Common use of Other Interpretive Matters Clause in Contracts

Other Interpretive Matters. In this Agreement, unless a clear contrary intention appears: (a) the singular number includes the plural number and vice versa; (b) reference to any Person includes such Person’s successors and assigns but only if such successors and assigns are permitted by this Agreement and reference to a Person in a particular capacity excludes such Person in any other capacity; (c) reference to any gender includes each other gender; (d) reference to any agreement (including this Agreement and the schedules hereto), document or instrument means such agreement, document or instrument as amended or modified and in effect from time to time in accordance with the terms 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); (e) reference to any applicable law means such applicable law as amended, modified, codified or reenacted, in whole or in part, and in effect from time to time, including rules and regulations promulgated thereunder and reference to any particular provision of any applicable law shall be interpreted to include any revision of or successor to that provision regardless of how numbered or classified; (f) reference to any Article or Section means such Article or Section hereof; (g) “hereunder,” “hereof,” “hereto” and words of similar import shall be deemed references to this Agreement as a whole and not to any particular Section or other provision hereof; and (h) “including” (and with correlative meaning “include”) means including without limiting the generality of any description preceding such term.

Appears in 5 contracts

Samples: Membership Interests Purchase Agreement (Jacobs Entertainment Inc), Membership Interests Purchase Agreement (Jacobs Entertainment Inc), Membership Interests Purchase Agreement (Jacobs Entertainment Inc)

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Other Interpretive Matters. In this Agreement, unless a clear contrary intention appears: (a) the singular number includes the plural number and vice versa; (b) reference to any Person includes such Person’s successors and assigns but but, if applicable, only if such successors and assigns are permitted by this Agreement and reference to a Person in a particular capacity excludes such Person in any other capacity; (c) reference to any gender includes each other gender; (d) reference to any agreement (including this Agreement and the schedules Schedules and Exhibits hereto), document or instrument means such agreement, document or instrument as amended or modified and in effect from time to time in accordance with the terms 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); (e) reference to any applicable law means such applicable law as amended, modified, codified or reenacted, in whole or in part, and in effect from time to time, including rules and regulations promulgated thereunder and reference to any particular provision of any applicable law shall be interpreted to include any revision of or successor to that provision regardless of how numbered or classified; (f) reference to any Article Article, Section or Section Exhibit means such Article or Section hereofhereof or such Exhibit hereto; (g) “hereunder,” “hereof,” “hereto” and words of similar import shall be deemed references to this Agreement as a whole and not to any particular Section or other provision hereof; and (h) “including” (and with correlative meaning “include”) means including without limiting the generality of any description preceding such term.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Colonial Downs, LLC), Asset Purchase Agreement (Jacobs Entertainment Inc)

Other Interpretive Matters. In this Agreement, unless Unless a clear contrary intention appears: (a) the singular number includes the plural number and vice versa; (b) reference to any Person party includes such Personparty’s successors and assigns but but, if applicable, only if such successors and assigns are permitted by this Agreement Agreement, and reference to a Person party in a particular capacity excludes such Person party in any other capacitycapacity or individually; (c) reference to any gender includes each other gender, the masculine, the feminine and neuter; (d) reference to any agreement (including this Agreement and the schedules heretoAgreement), document or instrument means such agreement, document or instrument as amended or modified and in effect from time to time in accordance with the terms 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); (e) reference to any applicable law means such applicable law as amended, modified, codified or reenacted, in whole or in part, and in effect from time to time, including rules and regulations promulgated thereunder and reference to any particular provision of any applicable law shall be interpreted to include any revision of or successor to that provision regardless of how numbered or classified; (f) reference to any Article or Section means such Article or Section hereof; (g) “hereunder,” “hereof,” “hereto” and words of similar import shall be deemed references to this Agreement as a whole and not to any particular Section or other provision hereof; and (h) “including” (and with correlative meaning “include”) means including without limiting the generality of any description preceding such term; (i) relative to the determining of any period of time, “from” means “from and including” and “to” and “through” mean “to and including”; (j) “or”, “either” and “any” are not exclusive; and (k) references to any Subsidiary of a party shall be given effect only at such times as such party has one or more Subsidiaries.

