Common use of Principles of Interpretation Clause in Contracts

Principles of Interpretation. The definitions of terms herein shall apply equally to the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. The word “will” shall be construed to have the same meaning and effect as the word “shall”. Unless the context requires otherwise (a) any definition of or reference to any agreement, instrument or other document herein shall be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein), (b) any reference herein to any Person shall be construed to include such Person’s successors and assigns, (c) any reference herein to any Applicable Law means such Applicable Law as amended, modified, codified, replaced, or reenacted, in whole or in part, and in effect from time to time, including rules and regulations promulgated thereunder and reference to any section or other provision of any Applicable Law means that section or provision of such Applicable Law from time to time in effect and any amendment, modification, codification, replacement, or reenactment of such section or other provision, (d) the words “herein”, “hereof” and “hereunder”, and words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof, (e) all references herein to Articles, Sections, Exhibits and Schedules shall be construed to refer to Articles and Sections of, and Exhibits and Schedules to, this Agreement and (f) the words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties, including cash, securities, Equity Interests, accounts and contract rights, and (g) all references to “days” shall mean calendar days. This Agreement is the result of negotiations among the parties thereto and their respective counsel. Accordingly, this Agreement shall be deemed the product of all parties thereto, and no ambiguity in this Agreement shall be construed in favor of or against any Credit Party or any Secured Party.

Principles of Interpretation. The definitions In this Agreement (including, for the avoidance of terms herein shall apply equally to doubt, the singular Exhibits, Appendices, Attachments, Recitals and plural forms of the terms defined. Whenever Schedules identified in this Agreement), unless the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. The word “will” shall be construed to have the same meaning and effect as the word “shall”. Unless the context requires otherwise requires: (a) words denoting the singular include the plural and vice versa; (b) words denoting a gender include all genders; (c) all exhibits, appendices, attachments, recitals, and schedules to the document in which the reference thereto is contained shall, unless the context otherwise requires, constitute an integral part of such document for all purposes; (d) a reference to a particular clause, section, article, exhibit, appendix, attachment, recital, or schedule shall be a reference to a clause, section or article of, or an exhibit, appendix, attachment, recital, or schedule to, this Agreement; (e) a reference to any statute, regulation, amendment, ordinance or law includes all statutes, regulations, proclamations, amendments or laws varying, consolidating or replacing the same from time to time, and a reference to a statute includes all regulations, policies, protocols, codes, proclamations, interpretations and ordinances issued or otherwise applicable under that statute unless, in any such case, otherwise expressly provided in any such statute or in the document in which the reference is contained; (f) a reference to a “SEC Rule” refers to the correspondingly numbered Rule promulgated under the Exchange Act; (g) a definition of or reference to any agreementdocument, instrument or other document herein shall be construed as referring to agreement includes an amendment or supplement to, or restatement, replacement, modification or novation of, any such agreementdocument, instrument or other document as from time to time amended, supplemented agreement unless otherwise specified in such definition or otherwise modified in the context in which such reference is used; (subject to any restrictions on such amendments, supplements or modifications set forth herein), (bh) any a reference herein to any Person shall be construed to include includes such Person’s permitted successors and assigns, assigns in that designated capacity; (ci) any reference herein to any Applicable Law means such Applicable Law as amended, modified, codified, replaced, or reenacted, in whole or in part, and in effect from time to time, including rules and regulations promulgated thereunder and a reference to any section “$”, “Dollars” or other provision “US $” refers to currency of the United States of America; (j) unless otherwise expressly provided in this Agreement, wherever the consent of any Applicable Law means that section Person is required or provision of permitted herein, such Applicable Law from time to time consent may be withheld in effect such Person’s sole and any amendmentabsolute discretion; (k) words such as “hereunder”, modification, codification, replacement, or reenactment of such section or other provision, (d) the words “hereinhereto”, “hereof” and “hereunder”, herein” and other words of similar import, import shall be construed to refer to this Agreement in its entirety the whole of the applicable document and not to any particular provision hereofarticle, section, subsection or clause thereof; and (el) all references herein to Articles, Sections, Exhibits and Schedules shall be construed to refer to Articles and Sections of, and Exhibits and Schedules to, this Agreement and (f) the words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties, including cash, securities, Equity Interests, accounts and contract rights, and (g) all references a reference to “daysincluding” shall mean calendar days. This Agreement is the result of negotiations among the parties thereto (and their respective counsel. Accordingly, this Agreement shall be deemed the product of all parties thereto, grammatical variations thereof) means “including without limitation” (and no ambiguity in this Agreement shall be construed in favor of or against any Credit Party or any Secured Partygrammatical variations thereof).

