Common use of Principles of Interpretation Clause in Contracts

Principles of Interpretation. (a) Unless otherwise defined, terms for which meanings are provided in this Agreement shall have the same meanings when used in each other Financing Document and each other notice or other communication delivered from time to time in connection with any Financing Document. (b) Any reference in this Agreement to any Transaction Document shall mean such Transaction Document and all schedules, exhibits and attachments thereto. (c) All agreements, contracts or documents defined or referred to herein shall mean such agreements, contracts or documents as the same may from time to time be supplemented, amended or replaced or the terms thereof waived or modified to the extent permitted by, and in accordance with, the terms thereof and this Agreement, and shall disregard any supplement, amendment, replacement, waiver or modification made in violation of this Agreement. (d) Any reference in any Financing Document relating to a Default or an Event of Default that has occurred and is continuing (or words of similar effect) shall be understood to mean that such Default or Event of Default, as the case may be, has not been cured or remedied to the satisfaction of, or has not been waived by, the Required Lenders. (e) Defined terms in this Agreement shall include in the singular number the plural and in the plural number the singular. (f) The words “herein,” “hereof” and “hereunder” and words of similar import when used in this Agreement shall, unless otherwise expressly specified, refer to this Agreement as a whole and not to any particular provision of this Agreement and all references to Articles, Sections, Exhibits and Schedules shall be references to Articles, Sections, Exhibits and Schedules of this Agreement, unless otherwise specified. (g) The words “include,” “includes” and “including” are not limiting. (h) Any reference to any Person shall include its permitted successors and permitted assigns in the capacity indicated, and in the case of any Governmental Authority, any Person succeeding to its functions and capacities.

Appears in 3 contracts

Samples: Credit Agreement (Renewable Energy Group, Inc.), Credit Agreement (Nova Biosource Fuels, Inc.), Credit Agreement (Renewable Energy Group, Inc.)

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Principles of Interpretation. (a) Unless otherwise defineddefined or the context otherwise requires, terms for which meanings are provided in this Agreement shall have the same meanings when used in each other Financing Document Document, notice and each other notice or other communication delivered from time to time in connection with any Financing Document. (b) Any Unless the context requires otherwise, any reference in this Agreement to any Transaction Document shall mean such Transaction Document and all schedules, exhibits and attachments thereto. (c) All the agreements, contracts or documents defined or referred to herein shall mean such agreements, contracts or documents as the same may from time to time be supplemented, supplemented or amended or replaced or the terms thereof waived or modified to the extent permitted by, and in accordance with, the terms thereof and this Agreement, and shall disregard any supplement, amendment, replacement, amendment or waiver or modification made in violation breach of this Agreement. (d) Any reference in any Financing Document relating to a Default or an Event of Default that has occurred and is continuing (or words of similar effect) shall be understood to mean that (i) in the case of a Default only, such Default has not been cured or remedied, or has not been waived by the Required Lenders, before becoming an Event of Default and (ii) in the case of an Event of Default, as the case may be, such Event of Default has not been cured or remedied to the satisfaction of, or has not been waived by, by the Required Lenders. (e) The term "knowledge" in relation to the Borrowers, and any other similar expressions, shall mean knowledge of each of the Borrowers after due inquiry. (f) Defined terms in this Agreement shall include in the singular number the plural and in the plural number the singular. (fg) The words "herein,” “" "hereof" and "hereunder" and words of similar import when used in this Agreement shall, unless otherwise expressly specified, refer to this Agreement as a whole and not to any particular provision of this Agreement and all references to Articles, Sections, Exhibits and Schedules shall be references to Articles, Sections, Exhibits and Schedules of this Agreement, unless otherwise specified. (gh) The words "include,” “" "includes" and "including" are not limiting. (hi) The word "or" is not exclusive. (j) Any reference to any Person shall include its permitted successors and permitted assigns in the capacity indicated, and in the case of any Governmental Authority, any Person succeeding to its functions and capacities.

Appears in 2 contracts

Samples: Credit Agreement (Pacific Ethanol, Inc.), Credit Agreement (Pacific Ethanol, Inc.)

