agreement (Cef Equipment Holding LLC), Servicing Agreement (Cef Equipment Holding LLC), Servicing Agreement (Cef Equipment Holding LLC)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of this IndentureAgreement and all related certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in this Agreement, and accounting terms partly defined herein in this Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesGAAP; and (b) unless otherwise provided, references to any month, quarter or year refer to a fiscal calendar month, quarter or year as determined in accordance with the fiscal calendar of General Electric Companyyear; (bc) unless terms defined in Article 9 of the UCC as in effect in the applicable jurisdiction and not otherwise defined in this Indenture or the context otherwise requires, capitalized terms Agreement are used in this Indenture which are as defined in the UCC shall have the meaning given such term in the UCCthat Article; (cd) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (de) the words “hereof,” ”, “herein” and “hereunder” and words of similar import refer to this Indenture Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this IndentureAgreement (or such certificate or document); (ef) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this IndentureAgreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (fg) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (i) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; and (j) references to any Person include that Person’s successors and permitted assigns; (k) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 4 contracts
Samples: Transfer Agreement (NBCUniversal Media, LLC), Receivables Sale and Contribution Agreement (NBCUniversal Media, LLC), Transfer Agreement (NBCUniversal Media, LLC)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture the Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of the Agreement (including this IndentureAnnex A) and all certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in the Agreement, and accounting terms partly defined herein in the Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesGAAP; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the GE Capital’s fiscal calendar of General Electric Companycalendar; (b) unless terms defined in this Indenture or Article 9 of the context UCC and not otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term Agreement are used as defined in the UCCthat Article; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture such Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this Indenturesuch Agreement (or such certificate or document); (e) references to any Section, Schedule or Schedule, Annex or Exhibit are references to Sections, Schedules Schedules, Annexes and Exhibits in or to this Indenturesuch Agreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (ji) references to any Person include that Person’s successors and assigns; and (kj) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 4 contracts
Samples: Servicing Agreement (GE Equipment Transportation LLC, Series 2012-1), Servicing Agreement (GE Equipment Transportation LLC, Series 2012-1), Servicing Agreement (GE Equipment Transportation LLC, Series 2012-2)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture shall have the defined meanings when used in any document delivered pursuant thereto unless otherwise defined therein. For purposes of this Indenture, unless the context otherwise requires: (a) accounting terms not otherwise defined herein and accounting terms partly defined herein to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the fiscal calendar of General Electric Company; (b) unless defined in this Indenture or the context otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term in the UCC; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture as a whole and not to any particular provision of this Indenture; (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Indenture, and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; , (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (i) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (j) references to any Person include that Person’s successors and assigns; (k) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 4 contracts
Samples: Indenture (GE Equipment Midticket LLC, Series 2011-1), Indenture (GE Equipment Midticket LLC, Series 2011-1), Indenture (GE Equipment Midticket LLC, Series 2012-1)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture Sale Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of this IndentureSale Agreement (including in this Annex A) and all related certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in such Agreement, and accounting terms partly defined herein in such Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the GE Capital’s fiscal calendar of General Electric Companycalendar; (b) unless terms defined in this Indenture or Article 9 of the context UCC and not otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term Agreement are used as defined in the UCCthat Article; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture such Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this Indenturesuch Agreement (or such certificate or document); (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Indenturesuch Agreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (ji) references to any Person include that Person’s successors and assigns; and (kj) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 4 contracts
Samples: Receivables Sale Agreement (GE TF Trust), Receivables Sale Agreement (GE Equipment Midticket LLC, Series 2014-1), Receivables Sale Agreement (GE Equipment Midticket LLC, Series 2013-1)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture the Purchase and Sale Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of the Purchase and Sale Agreement (including in this IndentureAnnex A) and all related certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in such Agreement, and accounting terms partly defined herein in such Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the Seller fiscal calendar of General Electric Companycalendar; (b) unless terms defined in this Indenture or Article 9 of the context UCC and not otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term Agreement are used as defined in the UCCthat Article; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture such Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this Indenturesuch Agreement (or such certificate or document); (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Indenturesuch Agreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (ji) references to any Person include that Person’s successors and assigns; and (kj) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 3 contracts
Samples: Loan Purchase and Sale Agreement (Cef Equipment Holding LLC), Loan Purchase and Sale Agreement (Cef Equipment Holding LLC), Loan Purchase and Sale Agreement (Cef Equipment Holding LLC)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture the Sale Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of the Sale Agreement (including in this IndentureAnnex A) and all related certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in such Agreement, and accounting terms partly defined herein in such Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the GE Capital fiscal calendar of General Electric Companycalendar; (b) unless terms defined in this Indenture or Article 9 of the context UCC and not otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term Agreement are used as defined in the UCCthat Article; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture such Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this Indenturesuch Agreement (or such certificate or document); (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Indenturesuch Agreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (ji) references to any Person include that Person’s successors and assigns; and (kj) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 3 contracts
Samples: Loan Sale Agreement (Cef Equipment Holding LLC), Loan Sale Agreement (Cef Equipment Holding LLC), Loan Sale Agreement (Cef Equipment Holding LLC)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture shall have the defined meanings when used in any document delivered pursuant thereto unless otherwise defined therein. For purposes of this Indenture, unless the context otherwise requires: (a) accounting terms not otherwise defined herein and accounting terms partly defined herein to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the fiscal calendar of General Electric CompanyGECS; (b) unless defined in this Indenture or the context otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term in the UCC; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture as a whole and not to any particular provision of this Indenture; (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Indenture, and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (ji) references to any Person include that Person’s successors and assigns; and (kj) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 3 contracts
Samples: Indenture (Cef Equipment Holding LLC), Indenture (Cef Equipment Holding LLC), Indenture (Cef Equipment Holding LLC)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture the Sale Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of the Sale Agreement (including in this IndentureAnnex A) and all related certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in such Agreement, and accounting terms partly defined herein in such Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the GE Capital’s fiscal calendar of General Electric Companycalendar; (b) unless terms defined in this Indenture or Article 9 of the context UCC and not otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term Agreement are used as defined in the UCCthat Article; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture such Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this Indenturesuch Agreement (or such certificate or document); (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Indenturesuch Agreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (ji) references to any Person include that Person’s successors and assigns; and (kj) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.. Page
Appears in 2 contracts
Samples: Loan Sale Agreement (GE Equipment Transportation LLC, Series 2012-1), Loan Sale Agreement (GE Equipment Transportation LLC, Series 2012-1)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture Agreement shall have the defined meanings when used in any document delivered pursuant thereto unless otherwise defined therein. For purposes of this IndentureAgreement, unless the context otherwise requires: (a) accounting terms not otherwise defined herein and accounting terms partly defined herein to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the GE Capital fiscal calendar of General Electric Companycalendar; (b) unless defined in this Indenture Agreement or the context otherwise requires, capitalized terms used in this Indenture Agreement which are defined in the UCC shall have the meaning given such term in the UCC; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture Agreement as a whole and not to any particular provision of this IndentureAgreement; (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this IndentureAgreement, and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (ji) references to any Person include that Person’s successors and assigns; (kj) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (lk) words in the singular include the plural and words in the plural include the singular.
Appears in 2 contracts
Samples: Trust Agreement (Synchrony Financial), Administration Agreement (Synchrony Financial)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture the Sale Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of the Sale Agreement (including in this IndentureAnnex A) and all related certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in such Agreement, and accounting terms partly defined herein in such Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the GE Capital’s fiscal calendar of General Electric Companycalendar; (b) unless terms defined in this Indenture or Article 9 of the context UCC and not otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term Agreement are used as defined in the UCCthat Article; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture such Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this Indenturesuch Agreement (or such certificate or document); (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Indenturesuch Agreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (ji) references to any Person include that Person’s successors and assigns; and (kj) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.. 10 Annex A to Loan Sale Agreement ARTICLE I DEFINITIONS AND INTERPRETATION
Section 1.1 Definitions 1
Section 1.2 Rules of Construction 1
Appears in 2 contracts
Samples: Loan Sale Agreement (GE Equipment Transportation LLC, Series 2012-2), Loan Sale Agreement (GE Equipment Transportation LLC, Series 2012-2)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture Agreement shall have the defined meanings when used in any document delivered pursuant thereto hereto unless otherwise defined therein. For purposes of this IndentureAgreement, unless the context otherwise requires: (a) accounting terms not otherwise defined herein and accounting terms partly defined herein to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and (b) unless otherwise provided, references to any month, quarter or year refer to a fiscal calendar month, quarter or year as determined in accordance with the fiscal calendar of General Electric Company; (b) unless defined in this Indenture or the context otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term in the UCCyear; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “"hereof,” “" "herein” " and “"hereunder” " and words of similar import refer to this Indenture Agreement as a whole and not to any particular provision of this IndentureAgreement; (e) references to any Sectionsection, Schedule schedule or Exhibit exhibit are references to Sectionssections, Schedules schedules and Exhibits exhibits in or to this IndentureAgreement, and references to any paragraph, subsection, clause or other subdivision within any Section section or definition refer to such paragraph, subsection, clause or other subdivision of such Section section or definition; (f) the term “"including” " means “"including without limitation”"; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; and (ji) references to any Person include that Person’s 's successors and assigns; (k) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 2 contracts
Samples: Administration Agreement (CDF Funding, Inc.), Administration Agreement (CDF Funding, Inc.)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture the Sale Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of the Sale Agreement (including in this IndentureAnnex A) and all related certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in such Agreement, and accounting terms partly defined herein in such Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the GE Capital fiscal calendar of General Electric Companycalendar; (b) unless terms defined in this Indenture or Article 9 of the context UCC and not otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term Agreement are used as defined in the UCCthat Article; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “"hereof,” “" "herein” " and “"hereunder” " and words of similar import refer to this Indenture such Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this Indenturesuch Agreement (or such certificate or document); (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Indenturesuch Agreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “"including” " means “"including without limitation”"; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (ji) references to any Person include that Person’s 's successors and assigns; and (kj) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 2 contracts
Samples: Loan Sale Agreement (GE Equipment Midticket LLC, Series 2006-1), Loan Sale Agreement (Cef Equipment Holding Ge Commerical Equip Fin Series 2004-1)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture the Purchase and Sale Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of the Purchase and Sale Agreement (including in this IndentureAnnex A) and all related certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in such Agreement, and accounting terms partly defined herein in such Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the GE Capital’s fiscal calendar of General Electric Companycalendar; (b) unless terms defined in this Indenture or Article 9 of the context UCC and not otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term Agreement are used as defined in the UCCthat Article; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture such Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this Indenturesuch Agreement (or such certificate or document); (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Indenturesuch Agreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (ji) references to any Person include that Person’s successors and assigns; and (kj) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof.