Principles of Interpretation. The definitions In this Agreement (including, for the avoidance of terms herein shall apply equally to doubt, the singular Exhibits, Appendices, Attachments, Recitals and plural forms of the terms defined. Whenever Schedules identified in this Agreement), unless the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. The word “will” shall be construed to have the same meaning and effect as the word “shall”. Unless the context requires otherwise requires:‌ (a) words denoting the singular include the plural and vice versa; (b) words denoting a gender include all genders; (c) all exhibits, appendices, attachments, recitals, and schedules to the document in which the reference thereto is contained shall, unless the context otherwise requires, constitute an integral part of such document for all purposes; (d) a reference to a particular clause, section, article, exhibit, appendix, attachment, recital, or schedule shall be a reference to a clause, section or article of, or an exhibit, appendix, attachment, recital, or schedule to, this Agreement; (e) a reference to any statute, regulation, amendment, ordinance or law includes all statutes, regulations, proclamations, amendments or laws varying, consolidating or replacing the same from time to time, and a reference to a statute includes all regulations, policies, protocols, codes, proclamations, interpretations and ordinances issued or otherwise applicable under that statute unless, in any such case, otherwise expressly provided in any such statute or in the document in which the reference is contained; (f) a reference to a “SEC Rule” refers to the correspondingly numbered Rule promulgated under the Exchange Act; (g) a definition of or reference to any agreementdocument, instrument or other document herein shall be construed as referring to agreement includes an amendment or supplement to, or restatement, replacement, modification or novation of, any such agreementdocument, instrument or other document as from time to time amended, supplemented agreement unless otherwise specified in such definition or otherwise modified in the context in which such reference is used; (subject to any restrictions on such amendments, supplements or modifications set forth herein), (bh) any a reference herein to any Person shall be construed to include includes such Person’s permitted successors and assigns, assigns in that designated capacity; (ci) any reference herein to any Applicable Law means such Applicable Law as amended, modified, codified, replaced, or reenacted, in whole or in part, and in effect from time to time, including rules and regulations promulgated thereunder and a reference to any section “$”, “Dollars” or other provision “US $” refers to currency of the United States of America; (j) unless otherwise expressly provided in this Agreement, wherever the consent of any Applicable Law means that section Person is required or provision of permitted herein, such Applicable Law from time to time consent may be withheld in effect such Person’s sole and any amendmentabsolute discretion; (k) words such as “hereunder”, modification, codification, replacement, or reenactment of such section or other provision, (d) the words “hereinhereto”, “hereof” and “hereunder”, herein” and other words of similar import, import shall be construed to refer to this Agreement in its entirety the whole of the applicable document and not to any particular provision hereofarticle, section, subsection or clause thereof; and (el) all references herein to Articles, Sections, Exhibits and Schedules shall be construed to refer to Articles and Sections of, and Exhibits and Schedules to, this Agreement and (f) the words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties, including cash, securities, Equity Interests, accounts and contract rights, and (g) all references a reference to “daysincluding” shall mean calendar days. This Agreement is the result of negotiations among the parties thereto (and their respective counsel. Accordingly, this Agreement shall be deemed the product of all parties thereto, grammatical variations thereof) means “including without limitation” (and no ambiguity in this Agreement shall be construed in favor of or against any Credit Party or any Secured Partygrammatical variations thereof).