Principles of Interpretation. (a) Unless otherwise defineddefined or the context otherwise requires, terms for which meanings are provided in this Agreement shall have the same meanings when used in each other Financing Document Document, notice and each other notice or other communication delivered from time to time in connection with any Financing Document. (b) Any Unless the context requires otherwise, any reference in this Agreement to any Transaction Financing Document shall mean such Transaction Financing Document and all schedules, exhibits and attachments thereto. (c) All the agreements, contracts or documents defined or referred to herein shall mean such agreements, contracts or documents as the same may from time to time be supplemented, supplemented or amended or replaced or the terms thereof waived or modified to the extent permitted by, and in accordance with, the terms thereof and this Agreement, and shall disregard any supplement, amendment, replacement, amendment or waiver or modification made in violation breach of this Agreement. (d) Any reference in any Financing Document relating to a Default or an Event of Default that has occurred and is continuing (or words of similar effect) shall be understood to mean that (i) in the case of a Default only, such Default or Event of Default, as the case may be, has not been cured or remedied to the satisfaction of, or waived by, the Required Lenders, before becoming an Event of Default and (ii) in the case of an Event of Default, such Event of Default has not been cured or has not been waived by, by the Required Lenders. (e) Defined terms in this Agreement or any other Financing Document shall include in the singular number the plural and in the plural number the singular. (f) The words “herein,” “hereof” and “hereunder” and words of similar import when used in this Agreement any other Financing Document shall, unless otherwise expressly specified, refer to this Agreement or such other Financing Document, as applicable, as a whole and not to any particular provision of this Agreement or such other Financing Document, as applicable, and all references to Articles, Sections, Exhibits and Schedules shall be references to Articles, Sections, Exhibits and Schedules of this Agreement, or such other Financing Document, as applicable, unless otherwise specified. (g) The term “knowledge” in relation to a Loan Party, and any other similar expressions, shall mean knowledge of such Loan Party after due inquiry. (h) The words “include,” “includes” and “including” are not limiting. (hi) Any The word “or” is not exclusive. (j) References to any Person or Persons shall be construed as a reference to any Person shall include its permitted successors or assigns of such Person or Persons to the extent not prohibited by any Financing Document. (k) References in any Financing Document to any statute, law, decree, or regulation shall be construed as a reference to such statute, law, decree, or regulation as re-enacted, redesignated, consolidated, replaced, amended, or extended from time to time and permitted assigns in the capacity indicatedany order, and in the case of any Governmental Authoritydecree, any Person succeeding to its functions and capacitiesproclamation, regulation, instrument, or other subordinate legislation made thereunder.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Renewable Energy Group, Inc.), Revolving Credit Agreement (Renewable Energy Group, Inc.)

Principles of Interpretation. (a) Unless otherwise defined, terms for which meanings are Except to the extent expressly provided to the contrary in this Agreement shall have or to the same meanings when used extent that the context otherwise requires, in each this Agreement and the other Financing Document Documents: (i) the table of contents and each other notice or other communication delivered from time to time in connection with Article and Section headings are for convenience only and shall not affect the interpretation of any Financing Document.; (bii) Any reference in this Agreement references to any Transaction Document document, instrument or agreement, including any Financing Document, shall mean such Transaction Document and include (A) all exhibits, annexes, schedules, exhibits appendices or other attachments thereto and attachments thereto.(B) all documents, instruments or agreements issued or executed in replacement thereof; (ciii) All agreementsreferences to a document or agreement, contracts including any Financing Document, shall be deemed to include any amendment, restatement, modification, supplement or documents defined or referred to herein shall mean such agreements, contracts or documents as the same may from time to time be supplemented, amended or replaced or the terms thereof waived or modified to the extent permitted by, and replacement thereto entered into in accordance with, with the terms thereof and this Agreement, and shall disregard any supplement, amendment, replacement, waiver or modification made in violation the terms of this Agreement.the Financing Documents; (div) Any reference the words “include”, “includes” and “including” are not limiting; (v) references to any Person shall include such Person’s successors and permitted assigns (and, in any Financing Document relating to a Default or an Event of Default that has occurred and is continuing (or words of similar effect) shall be understood to mean that such Default or Event of Default, as the case may beof any Governmental Authority, has not been cured or remedied any Person succeeding to the satisfaction of, or has not been waived by, the Required Lenders.such Governmental Authority’s functions and capacities); (evi) Defined terms in this Agreement shall include in the singular number the plural and in the plural number the singular. (f) The words “hereof”, “herein,” “hereof” and “hereunder” and words of similar import when used in this Agreement shall, unless otherwise expressly specified, any Financing Document shall refer to this Agreement such Financing Document as a whole and not to any particular provision of this Agreement and all such Financing Document; (vii) references to Articles, Sections, Exhibits “days” shall mean calendar days; (viii) the singular includes the plural and Schedules shall be the plural includes the singular; (ix) references to ArticlesApplicable Law, Sectionsgenerally, Exhibits shall mean Applicable Law as in effect from time to time, and Schedules of this Agreementreferences to any specific Applicable Law shall mean such Applicable Law, unless otherwise specified.as amended, modified or supplemented from time to time, and any Applicable Law successor thereto; (gx) The 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 “include,” “includesto” and “includinguntilare not limiting. (h) Any reference each mean “to any Person shall include its permitted successors and permitted assigns in the capacity indicated, and in the case of any Governmental Authority, any Person succeeding to its functions and capacities.but excluding”; and

Appears in 2 contracts

Samples: Credit Agreement (Allegheny Energy, Inc), Credit Agreement (Allegheny Energy, Inc)

Principles of Interpretation. (a) Unless otherwise defined, terms for which meanings are provided in this Agreement shall have the same meanings when used in each other Financing Document and each other notice or other communication delivered from time to time in connection with any Financing Document. (b) Any reference in this Agreement to any Transaction Document shall mean such Transaction Document and all schedules, exhibits and attachments thereto. (c) All agreements, contracts or documents defined or referred to herein shall mean such agreements, contracts or documents as the same may from time to time be supplemented, amended or replaced or the terms thereof waived or modified to the extent permitted by, and in accordance with, the terms thereof and this Agreement, and shall disregard any supplement, amendment, replacement, waiver or modification made in violation of this Agreement. (d) Any reference in any Financing Document relating to a Default or an Event of Default that has occurred and is continuing (or words of similar effect) shall be understood to mean that such Default or Event of Default, as the case may be, has not been cured or remedied to the satisfaction of, or has not been waived by, the Required Lenders. (e) The term “knowledge” in relation to the Borrower, and any other similar expression, shall mean knowledge, after due inquiry, of the chief executive officer, chief financial officer, general manager, production manager, controller, plant manager, commodity specialist or any other Authorized Officer of the Borrower. (f) Defined terms in this Agreement shall include in the singular number the plural and in the plural number the singular. (fg) The words “herein,” “hereof” and “hereunder” and words of similar import when used in this Agreement shall, unless otherwise expressly specified, refer to this Agreement as a whole and not to any particular provision of this Agreement and all references to Articles, Sections, Exhibits and Schedules shall be references to Articles, Sections, Exhibits and Schedules of this Agreement, unless otherwise specified. (gh) The words “include,” “includes” and “including” are not limiting. (hi) Any reference to any Person shall include its permitted successors and permitted assigns in the capacity indicated, and in the case of any Governmental Authority, any Person succeeding to its functions and capacities.

