Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined.
Appears in 31 contracts
Samples: Term Loan Agreement (Wheeler Real Estate Investment Trust, Inc.), Term Loan Agreement (Cedar Realty Trust, Inc.), Term Loan Agreement (Wheeler Real Estate Investment Trust, Inc.)
Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this AgreementAgreement and the word “including” shall mean “including but not limited to”. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined.
Appears in 17 contracts
Samples: Loan Agreement (American Realty Capital New York City REIT, Inc.), Lease Agreement (American Realty Capital Hospitality Trust, Inc.), Loan Agreement (United Realty Trust Inc)
Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. Unless otherwise specified, the words “"hereof,” “" "herein” " and “"hereunder” " and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined.
Appears in 17 contracts
Samples: Loan Agreement (Beacon Capital Partners Inc), Loan Agreement (Reckson Associates Realty Corp), Loan Agreement (Kindercare Learning Centers Inc /De)
Principles of Construction. All references to sections sections, exhibits and schedules are to sections sections, exhibits and schedules in or to this Agreement unless otherwise specified. Unless otherwise specified, the words “"hereof,” “", "herein” " and “"hereunder” " and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined.
Appears in 9 contracts
Samples: Loan Agreement (Affordable Residential Communities Inc), Loan Agreement (Affordable Residential Communities Inc), Loan Agreement (Affordable Residential Communities Inc)
Principles of Construction. All references to sections sections, schedules and schedules exhibits are to sections sections, schedules and schedules exhibits in or to this Agreement unless otherwise specified. Unless otherwise specified, the words “"hereof,” “" "herein” " and “"hereunder” " and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined.
Appears in 5 contracts
Samples: Loan Agreement (Mei Holdings L P), Loan Agreement (Malibu Entertainment Worldwide Inc), Loan Agreement (Prentiss Properties Trust/Md)
Principles of Construction. (a) All references to sections Sections, subsections, Schedules and schedules Exhibits are to sections Sections, subsections, Schedules and schedules Exhibits in or to this Agreement unless otherwise specified. Unless otherwise specified, the The words “"hereof,” “" "herein” " and “"hereunder” " and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined.The term "
Appears in 4 contracts
Samples: Preferred Stock Issuance Agreement (Computerized Thermal Imaging Inc), Agreement and Plan of Merger (Credit Management Solutions Inc), Agreement and Plan of Merger (LOCAL.COM)
Principles of Construction. (a) All references to sections sections, schedules and schedules exhibits are to sections sections, schedules and schedules exhibits in or to this Agreement unless otherwise specified. Unless otherwise specified, the The words “"hereof,” “" "herein” ," "hereto" 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. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined.
Appears in 3 contracts
Samples: Warehouse Credit Agreement (Mortgage Com Inc), Warehouse Credit Agreement (Imc Mortgage Co), Warehouse Credit Agreement (Mortgage Com Inc)
Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. Unless otherwise specified, the words “"hereof,” “" "herein” " and “"hereunder” " and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both Agreement and the singular and plural forms of the terms so defined.word "
Appears in 3 contracts
Samples: Loan Agreement (Glimcher Realty Trust), Loan Agreement (Horizon Group Properties Inc), Loan Agreement (Reckson Operating Partnership Lp)
Principles of Construction. All references to sections Sections, Schedules and schedules Exhibits are to sections Sections, Schedules and schedules Exhibits in or to this Agreement unless otherwise specified. Unless otherwise specified, the The words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined.
Appears in 2 contracts
Samples: Security Agreement (Gerdau Ameristeel Corp), Credit Agreement (Gerdau Ameristeel Corp)
Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. The words “includes”, “including” and similar terms shall be construed as if followed by the words “without limitation”.
Appears in 2 contracts
Samples: Loan Agreement (Host Marriott Corp/), Loan Agreement (Host Marriott L P)
Principles of Construction. (a) All references to sections Sections, Schedules and schedules paragraphs are to sections Sections, Schedules and schedules paragraphs of Schedules in or to this Agreement unless otherwise specified. Unless otherwise specified, the The words “hereof,” “herein,” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision provisions of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined.
Appears in 2 contracts
Samples: Share Purchase Agreement (CDC Corp), Share Purchase Agreement (CDC Software CORP)
Principles of Construction. All references to sections sections, -------------------------- schedules and schedules exhibits are to sections sections, schedules and schedules exhibits in or to this Agreement unless otherwise specified. Unless otherwise specified, the The words “"hereof,” “" "herein” " and “"hereunder” " and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined.
