Common use of Other Rules of Interpretation Clause in Contracts

Other Rules of Interpretation. In this Agreement, unless specifically provided otherwise or the context otherwise requires: (a) the word “day” means calendar day, and the word “month” means calendar month; (b) the words “hereto”, “hereof”, “herein”, “hereby” and “hereunder” and words of similar import, when used in this Agreement, shall refer to this Agreement as a whole and not to any particular provision of this Agreement; (c) all references to “$” or dollars are to United States dollars; (d) references herein to a specific Article, Section, Exhibit or Schedule shall refer, respectively, to Articles, Sections, Exhibits or Schedules of this Agreement unless otherwise indicated; (e) heading references herein and the table of contents hereof are for convenience purposes only, and shall not be deemed to limit or affect the construction or interpretation of any of the provisions hereof; (f) wherever the word “include”, “includes” or “including” is used in this Agreement, it shall be deemed to be followed by the words “without limitation”; (g) the word “or” shall include both the conjunctive and disjunctive; (h) references to a specific time shall refer to the prevailing time in Port Huron, Michigan; (i) the word “extent” in the phrase “to the extent” shall mean the degree to which a subject or other thing extends and such phrase shall not mean simply “if”; (j) references to a Party mean the Party or its successors and permitted assigns; (k) any document or item shall be deemed “delivered”, “provided” or “made available” by Vendor within the meaning of this Agreement if such document or item is included in the “Falcon” datasite administered by Datasite LLC at least one (1) Business Days prior to the Signing Date; (l) any statute or regulation defined or referred to herein means such statute or regulation as from time to time amended, supplemented or modified, including by succession of comparable successor statutes or regulations; and (m) any agreement, instrument or writing defined or referred to herein means such agreement, instrument or writing, as from time to time amended, supplemented or modified prior to the date hereof.

Other Rules of Interpretation. In this Agreement, unless specifically provided otherwise or the context otherwise requiresa contrary intention appears: (a) the word “day” means calendar daya reference to any person is, where relevant, deemed to be a reference to or to include, as appropriate, that person's successors and the word “month” means calendar monthpermitted assignees or transferees; (b) the words “hereto”references to clauses and schedules are references to, “hereof”respectively, “herein”, “hereby” clauses of and “hereunder” and words of similar import, when used in this Agreement, shall refer schedules to this Agreement as a whole and not references to any particular provision of this AgreementAgreement include its schedules; (c) all references a reference to “$” (or dollars are to United States dollarsany specified provision of) any agreement or document is to be construed as a reference to that agreement or document (or that provision) as it may be amended from time to time, but excluding for this purpose any amendment which is contrary to any provision of the Intercreditor Deed or the Priority Deed; (d) references herein a reference to a specific Articlestatute, Sectionstatutory instrument or accounting standard or any provision thereof is to be construed as a reference to that statute, Exhibit statutory instrument or Schedule shall referaccounting standard or such provision thereof, respectively, as it may be amended or re-enacted from time to Articles, Sections, Exhibits or Schedules of this Agreement unless otherwise indicatedtime; (e) heading references herein and the table of contents hereof of and the headings in this Agreement are inserted for convenience purposes only, only and shall not are to be deemed to limit or affect the construction or interpretation of any of the provisions hereof;ignored in construing this Agreement; and (f) wherever words importing the word “include”plural shall include the singular and vice versa. IN WITNESS whereof this Agreement has been entered into the day and year first above written. This Bond Certificate is issued in respect of €1,164,519,839 in aggregate principal amount of the €1,164,519,839 Bonds due 30 June 2026, “includes” or “including” each in the denomination of €1 (the "Bonds") of FIMEP S.A. (the "Issuer"). Any reference herein to the " Conditions" is used in this Agreement, it to the terms and conditions of the Bonds endorsed hereon and any reference herein to a particular numbered Condition shall be deemed construed accordingly. This is to be followed certify that: [name of subscriber] of [address of subscriber] is the person registered in the register maintained by the words “Issuer in relation to the Bonds (the "Register") as the duly registered Holder of the Bonds represented by this Bond Certificate (the " Bondholder"). Subject to the Intercreditor Deed and the Priority Deed (each as defined in the Conditions), the Issuer, for value received, promises, all in accordance with the Conditions, to pay to the Bondholder, and the Bondholder is entitled to receive, the principal sum of: on such date or dates as the same may become due and payable in accordance with the Conditions, together with interest on such principal sum at the times and the rate specified in the Conditions. This Bond Certificate is evidence of entitlement only. Title to the Bonds passes only on due registration in the Register and only the Bondholder is entitled to payment in respect of this Bond Certificate. Transfers of these Bonds and registration of any transfer of this Bond Certificate are subject to the Conditions. As witness the manual signature of an authorised signatory of the Issuer. FIMEP S.A. Issued on: [•] 2003 By (authorised signatory) 5 FORM OF TRANSFER For value received, we, [name of registered Holder], being the registered Holder of the Bond(s) represented