Appears in 2 contracts

Samples: Senior Credit Agreement (First United Ethanol LLC), Debt Agreement (First United Ethanol LLC)

Principles of Interpretation. (a) Unless otherwise defined, terms for which meanings are Except to the extent expressly provided to the contrary in this Agreement or to the extent that the context otherwise requires, in this Agreement: (i) the table of contents and Article and Section headings contained in this Agreement are for convenience only and shall have not affect the same meanings when used in each interpretation of this Agreement or any other Financing Document and each other notice Document; (ii) references to any document, instrument or other communication delivered from time to time in connection with 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; provided that notwithstanding the foregoing, no reference to the Credit Agreement shall be deemed to include any credit agreement, the proceeds of which were used to repay the Obligations under the Credit Agreement; (biii) Any reference in this Agreement references to a document or agreement, including any Transaction Document Financing Document, shall mean such Transaction Document and all schedulesbe deemed to include any amendment, exhibits and attachments thereto. (c) All agreementsrestatement, contracts modification, supplement or documents defined or referred to herein shall mean such agreements, contracts or documents as the same may from time to time be supplemented, amended or replaced or the terms thereof waived or modified to the extent permitted by, and replacement thereto entered into in accordance with, with the terms thereof and this the terms of the Financing Documents; provided that notwithstanding the foregoing, no reference to the Credit Agreement shall be deemed to include any credit agreement, the proceeds of which were used to repay the Obligations under the Credit Agreement, and shall disregard any supplement, amendment, replacement, waiver or modification made in violation of this Agreement.; (div) Any reference in any Financing Document relating to a Default or an Event of Default that has occurred the words "include", "includes" and is continuing (or words of similar effect) shall be understood to mean that such Default or Event of Default, as the case may be, has "including" are not been cured or remedied to the satisfaction of, or has not been waived by, the Required Lenders.limiting; (ev) Defined terms in this Agreement references to any Person shall include in the singular number the plural such Person's successors and permitted assigns (and in the plural number the singular.case of any Governmental Authority, any Person succeeding to such Governmental Authority's functions and capacities); (fvi) The the words "hereof", "herein,” “hereof” " and "hereunder" and words of similar import when used in this Agreement shall, unless otherwise expressly specified, shall refer to this Agreement as a whole and not to any particular provision of this Agreement and all references to Articles, Sections, Exhibits and Schedules shall be references to Articles, Sections, Exhibits and Schedules of this Agreement, unless otherwise specified. (g) The words “include,” “includes” and “including” are not limiting. (h) Any reference to any Person shall include its permitted successors and permitted assigns in the capacity indicated, and in the case of any Governmental Authority, any Person succeeding to its functions and capacities.;

Appears in 2 contracts

Samples: Security Agreement (Allegheny Energy, Inc), Amendment Agreement No. 3 and Consent (Allegheny Energy, Inc)

Principles of Interpretation. (a) Unless otherwise defined, terms for which meanings are provided in this Agreement shall have the same meanings when used in each other Financing Document and each other notice or other communication delivered from time to time in connection with any Financing Document. (b) Any reference in this Agreement to any Transaction Document shall mean such Transaction Document and all schedules, exhibits and attachments thereto. (c) All agreements, contracts Contracts or documents defined or referred to herein shall mean such agreements, contracts Contracts or documents as the same may from time to time be supplemented, amended or replaced or the terms thereof waived or modified to the extent permitted by, and in accordance with, the terms thereof and this Agreement, and shall disregard any supplement, amendment, replacement, waiver or modification made in violation of this Agreement. (d) Any reference in any Financing Document relating to a Default or an Event of Default that has occurred and is continuing (or words of similar effect) shall be understood to mean that (i) in the case of a Default only, such Default or Event of Default, as the case may be, has not been cured or remedied to the reasonable satisfaction of, or has not been waived by, the Required LendersLender, before becoming an Event of Default and (ii) in the case of an Event of Default, such Event of Default has not been cured to the reasonable satisfaction of, or waived, by the Lender. (e) The term “knowledge” and other similar expressions, when used in relation to the Borrower, shall mean the reasonable knowledge after due inquiry (including with respect to the affairs of the Borrower) of any Person listed in Schedule III of the LLC Agreement of the Borrower, and any Person replacing any such Person or serving in any office listed in such Schedule or in an office bearing a different title but having a substantially similar role in the decision-making regarding the Borrower and/or the Portfolio. (f) Defined terms in this Agreement shall include in the singular number the plural and in the plural number the singular. (fg) The Unless otherwise expressly specified: (i) the words “herein,” “hereof” and “hereunder” and words of similar import import, when used in this Agreement shallAgreement, unless otherwise expressly specified, shall refer to this Agreement as a whole and not to any particular provision of this Agreement and all (ii) references to Articles, Sections, Exhibits and Schedules shall be are references to Articles, Sections, Exhibits and Schedules of this Agreement, unless otherwise specified. (gh) The words “include,” “includes” and “including” are not limiting. (hi) Any reference to any Person shall include its permitted successors and permitted assigns in the capacity indicated, and in the case of any Governmental Authority, any Person succeeding to its functions and capacities. (j) The words “will” and “shall” have the same meaning and effect, both implying an obligation where the context requires. (k) Unless otherwise defined herein, terms used herein that are defined in the UCC have the respective meanings given to those terms in the UCC. (l) Unless otherwise specified, all accounting terms used herein and in any other Financing Document shall be interpreted, all accounting determinations and computations hereunder or thereunder shall be made, and all financial statements required to be delivered hereunder or thereunder shall be prepared, in accordance with GAAP.