Principles of Interpretation. The definitions Terms defined in this Deed by reference to any other agreement, document or instrument shall have the meanings assigned to them in such agreement, document or instrument. In this Deed, unless the context otherwise requires: (a) reference to an “amendment” includes a supplement, modification, amendment, novation, accession, replacement or re-enactment and “amended” is to be construed accordingly; (b) a reference to “assets” includes all properties whatsoever both present and future, (whether tangible, intangible or otherwise) (including intellectual property and intellectual property rights), investments, cash-flows, revenues, rights, benefits, interests and title of terms herein shall apply equally every description; (c) a reference to “consent” or “approval” or “permission” includes a clearance, resolution, licence, exemption, filing, registration, authorisation, consent, approval, permission; (d) the singular includes the plural and plural forms vice versa; (e) capitalized terms defined in the provisions of the terms defined. Whenever the context may requirethis Deed, any pronoun shall include the corresponding masculine, feminine and neuter forms. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. The word “will” shall be construed to have the same meaning and effect as the word “shall”. Unless the context requires otherwise (a) any definition of or reference to any agreement, instrument or other document herein shall be construed as referring ascribed to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein), (b) any reference herein to any Person shall be construed to include such Person’s successors and assigns, (c) any reference herein to any Applicable Law means such Applicable Law as amended, modified, codified, replaced, or reenacted, term in whole or in part, and in effect from time to time, including rules and regulations promulgated thereunder and reference to any section or other provision of any Applicable Law means that section or provision of such Applicable Law from time to time in effect and any amendment, modification, codification, replacement, or reenactment of such section or other provision, (d) the words “herein”, “hereof” and “hereunder”, and words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof, (e) all references herein to Articles, Sections, Exhibits and Schedules shall be construed to refer to Articles and Sections of, and Exhibits and Schedules to, this Agreement and entire Deed; (f) the words “asset” ‘hereof’, ‘herein’, and “property” ‘hereto’ and words of similar import when used with reference to a specific Section in, or Schedule to or Annexure to, this Deed shall refer to such Section in, or Schedule to or Annexures to, this Deed, and when used otherwise than in connection with specific Sections or Schedules or Annexure, shall refer to this Deed as a whole; (g) headings and the use of bold typeface shall be ignored in its construction; (h) a reference to a Section or Schedule or Annexure is a reference to a section or schedule or annexure to this Deed; (i) references to this Deed shall be construed to have the same meaning and effect and to refer as references also to any and all tangible and intangible assets and properties, including cash, securities, Equity Interests, accounts and contract rights, and (g) all references to “days” shall mean calendar days. This Agreement is the result of negotiations among the parties thereto and their respective counsel. Accordingly, this Agreement shall be deemed the product of all parties thereto, and no ambiguity separate or independent stipulation or agreement contained in this Agreement shall be construed in favor of or against any Credit Party or any Secured Party.it;

Principles of Interpretation. The definitions of terms herein shall apply equally to the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. The word “will” shall be construed to have the same meaning and effect as the word “shall”. Unless the context requires otherwise (a) any definition of or reference to any agreement, instrument or other document herein shall be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein), (b) any reference herein to any Person shall be construed to include such Person’s successors and assigns, (c) any reference herein to any Applicable Law means such Applicable Law as amended, modified, codified, replaced, or reenacted, in whole or in part, and in effect from time to time, including rules and regulations promulgated thereunder and reference to any section or other provision of any Applicable Law means that section or provision of such Applicable Law from time to time in effect and any amendment, modification, codification, replacement, or reenactment of such section or other provision, (d) the words “herein”, “hereof” and “hereunder”, and words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof, (e) all references herein to Articles, Sections, Exhibits and Schedules shall be construed to refer to Articles and Sections of, and Exhibits and Schedules to, this Agreement and (f) the words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties, including cash, securities, Equity Interests, accounts and contract rights, and (g)  all references to “days” shall mean calendar days. This Agreement is the result of negotiations among the parties thereto and their respective counsel. Accordingly, this Agreement shall be deemed the product of all parties thereto, and no ambiguity in this Agreement shall be construed in favor of or against any Credit Party or any Secured Party.