by this Bond Certificate (the "Transferor"), hereby transfer to: the "Transferee" €[ • ] in principal amount of the €1,164,519,839 Bonds due 30 June 2026 (the "Bonds") of FIMEP S.A. (the " Issuer") being [insert number of Bonds] Bonds represented by this Bond Certificate and to which this form of transfer relates, and we hereby irrevocably request and authorise the Issuer to effect the relevant transfer by means of appropriate entries in the Register relating to the Bonds. By its signature below, the Transferee acknowledges the terms and condition of the Bonds (the "Conditions"), including, without limitation”; , the subordination provisions contained in Condition 5 thereof. Dated: By: (gduly authorised) the word “or” shall include both the conjunctive and disjunctive; (h) references to a specific time shall refer to the prevailing time in Port Huron, Michigan; (i) the word “extent” in the phrase “to the extent” shall mean the degree to which a subject or other thing extends and such phrase shall not mean simply “if”; (j) references to a Party mean the Party or its successors and permitted assigns; (k) any document or item shall be deemed “delivered”, “provided” or “made available” by Vendor within the meaning of this Agreement if such document or item is included in the “Falcon” datasite administered by Datasite LLC at least one (1) Business Days prior to the Signing Date; (l) any statute or regulation defined or referred to herein means such statute or regulation as from time to time amended, supplemented or modified, including by succession of comparable successor statutes or regulations; and (m) any agreement, instrument or writing defined or referred to herein means such agreement, instrument or writing, as from time to time amended, supplemented or modified prior to the date hereof.By:

Other Rules of Interpretation. In this Agreement, unless (1) Except as may be otherwise specifically provided otherwise or in this Agreement and unless the context otherwise requires: , the Parties agree that (ai) the word terms “day” means calendar dayAgreement”, and “this Agreement”, “the word “month” means calendar month; (b) the words Agreement”, “hereto”, “hereof”, “herein”, “hereby” and ”, “hereunder” and words of similar import, when used in this Agreement, shall expressions refer to this Agreement as a whole in its entirety and not to any particular provision hereof; (ii) references to an “Article”, “Section”, “clause” or “Schedule” followed by a number or letter refer to the specified Article, Section or clause of or Schedule to this Agreement; ; (ciii) all references to “$” or dollars headings of Articles and Sections are to United States dollars; (d) references herein to a specific Article, Section, Exhibit or Schedule shall refer, respectively, to Articles, Sections, Exhibits or Schedules of this Agreement unless otherwise indicated; (e) heading references herein and the table of contents hereof are inserted for convenience purposes only, of reference only and shall not be deemed to limit or affect the construction or interpretation of any of the provisions hereof; this Agreement (fiv) wherever where the word “include”, “includesincluding” or “includingincludes” is used in this Agreement, it means “including without limitation” or “includes without limitation”; (v) all references to “tonnes” as a measure of mass in this Agreement are to dry metric tonnes; (vi) the language used in this Agreement is the language chosen by the Parties to express their mutual intent; (vii) unless the context otherwise requires, words importing the singular include the plural and vice versa and words importing gender include all genders; (viii) a reference to a statute includes all regulations made pursuant to and rules promulgated under such statute and, unless otherwise specified, any reference to a statute or regulation includes the provisions of any statute or regulation which amends, supplements or supersedes any such statute or any such regulation from time to time; (ix) except where the context otherwise requires, all references to agreements (including this Agreement) and other contractual instruments shall be deemed to be followed by a reference to such agreement or instrument as it may be amended, modified, restated, amended and restated, supplemented or extended from time to time; (x) time is of the words “without limitation”; essence in the performance of the Parties’ respective obligations under this Agreement; (gxi) all statements or references to dollar amounts in this Agreement are to US dollars; (xii) any rule of construction to the word “or” effect that any ambiguity is to be resolved against the drafting Party shall include both not be applicable in the conjunctive and disjunctive; interpretation of this Agreement; (hxiii) references to a specific time shall refer “indebtedness” includes any obligation (whether incurred as principal or as surety) for the payment or repayment of money, whether present or future, actual or contingent; and (xiv) certain amounts and figures are subject to the prevailing time adjustment in Port Huron, Michigan; (i) the word “extent” in the phrase “to the extent” shall mean the degree to which a subject or other thing extends and such phrase shall not mean simply “if”; (j) references to a Party mean the Party or its successors and permitted assigns; (k) any document or item shall be deemed “delivered”, “provided” or “made available” by Vendor within the meaning of this Agreement if such document or item is included in the “Falcon” datasite administered by Datasite LLC at least one (1) Business Days prior to the Signing Date; (l) any statute or regulation defined or referred to herein means such statute or regulation as from time to time amended, supplemented or modified, including by succession of comparable successor statutes or regulations; and (m) any agreement, instrument or writing defined or referred to herein means such agreement, instrument or writing, as from time to time amended, supplemented or modified prior to the date hereofaccordance with Clause 2A.2.