Appears in 2 contracts

Samples: Credit Agreement (Bloom Energy Corp), Credit Agreement (Bloom Energy Corp)

Principles of Interpretation. (a) Unless otherwise definedthe context requires otherwise, terms for which meanings are provided in this Agreement shall have the same meanings when used in each other Financing Document and each other notice or other communication delivered from time to time in connection with any Financing Document. (b) Any reference in this Agreement to any Transaction Document document shall mean such Transaction Document document and all schedules, exhibits and attachments thereto. (ca) All agreements, contracts or documents defined or referred to herein shall mean such agreements, contracts or documents as the same may from time to time be supplemented, amended or replaced or the terms thereof waived or modified to the extent permitted by, and in accordance with, the terms thereof and this Agreement, and shall disregard any supplement, amendment, replacement, waiver or modification made in violation of this Agreement. (db) Any reference The term “knowledge” in relation to any Financing Document relating to a Default or an Event Person, and any other similar expression, shall mean knowledge of Default that has occurred and is continuing (or words of similar effect) shall be understood to mean that such Default or Event of Default, as the case may be, has not been cured or remedied to the satisfaction of, or has not been waived by, the Required LendersPerson after due inquiry. (ec) Defined terms in this Agreement shall include in the singular number the plural and in the plural number the singular. (fd) The words “herein,” “hereof” and “hereunder” and words of similar import when used in this Agreement shall, unless otherwise expressly specified, refer to this Agreement as a whole and not to any particular provision of this Agreement and all references to Articles, Sections, Exhibits and Schedules shall be references to Articles, Sections, Exhibits and Schedules of this Agreement, unless otherwise specified. (ge) The words “include,” “includes” and “including” are not limiting. (hf) The word “or” is not exclusive. (g) Any reference to any Person shall include its permitted successors and permitted assigns in the capacity indicated, and in the case of any Governmental Authority, any Person succeeding to its functions and capacities. (h) The headings and titles herein are for convenience only and shall have no significance in the interpretation hereof.

Appears in 1 contract

Samples: Restructuring Agreement (Advanced BioEnergy, LLC)

Principles of Interpretation. (a) Unless otherwise defineddefined or the context otherwise requires, terms for which meanings are provided in this Agreement shall have the same meanings when used in each other Financing Document and each other notice or other communication delivered from time to time in connection with any Financing Document. (b) Any Unless the context requires otherwise, any reference in this Agreement to any Transaction Document shall mean such Transaction Document and all schedules, exhibits and attachments thereto. (c) All agreements, contracts or documents defined or referred to herein shall mean such agreements, contracts or documents as the same may from time to time be supplemented, amended or replaced or the terms thereof waived or modified to the extent permitted by, and in accordance with, the terms thereof and this Agreement, and shall disregard any supplement, amendment, replacement, waiver or modification made in violation of this Agreement. (d) Any reference in any Financing Document relating to a Default or an Event of Default that has occurred and is continuing (or words of similar effect) shall be understood to mean that such Default or Event of Default, as the case may be, has not been cured or remedied to the satisfaction of, or has not been waived by, the Required Lenders. (e) The term “knowledge” in relation to the Borrower, and any other similar expression, shall mean knowledge of the Borrower after due inquiry. (f) Defined terms in this Agreement shall include in the singular number the plural and in the plural number the singular. (fg) The words “herein,” “hereof” and “hereunder” and words of similar import when used in this Agreement shall, unless otherwise expressly specified, refer to this Agreement as a whole and not to any particular provision of this Agreement and all references to Articles, Sections, Exhibits and Schedules shall be references to Articles, Sections, Exhibits and Schedules of this Agreement, unless otherwise specified. (gh) The words “include,” “includes” and “including” are not limiting. (hi) The word “or” is not exclusive. (j) Any reference to any Person shall include its permitted successors and permitted assigns in the capacity indicated, and in the case of any Governmental Authority, any Person succeeding to its functions and capacities.