Principles of Interpretation. The definitions In the interpretation of terms herein shall apply equally to this Agreement, unless the context otherwise requires: (a) Words importing a gender include any gender. (b) Words importing the singular and plural forms of the terms defined. Whenever the context may require, any pronoun number shall include the corresponding masculineplural and vice versa. (c) References to persons shall include individuals, feminine sole proprietorships, partnerships, associations, trusts, joint ventures, unincorporated organizations, corporations, States, governments and neuter formsgovernmental entities. (d) References in this Agreement to any statute, law, decree, regulation, or other Legal Requirement shall be construed as a reference to such statute, law, decree, regulation, or other Legal Requirement as re-enacted, re-designated, amended, or extended from time to time, except as otherwise provided in this Agreement. (e) A reference to any person, Party, or entity includes its permitted successors and assigns. A reference to any government Agency or authority shall include any Agency or authority succeeding to such Agency’s or authority’s powers and functions. (f) The words “include”, “includes” and or “including” shall be deemed to be followed by the phrase “without limitation”. The word ” or “willbut not limited to,” whether or not they are followed by such phrases or words with the same meaning. (g) References to a number of days shall refer to calendar days and references to “months” shall be construed refer to have calendar months. (h) The division of this Agreement into articles, clauses and sections and the same meaning insertion of headings are for convenience of reference only and effect as shall not affect the word “shall”. Unless the context requires otherwise construction or interpretation of this Agreement. (ai) any definition of or reference to any agreementThe terms "this Agreement", instrument or other document herein shall be construed as referring to such agreement"hereof", instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein), (b) any reference herein to any Person shall be construed to include such Person’s successors "hereunder" and assigns, (c) any reference herein to any Applicable Law means such Applicable Law as amended, modified, codified, replaced, or reenacted, in whole or in part, and in effect from time to time, including rules and regulations promulgated thereunder and reference to any section or other provision of any Applicable Law means that section or provision of such Applicable Law from time to time in effect and any amendment, modification, codification, replacement, or reenactment of such section or other provision, (d) the words “herein”, “hereof” and “hereunder”, and words of similar import, shall be construed to expressions refer to this Agreement in its entirety and not to any particular provision hereofarticle, clause, section or other portion hereof and include any agreement supplemental hereto. (ej) all references herein to ArticlesUnless something in the subject matter or context is inconsistent therewith, Sections, Exhibits and Schedules shall be construed to refer to Articles and Sections of, and Exhibits and Schedules to, this Agreement and (f) the words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties, including cash, securities, Equity Interests, accounts and contract rights, and (g) all references to “days” shall mean calendar days. This Agreement is the result articles, clauses, sections and schedules are to articles, clauses, sections and schedules of negotiations among the parties thereto and their respective counsel. Accordingly, this Agreement shall be deemed the product Agreement. (k) No provision of all parties thereto, and no ambiguity in this Agreement shall be construed in favor adversely to a Party solely on the ground that that Party was responsible for the preparation of this Agreement or against any Credit Party or any Secured Partythat provision. ARTICLE I CONDITIONS PRIOR TO EFFECTIVE DATE

Principles of Interpretation. The definitions of terms herein shall apply equally to the singular and plural forms of the terms defined. Whenever the context may requireIn this Agreement, any pronoun shall include the corresponding masculine, feminine and neuter forms. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. The word “will” shall be construed to have the same meaning and effect as the word “shall”. Unless the context requires otherwise unless a clearly contrary intention appears (a) any definition of or the singular number includes the plural number and vice versa; (b) reference to any agreementperson includes such person’s successors and assigns 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), document or instrument or other document herein shall be construed as referring to means such agreement, document or instrument as amended or other document as modified and in effect from time to time amendedin accordance with the terms thereof and, supplemented or otherwise modified if applicable, the terms hereof; (subject e) reference to any restrictions on Article, Section, Schedule or Exhibit means such amendmentsArticle, supplements Section, Schedule or modifications set forth herein)Exhibit to this Agreement, (b) and references in any reference herein Article, Section, Schedule, Exhibit or definition to any Person shall be construed clause means such clause of such Article, Section, Schedule, Exhibit or definition; (f) “hereunder,” “hereof,” “hereto,” “herein” “herefrom” and words of similar import are reference to include such Person’s successors this Agreement as a whole and assigns, (c) any reference herein not to any Applicable Law particular Section, Article or other provision hereof; (g) relative to the determination of any period of time, “from” means “from and including,” “to” means “to but excluding” and “through” means “through and including;” (h) “including” (and with correlative meaning “include”) means including without limiting the generality of any description preceding such term; (i) reference to any law (including statutes and ordinances) means such Applicable Law law as amended, modified, codified, replaced, 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 section or other provision of any Applicable Law means that section or provision of such Applicable Law from time to time in effect and any amendment, modification, codification, replacement, or reenactment of such section or other provision, (d) the words “herein”, “hereof” and “hereunder”, and words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof, (e) all references herein to Articles, Sections, Exhibits and Schedules shall be construed to refer to Articles and Sections of, and Exhibits and Schedules to, this Agreement and (f) the words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties, including cash, securities, Equity Interests, accounts and contract rightsthereunder, and (gj) all references to “days” shall mean calendar days. This Agreement is the result of negotiations among the parties thereto and their respective counsel. Accordingly, this Agreement shall be deemed the product of all parties thereto, and no ambiguity in this Agreement shall be construed in favor of or against any Credit Party or any Secured Partyunless otherwise indicated.