ARTICLE I DEFINITIONS AND INTERPRETATION 1
Section 1.1 Definitions 1 Section 1.2 Rules of Construction 1
ARTICLE II SALES OF PURCHASER ASSETS 1
Section 2.1 Sale of Loans 1 Section 2.2 Grant of Security Interest; Subordination 2 Section 2.3 Sale Price 4 Section 2.4 Removal and (l) words in Sale of Loans 4 ARTICLE III CONDITIONS PRECEDENT 5 Section 3.1 Conditions to Sale 5 ARTICLE IV REPRESENTATIONS, WARRANTIES AND COVENANTS 6
Section 4.1 Representations and Warranties of the singular include the plural and words in the plural include the singular.Seller 6
Appears in 2 contracts
Samples: Loan Purchase and Sale Agreement (GE Equipment Transportation LLC, Series 2012-1), Loan Purchase and Sale Agreement (GE Equipment Transportation LLC, Series 2012-1)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of this IndentureAgreement and all related certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in this Agreement, and accounting terms partly defined herein in this Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesGAAP; and (b) unless otherwise provided, references to any month, quarter or year refer to a fiscal calendar month, quarter or year as determined in accordance with the fiscal calendar of General Electric Companyyear; (bc) unless terms defined in Article 9 of the UCC as in effect in the applicable jurisdiction and not otherwise defined in this Indenture or the context otherwise requires, capitalized terms Agreement are used in this Indenture which are as defined in the UCC shall have the meaning given such term in the UCCthat Article; (cd) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (de) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this IndentureAgreement (or such certificate or document); (ef) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this IndentureAgreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (fg) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (i) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; and (j) references to any Person include that Person’s successors and permitted assigns; (k) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 2 contracts
Samples: Receivables Purchase and Contribution Agreement (CDF Funding, Inc.), Receivables Sale Agreement (CDF Funding, Inc.)
Other Interpretive Matters. All The terms defined directly or by incorporation in this Indenture shall have the defined meanings when used in any document delivered pursuant thereto unless otherwise defined therein. For purposes of this Indenture, unless the context otherwise requires: (a) accounting terms not otherwise defined herein and accounting terms partly defined herein to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the fiscal calendar of General Electric Company; (b) unless defined in this Indenture or the context otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term in the UCC; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “herein,” “hereof,” “herein” and “hereunder” and other words of similar import refer to this Indenture Agreement as a whole and not to any particular provision section, paragraph, or subdivision. Any pronoun used shall be deemed to cover all genders. In the computation of periods of time from a specified date to a later specified date, the word “from” means “from and including” and the words “to” and “until” each means “to but excluding.” The section titles, table of contents, and list of exhibits appear as a matter of convenience only and shall not affect the interpretation of this IndentureAgreement or any Loan Document. All schedules, exhibits, annexes, and attachments referred to herein are hereby incorporated herein by this reference. All references to (a) statutes and related regulations shall include all related rules and implementing regulations and any amendments of same and any successor statutes, rules, and regulations; (eb) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Indenture, and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means and “including include” shall mean “including, without limitation”,” regardless of whether “without limitation” is included in some instances and not in others (and, for purposes of each Loan Document, the parties agree that the rule of ejusdem generis shall not be applicable to limit a general statement, which is followed by or referable to an enumeration of specific matters to matters similar to the matters specifically mentioned); and (gc) all references to dates and times shall mean the date and time at the Administrative Agent’s notice address determined under Section 10.1, unless otherwise specifically stated. All calculations of value of any law include Property, fundings of Loans, issuances of Letters of Credit and payments of Obligations shall be in Dollars and, unless the regulations promulgated thereunder; context otherwise requires, all determinations (hincluding calculations of Financial Covenants) references to any law or regulation refer to that law or regulation as amended made from time to time and include under the Loan Documents shall be made in light of the circumstances existing at such time. No provision of any successor law Loan Documents shall be construed or regulation; (i) references interpreted to the disadvantage of any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms party hereto by reason of such agreement are party’s having, or being deemed to have, drafted, structured, or dictated such provision. A Default or Event of Default, if one occurs, shall “exist”, “continue” or be “continuing” until such Default or Event of Default, as applicable, has been waived or modified in writing in accordance with its terms; (j) references to any Person include that Person’s successors Section 10.12. All terms used herein which are defined in Article 9 of the UCC and assigns; (k) headings which are for purposes of reference only and shall not otherwise affect defined herein shall have the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singularsame meanings herein as set forth therein.
Appears in 2 contracts
Samples: Credit Agreement (Vulcan Materials CO), Credit Agreement (Vulcan Materials CO)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture shall have the defined meanings when used in any document delivered pursuant thereto unless otherwise defined therein. For purposes of this Indenture, unless the context otherwise requires: (a) accounting terms not otherwise defined herein and accounting terms partly defined herein to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the fiscal calendar of General Electric CompanyGECS; (b) unless defined in this Indenture or the context otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term in the UCC; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “"hereof,” “" "herein” " and “"hereunder” " and words of similar import refer to this Indenture as a whole and not to any particular provision of this Indenture; (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Indenture, and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “"including” " means “"including without limitation”"; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (ji) references to any Person include that Person’s 's successors and assigns; and (kj) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 2 contracts
Samples: Indenture (Cef Equipment Holding LLC), Indenture (Cef Equipment Holding Ge Commerical Equip Fin Series 2004-1)
Other Interpretive Matters. All The terms defined directly or by incorporation in this Indenture shall have the defined meanings when used in any document delivered pursuant thereto unless otherwise defined therein. For purposes of this Indenture, unless the context otherwise requires: (a) accounting terms not otherwise defined herein and accounting terms partly defined herein to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the fiscal calendar of General Electric Company; (b) unless defined in this Indenture or the context otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term in the UCC; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “herein,” “hereof,” “herein” and “hereunder” and other words of similar import refer to this Indenture Agreement as a whole and not to any particular provision section, paragraph, or subdivision. Any pronoun used shall be deemed to cover all genders. In the computation of periods of time from a specified date to a later specified date, the word “from” means “from and including” and the words “to” and “until” each means “to but excluding.” The section titles, table of contents, and list of exhibits appear as a matter of convenience only and shall not affect the interpretation of this IndentureAgreement or any Loan Document. All schedules, exhibits, annexes, and attachments referred to herein are hereby incorporated herein by this reference. All references to (a) statutes and related regulations shall include all related rules and implementing regulations and any amendments of same and any successor statutes, rules, and regulations; (eb) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Indenture, and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means and “including include” shall mean “including, without limitation”,” regardless of whether “without limitation” is included in some instances and not in others (and, for purposes of each Loan Document, the parties agree that the rule of ejusdem generis shall not be applicable to limit a general statement, which is followed by or referable to an enumeration of specific matters to matters similar to the matters specifically mentioned); and (gc) all references to dates and times shall mean the date and time at the Administrative Agent’s notice address determined under Section 10.1, unless otherwise specifically stated. All calculations of value of any law include Property, fundings of Loans and payments of Obligations shall be in Dollars and, unless the regulations promulgated thereunder; context otherwise requires, all determinations (hincluding calculations of the Financial Covenant) references to any law or regulation refer to that law or regulation as amended made from time to time and include under the Loan Documents shall be made in light of the circumstances existing at such time. No provision of any successor law Loan Documents shall be construed or regulation; (i) references interpreted to the disadvantage of any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms party hereto by reason of such agreement are party’s having, or being deemed to have, drafted, structured, or dictated such provision. A Default or Event of Default, if one occurs, shall “exist”, “continue” or be “continuing” until such Default or Event of Default, as applicable, has been waived or modified in writing in accordance with its terms; (j) references to any Person include that Person’s successors Section 10.12. All terms used herein which are defined in Article 9 of the UCC and assigns; (k) headings which are for purposes of reference only and shall not otherwise affect defined herein shall have the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singularsame meanings herein as set forth therein.