Appears in 1 contract

Samples: Senior Credit Agreement (Advanced BioEnergy, LLC)

Principles of Interpretation. (a) Unless otherwise defineddefined or the context otherwise requires, terms for which meanings are provided in this Agreement shall have the same meanings when used in each other Financing Document Document, notice and each other notice or other communication delivered from time to time in connection with any Financing Document. (b) Any Unless the context requires otherwise, any reference in this Agreement to any Transaction Document shall mean such Transaction Document and all schedules, exhibits and attachments thereto. (c) All the agreements, contracts or documents defined or referred to herein shall mean such agreements, contracts or documents as the same may from time to time be supplemented, supplemented or amended or replaced or the terms thereof waived or modified to the extent permitted by, and in accordance with, the terms thereof and this Agreement, and shall disregard any supplement, amendment, replacement, amendment or waiver or modification made in violation breach of this Agreement. (d) Any reference in any Financing Document relating to a Default or an Event of Default that has occurred and is continuing (or words of similar effect) shall be understood to mean that (i) in the case of a Default only, such Default or Event of Default, as the case may be, has not been cured or remedied to the satisfaction ofremedied, or has not been waived byin the manner set forth herein, before becoming an Event of Default and (ii) in the Required Lenderscase of an Event of Default, such Event of Default has not been waived in the manner set forth herein. (e) The term “knowledge” in relation to the Borrowers, and any other similar expressions, shall mean knowledge of each of the Borrowers after due inquiry. (f) Defined terms in this Agreement shall include in the singular number the plural and in the plural number the singular. (fg) The words “herein,” “hereof” and “hereunder” and words of similar import when used in this Agreement shall, unless otherwise expressly specified, refer to this Agreement as a whole and not to any particular provision of this Agreement and all references to Articles, Sections, Exhibits and Schedules shall be references to Articles, Sections, Exhibits and Schedules of this Agreement, unless otherwise specified. (gh) The words “include,” “includes” and “including” are not limiting. (hi) The word “or” is not exclusive. (j) Any reference to any Person shall include its permitted successors and permitted assigns in the capacity indicated, and in the case of any Governmental Authority, any Person succeeding to its functions and capacities.

Appears in 1 contract

Samples: Credit Agreement (Pacific Ethanol, Inc.)

Principles of Interpretation. As used in this Agreement: (a) Unless otherwise definedThe meanings of the defined terms are applicable to both the singular and plural forms thereof; (b) Reference to any Person includes such Person’s successors and permitted assigns but, terms for which meanings if applicable, only if such successors and assigns are provided not prohibited by this Agreement, and reference to a Person in this Agreement shall have the same meanings when used a particular capacity excludes such Person in any other capacity or individually; (c) Reference to any gender includes each other Financing Document gender; (d) Reference to any agreement, document or instrument means such agreement, document or instrument as amended or modified and each other notice or other communication delivered in effect from time to time in connection accordance with any Financing Document. (b) Any reference in this Agreement to any Transaction Document shall mean such Transaction Document and all schedules, exhibits and attachments thereto. (c) All agreements, contracts or documents defined or referred to herein shall mean such agreements, contracts or documents as the same may from time to time be supplemented, amended or replaced or the terms thereof waived or modified to the extent permitted by, and in accordance with, the terms thereof and this Agreement, and shall disregard any supplement, amendment, replacement, waiver or modification made in violation of this Agreement. (d) Any reference in any Financing Document relating to a Default or an Event of Default that has occurred and is continuing (or words of similar effect) shall be understood to mean that such Default or Event of Default, as the case may be, has not been cured or remedied to the satisfaction of, or has not been waived by, the Required Lenders.thereof; (e) Defined The terms in this Agreement shall include in the singular number the plural and in the plural number the singular. (f) The words hereinhereunder,” “hereof,and hereunderhereto” and words of similar import when used in this Agreement shall, unless otherwise expressly specified, refer shall be deemed references to this Agreement as a whole and not to any particular Article, Section or other provision thereof; (f) Unless the context indicates otherwise, the term “or” is used in the inclusive sense of “and/or”; (g) Relative to the determination of any period of time, “from” means “from and including” and “to” means “to but excluding”; (h) References to documents, instruments or agreements shall be deemed to refer as well to all addenda, Exhibits, Schedules or amendments thereto; (i) The phrase “to the extent” shall mean the degree to which a subject or other theory extends and such phrase shall not mean “if”; (j) The word “will” shall be construed to have the same meaning and effect as the word “shall”; (k) The Preamble, recitals schedules and exhibits of this Agreement form an integral part hereof, and all any reference to this Agreement shall include the Preamble, recitals schedules and exhibits hereof; (l) The headings used in this Agreement have been adopted by the Parties for ease of reference only and shall not influence the meaning or interpretation of this Agreement; (m) Except as specified otherwise or if the context otherwise requires, references to Articles, Sections, Schedules and Exhibits are made to the articles, sections, schedules and Schedules shall be references to Articles, Sections, Exhibits and Schedules exhibits of this Agreement, unless otherwise specified.; (gn) Any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and “without limitation” and shall not limit the sense of the words preceding those terms; (o) The words terms includefurnished,” “includesprovided,” “made available” and words of similar import shall refer to those items so provided no later than one (1) day prior to the date of this Agreement; (p) References to including$”, “Dollar” or “dollar” are not limiting. (h) Any reference references to any Person shall include its permitted successors and permitted assigns in the capacity indicated, and in lawful currency of the case United States of any Governmental Authority, any Person succeeding to its functions and capacities.America; and

Appears in 1 contract

Samples: Asset Purchase Agreement (Shenandoah Telecommunications Co/Va/)