Appears in 1 contract

Samples: Investor Rights Agreement (TVAX Biomedical, Inc.)

Other Interpretive Matters. In this Agreement, the Note and each other Financing Document to which the Purchaser or any WSI Party is a party, unless a clear contrary intention appears: (ai) the singular number includes the plural number and vice versa; (bii) reference to any Person includes such Person’s 's successors and assigns but but, if applicable, only if such successors and assigns are permitted by this Agreement or such other Financing Document, and reference to a Person in a particular capacity excludes such Person in any other capacitycapacity or individually; (ciii) reference to any gender includes each other gender; (div) reference to any agreement (including this Agreement and the schedules Schedules hereto), document or instrument means such agreement, document or instrument as amended or modified and in effect from time to time in accordance with the terms 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); (ev) reference to any applicable law means such applicable law as amended, modified, codified or reenacted, in whole or in part, and in effect from time to time, including rules and regulations promulgated thereunder and reference to any particular provision of any applicable law shall be interpreted to include any revision of or successor to that provision regardless of how numbered or classified; (fvi) reference to any Article Article, Section or Section Exhibit means such Article or Section hereofhereof or such Exhibit hereto; (gvii) "hereunder,” “" "hereof,” “" "hereto" and words of similar import shall be deemed references to this Agreement as a whole and not to any particular Section or other provision hereof; and (h) “including” (and with correlative meaning “include”) means including without limiting the generality of any description preceding such term.or

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Cohen Phillip Ean)

Other Interpretive Matters. In this Agreement, unless a clear contrary intention appears: (a) the singular number includes the plural number and vice versa; (b) reference to any Person includes such Person’s successors and assigns but but, if applicable, only if such successors and assigns are permitted by this Agreement and reference to a Person in a particular capacity excludes such Person in any other capacity; (c) reference to any gender includes each other gender; (d) reference to any agreement (including this Agreement and the schedules Schedules and Exhibits hereto), document or instrument means such agreement, document or instrument as amended or modified and in effect from time to time in accordance with the terms 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); (e) reference to any applicable law means such applicable law as amended, modified, codified or reenacted, in whole or in part, and in effect from time to time, including rules and regulations promulgated thereunder and reference to any particular provision of any applicable law shall be interpreted to include any revision of or successor to that provision regardless of how numbered or classified; (f) reference to any Article Article, Section or Section Exhibit means such Article or Section hereofhereof or such Exhibit hereto; (g) “hereunder,” “hereof,” “hereto” and words of similar import shall be deemed references to this Agreement as a whole and not to any particular Section or other provision hereof; and (h) including” (and with correlative meaning “include”) means including without limiting the generality of any description preceding such term.

Appears in 1 contract

Samples: Asset Purchase Agreement (Jacobs Entertainment Inc)

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Other Interpretive Matters. In this Agreement, the Note, and each other Transaction Document to which Purchaser and a Credit Party are parties, unless a clear contrary intention appears: (ai) the singular number includes the plural number and vice versa; (bii) reference to any Person includes such Person’s successors and assigns but but, if applicable, only if such successors and assigns are permitted by this Agreement or such other Transaction Document, and reference to a Person in a particular capacity excludes such Person in any other capacitycapacity or individually; (ciii) reference to any gender includes each other gender; (div) reference to any agreement (including this Agreement and the schedules Schedules hereto), document or instrument means such agreement, document or instrument as amended or modified and in effect from time to time in accordance with the terms 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); (ev) reference to any applicable law means such applicable law as amended, modified, codified or reenacted, in whole or in part, and in effect from time to time, including rules and regulations promulgated thereunder and reference to any particular provision of any applicable law shall be interpreted to include any revision of or successor to that provision regardless of how numbered or classified; (fvi) reference to any Article Article, Section or Section Exhibit means such Article or Section hereofhereof or such Exhibit hereto; (gvii) “hereunder,” “hereof,” “hereto” and words of similar import shall be deemed references to this Agreement as a whole and not to any particular Section or other provision hereof; and (hviii) “including” (and with correlative meaning “include”) means including without limiting the generality of any description preceding such term; (ix) relative to the determining of any period of time, “from” means “from and including” and “to” and “through” means “to and including”; (x) “or”, “either” and “any” are not exclusive; and (xi) references to any Subsidiary of a Person shall be given effect only at such times as such Person has one or more Subsidiaries.

