Common use of Quebec Interpretation Clause in Contracts

Quebec Interpretation. For purposes of any Collateral located in the Province of Quebec or charged by any deed of hypothec (or any other Credit Document) and for all other purposes pursuant to which the interpretation or construction of a Credit Document may be subject to the laws of the Province of Quebec or a court or tribunal exercising jurisdiction in the Province of Quebec, (i) “personal property” shall be deemed to include “movable property”, (ii) “real property” shall be deemed to include “immovable property”, (iii) “tangible property” shall be deemed to include “corporeal property”, (iv) “intangible property” shall be deemed to include “incorporeal property”, (v) “security interest”, “mortgage” and “lien” shall be deemed to include a “hypothec”, “prior claim” and a “resolutory clause,” (vi) all references to filing, registering or recording under the UCC or the PPSA shall be deemed to include publication under the Civil Code of Quebec, (vii) all references to “perfection” of or “perfected” Liens shall be deemed to include a reference to an “opposable” or “set up” Liens as against third parties, (viii) any “right of offset”, “right of setoff” or similar expression shall be deemed to include a “right of compensation”, (ix) “goods” shall be deemed to include “corporeal movable property” other than chattel paper, documents of title, instruments, money and securities, (x) an “agent” shall be deemed to include a “mandatary,” (xi) “construction liens” shall be deemed to include “legal hypothecs”, (xii) “joint and several” shall be deemed to include “solidary” and “jointly and severally” shall be deemed to include “solidarily” (xiii) “gross negligence or willful misconduct” shall be deemed to be “intentional or gross fault”, (xiv) “beneficial ownership” shall be deemed to include “ownership on behalf of another as mandatary”, (xv) “easement” shall be deemed to include “servitude”, (xvi) “priority” shall be deemed to include “prior claim”, (xvii) “survey” shall be deemed to include “certificate of location and plan”, (xviii) “fee simple title” shall be deemed to include “absolute ownership”, and (xix) “foreclosure” shall be deemed to include “the exercise of a hypothecary recourse”. The parties hereto confirm that it is their wish that this Agreement and any other document executed in connection with the transactions contemplated herein be drawn up in the English language only (except if another language is required under any applicable law) and that all other documents contemplated thereunder or relating thereto, including notices, may also be drawn up in the English language only. Les parties aux présentes confirment que c’est leur volonté que cette convention et les autres documents de crédit soient rédigés en langue anglaise seulement et que tous les documents, y compris tous avis, envisagés par cette convention et les autres documents peuvent être rédigés en langue anglaise seulement (sauf si une autre langue est requise en vertu d’une loi applicable).

Appears in 5 contracts

Samples: Credit Agreement (Verano Holdings Corp.), Credit Agreement (Verano Holdings Corp.), Credit Agreement (Verano Holdings Corp.)

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Quebec Interpretation. For purposes of any Collateral located in the Province of Quebec or charged by any deed of hypothec (or any other Credit Document) and for all other purposes pursuant to which the interpretation or construction of a Credit this Agreement or any other Loan Document may be subject to the laws of the Province of Quebec Québec or a court or tribunal exercising jurisdiction in the Province of QuebecQuébec, (i) “personal property” shall be deemed to include “movable property”, (ii) “real property” shall be deemed to include “immovable property”, (iii) “tangible property” shall be deemed to include “corporeal property”, (iv) “intangible property” shall be deemed to include “incorporeal property”, (v) “security interest”, “mortgage” and “lien” shall be deemed to include a “hypothec”, “prior claim” and a “resolutory clause,” ”, (vi) all references to filing, registering or recording under the UCC or the PPSA shall be deemed to include publication under the Civil Code of Quebec, (vii) all references to “perfection” of or “perfected” Liens liens or security interest shall be deemed to include a reference to an “opposable” or “set up” Liens lien or security interest as against third parties, (viiivii) any “right of offset”, “right of setoff” or similar expression shall be deemed to include a “right of compensation”, (ixviii) “goods” shall be deemed to include “corporeal movable property” other than chattel paper, documents of title, instruments, money and securities, (xix) an “agent” shall be deemed to include a “mandatary,” ”, (xix) “construction liens” or “materialmen’s, repairman’s, construction contractors’, mechanics’ and other like Liens” shall be deemed to include “legal hypothecs”, (xiixi) “joint and several” shall be deemed to include “solidary” and “jointly and severally” shall be deemed to include “solidarily” ”, (xiiixii) “gross negligence or willful misconduct” shall be deemed to be “intentional or gross fault”, (xivxiii) “beneficial ownership” shall be deemed to include “ownership on behalf of another as mandatary”, (xvxiv) “easement” shall be deemed to include “servitude”, (xvixv) “priority” shall be deemed to include “prior claim”, (xviixvi) “survey” shall be deemed to include “certificate of location and plan”, (xvii) “accounts” shall include “claims” and “monetary claims”, (xviii) “fee simple title” shall be deemed to include “absolute ownership”, and (xix) “foreclosureleasehold interest” shall be deemed to include “a valid lease”, and (xx) any reference to a PPSA financing statement, financing change statement or like document shall include the exercise equivalent filing under the Civil Code of a hypothecary recourse”. The parties hereto confirm that it is their wish that this Agreement and any other document executed in connection with the transactions contemplated herein be drawn up in the English language only (except if another language is required under any applicable law) and that all other documents contemplated thereunder or relating thereto, including notices, may also be drawn up in the English language only. Les parties aux présentes confirment que c’est leur volonté que cette convention et les autres documents de crédit soient rédigés en langue anglaise seulement et que tous les documents, y compris tous avis, envisagés par cette convention et les autres documents peuvent être rédigés en langue anglaise seulement (sauf si une autre langue est requise en vertu d’une loi applicable)Québec.