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Principles of Interpretation. (a) Unless otherwise defineddefined or the context otherwise requires, terms for which meanings are provided in this Agreement shall have the same meanings when used in each other Financing Document and each other notice or other communication delivered from time to time in connection with any Financing Document. (b) Any reference in this Agreement to any Transaction Document shall mean such Transaction Document and all schedules, exhibits and attachments thereto. (c) All agreements, contracts or documents defined or referred to herein shall mean such agreements, contracts or documents as the same may from time to time be supplemented, amended or replaced or the terms thereof waived or modified to the extent permitted by, and in accordance with, the terms thereof and this Agreement, and shall disregard any supplement, amendment, replacement, waiver or modification made in violation of this Agreement. (d) Any reference in any Financing Document relating to a Default or an Event of Default that has occurred and is continuing (or words of similar effect) shall be understood to mean that such Default or Event of Default, as the case may be, has not been cured or remedied to the satisfaction of, or has not been waived by, the Required Lenders. (e) Defined terms in this Agreement shall include in the singular number the plural and in the plural number the singular. (f) The words “herein,” “hereof” and “hereunder” and words of similar import when used in this Agreement shall, unless otherwise expressly specified, refer to this Agreement as a whole and not to any particular provision of this Agreement and all references to Articles, Sections, Exhibits and Schedules shall be references to Articles, Sections, Exhibits and Schedules of this Agreement, unless otherwise specified. (g) The words “include,” “includes” and “including” are not limiting. (h) The word “or” is not exclusive. (i) Any reference to any Person shall include its permitted successors and permitted assigns in the capacity indicated, and in the case of any Governmental Authority, any Person succeeding to its functions and capacities.

Appears in 1 contract

Samples: Debt Agreement

Principles of Interpretation. (a) Unless otherwise defineddefined or the context otherwise requires, terms for which meanings are provided in this Agreement shall have the same meanings when used in each other Financing Document Document, notice and each other notice or other communication delivered from time to time in connection with any Financing Document. (b) Any Unless the context requires otherwise, any reference in this Agreement to any Transaction Document shall mean such Transaction Document and all schedules, exhibits and attachments thereto. (c) All the agreements, contracts or documents defined or referred to herein shall mean such agreements, contracts or documents as the same may from time to time be supplemented, supplemented or amended or replaced or the terms thereof waived or modified to the extent permitted by, and in accordance with, the terms thereof and this Agreement, and shall disregard any supplement, amendment, replacement, amendment or waiver or modification made in violation breach of this Agreement. (d) Any reference in any Financing Document relating to a Default or an Event of Default that has occurred and is continuing (or words of similar effect) shall be understood to mean that (i) in the case of a Default only, such Default or Event of Default, as the case may be, has not been cured or remedied to the satisfaction ofremedied, or has not been waived byby the Required Lenders, before becoming an Event of Default and (ii) in the case of an Event of Default, such Event of Default has not been cured and has not been waived by the Required Lenders. (e) Defined terms in this Agreement shall include in the singular number the plural and in the plural number the singular. (f) The words “herein,” “hereof” and “hereunder” and words of similar import when used in this Agreement shall, unless otherwise expressly specified, refer to this Agreement as a whole and not to any particular provision of this Agreement and all references to Articles, Sections, Exhibits and Schedules shall be references to Articles, Sections, Exhibits and Schedules of this Agreement, unless otherwise specified. (g) The words “include,” “includes” and “including” are not limiting. (h) Any reference to any Person shall include its permitted successors and permitted assigns in the capacity indicated, and in the case of any Governmental Authority, any Person succeeding to its functions and capacitiesThe word “or” is not exclusive.

Appears in 1 contract

Samples: Credit Agreement (ASAlliances Biofuels, LLC)

Principles of Interpretation. (a) Unless otherwise defineddefined or the context otherwise requires, terms for which meanings are provided in this Accounts Agreement shall have the same meanings when used in each other Financing Document and each other notice or other communication delivered from time to time in connection with any Financing Documentthe Credit Agreement. (b) Any Unless the context requires otherwise, any reference in this Accounts Agreement to any Transaction Financing Document shall mean such Transaction Financing Document and all schedules, exhibits and attachments thereto, as amended from time to time. (c) All the agreements, contracts or documents defined or referred to herein shall mean such agreements, contracts or documents as the same may from time to time be supplemented, amended or replaced or the terms thereof waived or modified to the extent permitted by, and in accordance with, the terms thereof and this Accounts Agreement, and shall disregard any supplement, amendment, replacement, replacement or waiver or modification made in violation breach of this Accounts Agreement. (d) Any reference in any Financing Document relating to a Default or an Event of Default that has occurred and is continuing (or words of similar effect) shall be understood to mean that such Default or Event of Default, as the case may be, has not been cured or remedied to the satisfaction of, or has not been waived by, the Required Lenders. (e) Defined terms in this Accounts Agreement shall include in the singular number the plural and in the plural number the singular. (fe) The words “herein,” “hereof” and “hereunder” and words of similar import when used in this Accounts Agreement shall, unless otherwise expressly specified, refer to this Accounts Agreement as a whole and not to any particular provision of this Accounts Agreement and all references to Articles, Sections, Exhibits and Schedules shall be references to Articles, Sections, Exhibits and Schedules of this Accounts Agreement, unless otherwise specified. (gf) The words “include,” “includes” and “including” are not limiting. (g) The word “or” is not exclusive. (h) Any reference to any Person shall include its permitted successors and permitted assigns in the capacity indicated, and in the case of any Governmental Authority, any Person succeeding to its functions and capacities.