Appears in 2 contracts
Samples: Credit Agreement (Vulcan Materials CO), Credit Agreement (Vulcan Materials CO)
Other Interpretive Matters. All The terms defined directly or by incorporation in this Indenture shall have the defined meanings when used in any document delivered pursuant thereto unless otherwise defined therein. For purposes of this Indenture, unless the context otherwise requires: (a) accounting terms not otherwise defined herein and accounting terms partly defined herein to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the fiscal calendar of General Electric Company; (b) unless defined in this Indenture or the context otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term in the UCC; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “herein,” “hereof,” “herein” and “hereunder” and other words of similar import refer to this Indenture Agreement as a whole and not to any particular provision section, paragraph, or subdivision. Any pronoun used shall be deemed to cover all genders. In the computation of periods of time from a specified date to a later specified date, the word “from” means “from and including” and the words “to” and “until” each means “to but excluding.” The section titles, table of contents, and list of exhibits appear as a matter of convenience only and shall not affect the interpretation of this IndentureAgreement or any Loan Document. All schedules, exhibits, annexes, and attachments referred to herein are hereby incorporated herein by this reference. All references to (a) statutes and related regulations shall include all related rules and implementing regulations and any amendments of same and any successor statutes, rules, and regulations; (eb) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Indenture, and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means and “including include” shall mean “including, without limitation”,” regardless of whether “without limitation” is included in some instances and not in others (and, for purposes of each Loan Document, the parties agree that the rule of ejusdem generis shall not be applicable to limit a general statement, which is followed by or referable to an enumeration of specific matters to matters similar to the matters specifically mentioned); and (gc) all references to dates and times shall mean the date and time at the Administrative Agent’s notice address determined under Section 11.1, unless otherwise specifically stated. All determinations (including calculations of any law include Borrowing Base and the regulations promulgated thereunder; (hFinancial Covenant) references to any law or regulation refer to that law or regulation as amended made from time to time and include under the Loan Documents shall be made in light of the circumstances existing at such time. No provision of any successor law Loan Documents shall be construed or regulation; (i) references interpreted to the disadvantage of any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms party hereto by reason of such agreement are party’s having, or being deemed to have, drafted, structured, or dictated such provision. A Default or Event of Default, if one occurs, shall “exist”, “continue” or be “continuing” until such Default or Event of Default, as applicable, has been waived or modified in writing in accordance with its terms; (j) references to any Person include that Person’s successors Section 11.12. All terms used herein which are defined in Article 9 of the UCC and assigns; (k) headings which are for purposes of reference only and shall not otherwise affect defined herein shall have the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singularsame meanings herein as set forth therein.
Appears in 2 contracts
Samples: Credit Agreement (Central Garden & Pet Co), Credit Agreement (Central Garden & Pet Co)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of this IndentureAgreement and all such certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in this Agreement, and accounting terms partly defined herein in this Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, (b) references to any month, quarter or year refer to a fiscal calendar month, quarter or year as determined in accordance with the fiscal calendar of General Electric Companyyear; (bc) unless terms defined in Article 9 of the UCC and not otherwise defined in this Indenture or the context otherwise requires, capitalized terms Agreement are used in this Indenture which are as defined in the UCC shall have the meaning given such term in the UCCthat Article; (cd) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (de) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this IndentureAgreement (or such certificate or document); (ef) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this IndentureAgreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (fg) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (i) references to any agreement refer to that agreement as from time to time amended, restated amended or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; and (j) references to any Person include that Person’s successors and assigns; (k) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 2 contracts
Samples: Servicing Agreement (GE Dealer Floorplan Master Note Trust), Servicing Agreement (CDF Funding, Inc.)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture the Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of the Agreement (including this IndentureAnnex A) and all certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in the Agreement, and accounting terms partly defined herein in the Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesGAAP; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the GE Capital’s fiscal calendar of General Electric Companycalendar; (b) unless terms defined in this Indenture or Article 9 of the context UCC and not otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term Agreement are used as defined in the UCCthat Article; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture such Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this Indenturesuch Agreement (or such certificate or document); (e) references to any Section, Section or Schedule or Exhibit are references to Sections, Schedules Schedules, Annexes and Exhibits in or to this Indenturesuch Agreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (ji) references to any Person include that Person’s successors and assigns; and (kj) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 2 contracts
Samples: Servicing Agreement (GE Equipment Transportation LLC, Series 2011-1), Servicing Agreement (GE Equipment Transportation LLC, Series 2011-1)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture Performance Guaranty shall have the defined meanings when used in any certificate or other document delivered pursuant thereto hereto unless otherwise defined therein. For purposes of this IndenturePerformance Guaranty and all such certificates and other documents delivered hereto, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in this Performance Guaranty, and accounting terms partly defined herein in this Performance Guaranty to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, (b) references to any month, quarter or year refer to a fiscal calendar month, quarter or year as determined in accordance with the fiscal calendar of General Electric Companyyear; (bc) unless terms defined in Article 9 of the UCC and not otherwise defined in this Indenture or the context otherwise requires, capitalized terms Performance Guaranty are used in this Indenture which are as defined in the UCC shall have the meaning given such term in the UCCthat Article; (cd) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (de) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture Performance Guaranty (or the certificate or other document in which they are used) as a whole and not to any particular provision of this IndenturePerformance Guaranty (or such certificate or document); (ef) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this IndenturePerformance Guaranty (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (fg) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (i) references to any agreement refer to that agreement as from time to time amended, restated amended or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; and (j) references to any Person include that Person’s successors and permitted assigns; (k) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 2 contracts
Samples: Servicer Performance Guaranty (CDF Funding, Inc.), Servicing Agreement (CDF Funding, Inc.)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture the Sale Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of the Sale Agreement (including in this IndentureAnnex A) and all related certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in such Agreement, and accounting terms partly defined herein in such Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the GE Capital’s fiscal calendar of General Electric Companycalendar; (b) unless terms defined in this Indenture or Article 9 of the context UCC and not otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term Agreement are used as defined in the UCCthat Article; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture such Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this Indenturesuch Agreement (or such certificate or document); (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Indenturesuch Agreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (ji) references to any Person include that Person’s successors and assigns; and (kj) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.. 700148750 06142559 Annex A to Loan Sale Agreement
Appears in 2 contracts
Samples: Loan Sale Agreement (GE Equipment Transportation LLC, Series 2011-1), Loan Sale Agreement (GE Equipment Transportation LLC, Series 2011-1)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of this IndentureAgreement and all certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in this Agreement, and accounting terms partly defined herein in this Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and (b) unless otherwise provided, references to any month, quarter or year refer to a fiscal calendar month, quarter or year as determined in accordance with the fiscal calendar of General Electric Companyyear; (bc) unless terms defined in Article 9 of the UCC and not otherwise defined in this Indenture or the context otherwise requires, capitalized terms Agreement are used in this Indenture which are as defined in the UCC shall have the meaning given such term in the UCCthat Article; (cd) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (de) the words “hereof,” ”, “herein” and “hereunder” and words of similar import refer to this Indenture Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this IndentureAgreement (or such certificate or document); (ef) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this IndentureAgreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (fg) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (i) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its termsterms (including, with respect to the Indenture, by Indenture Supplements or supplemental indentures); and (j) references to any Person include that Person’s successors and assigns; (k) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 2 contracts
Samples: Sub Servicing Agreement (NBCUniversal Media, LLC), Sub Servicing Agreement (NBCUniversal Media, LLC)
Other Interpretive Matters. All accounting terms not specifically defined herein shall be construed in accordance with GAAP. All terms defined directly or by incorporation in this Indenture shall have the defined meanings when used in any document delivered pursuant thereto unless Article 9 of the UCC in the State of New York and not specifically defined herein, are used herein as defined in such Article 9. Unless otherwise defined thereinexpressly indicated, all references herein to “Article,” “Section,” “Schedule”, “Exhibit” or “Annex” shall mean articles and sections of, and schedules, exhibits and annexes to, this Agreement. For purposes of this IndentureAgreement, the other Transaction Documents and all such certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein and accounting terms partly defined herein to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the fiscal calendar of General Electric Company; (b) unless defined in this Indenture or the context otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term in the UCC; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (db) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture such agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this Indenturesuch agreement (or such certificate or document); (ec) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Indenturesuch agreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (fd) the term “including” means “including without limitation”; (ge) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation Applicable Law refer to that law or regulation Applicable Law as amended from time to time and include any successor law or regulationApplicable Law; (if) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (jg) references to any Person include that Person’s permitted successors and assigns; (kh) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; (i) unless otherwise provided, in the calculation of time from a specified date to a later specified date, the term “from” means “from and including”, and the terms “to” and “until” each means “to but excluding”; (j) terms in one gender include the parallel terms in the neuter and opposite gender; and (lk) words in the singular include the plural and words in the plural include the singularterm “or” is not exclusive.