Appears in 2 contracts
Samples: Credit Agreement (Ambac Financial Group Inc), Credit Agreement Credit Agreement (Yes Entertainment Corp)
Principles of Construction. (a) All references to sections sections, schedules and schedules exhibits are to sections sections, schedules and schedules exhibits in or to this Agreement unless otherwise specified. Unless otherwise specified, the The words “hereof,” “herein,” “hereto” 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. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined.
Appears in 2 contracts
Samples: Term Loan Agreement (Guild Holdings Co), Credit and Security Agreement (NorthStar Real Estate Income Trust, Inc.)
Principles of Construction. (a) All references to sections Sections, Schedules and schedules Exhibits are to sections Sections, Schedules and schedules Exhibits in or to this Agreement unless otherwise specified. Unless otherwise specified, the The words “"hereof,” “" "herein” " and “"hereunder” " and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined.
Appears in 2 contracts
Samples: Loan Agreement (Leitesol Industry & Commerce Inc.), Loan Agreement (Mastellone Brothers Inc)
Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. Unless otherwise specified, the words “hereof,” ”, “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this AgreementAgreement and the word “including” shall mean “including but not limited to”. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined.
Appears in 2 contracts
Samples: Loan Agreement (IMH Financial Corp), Loan Agreement (IMH Financial Corp)
Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. Unless otherwise specified, the words “"hereof,” “" "herein” " and “"hereunder” " and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this AgreementAgreement and the word "including" shall mean "including but not limited to". Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined.. ARTICLE2
Appears in 1 contract
Principles of Construction. (a) All references to sections sections, schedules and schedules exhibits are to sections sections, schedules and schedules exhibits in or to this Agreement unless otherwise specified. Unless otherwise specifiedThe words "hereof", the words “hereof,” “"herein” ", "hereto" 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. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined.
Appears in 1 contract
Principles of Construction. (A) All references to sections sections, schedules and schedules exhibits are to sections sections, schedules and schedules exhibits in or to this Agreement unless otherwise specified. Unless otherwise specified, the The words “"hereof,” “" "herein” " and “"hereunder” " and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined.
Appears in 1 contract
Samples: Credit Agreement (St Joe Co)
Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. Unless otherwise specified, the words “"hereof,” “" "herein” " and “"hereunder” " and words of similar import when used in this Agreement shall refer to this Agreement agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined.
Appears in 1 contract
Samples: Loan Agreement (Capstar Hotel Co)
Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this AgreementAgreement and the word “including” shall mean “including but not limited to”. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined.. Pool 1
Appears in 1 contract
Principles of Construction. All references to sections sections, schedules and schedules exhibits are to sections sections, schedules and schedules exhibits in or to this Agreement unless otherwise specified. Unless otherwise specified, the words “"hereof,” “" "herein” " and “"hereunder” " and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined. II.
Appears in 1 contract
Samples: Loan Agreement (Horizon Group Inc)
Principles of Construction. (a) All references to sections sections, schedules and schedules exhibits are to sections sections, schedules and schedules exhibits in or to this Agreement unless otherwise specified. Unless otherwise specified, the The words “"hereof,” “" "herein” ," and “"hereunder” " and words of similar import import, when used in this Agreement Agreement, shall refer to this Agreement as a whole and not to any particular provision provisions of this Agreement. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined.
Appears in 1 contract
Samples: Stock Purchase Agreement (Churchill Environmental & Industrial Equity Partners Lp)
Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. Unless otherwise specified, the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this AgreementAgreement and the word “including” shall EAST\87098743.3 mean “including but not limited to”. Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms of the terms so defined.
Appears in 1 contract
Samples: Loan Agreement (Cole Credit Property Trust V, Inc.)
Principles of Construction. All references to sections and schedules are to sections and schedules in or to this Agreement unless otherwise specified. Unless otherwise specified, the words “"hereof,” “" "herein” " and “"hereunder” " and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this AgreementAgreement and the word "including" shall mean "including but not limited to". Unless otherwise specified, all meanings attributed to defined terms herein shall be equally applicable to both the singular and plural forms fonns of the terms so defined.. ARTICLE2
Appears in 1 contract
Principles of Construction. All references to sections sections, schedules and schedules exhibits are to sections sections, schedules and schedules exhibits in or to this Agreement unless otherwise specified. Unless otherwise specified, the The words “"hereof,” “" "herein” ," "hereto" 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. Unless otherwise specified, all meanings attributed to All accounting terms not specifically defined terms herein shall be equally applicable to both construed in accordance with GAAP in conformity with those used in the singular and plural forms preparation of the terms so definedfinancial statements referred to in Section 6.05(a).
Appears in 1 contract
Samples: Credit Agreement (E Loan Inc)