Appears in 1 contract

Samples: Accounts Agreement (Advanced BioEnergy, LLC)

Principles of Interpretation. (a) Unless otherwise defined, terms for which meanings are Except to the extent expressly provided to the contrary in this Agreement shall have or to the same meanings when used extent that the context otherwise requires, in each this Agreement and the other Financing Document Documents: (i) the table of contents and each other notice or other communication delivered from time to time in connection with Article and Section headings are for convenience only and shall not affect the interpretation of any Financing Document.; (bii) Any reference in this Agreement references to any Transaction Document document, instrument or agreement, including any Financing Document, shall mean such Transaction Document and include (i) all exhibits, annexes, schedules, exhibits appendices or other attachments thereto and attachments thereto.(ii) all documents, instruments or agreements issued or executed in replacement thereof; (ciii) All agreementsreferences to a document or agreement, contracts including any Financing Document, shall be deemed to include any amendment, restatement, modification, supplement or documents defined or referred to herein shall mean such agreements, contracts or documents as the same may from time to time be supplemented, amended or replaced or the terms thereof waived or modified to the extent permitted by, and replacement thereto entered into in accordance with, with the terms thereof and this Agreement, and shall disregard any supplement, amendment, replacement, waiver or modification made in violation the terms of this Agreement.the Financing Documents; (div) Any reference in any Financing Document relating to a Default or an Event of Default that has occurred and is continuing (or the words of similar effect) shall be understood to mean that such Default or Event of Default, as the case may be, has not been cured or remedied to the satisfaction of, or has not been waived by, the Required Lenders. (e) Defined terms in this Agreement shall include in the singular number the plural and in the plural number the singular. (f) The words “herein,” “hereof” and “hereunder” and words of similar import when used in this Agreement shall, unless otherwise expressly specified, refer to this Agreement as a whole and not to any particular provision of this Agreement and all references to Articles, Sections, Exhibits and Schedules shall be references to Articles, Sections, Exhibits and Schedules of this Agreement, unless otherwise specified. (g) The words “"include,” “" "includes" and "including" are not limiting.; (hv) Any reference references to any Person shall include its permitted such Person's successors and permitted assigns in the capacity indicated, (and in the case of any Governmental Authority, any Person succeeding to its such Governmental Authority's functions and capacities.); (vi) the words "hereof," "herein" and "hereunder" and words of similar import when used in any Financing Document shall refer to such Financing Document as a whole and not to any particular provision of such Financing Document; (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, generally, shall mean Applicable Law as in effect from time to time, and 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) 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 mean "to but excluding"; and

Appears in 1 contract

Samples: Common Terms Agreement (Allegheny Energy Supply Co LLC)

Principles of Interpretation. (a) Unless otherwise defineddefined or the context otherwise requires, terms for which meanings are provided in this Agreement shall have the same meanings when used in each other Financing Document Document, notice and each other notice or other communication delivered from time to time in connection with any Financing Document. (b) Any Unless the context requires otherwise, any reference in this Agreement to any Transaction Document shall mean such Transaction Document and all schedules, exhibits and attachments thereto. (c) All the agreements, contracts or documents defined or referred to herein shall mean such agreements, contracts or documents as the same may from time to time be supplemented, supplemented or amended or replaced or the terms thereof waived or modified to the extent permitted by, and in accordance with, the terms thereof and this Agreement, and shall disregard any supplement, amendment, replacement, amendment or waiver or modification made in violation breach of this Agreement. (d) Any reference in any Financing Document relating to a Default or an Event of Default that has occurred and is continuing (or words of similar effect) shall be understood to mean that (i) in the case of a Default only, such Default has not been cured or remedied, or has not been waived by the Required Lenders, before becoming an Event of Default and (ii) in the case of an Event of Default, as the case may be, such Event of Default has not been cured or remedied to the satisfaction of, or has not been waived by, by the Required Lenders. (e) The term “knowledge” in relation to a Borrower, and any other similar expressions, shall mean knowledge of such Borrower after due inquiry. (f) Defined terms in this Agreement shall include in the singular number the plural and in the plural number the singular. (fg) The words “herein,” “hereof” and “hereunder” and words of similar import when used in this Agreement shall, unless otherwise expressly specified, refer to this Agreement as a whole and not to any particular provision of this Agreement and all references to Articles, Sections, Exhibits and Schedules shall be references to Articles, Sections, Exhibits and Schedules of this Agreement, unless otherwise specified. (gh) The words “include,” “includes” and “including” are not limiting. (hi) The word “or” is not exclusive. (j) Any reference to any Person shall include its permitted successors and permitted assigns in the capacity indicated, and in the case of any Governmental Authority, any Person succeeding to its functions and capacities.

Appears in 1 contract

Samples: Debtor in Possession Credit Agreement (Pacific Ethanol, Inc.)