Other Rules of Interpretation. In this Agreement, unless (1) Except as may be otherwise specifically provided otherwise or in this Agreement and unless the context otherwise requires: , the Parties agree that (ai) the word terms “day” means calendar dayAgreement”, and “this Agreement”, “the word “month” means calendar month; (b) the words Agreement”, “hereto”, “hereof”, “herein”, “hereby” and ”, “hereunder” and words of similar import, when used in this Agreement, shall expressions refer to this Agreement as a whole in its entirety and not to any particular provision hereof; (ii) references to an “Article”, “Section”, “clause” or “Schedule” followed by a number or letter refer to the specified Article, Section or clause of or Schedule to this Agreement; ; (ciii) all references to “$” or dollars headings of Articles and Sections are to United States dollars; (d) references herein to a specific Article, Section, Exhibit or Schedule shall refer, respectively, to Articles, Sections, Exhibits or Schedules of this Agreement unless otherwise indicated; (e) heading references herein and the table of contents hereof are inserted for convenience purposes only, of reference only and shall not be deemed to limit or affect the construction or interpretation of any of the provisions hereof; this Agreement (fiv) wherever where the word “include”, “includesincluding” or “includingincludes” is used in this Agreement, it means “including without limitation” or “includes without limitation”; (v) all references to “ounces” as a measure of mass in this Agreement are to xxxx ounces; (vi) the language used in this Agreement is the language chosen by the Parties to express their mutual intent; (vii) unless the context otherwise requires, words importing the singular include the plural and vice versa and words importing gender include all genders; (viii) a reference to a statute includes all regulations made pursuant to and rules promulgated under such statute and, unless otherwise specified, any reference to a statute or regulation includes the provisions of any statute or regulation which amends, supplements or supersedes any such statute or any such regulation from time to time; (ix) except where the context otherwise requires, all references to agreements (including this Agreement) and other contractual instruments shall be deemed to be followed by a reference to such agreement or instrument as it may be amended, modified, restated, amended and restated, supplemented or extended from time to time; (x) time is of the words “without limitation”; essence in the performance of the Parties’ respective obligations under this Agreement; (gxi) all statements or references to dollar amounts in this Agreement are to US dollars; (xii) any rule of construction to the word “or” effect that any ambiguity is to be resolved against the drafting Party shall include both not be applicable in the conjunctive and disjunctive; interpretation of this Agreement; (hxiii) references to a specific time shall refer “indebtedness” includes any obligation (whether incurred as principal or as surety) for the payment or repayment of money, whether present or future, actual or contingent; and (xiv) certain amounts and figures are subject to the prevailing time adjustment in Port Huron, Michigan; (i) the word “extent” in the phrase “to the extent” shall mean the degree to which a subject or other thing extends and such phrase shall not mean simply “if”; (j) references to a Party mean the Party or its successors and permitted assigns; (k) any document or item shall be deemed “delivered”, “provided” or “made available” by Vendor within the meaning of this Agreement if such document or item is included in the “Falcon” datasite administered by Datasite LLC at least one (1) Business Days prior to the Signing Date; (l) any statute or regulation defined or referred to herein means such statute or regulation as from time to time amended, supplemented or modified, including by succession of comparable successor statutes or regulations; and (m) any agreement, instrument or writing defined or referred to herein means such agreement, instrument or writing, as from time to time amended, supplemented or modified prior to the date hereofaccordance with Clause 2A.2.