Common use of Provisions of General Application Clause in Contracts

Provisions of General Application. (a) For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: (i) All accounting terms not specifically defined herein shall be construed in accordance with GAAP. (ii) All terms used in Article 8 and Article 9 of the New York UCC, and not specifically defined herein, are used herein as defined in such Article. (iii) The terms defined in this Article include the plural as well as the singular. (iv) The words “herein,” “hereof” and “hereunder” and other words of similar import refer to this Agreement as a whole. All references to Articles and Sections shall be deemed to refer to Articles and Sections of this Agreement. (v) References to statutes are to be construed as including all statutory provisions consolidating, amending or replacing the statute to which reference is made and all regulations (including, when consistent with market practice, proposed regulations) promulgated pursuant to such statutes. (vi) Except with respect to accrued interest on the LIBOR Certificates or as otherwise specified herein, all per annum percentage rate calculations hereunder shall be based upon a 360-day year consisting of twelve 30-day months. (b) This Agreement is a “declaration of trust” for purposes of FHA Regulations.