Appears in 2 contracts
Samples: Receivables Financing Agreement (OLIN Corp), Receivables Financing Agreement (OLIN Corp)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture the Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of the Agreement (including this IndentureAnnex A) and all certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in the Agreement, and accounting terms partly defined herein in the Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesGAAP; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the GE Capital fiscal calendar of General Electric Companycalendar; (b) unless terms defined in this Indenture or Article 9 of the context UCC and not otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term Agreement are used as defined in the UCCthat Article; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “"hereof,” “" "herein” " and “"hereunder” " and words of similar import refer to this Indenture such Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this Indenturesuch Agreement (or such certificate or document); (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Indenturesuch Agreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “"including” " means “"including without limitation”"; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (ji) references to any Person include that Person’s 's successors and assigns; and (kj) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 2 contracts
Samples: Servicing Agreement (Cef Equipment Holding LLC), Servicing Agreement (Cef Equipment Holding Ge Commerical Equip Fin Series 2004-1)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture the Purchase and Sale Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of the Purchase and Sale Agreement (including in this IndentureAnnex A) and all related certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in such Agreement, and accounting terms partly defined herein in such Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the GE Capital’s 700148757 06142559 fiscal calendar of General Electric Companycalendar; (b) unless terms defined in this Indenture or Article 9 of the context UCC and not otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term Agreement are used as defined in the UCCthat Article; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture such Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this Indenturesuch Agreement (or such certificate or document); (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Indenturesuch Agreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (ji) references to any Person include that Person’s successors and assigns; and (kj) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof. 700148757 06142559
ARTICLE I DEFINITIONS AND INTERPRETATION 1
Section 1.1 Definitions 1 Section 1.2 Rules of Construction 1
ARTICLE II SALES OF PURCHASER ASSETS 1
Section 2.1 Sale of Loans 1 Section 2.2 Grant of Security Interest; Subordination 2 Section 2.3 Sale Price 4 Section 2.4 Removal and (l) words in Sale of Loans 4 ARTICLE III CONDITIONS PRECEDENT 5 Section 3.1 Conditions to Sale 5 ARTICLE IV REPRESENTATIONS, WARRANTIES AND COVENANTS 6
Section 4.1 Representations and Warranties of the singular include the plural and words in the plural include the singular.Seller 6
Appears in 2 contracts
Samples: Loan Purchase and Sale Agreement (GE Equipment Transportation LLC, Series 2011-1), Loan Purchase and Sale Agreement (GE Equipment Transportation LLC, Series 2011-1)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of this IndentureAgreement and all related certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in this Agreement, and accounting terms partly defined herein in this Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesGAAP; and (b) unless otherwise provided, references to any month, quarter or year refer to a fiscal calendar month, quarter or year as determined in accordance with the fiscal calendar of General Electric Companyyear; (bc) unless terms defined in Article 9 of the UCC as in effect in the applicable jurisdiction and not otherwise defined in this Indenture or the context otherwise requires, capitalized terms Agreement are used in this Indenture which are as defined in the UCC shall have the meaning given such term in the UCCthat Article; (cd) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (de) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this IndentureAgreement (or such certificate or document); (ef) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this IndentureAgreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (fg) the term words “include” or “including” means “including without limitation”; (g) references shall not be construed to any law include the regulations promulgated thereunderbe limiting or exclusive; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (i) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (j) references to any Person include that Person’s successors and assigns; permitted assigns and (k) headings are for purposes of reference only and shall not otherwise affect the term “or” has the meaning or interpretation of any provision hereof; and (l) words in represented by the singular include the plural and words in the plural include the singularphrase “and/or.”
Appears in 2 contracts
Samples: Receivable Purchase Agreement (Toro Co), Receivable Purchase Agreement (Toro Co)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture the Purchase and Sale Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of the Purchase and Sale Agreement (including in this IndentureAnnex A) and all related certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in such Agreement, and accounting terms partly defined herein in such Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the GE Capital’s fiscal calendar of General Electric Companycalendar; (b) unless terms defined in this Indenture or Article 9 of the context UCC and not otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term Agreement are used as defined in the UCCthat Article; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture such Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this Indenturesuch Agreement (or such certificate or document); (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Indenturesuch Agreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (ji) references to any Person include that Person’s successors and assigns; and (kj) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.. ARTICLE I DEFINITIONS AND INTERPRETATION 1
Section 1.1 Definitions 1 Section 1.2 Rules of Construction 1
Appears in 2 contracts
Samples: Loan Purchase and Sale Agreement (GE Equipment Transportation LLC, Series 2012-2), Loan Purchase and Sale Agreement (GE Equipment Transportation LLC, Series 2012-2)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture shall have In each of the defined meanings when used in any document delivered pursuant thereto unless otherwise defined therein. For purposes of this IndentureInvestment Documents, unless the context otherwise requiresa clear contrary intention appears: (a) accounting terms not otherwise defined herein the singular number includes the plural number and accounting terms partly defined herein to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesvice versa; and unless otherwise provided, references (b) reference to any monthPerson includes such Person’s successors and assigns but, quarter or year refer if applicable, only if such successors and assigns are permitted by such Investment Document, and reference to a fiscal monthPerson in a particular capacity excludes such Person in any other capacity or individually; (c) reference to any gender includes each other gender; (d) reference to any agreement (including this Agreement and the Schedules and Exhibits and the Appendices hereto), quarter document or year instrument means such agreement, document or instrument as determined amended, modified, supplemented, or replaced from time to time in accordance with the fiscal calendar of General Electric Companyterms thereof and, if applicable, the terms hereof (and without giving effect to any amendment or modification that would not be permitted in accordance with the terms hereof); (be) unless defined reference to any applicable law, statute, rule or regulation means such applicable law, statute, rule or regulation as amended, modified, codified or reenacted, in this Indenture whole or the context otherwise requiresin part, capitalized terms used and in this Indenture which are defined in the UCC effect from time to time, including rules and regulations promulgated thereunder and reference to any particular provision of any applicable law, statute, rule or regulation shall have the meaning given such term in the UCCbe interpreted to include any revision of or successor to that provision regardless of how numbered or classified; (cf) references reference to any amount as on deposit Article, Section, Schedule, Exhibit or outstanding on any particular date Appendix means such amount at the close of business on Article or Section hereof or such daySchedule, Exhibit or Appendix hereto; (dg) the words “hereunder,” “hereof,” “herein” and “hereunderhereto” and words of similar import refer shall be deemed references to this Indenture Agreement as a whole and not to any particular Section or other provision of this Indenturehereof; (eh) references to any Sectionthe terms “include”, Schedule or Exhibit are references to Sections, Schedules “including” and Exhibits in or to this Indenture, and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definitionsimilar terms shall be construed as if followed by the phrase “without being limited to”; (fi) the term “includingor” means has, except where otherwise indicated, the inclusive meaning represented by the phrase “including without limitationand/or”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (i) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (j) references relative to the determining of any Person include that Person’s successors period of time, “from” means “from and assignsincluding” and “to” and “through” mean “to and including”; (k) headings “or”, “either” and “any” are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereofexclusive; and (l) words references to any Subsidiary of a Person shall be given effect only at such times as such Person has one or more Subsidiaries. An Event of Default shall “continue” or be “continuing” until such Event of Default has been fully cured or waived in writing by the singular include the plural and words in the plural include the singularPurchaser.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Raybor Management Inc), Convertible Notes Purchase Agreement (Wits Basin Precious Minerals Inc)
Other Interpretive Matters. All terms defined directly or by incorporation reference in this Indenture Security Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto hereto unless otherwise defined therein. For purposes of this IndentureIndenture Security Agreement, each and all such certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein and accounting terms partly defined herein to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the Issuer’s fiscal calendar of General Electric Companycalendar; (b) unless defined in this Indenture Security Agreement or the context otherwise requires, capitalized terms used in this Indenture Security Agreement which are defined in the UCC shall have the meaning given such term in the UCC; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture Security Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this IndentureIndenture Security Agreement (or the certificate or other document in which reference is made); (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this IndentureIndenture Security Agreement, and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; and (ji) references to any Person include that Person’s successors and permitted assigns; (k) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 1 contract
Samples: Indenture Security Agreement (GE Capital Credit Card Master Note Trust)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture Agreement shall have the defined meanings when used in any document delivered pursuant thereto unless otherwise defined therein. For purposes of this IndentureAgreement, unless the context otherwise requires: (a) accounting terms not otherwise defined herein and accounting terms partly defined herein to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the [GE Capital] fiscal calendar of General Electric Companycalendar; (b) unless defined in this Indenture Agreement or the context otherwise requires, capitalized terms used in this Indenture Agreement which are defined in the UCC shall have the meaning given such term in the UCC; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “"hereof,” “" "herein” " and “"hereunder” " and words of similar import refer to this Indenture Agreement as a whole and not to any particular provision of this IndentureAgreement; (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this IndentureAgreement, and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “"including” " means “"including without limitation”"; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (ji) references to any Person include that Person’s 's successors and assigns; and (kj) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 1 contract
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto hereto unless otherwise defined therein. For purposes of this IndentureAgreement and all related certificates and other documents delivered pursuant hereto, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in this Agreement, and accounting terms partly defined herein in this Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesGAAP; and (b) unless otherwise provided, references to any month, quarter or year refer to a fiscal calendar month, quarter or year as determined in accordance with the fiscal calendar of General Electric Companyyear; (bc) unless terms defined in Article 9 of the UCC as in effect in the applicable jurisdiction and not otherwise defined in this Indenture or the context otherwise requires, capitalized terms Agreement are used in this Indenture which are as defined in the UCC shall have the meaning given such term in the UCCthat Article; (cd) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (de) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this IndentureAgreement (or such certificate or document); (ef) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this IndentureAgreement (or the certificate or other document delivered pursuant to this Agreement in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (fg) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (i) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; and (j) references to any Person include that Person’s successors and permitted assigns; (k) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 1 contract
Samples: Receivables Purchase and Contribution Agreement (CDF Funding, Inc.)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of this IndentureAgreement and all related certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in this Agreement, and accounting terms partly defined herein in this Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesGAAP; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the GE Capital fiscal calendar of General Electric Companycalendar; (b) unless terms defined in Article 9 of the UCC as in effect in the applicable jurisdiction and not otherwise defined in this Indenture or the context otherwise requires, capitalized terms Agreement are used in this Indenture which are as defined in the UCC shall have the meaning given such term in the UCCthat Article; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this IndentureAgreement (or such certificate or document); (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this IndentureAgreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (ji) references to any Person include that Person’s successors and permitted assigns; (kj) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (lk) words in the singular include the plural and words in the plural include the singular.