Principles of Interpretation. The definitions of terms herein shall apply equally to the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. The word “will” shall be construed to have the same meaning and effect as the word “shall”. Unless the context requires otherwise (a) any definition of or reference to any agreement, instrument or other document herein shall be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein), (b) any reference herein to any Person shall be construed to include such Person’s successors and assigns, (c) any reference herein to any Applicable Law means such Applicable Law as amended, modified, codified, replaced, or reenacted, in whole or in part, and in effect from time to time, including rules and regulations promulgated thereunder and reference to any section or other provision of any Applicable Law means that section or provision of such Applicable Law from time to time in effect and any amendment, modification, codification, replacement, or reenactment of such section or other provision, (d) the words “herein”, “hereof” and “hereunder”, and words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof, (e) all references herein to Articles, Sections, Exhibits and Schedules shall be construed to refer to Articles and Sections of, and Exhibits and Schedules to, this Agreement and (f) the words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties, including cash, securities, Equity Interests, accounts and contract rights, and (g) all references to “days” shall mean calendar days. This Agreement is the result of negotiations among the parties thereto and their respective counsel. Accordingly, this Agreement shall be deemed the product of all parties thereto, and no ambiguity in this Agreement shall be construed in favor of or against any Credit Party or any Secured Party.

Principles of Interpretation. The definitions of terms herein shall apply equally (a) Except to the singular and plural forms of extent expressly provided to the terms defined. Whenever contrary in this Agreement or to the extent that the context may requireotherwise requires, in this Agreement: (i) the table of contents and Article and Section headings contained in this Agreement are for convenience only and shall not affect the interpretation of this Agreement or any pronoun other Financing Document; (ii) references to any document, instrument or agreement, including any Financing Document, shall include the corresponding masculine(A) all exhibits, feminine annexes, schedules, appendices or other attachments thereto and neuter forms. The words “include”(B) all documents, “includes” and “including” instruments or agreements issued or executed in replacement thereof; (iii) references to a document or agreement, including any Financing Document, shall be deemed to be followed by include any amendment, restatement, modification, supplement or replacement thereto entered into in accordance with the phrase “without limitation”. The word “will” shall be construed to have terms thereof and the same meaning and effect as terms of the word “shall”. Unless Financing Documents; provided that notwithstanding the context requires otherwise (a) any definition of or foregoing, no reference to any agreementof the Initial Credit Agreements, instrument the Refinancing Indenture, the Initial Credit Facility Notes or other document herein the Amended Notes shall be construed as referring deemed to such agreementinclude any Replacement Senior Debt Agreement, instrument the proceeds of which were used to repay the Senior Debt Obligations outstanding under any Initial Credit Agreement, the Refinancing Indenture, any Initial Credit Facility Note or other document as from time to time amendedany Amended Note; (iv) the words "include", supplemented or otherwise modified "includes" and "including" are not limiting; (subject to any restrictions on such amendments, supplements or modifications set forth herein), (bv) any reference herein references to any Person shall be construed to include such Person’s 's successors and assignspermitted assigns (and in the case of any Governmental Authority, any Person succeeding to such Governmental Authority's functions and capacities); (cvi) any reference herein 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; (vii) references to "days" shall mean calendar days; (viii) the singular includes the plural and the plural includes the singular; (ix) references to Applicable Law means such Law, generally, shall mean Applicable Law as amended, modified, codified, replaced, or reenacted, in whole or in part, and in effect from time to time, including rules and regulations promulgated thereunder and reference references to any section specific Applicable Law shall mean such Applicable Law, as amended, modified or other provision of supplemented from time to time, and any Applicable Law successor thereto; (x) in the computation of periods of time from a specified date to a later specified date, the word "from" means that section or provision of such Applicable Law "from time to time in effect and any amendment, modification, codification, replacement, or reenactment of such section or other provision, (d) including" and the words “herein”, “hereof” "to" and “hereunder”, and words of similar import, shall be construed "until" each mean "to refer to this Agreement in its entirety and not to any particular provision hereof, (e) all references herein to Articles, Sections, Exhibits and Schedules shall be construed to refer to Articles and Sections of, and Exhibits and Schedules to, this Agreement and (f) the words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties, including cash, securities, Equity Interests, accounts and contract rights, and (g) all references to “days” shall mean calendar days. This Agreement is the result of negotiations among the parties thereto and their respective counsel. Accordingly, this Agreement shall be deemed the product of all parties thereto, and no ambiguity in this Agreement shall be construed in favor of or against any Credit Party or any Secured Party.but excluding"; and