Appears in 3 contracts

Samples: First Lien Credit Agreement (GMS Inc.), First Lien Credit Agreement (GMS Inc.), First Lien Credit Agreement (GMS Inc.)

Quebec Interpretation. For purposes of any Collateral assets, liabilities or entities located in the Province of Quebec or charged by any deed of hypothec (or any other Credit Document) and for all other purposes pursuant to which the interpretation or construction of a Credit Document this Agreement may be subject to the laws of the Province of Quebec or a court or tribunal exercising jurisdiction in the Province of Quebec, (ia) “personal property” shall be deemed to include “movable property”, (iib) “real property” or “real estate” shall be deemed to include “immovable property”, ” and “Mining Rights” which are immovable real rights (iiior are deemed to be immovable real rights) under the laws of the Province of Quebec (c) “tangible property” shall be deemed to include “corporeal property”, (ivd) “intangible property” shall be deemed to include “incorporeal property”, (ve) “security interest”, “mortgage” and “lien” shall be deemed to include a “hypothec”, “right of retention”, “prior claim” and , “reservation of ownership”, a resolutory clause,” ; (vif) all references to filing, perfection, registering or recording under the UCC or the PPSA a Personal Property Security Act shall be deemed to include publication under the Civil Code of Quebec, (viig) all references to “perfection” of or “perfected” Liens liens or security interest shall be deemed to include a reference to an “opposable” or “set up” Liens hypothec as against third parties, (viiih) any “right of offset”, “right of setoff” or similar expression shall be deemed to include a “right of compensation”, (ixi) “goods” shall be deemed to include “corporeal movable property” other than chattel paper, documents of title, instruments, money and securities, (xj) an “agent” shall be deemed to include a “mandatary,” ”, (xik) “construction liens” or “mechanics, materialmen, repairmen, construction contractors or other like Liens” shall be deemed to include “legal hypothecs” and “legal hypothecs in favour of Persons having taken part in the construction or renovation of an immovable”, (xiil) “joint and several” shall be deemed to include “solidary” and “jointly and severally” shall be deemed to include “solidarily” ”, (xiiim) “gross negligence or willful wilful misconduct” shall be deemed to be “intentional or gross fault”, (xivn) “beneficial ownership” shall be deemed to include “ownership on behalf of another as mandatary”, (xvo) “easement” shall be deemed to include “servitude”, (xvip) “priority” shall be deemed to include “rank” or “prior claim”, as applicable (xviiq) “survey” shall be deemed to include “certificate of location and plan”, (xviiir) “state” shall include “province”, (s) “fee simple title” shall be deemed to include “absolute ownership” and “ownership” (including ownership under a right of superficies), (t) “accounts” shall include “claims”, (u) “legal title” shall include “holding title on behalf of an owner as mandatory or xxxxx-nom”, (v) “ground lease” shall include “emphyteusis” or a “lease with a right of superficies, as applicable, (w) “leasehold interest” shall include a “valid lease”, (x) “lease” shall include a “leasing contract” and (xixy) “foreclosureguarantee” and “guarantor” shall be deemed to include “the exercise of a hypothecary recoursesuretyship” and “surety. The parties hereto confirm that it is their wish that this Agreement and any other document executed in connection with the transactions contemplated herein be drawn up in the English language only (except if another language is required under any applicable law) and that all other documents contemplated thereunder or relating thereto, including notices, may also be drawn up in the English language only. Les parties aux présentes confirment que c’est leur volonté que cette convention et les autres documents de crédit soient rédigés en langue anglaise seulement et que tous les documents, y compris tous avis, envisagés par cette convention et les autres documents peuvent être rédigés en langue anglaise seulement (sauf si une autre langue est requise en vertu d’une loi applicable)respectively.