Appears in 1 contract
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of this IndentureAgreement and all related certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in this Agreement, and accounting terms partly defined herein in this Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the GE Capital fiscal calendar of General Electric Companycalendar; (b) unless terms defined in Article 9 of the UCC as in effect in the applicable jurisdiction and not otherwise defined in this Indenture or the context otherwise requires, capitalized terms Agreement are used in this Indenture which are as defined in the UCC shall have the meaning given such term in the UCCthat Article; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this IndentureAgreement (or such certificate or document); (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this IndentureAgreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; and (ji) references to any Person include that Person’s successors and permitted assigns; (k) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 1 contract
Samples: Receivables Sale Agreement (GE Capital Credit Card Master Note Trust)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto hereto unless otherwise defined therein. For purposes of this IndentureAgreement and all related certificates and other documents delivered pursuant hereto, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in this Agreement, and accounting terms partly defined herein in this Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesGAAP; and (b) unless otherwise provided, references to any month, quarter or year refer to a fiscal calendar month, quarter or year as determined in accordance with the fiscal calendar of General Electric Companyyear; (bc) unless terms defined in Article 9 of the UCC as in effect in the applicable jurisdiction and not otherwise defined in this Indenture or the context otherwise requires, capitalized terms Agreement are used in this Indenture which are as defined in the UCC shall have the meaning given such term in the UCCthat Article; (cd) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (de) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture Agreement (or the certificate or other document delivered pursuant hereto in which they are used) as a whole and not to any particular provision of this IndentureAgreement (or such certificate or document); (ef) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this IndentureAgreement (or the certificate or other document delivered pursuant to this Agreement in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (fg) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (i) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; and (j) references to any Person include that Person’s successors and permitted assigns; (k) headings are for purposes of reference only . 13 Amended and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.Restated Receivables Sale Agreement
Appears in 1 contract
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture shall have the defined meanings when used in any document delivered pursuant thereto unless otherwise defined therein. For purposes of this Indenture, unless the context otherwise requires: (a) accounting terms not otherwise defined herein and accounting terms partly defined herein to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the [GE Capital] fiscal calendar of General Electric Companycalendar; (b) unless defined in this Indenture or the context otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term in the UCC; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “"hereof,” “" "herein” " and “"hereunder” " and words of similar import refer to this Indenture as a whole and not to any particular provision of this Indenture; (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Indenture, and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “"including” " means “"including without limitation”"; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (ji) references to any Person include that Person’s 's successors and assigns; and (kj) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 1 contract
Other Interpretive Matters. All terms defined directly or by incorporation reference in this Indenture Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto hereto unless otherwise defined therein. For purposes of this IndentureAgreement, each and all such certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein and accounting terms partly defined herein to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the fiscal calendar of General Electric Company; (b) unless defined in this Indenture Agreement or the context otherwise requires, capitalized terms used in this Indenture Agreement which are defined in the UCC shall have the meaning given such term in the UCC; (c) any reference to each Rating Agency shall only apply to any specific rating agency if such rating agency is then rating any outstanding Series; (d) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (de) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this IndentureAgreement (or the certificate or other document in which reference is made); (ef) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this IndentureAgreement, and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (fg) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (i) subject to Section 7, references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; and (j) references to any Person include that Person’s successors and permitted assigns; (k) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 1 contract
Samples: Intercreditor Agreement (GE Capital Credit Card Master Note Trust)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture the Purchase and Sale Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of the Purchase and Sale Agreement (including in this IndentureAnnex A) and all related certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in such Agreement, and accounting terms partly defined herein in such Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the Seller fiscal calendar of General Electric Companycalendar; (b) unless terms defined in this Indenture or Article 9 of the context UCC and not otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term Agreement are used as defined in the UCCthat Article; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “"hereof,” “" "herein” " and “"hereunder” " and words of similar import refer to this Indenture such Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this Indenturesuch Agreement (or such certificate or document); (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Indenturesuch Agreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “"including” " means “"including without limitation”"; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (ji) references to any Person include that Person’s 's successors and assigns; and (kj) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; . Annex A to 11 Loan Purchase and (l) words in the singular include the plural and words in the plural include the singular.Sale Agreement TABLE OF CONTENTS
Appears in 1 contract
Samples: Loan Purchase and Sale Agreement (Cef Equipment Holding LLC)
Other Interpretive Matters. All The terms defined directly or by incorporation in this Indenture shall have the defined meanings when used in any document delivered pursuant thereto unless otherwise defined therein. For purposes of this Indenture, unless the context otherwise requires: (a) accounting terms not otherwise defined herein and accounting terms partly defined herein to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the fiscal calendar of General Electric Company; (b) unless defined in this Indenture or the context otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term in the UCC; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “herein,” “hereof,” “herein” and “hereunder” and other words of similar import refer to this Indenture Agreement as a whole and not to any particular provision section, paragraph, or subdivision. Any pronoun used shall be deemed to cover all genders. In the computation of periods of time from a specified date to a later specified date, the word “from” means “from and including” and the words “to” and “until” each means “to but excluding.” The section titles, table of contents, and list of exhibits appear as a matter of convenience only and shall not affect the interpretation of this IndentureAgreement or any Loan Document. All schedules, exhibits, annexes, and attachments referred to herein are hereby incorporated herein by this reference. All references to (a) statutes and related regulations shall include all related rules and implementing regulations and any amendments of same and any successor statutes, rules, and regulations; (eb) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Indenture, and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means and “including include” shall mean “including, without limitation”,” regardless of whether “without limitation” is included in some instances and not in others (and, for purposes of each Loan Document, the parties agree that the rule of ejusdem generis shall not be applicable to limit a general statement, which is followed by or referable to an enumeration of specific matters to matters similar to the matters specifically mentioned); and (gc) all references to dates and times shall mean the date and time at the Administrative Agent’s notice address determined under Section 10.1, unless otherwise specifically stated. All determinations (including calculations of any law include Borrowing Base and the regulations promulgated thereunder; (hFinancial Covenant) references to any law or regulation refer to that law or regulation as amended made from time to time and include under the Loan Documents shall be made in light of the circumstances existing at such time. No provision of any successor law Loan Documents shall be construed or regulation; (i) references interpreted to the disadvantage of any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms party hereto by reason of such agreement are party’s having, or being deemed to have, drafted, structured, or dictated such provision. A Default or Event of Default, if one occurs, shall “exist,” “continue” or be “continuing” until such Default or Event of Default, as applicable, has been waived or modified in writing in accordance with its terms; (j) references to any Person include that Person’s successors Section 10.12. All terms used herein which are defined in Article 9 of the UCC and assigns; (k) headings which are for purposes of reference only and shall not otherwise affect defined herein shall have the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singularsame meanings herein as set forth therein.
Appears in 1 contract
Samples: Credit Agreement (Installed Building Products, Inc.)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of this IndentureAgreement and all related certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in this Agreement, and accounting terms partly defined herein in this Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesGAAP; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the GE Capital fiscal calendar of General Electric Companycalendar; (b) unless terms defined in Article 9 of the UCC as in effect in the applicable jurisdiction and not otherwise defined in this Indenture or the context otherwise requires, capitalized terms Agreement are used in this Indenture which are as defined in the UCC shall have the meaning given such term in the UCCthat Article; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this IndentureAgreement (or such certificate or document); (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this IndentureAgreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; terms and (ji) references to any Person include that Person’s successors and permitted assigns; (k) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 1 contract
Samples: Transfer Agreement (GE Capital Credit Card Master Note Trust)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture Agreement shall have the defined meanings when used in any document delivered pursuant thereto hereto unless otherwise defined therein. For purposes of this IndentureAgreement, unless the context otherwise requires: (a) accounting terms not otherwise defined herein and accounting terms partly defined herein to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and (b) unless otherwise provided, references to any month, quarter or year refer to a fiscal calendar month, quarter or year as determined in accordance with the fiscal calendar of General Electric Company; (b) unless defined in this Indenture or the context otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term in the UCCyear; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture Agreement as a whole and not to any particular provision of this IndentureAgreement; (e) references to any Sectionsection, Schedule schedule or Exhibit exhibit are references to Sectionssections, Schedules schedules and Exhibits exhibits in or to this IndentureAgreement, and references to any paragraph, subsection, clause or other subdivision within any Section section or definition refer to such paragraph, subsection, clause or other subdivision of such Section section or definition; (f) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; and (ji) references to any Person include that Person’s successors and assigns; (k) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 1 contract
Other Interpretive Matters. All The terms defined directly or by incorporation in this Indenture shall have the defined meanings when used in any document delivered pursuant thereto unless otherwise defined therein. For purposes of this Indenture, unless the context otherwise requires: (a) accounting terms not otherwise defined herein and accounting terms partly defined herein to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the fiscal calendar of General Electric Company; (b) unless defined in this Indenture or the context otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term in the UCC; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “herein,” “hereof,” “herein” and “hereunder” and other words of similar import refer to this Indenture Agreement as a whole and not to any particular provision section, paragraph, or subdivision. Any pronoun used shall be deemed to cover all genders. In the computation of periods of time from a specified date to a later specified date, the word “from” means “from and including” and the words “to” and “until” each means “to but excluding.” The section titles, table of contents, and list of exhibits appear as a matter of convenience only and shall not affect the interpretation of this IndentureAgreement or any Loan Document. All schedules, exhibits, annexes, and attachments referred to herein are hereby incorporated herein by this reference. All references to (a) statutes and related regulations shall include all related rules and implementing regulations and any amendments of same and any successor statutes, rules, and regulations; (eb) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Indenture, and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means and “including include” shall mean “including, without limitation”,” regardless of whether “without limitation” is included in some instances and not in others (and, for purposes of each Loan Document, the parties agree that the rule of ejusdem generis shall not be applicable to limit a general statement, which is followed by or referable to an enumeration of specific matters to matters similar to the matters specifically mentioned); and (gc) all references to dates and times shall mean the date and time at the Administrative Agent’s notice address determined under Section 11.1, unless otherwise specifically stated. All calculations of value of any law include Property, fundings of Loans, issuances of Letters of Credit and payments of Obligations shall be in Dollars and, unless the regulations promulgated thereunder; context otherwise requires, all determinations (hincluding calculations of Financial Covenants) references to any law or regulation refer to that law or regulation as amended made from time to time and include under the Loan Documents shall be made in light of the circumstances existing at such time. No provision of any successor law Loan Documents shall be construed or regulation; (i) references interpreted to the disadvantage of any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms party hereto by reason of such agreement are party’s having, or being deemed to have, drafted, structured, or dictated such provision. A Default or Event of Default, if one occurs, shall “exist”, “continue” or be “continuing” until such Default or Event of Default, as applicable, has been waived or modified in writing in accordance with its terms; (j) references to any Person include that Person’s successors Section 11.12. All terms used herein which are defined in Article 9 of the UCC and assigns; (k) headings which are for purposes of reference only and shall not otherwise affect defined herein shall have the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singularsame meanings herein as set forth therein.