Principles of Interpretation. The definitions of terms herein shall apply equally (a) Except to the singular extent expressly provided to the contrary in this Agreement or to the extent that the context otherwise requires, in this Agreement and plural forms the other Financing Documents: (i) the table of contents and Article and Section headings are for convenience only and shall not affect the interpretation of any Financing Document; (ii) references to any document, instrument or agreement, including any Financing Document, shall include (A) all exhibits, annexes, schedules, appendices or other attachments thereto and (B) all documents, instruments or agreements issued or executed in replacement thereof; (iii) references to a document or agreement, including any Financing Document, shall be deemed to include any amendment, restatement, modification, supplement or replacement thereto entered into in accordance with the terms thereof and the terms of the terms defined. Whenever Financing Documents; (iv) the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. The word “will” shall be construed to have the same meaning and effect as the word “shall”. Unless the context requires otherwise are not limiting; (av) any definition of or reference to any agreement, instrument or other document herein shall be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein), (b) any reference herein references to any Person shall be construed to include such Person’s successors and assigns, permitted assigns (c) any reference herein to any Applicable Law means such Applicable Law as amended, modified, codified, replaced, or reenactedand, in whole or in part, and in effect from time to time, including rules and regulations promulgated thereunder and reference to any section or other provision the case of any Applicable Law means that section or provision of Governmental Authority, any Person succeeding to such Applicable Law from time to time in effect Governmental Authority’s functions and any amendment, modification, codification, replacement, or reenactment of such section or other provision, capacities); (dvi) the words “hereinhereof”, “hereofherein” and “hereunder”, ” and words of similar import, import when used in any Financing Document shall be construed to refer to this Agreement in its entirety such Financing Document as a whole and not to any particular provision hereof, of such Financing Document; (evii) all references herein to Articles, Sections, Exhibits and Schedules shall be construed to refer to Articles and Sections of, and Exhibits and Schedules to, this Agreement and (f) the words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties, including cash, securities, Equity Interests, accounts and contract rights, and (g) all references to “days” shall mean calendar days. This Agreement is ; (viii) the result of negotiations among singular includes the parties thereto plural and their respective counsel. Accordinglythe plural includes the singular; (ix) references to Applicable Law, this Agreement generally, shall be deemed the product of all parties theretomean Applicable Law as in effect from time to time, and no ambiguity references to any specific Applicable Law shall mean such Applicable Law, as amended, modified or supplemented from time to time, and any Applicable Law successor thereto; (x) references to Environmental Law, generally, shall mean Environmental Law as in this Agreement effect from time to time, and references to any specific Environmental Law shall be construed mean such Environmental Law, as amended, modified or supplemented from time to time, and any Environmental Law successor thereto; (xi) in favor the computation of or against any Credit Party or any Secured Party.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 mean “to but excluding”; and

Principles of Interpretation. The definitions of terms herein shall apply equally to the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. The words “include”, ,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. .” The word “will” shall be construed to have the same meaning and effect as the word “shall”. .” Unless the context requires otherwise (a) any definition of or reference to any agreement, instrument or other document herein shall be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein), ; (b) any reference herein to any Person shall be construed to include such Person’s successors and permitted assigns, ; (c) any reference herein to any Applicable Law means such Applicable Law as amended, modified, codified, replaced, or reenacted, in whole or in part, and in effect from time to time, including rules and regulations promulgated thereunder and reference to any section or other provision of any Applicable Law means that section or provision of such Applicable Law from time to time in effect and any amendment, modification, codification, replacement, or reenactment of such section or other provision, (d) the words “herein”, ,” “hereof” and “hereunder”, ,” and words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof, ; (ed) all references herein to ArticlesSections, SectionsSchedules, Exhibits and Schedules Annexes shall be construed to refer to Articles Sections of and Sections ofSchedules, and Exhibits and Schedules Annexes to, this Agreement Agreement; (e) any reference to any law or regulation herein shall, unless otherwise specified, refer to such law or regulation as amended, modified or supplemented from time to time; and (f) the words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties, including cash, securities, Equity Interests, accounts and contract rights, and (g) all references to “days” shall mean calendar days. This Agreement is the result of negotiations among the parties thereto and their respective counsel. Accordingly, this Agreement shall be deemed the product of all parties thereto, and no ambiguity in this Agreement shall be construed in favor of or against any Credit Party or any Secured Party.