Principles of Interpretation. In this Agreement: (a) Unless otherwise definedAll references herein to Articles, terms for which meanings are provided in Sections and Annexes shall be deemed references to articles and sections of, and annexes to this Agreement unless the context shall otherwise require. The descriptive headings to Articles, Sections and Annexes are inserted for convenience only, and shall have the same meanings when used in each other Financing Document and each other notice or other communication delivered from time to time in connection with any Financing Documentno legal effect. (b) Any reference in The Annexes and Schedules to this Agreement shall be deemed to any Transaction Document be a part of this Agreement, and references to “this Agreement” shall mean such Transaction Document and all schedules, exhibits and attachments theretobe deemed to include the same. (c) All agreements, contracts or documents defined or referred to herein The following rules of interpretation shall mean such agreements, contracts or documents as apply unless the same may from time to time be supplemented, amended or replaced or the terms thereof waived or modified to the extent permitted by, and in accordance with, the terms thereof and this Agreement, and context shall disregard any supplement, amendment, replacement, waiver or modification made in violation of this Agreement.require otherwise: (di) Any reference in any Financing Document relating to a Default or an Event of Default that has occurred and is continuing (or words of similar effect) shall be understood to mean that such Default or Event of Default, as the case may be, has not been cured or remedied to the satisfaction of, or has not been waived by, the Required Lenders. (e) Defined terms Definitions used in this Agreement shall include in apply equally to both the singular number and plural forms of the plural and in the plural number the singularterms defined. (fii) The Whenever used in this Agreement: (A) the words “herein,” include”, hereofincludes” and “hereunderincluding” shall be deemed to be followed by the phrase “without limitation”; (B) the words “hereof”, “herein” and similar words of similar import when used in this Agreement shall, unless otherwise expressly specified, refer shall be construed as references to this Agreement as a whole and not just to the particular Section or subsection in which the reference appears; and (C) except when used with the word “either”, the word “or” may have a disjunctive and not alternative meaning (i.e., where two items or qualities are separated by the word “or”, the existence of one item or quality shall not be deemed to be exclusive of the existence of the other and, as the context may require, the word “or” may be deemed to include the word “and”). (iii) A reference to a specific time of day shall be to local time in Paris, France. (iv) A reference to any particular Party to this Agreement or any other agreement or document includes such Party’s successors and permitted assigns. (v) A reference to any agreement or document is to that agreement or document as amended, novated, supplemented, varied or replaced from time to time, except to the extent prohibited by this Agreement. (vi) A reference to any legislation or to any provision of any legislation includes any modification or re-enactment of such legislation, any legislative provision substituted for such legislation, and all regulations and statutory instruments issued under such legislation. (vii) The dispositions of articles 640 to 642 of the French Code of Civil Procedure shall be applied to calculate the period of time within which or following which any act is to be done or step taken, provided that for purposes of this Agreement, the references in article 642 to “un jour férié ou chômé” and “premier jour ouvrable” shall be interpreted by reference to the definition of “Business Day” appearing herein. (viii) A provision in this Agreement will not be construed against a Party merely because that Party was responsible for the preparation of that provision or because it may have been inserted for that Party’s benefit, and to the fullest extent permitted by applicable Law, each of the Parties expressly waives the benefits of article 1602 of the French Civil Code. (d) In the event of a discrepancy or inconsistency between the terms of this Agreement and all references to Articlesthe terms of any other Transaction Document (including, Sectionsfor the avoidance of doubt, Exhibits and Schedules shall be references to Articlesany of the Local Sale Agreements), Sectionsas between the Parties, Exhibits and Schedules the terms of this Agreement, unless otherwise specified. (g) The words “include,” “includes” and “including” are not limiting. (h) Any reference Agreement shall prevail to any Person shall include its permitted successors and permitted assigns in the capacity indicatedfullest extent practicable, and in the case Parties shall take any reasonable actions necessary to preserve, as between the Parties, the rights and obligations of any Governmental Authority, any Person succeeding to its functions the Parties under the terms of this Agreement and capacitiesthe economic and legal substance of the transactions contemplated hereby.

Appears in 1 contract

Samples: Asset and Share Purchase Agreement (CALGON CARBON Corp)

Principles of Interpretation. (a) Unless otherwise defineddefined or the context otherwise requires, terms for which meanings are provided in this Accounts Agreement shall have the same meanings when used in each other Financing Document and each other notice or other communication delivered from time to time in connection with any Financing Documentthe Credit Agreement. (b) Any Unless the context requires otherwise, any reference in this Accounts Agreement to any Transaction Financing Document shall mean such Transaction Financing Document and all schedules, exhibits and attachments thereto, as amended from time to time. (c) All the agreements, contracts or documents defined or referred to herein shall mean such agreements, contracts or documents as the same may from time to time be supplemented, amended or replaced or the terms thereof waived or modified to the extent permitted by, and in accordance with, the terms thereof and this Accounts Agreement, and shall disregard any supplement, amendment, replacement, replacement or waiver or modification made in violation breach of this Accounts Agreement. (d) Any reference in any Financing Document relating to a Default or an Event of Default that has occurred and is continuing (or words of similar effect) shall be understood to mean that such Default or Event of Default, as the case may be, has not been cured or remedied to the satisfaction of, or has not been waived by, the Required Lenders. (e) Defined terms in this Accounts Agreement shall include in the singular number the plural and in the plural number the singular. (fe) The words “herein,” “hereof” and “hereunder” and words of similar import when used in this Accounts Agreement shall, unless otherwise expressly specified, refer to this Accounts Agreement as a whole and not to any particular provision of this Accounts Agreement and all references to Articles, Sections, Exhibits and Schedules shall be references to Articles, Sections, Exhibits and Schedules of this Accounts Agreement, unless otherwise specified. (gf) The words “include,” “includes” and “including” are not limiting. (g) The word “or” is not exclusive. (h) Any reference to any Person shall include its permitted successors and permitted assigns in the capacity indicated, and in the case of any Governmental Authority, any Person succeeding succeding to its functions and capacities.

Appears in 1 contract

Samples: Accounts Agreement (Advanced BioEnergy, LLC)

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