Appears in 1 contract
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto hereto unless otherwise defined therein. For purposes of this IndentureAgreement and all such certificates and other documents delivered pursuant hereto, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in this Agreement, and accounting terms partly defined herein in this Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, (b) references to any month, quarter or year refer to a fiscal calendar month, quarter or year as determined in accordance with the fiscal calendar of General Electric Companyyear; (bc) unless terms defined in Article 9 of the UCC and not otherwise defined in this Indenture or the context otherwise requires, capitalized terms Agreement are used in this Indenture which are as defined in the UCC shall have the meaning given such term in the UCCthat Article; (cd) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (de) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture Agreement (or the certificate or other document delivered pursuant hereto in which they are used) as a whole and not to any particular provision of this IndentureAgreement (or such certificate or document); (ef) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this IndentureAgreement (or the certificate or other document delivered pursuant hereto in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (fg) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (i) references to any agreement refer to that agreement as from time to time amended, restated amended or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; and (j) references to any Person include that Person’s successors and assigns; (k) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 1 contract
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of this IndentureAgreement (including this Annex A) and all certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in this Agreement, and accounting terms partly defined herein in this Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesGAAP; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the GE Capital Bank fiscal calendar of General Electric Companycalendar; (b) unless terms defined in Article 9 of the UCC and not otherwise defined in this Indenture or the context otherwise requires, capitalized terms Agreement are used in this Indenture which are as defined in the UCC shall have the meaning given such term in the UCCthat Article; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this IndentureAgreement (or such certificate or document); (e) references to any Section, Schedule Schedule, Annex or Exhibit are references to Sections, Schedules Schedules, Annexes and Exhibits in or to this IndentureAgreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (ji) references to any Person include that Person’s successors and assigns; and (kj) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 1 contract
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture shall have the defined meanings when used in any document delivered pursuant thereto unless otherwise defined therein. For purposes of this Indenture, unless the context otherwise requires: (a) accounting terms not otherwise defined herein and accounting terms partly defined herein to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the fiscal calendar of General Electric CompanyGECS; (b) unless defined in this Indenture or the context otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term in the UCC; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “"hereof,” “" "herein” " and “"hereunder” " and words of similar import refer to this Indenture as a whole and not to any particular provision of this Indenture; (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Indenture, and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (i) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (j) references to any Person include that Person’s successors and assigns; (k) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.any
Appears in 1 contract
Samples: Indenture (GE Equipment Midticket LLC, Series 2006-1)
Other Interpretive Matters. All The terms defined directly or by incorporation in this Indenture shall have the defined meanings when used in any document delivered pursuant thereto unless otherwise defined therein. For purposes of this Indenture, unless the context otherwise requires: (a) accounting terms not otherwise defined herein and accounting terms partly defined herein to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the fiscal calendar of General Electric Company; (b) unless defined in this Indenture or the context otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term in the UCC; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “herein,” “hereof,” “herein” and “hereunder” and other words of similar import refer to this Indenture Agreement as a whole and not to any particular provision section, paragraph, or subdivision. Any pronoun used shall be deemed to cover all genders. In the computation of periods of time from a specified date to a later specified date, the word “from” means “from and including” and the words “to” and “until” each means “to but excluding.” The section titles, table of contents, and list of exhibits appear as a matter of convenience only and shall not affect the interpretation of this IndentureAgreement or any Loan Document. All schedules, exhibits, annexes, and attachments referred to herein are hereby incorporated herein by this reference. All references to (a) statutes and related regulations shall include all related rules and implementing regulations and any amendments of same and any successor statutes, rules, and regulations; (eb) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Indenture, and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means and “including include” shall mean “including, without limitation”,” regardless of whether “without limitation” is included in some instances and not in others (and, for purposes of each Loan Document, the parties agree that the rule of ejusdem generis shall not be applicable to limit a general statement, which is followed by or referable to an enumeration of specific matters to matters similar to the matters specifically mentioned); and (gc) all references to dates and times shall mean the date and time at the Administrative Agent’s notice address determined under Section 11.1, unless otherwise specifically stated. All calculations of value of any law include Property, fundings of Loans, issuances of Letters of Credit and payments of Obligations shall be in Dollars and, unless the regulations promulgated thereunder; context otherwise requires, all determinations (hincluding calculations of Borrowing Base and Financial Covenants) references to any law or regulation refer to that law or regulation as amended made from time to time and include under the Loan Documents shall be made in light of the circumstances existing at such time. No provision of any successor law Loan Documents shall be construed or regulation; (i) references interpreted to the disadvantage of any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms party hereto by reason of such agreement are party’s having, or being deemed to have, drafted, structured, or dictated such provision. A Default or Event of Default, if one occurs, shall “exist”, “continue” or be “continuing” until such Default or Event of Default, as applicable, has been waived or modified in writing in accordance with its terms; (j) references to any Person include that Person’s successors Section 11.12. All terms used herein which are defined in Article 9 of the UCC and assigns; (k) headings which are for purposes of reference only and shall not otherwise affect defined herein shall have the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singularsame meanings herein as set forth therein.
Appears in 1 contract
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto hereto unless otherwise defined therein. For purposes of this IndentureAgreement and all related certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in this Agreement, and accounting terms partly defined herein in this Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesGAAP; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the fiscal calendar of General Electric Companythe Borrower and its Affiliates; (b) unless terms defined in Article 9 of the UCC and not otherwise defined in this Indenture or the context otherwise requires, capitalized terms Agreement are used in this Indenture which are as defined in the UCC shall have the meaning given such term in the UCCthat Article; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this IndentureAgreement (or such certificate or document); (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this IndentureAgreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its 10 GE Capital Credit Card Master Note Trust, Loan Agreement (Series 2014-VFN[—], Class A) terms; (ji) references to any Person include that Person’s successors and permitted assigns; (kj) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (lk) words in the singular include the plural and words in the plural include the singular.
Appears in 1 contract
Samples: Loan Agreement (Synchrony Financial)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto hereto unless otherwise defined therein. For purposes of this IndentureAgreement and all related certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in this Agreement, and accounting terms partly defined herein in this Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesGAAP; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the fiscal calendar of General Electric Companythe Borrower and its Affiliates; (b) unless terms defined in Article 9 of the UCC and not otherwise defined in this Indenture or the context otherwise requires, capitalized terms Agreement are used in this Indenture which are as defined in the UCC shall have the meaning given such term in the UCCthat Article; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this IndentureAgreement (or such certificate or document); (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this IndentureAgreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (ji) references to any Person include that Person’s successors and permitted assigns; (kj) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (lk) words in the singular include the plural and words in the plural include the singular.