Appears in 1 contract

Samples: Senior Note Purchase Agreement (As Seen on TV, Inc.)

Other Interpretive Matters. In this Agreement, unless Unless a clear contrary intention appears: (a) the singular number includes the plural number and vice versa; (b) reference to any Person includes such Person’s successors and assigns but only if such successors and assigns are permitted by this Agreement and reference to a Person in a particular capacity excludes such Person in any other capacity; (c) reference to any gender includes each other gender, the masculine, the feminine and neuter; (dc) reference to any agreement (including this Agreement and the schedules heretoAgreement), document or instrument means such agreement, document or instrument as amended or modified and in effect from time to time in accordance with the terms 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); (ed) reference to any applicable law means such applicable law as amended, modified, codified or reenacted, in whole or in part, and in effect from time to time, including rules and regulations promulgated thereunder and reference to any particular provision of any applicable law shall be interpreted to include any revision of or successor to that provision regardless of how numbered or classified; (f) reference to any Article or Section means such Article or Section hereof; (ge) “hereunder,” “hereof,” “hereto” and words of similar import shall be deemed references to this Agreement as a whole and not to any particular Section section or other provision hereof; and (hf) “including” (and with correlative meaning “include”) means including without limiting the generality of any description preceding such term; (g) “or”, “either” and “any” are not exclusive.

Appears in 1 contract

Samples: 8.5% Senior Secured Convertible Debenture and Warrant Purchase Agreement (Glen Rose Petroleum CORP)

Other Interpretive Matters. In this Agreement, the Notes, the Warrants, and each other Transaction Document to which one or more of the Purchasers and Holdings or an Affiliate thereof are the sole parties thereto, unless a clear contrary intention appears: : (a) the singular number includes the plural number and vice versa; (b) reference to any Person includes such Person’s 's successors and assigns but but, if applicable, only if such successors and assigns are permitted by this Agreement Agreement, and reference to a Person in a particular capacity excludes such Person in any other capacitycapacity or individually; (c) reference to any gender includes each other gender; (d) reference to any agreement (including this Agreement and the schedules heretoAgreement), document or instrument means such agreement, document or instrument as amended or modified and in effect from time to time in accordance with the terms 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 hereofthereof); (e) reference to any applicable law means such applicable law as amended, modified, codified or reenacted, in whole or in part, and in effect from time to time, including rules and regulations promulgated thereunder and reference to any particular provision of any applicable law shall be interpreted to include any revision of or successor to that provision regardless of how numbered or classified; (f) reference to any Article Article, Section or Section Exhibit means such Article or Section hereofhereof or such Exhibit hereto; (g) "hereunder,” “" "hereof,” “hereto” " and words of similar import shall be deemed references to this Agreement as a whole and not to any particular Section or other provision hereof; and (h) "including" (and with correlative meaning "include") means including without limiting the generality of any description preceding proceeding such term; (i) relative to the determining of any period of time, "from" means "from and including" and "to" and "through" means "to but exclude"; (j) "or", "either" and "any" are not exclusive; and (k) references to ay Subsidiary of a Person shall be given effect only at such times as such Person has one or more Subsidiaries.

Appears in 1 contract

Samples: Senior Secured Note and Warrant Purchase Agreement (International Wireless Communications Holdings Inc)

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