Appears in 1 contract
Samples: Loan Agreement (Synchrony Financial)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture the Sale Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of the Sale Agreement (including in this IndentureAnnex A) and all related certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in such Agreement, and accounting terms partly defined herein in such Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the GE Capital fiscal calendar of General Electric Companycalendar; (b) unless terms defined in this Indenture or Article 9 of the context UCC and not otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term Agreement are used as defined in the UCCthat Article; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “"hereof,” “" "herein” " and “"hereunder” " and words of similar import refer to this Indenture such Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this Indenturesuch Agreement (or such certificate or document); (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Indenturesuch Agreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “"including” " means “"including without limitation”"; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (ji) references to any Person include that Person’s 's successors and assigns; and (kj) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.. TABLE OF CONTENTS PAGE ARTICLE I DEFINITIONS AND INTERPRETATION......................................... 1 Section 1.1 Definitions.................................................... 1 Section 1.2 Rules of Construction.......................................... 1
Appears in 1 contract
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of this IndentureAgreement and all certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in this Agreement, and accounting terms partly defined herein in this Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and (b) unless otherwise provided, references to any month, quarter or year refer to a fiscal calendar month, quarter or year as determined in accordance with the fiscal calendar of General Electric Companyyear; (bc) unless terms defined in Article 9 of the UCC and not otherwise defined in this Indenture or the context otherwise requires, capitalized terms Agreement are used in this Indenture which are as defined in the UCC shall have the meaning given such term in the UCCthat Article; (cd) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (de) the words “hereof,” ”, “herein” and “hereunder” and words of similar import refer to this Indenture Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this IndentureAgreement (or such certificate or document); (ef) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this IndentureAgreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (fg) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (i) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (j) references to any Person include that Person’s successors and assigns; assigns and (k) headings are for purposes of reference only and any references to any rating by S&P or Moody’s, as applicable, shall not otherwise affect mean the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singularequivalent rating, by such rating agency if such rating agency modifies its rating denomination system.
Appears in 1 contract
Other Interpretive Matters. All The terms defined directly or by incorporation in this Indenture shall have the defined meanings when used in any document delivered pursuant thereto unless otherwise defined therein. For purposes of this Indenture, unless the context otherwise requires: (a) accounting terms not otherwise defined herein and accounting terms partly defined herein to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the fiscal calendar of General Electric Company; (b) unless defined in this Indenture or the context otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term in the UCC; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “herein,” “hereof,” “herein” and “hereunder” and other words of similar import refer to this Indenture Agreement as a whole and not to any particular provision section, paragraph, or subdivision. Any pronoun used shall be deemed to cover all genders. In the computation of periods of time from a specified date to a later specified date, the word “from” means “from and including” and the words “to” and “until” each means “to but excluding.” The section titles, table of contents, and list of exhibits appear as a matter of convenience only and shall not affect the interpretation of this IndentureAgreement or any other Loan Document. All schedules, exhibits, annexes, and attachments referred to herein are hereby incorporated herein by this reference. All references to (a) statutes and related regulations shall include all related rules and implementing regulations and any amendments of same and any successor statutes, rules, and regulations; (eb) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Indenture, and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means and “including include” shall mean “including, without limitation”,” regardless of whether “without limitation” is included in some instances and not in others (and, for purposes of each Loan Document, the parties agree that the rule of ejusdem generis shall not be applicable to limit a general statement, which is followed by or referable to an enumeration of specific matters to matters similar to the matters specifically mentioned); and (gc) all references to dates and times shall mean the date and time at the Administrative Agent’s notice address determined under Section 11.1, unless otherwise specifically stated. All determinations (including calculations of any law include Borrowing Base and the regulations promulgated thereunder; (hFinancial Covenant) references to any law or regulation refer to that law or regulation as amended made from time to time and include under the Loan Documents shall be made in light of the circumstances existing at such time. No provision of any successor law Loan Documents shall be construed or regulation; (i) references interpreted to the disadvantage of any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms party hereto by reason of such agreement are party’s having, or being deemed to have, drafted, structured, or dictated such provision. A Default or Event of Default, if one occurs, shall “exist”, “continue” or be “continuing” until such Default or Event of Default, as applicable, has been waived or modified in writing in accordance with its terms; (j) references to any Person include that Person’s successors Section 11.12. All terms used herein which are defined in Article 9 of the UCC and assigns; (k) headings which are for purposes of reference only and shall not otherwise affect defined herein shall have the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singularsame meanings herein as set forth therein.
Appears in 1 contract
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of this IndentureAgreement and all related certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in this Agreement, and accounting terms partly defined herein in this Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesGAAP; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the GE Capital fiscal calendar of General Electric Companycalendar; (b) unless terms defined in Article 9 of the UCC as in effect in the applicable jurisdiction and not otherwise defined in this Indenture or the context otherwise requires, capitalized terms Agreement are used in this Indenture which are as defined in the UCC shall have the meaning given such term in the UCCthat Article; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this IndentureAgreement (or such certificate or document); (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this IndentureAgreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; and (ji) references to any Person include that Person’s successors and permitted assigns; (k) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 1 contract
Samples: Receivables Purchase and Contribution Agreement (GE Capital Credit Card Master Note Trust)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture Agreement shall have the defined meanings when used in any document delivered pursuant thereto hereto unless otherwise defined therein. For purposes of this IndentureAgreement, unless the context otherwise requires: (a) accounting terms not otherwise defined herein and accounting terms partly defined herein to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and (b) unless otherwise provided, references to any month, quarter or year refer to a fiscal calendar month, quarter or year as determined in accordance with the fiscal calendar of General Electric Companyyear; (bc) unless defined in this Indenture Agreement or the context otherwise requires, capitalized terms used in this Indenture Agreement which are defined in the UCC shall have the meaning given such term in the UCC; (cd) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (de) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture Agreement as a whole and not to any particular provision of this IndentureAgreement; (ef) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this IndentureAgreement, and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (fg) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (i) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; and (j) references to any Person include that Person’s successors and assigns; (k) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 1 contract
Samples: Trust Agreement (CDF Funding, Inc.)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture the Servicing Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of this Indenturethe Servicing Agreement and all such certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in such Agreement, and accounting terms partly defined herein in such Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the GE Capital fiscal calendar of General Electric Companycalendar; (b) unless terms defined in this Indenture or Article 9 of the context UCC and not otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term Agreement are used as defined in the UCCthat Article; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture such Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this Indenturesuch Agreement (or such certificate or document); (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Indenturesuch Agreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated amended or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (ji) references to any Person include that Person’s successors and assigns; (kj) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (lk) words in the singular include the plural and words in the plural include the singular.
Appears in 1 contract
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture Agreement shall have the defined meanings when used in any document delivered pursuant thereto unless otherwise defined therein. For purposes of this IndentureAgreement, unless the context otherwise requires: (a) accounting terms not otherwise defined herein and accounting terms partly defined herein to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the GE Capital fiscal calendar of General Electric Companycalendar; (b) unless defined in this Indenture Agreement or the context otherwise requires, capitalized terms used in this Indenture Agreement which are defined in the UCC shall have the meaning given such term in the UCC; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture Agreement as a whole and not to any particular provision of this IndentureAgreement; (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this IndentureAgreement, and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (ji) references to any Person include that Person’s successors and assigns; assigns and (kj) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 1 contract
Samples: Trust Agreement (GE Capital Credit Card Master Note Trust)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of this IndentureAgreement and all related certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in this Agreement, and accounting terms partly defined herein in this Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the GE Capital fiscal calendar of General Electric Companycalendar; (b) unless terms defined in Article 9 of the UCC as in effect in the applicable jurisdiction and not otherwise defined in this Indenture or the context otherwise requires, capitalized terms Agreement are used in this Indenture which are as defined in the UCC shall have the meaning given such term in the UCCthat Article; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this IndentureAgreement (or such certificate or document); (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this IndentureAgreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; and (ji) references to any Person include that Person’s successors and permitted assigns; (kj) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (lk) words in the singular include the plural and words in the plural include the singular.
Appears in 1 contract
Samples: Participation Interest Sale Agreement (Synchrony Financial)
Other Interpretive Matters. All The terms defined directly or by incorporation in this Indenture shall have the defined meanings when used in any document delivered pursuant thereto unless otherwise defined therein. For purposes of this Indenture, unless the context otherwise requires: (a) accounting terms not otherwise defined herein and accounting terms partly defined herein to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the fiscal calendar of General Electric Company; (b) unless defined in this Indenture or the context otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term in the UCC; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “herein,” “hereof,” “herein” and “hereunder” and other words of similar import refer to this Indenture Agreement as a whole and not to any particular provision section, paragraph, or subdivision. Any pronoun used shall be deemed to cover all genders. In the computation of periods of time from a specified date to a later specified date, the word “from” means “from and including” and the words “to” and “until” each means “to but excluding.” The section titles, table of contents, and list of exhibits appear as a matter of convenience only and shall not affect the interpretation of this IndentureAgreement or any Loan Document. All schedules, exhibits, annexes, and attachments referred to herein are hereby incorporated herein by this reference. All references to (a) statutes and related regulations shall include all related rules and implementing regulations and any amendments of same and any successor statutes, rules, and regulations; (eb) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Indenture, and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means and “including include” shall mean “including, without limitation”,” regardless of whether “without limitation” is included in some instances and not in others (and, for purposes of each Loan Document, the parties agree that the rule of ejusdem generis shall not be applicable to limit a general statement, which is followed by or referable to an enumeration of specific matters to matters similar to the matters specifically mentioned); and (gc) all references to dates and times shall mean the date and time at the Administrative Agent’s notice address determined under Section 10.1, unless otherwise specifically stated. All calculations of value of any law include Property, fundings of Loans and payments of Obligations shall be in Dollars and, unless the regulations promulgated thereunder; context otherwise requires, all determinations (hincluding calculations of Financial Covenants) references to any law or regulation refer to that law or regulation as amended made from time to time and include under the Loan Documents shall be made in light of the circumstances existing at such time. No provision of any successor law Loan Documents shall be construed or regulation; (i) references interpreted to the disadvantage of any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms party hereto by reason of such agreement are party’s having, or being deemed to have, drafted, structured, or dictated such provision. A Default or Event of Default, if one occurs, shall “exist”, “continue” or be “continuing” until such Default or Event of Default, as applicable, has been waived or modified in writing in accordance with its terms; (j) references to any Person include that Person’s successors Section 10.12. All terms used herein which are defined in Article 9 of the UCC and assigns; (k) headings which are for purposes of reference only and shall not otherwise affect defined herein shall have the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singularsame meanings herein as set forth therein.
Appears in 1 contract
Other Interpretive Matters. All The terms defined directly or by incorporation in this Indenture shall have the defined meanings when used in any document delivered pursuant thereto unless otherwise defined therein. For purposes of this Indenture, unless the context otherwise requires: (a) accounting terms not otherwise defined herein and accounting terms partly defined herein to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the fiscal calendar of General Electric Company; (b) unless defined in this Indenture or the context otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term in the UCC; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “herein,” “hereof,” “herein” and “hereunder” and other words of similar import refer to this Indenture Agreement as a whole and not to any particular provision section, paragraph, or subdivision. Any pronoun used shall be deemed to cover all genders. In the computation of periods of time from a specified date to a later specified date, the word “from” means “from and including” and the words “to” and “until” each means “to but excluding.” The section titles, table of contents, and list of exhibits appear as a matter of convenience only and shall not affect the interpretation of this IndentureAgreement or any Loan Document. All schedules, exhibits, annexes, and attachments referred to herein are hereby incorporated herein by this reference. All references to (a) statutes and related regulations shall include all related rules and implementing regulations and any amendments of same and any successor statutes, rules, and regulations; (eb) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Indenture, and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means and “including include” shall mean “including, without limitation”,” regardless of whether “without limitation” is included in some instances and not in others (and, for purposes of each Loan Document, the parties agree that the rule of ejusdem generis shall not be applicable to limit a general statement, which is followed by or referable to an enumeration of specific matters to matters similar to the matters specifically mentioned); and (gc) all references to dates and times shall mean the date and time at the Administrative Agent’s notice address determined under Section 10.1, unless otherwise specifically stated. All calculations of value of any law include Property, fundings of Loans, issuances of Letters of Credit and payments of Obligations shall be in Dollars and, unless the regulations promulgated thereunder; context otherwise requires, all determinations (hincluding calculations of the Financial Covenant) references to any law or regulation refer to that law or regulation as amended made from time to time and include under the Loan Documents shall be made in light of the circumstances existing at such time. No provision of any successor law Loan Documents shall be construed or regulation; (i) references interpreted to the disadvantage of any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms party hereto by reason of such agreement are party’s having, or being deemed to have, drafted, structured, or dictated such provision. A Default or Event of Default, if one occurs, shall “exist”, “continue” or be “continuing” until such Default or Event of Default, as applicable, has been waived or modified in writing in accordance with its terms; (j) references to any Person include that Person’s successors Section 10.12. All terms used herein which are defined in Article 9 of the UCC and assigns; (k) headings which are for purposes of reference only and shall not otherwise affect defined herein shall have the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singularsame meanings herein as set forth therein.
Appears in 1 contract
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture the Sale Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of the Sale Agreement (including in this IndentureAnnex A) and all related certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in such Agreement, and accounting terms partly defined herein in such Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the GE Capital Bank’s fiscal calendar of General Electric Companycalendar; (b) unless terms defined in this Indenture or Article 9 of the context UCC and not otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term Agreement are used as defined in the UCCthat Article; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture such Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this Indenturesuch Agreement (or such certificate or document); (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Indenturesuch Agreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (ji) references to any Person include that Person’s successors and assigns; and (kj) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 1 contract
Samples: Receivables Sale Agreement (GECB Equipment Funding, LLC)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture Agreement shall have the defined meanings when used in any document delivered pursuant thereto unless otherwise defined therein. For purposes of this IndentureAgreement, unless the context otherwise requires: (a) accounting terms not otherwise defined herein and accounting terms partly defined herein to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the GE Capital fiscal calendar of General Electric Companycalendar; (b) unless defined in this Indenture Agreement or the context otherwise requires, capitalized terms used in this Indenture Agreement which are defined in the UCC shall have the meaning given such term in the UCC; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture Agreement as a whole and not to any particular provision of this IndentureAgreement; (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this IndentureAgreement, and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (ji) references to any Person include that Person’s successors and assigns; and (kj) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 1 contract
Samples: Trust Agreement (GE Capital Credit Card Master Note Trust)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture the Servicing Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of this Indenturethe Servicing Agreement and all such certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in such Agreement, and accounting terms partly defined herein in such Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the GE Capital fiscal calendar of General Electric Companycalendar; (b) unless terms defined in this Indenture or Article 9 of the context UCC and not otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term Agreement are used as defined in the UCCthat Article; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “hereof,” “herein” and “hereunder” and words of similar import refer to this Indenture such Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this Indenturesuch Agreement (or such certificate or document); (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Indenturesuch Agreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “including” means “including without limitation”; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated amended or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; and (ji) references to any Person include that Person’s successors and assigns; (k) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 1 contract
Samples: Servicing Agreement (GE Capital Credit Card Master Note Trust)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture the Sale Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of the Sale Agreement (including in this IndentureAnnex B) and all related certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in such Agreement, and accounting terms partly defined herein in such Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and unless otherwise provided, references to any month, quarter or year refer to a fiscal month, quarter or year as determined in accordance with the Seller fiscal calendar of General Electric Companycalendar; (b) unless terms defined in this Indenture or Article 9 of the context UCC and not otherwise requires, capitalized terms used in this Indenture which are defined in the UCC shall have the meaning given such term Agreement are used as defined in the UCCthat Article; (c) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (d) the words “"hereof,” “" "herein” " and “"hereunder” " and words of similar import refer to this Indenture such Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this Indenturesuch Agreement (or such certificate or document); (e) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Indenturesuch Agreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (f) the term “"including” " means “"including without limitation”"; (g) references to any law include the regulations promulgated thereunder; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (ih) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; (ji) references to any Person include that Person’s successors and assigns; (k) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 1 contract
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture Agreement shall have the defined meanings when used in any document delivered pursuant thereto hereto unless otherwise defined therein. For purposes of this IndentureAgreement, unless the context otherwise requires: (a) accounting terms not otherwise defined herein and accounting terms partly defined herein to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles; and (b) unless otherwise provided, references to any month, quarter or year refer to a fiscal calendar month, quarter or year as determined in accordance with the fiscal calendar of General Electric Companyyear; (bc) unless defined in this Indenture Agreement or the context otherwise requires, capitalized terms used in this Indenture Agreement which are defined in the UCC shall have the meaning given such term in the UCC; (cd) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (de) the words “"hereof,” “" "herein” " and “"hereunder” " and words of similar import refer to this Indenture Agreement as a whole and not to any particular provision of this IndentureAgreement; (ef) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this IndentureAgreement, and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (fg) the term “"including” " means “"including without limitation”; (g) references to any law include the regulations promulgated thereunder"; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (i) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; and (j) references to any Person include that Person’s 's successors and assigns; (k) headings are for purposes of reference only and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.
Appears in 1 contract
Samples: Trust Agreement (CDF Funding, Inc.)
Other Interpretive Matters. All terms defined directly or by incorporation in this Indenture Agreement shall have the defined meanings when used in any certificate or other document delivered pursuant thereto unless otherwise defined therein. For purposes of this IndentureAgreement and all related certificates and other documents, unless the context otherwise requires: (a) accounting terms not otherwise defined herein in this Agreement, and accounting terms partly defined herein in this Agreement to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principlesGAAP; and (b) unless otherwise provided, references to any month, quarter or year refer to a fiscal calendar month, quarter or year as determined in accordance with the fiscal calendar of General Electric Companyyear; (bc) unless terms defined in Article 9 of the UCC as in effect in the applicable jurisdiction and not otherwise defined in this Indenture or the context otherwise requires, capitalized terms Agreement are used in this Indenture which are as defined in the UCC shall have the meaning given such term in the UCCthat Article; (cd) references to any amount as on deposit or outstanding on any particular date means such amount at the close of business on such day; (de) the words “"hereof,” “" "herein” " and “"hereunder” " and words of similar import refer to this Indenture Agreement (or the certificate or other document in which they are used) as a whole and not to any particular provision of this IndentureAgreement (or such certificate or document); (ef) references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this IndentureAgreement (or the certificate or other document in which the reference is made), and references to any paragraph, subsection, clause or other subdivision within any Section or definition refer to such paragraph, subsection, clause or other subdivision of such Section or definition; (fg) the term “"including” " means “"including without limitation”; (g) references to any law include the regulations promulgated thereunder"; (h) references to any law or regulation refer to that law or regulation as amended from time to time and include any successor law or regulation; (i) references to any agreement refer to that agreement as from time to time amended, restated or supplemented or as the terms of such agreement are waived or modified in accordance with its terms; and (j) references to any Person include that Person’s 's successors and permitted assigns; (k) headings are for purposes of reference only . Receivables Purchase and shall not otherwise affect the meaning or interpretation of any provision hereof; and (l) words in the singular include the plural and words in the plural include the singular.Contribution Agreement
Appears in 1 contract
Samples: Receivables Purchase and Contribution Agreement (CDF Funding, Inc.)