Appears in 1 contract

Samples: Credit Agreement (Hecla Mining Co/De/)

Quebec Interpretation. For purposes of any Collateral located in the Province of Quebec or charged by any deed of hypothec (or any other Credit Loan Document) and for all other purposes pursuant to which the interpretation or construction of a Credit Loan Document may be subject to the laws of the Province of Quebec or a court or tribunal exercising jurisdiction in the Province of Quebec, (i) "personal property" shall be deemed to include "movable property", (ii) "real property" shall be deemed to include "immovable property", (iii) "tangible property" shall be deemed to include "corporeal property", (iv) "intangible property" shall be deemed to include "incorporeal property", (v) "security interest", "mortgage" and "lien" shall be deemed to include a "hypothec", "prior claim" and a "resolutory clause,” ", (vi) all references to filing, registering or recording under the UCC or the PPSA shall be deemed to include publication under the Civil Code of Quebec, (vii) all references to "perfection" of or "perfected" Liens shall be deemed to include a reference to an "opposable" or "set up" Liens as against third parties, (viii) any "right of offset", "right of setoff" or similar expression shall be deemed to include a "right of compensation", (ix) "goods" shall be deemed to include "corporeal movable property" other than chattel paper, documents of title, instruments, money and securities, (x) an "agent" shall be deemed to include a "mandatary," (xi) "construction liens" shall be deemed to include "legal hypothecs", (xii) "joint and several" shall be deemed to include "solidary" and "jointly and severally" shall be deemed to include "solidarily" (xiii) "gross negligence or willful misconduct" shall be deemed to be "intentional or gross fault", (xiv) "beneficial ownership" shall be deemed to include "ownership on behalf of another as mandatary", (xv) "easement" shall be deemed to include "servitude", (xvi) "priority" shall be deemed to include "prior claim", (xvii) "survey" shall be deemed to include "certificate of location and plan", (xviii) "fee simple title" shall be deemed to include "absolute ownership", and (xix) "foreclosure" shall be deemed to include "the exercise of a hypothecary recourse". The parties hereto confirm that it is their wish that this Agreement and any other document executed in connection with the transactions contemplated herein be drawn up in the English language only (except if another language is required under any applicable law) and that all other documents contemplated thereunder or relating thereto, including notices, may also be drawn up in the English language only. Les parties aux présentes confirment que c’est c'est leur volonté que cette convention et les autres documents de crédit soient rédigés en langue anglaise seulement et que tous les documents, y compris tous avis, envisagés par cette convention et les autres documents peuvent être rédigés en langue anglaise seulement (sauf si une autre langue est requise en vertu d’une d'une loi applicable).. ​ ​ ​

Appears in 1 contract

Samples: Credit and Security Agreement (Greenbrook TMS Inc.)

Quebec Interpretation. For purposes of any Collateral assets, liabilities or entities located in the Province of Quebec or charged by any deed of hypothec (or any other Credit Document) and for all other purposes pursuant to which the interpretation or construction of a Credit Document this Agreement may be subject to the laws of the Province of Quebec or a court or tribunal exercising jurisdiction in the Province of Quebec, (ia) “personal property” shall be deemed to include “movable property”, (iib) “real property” or “real estate” shall be deemed to include “immovable property”, (iiic) “tangible property” shall be deemed to include “corporeal property”, (ivd) “intangible property” shall be deemed to include “incorporeal property”, (ve) “security interest”, “mortgage” and “lien” shall be deemed to include a “hypothec”, “right of retention”, “prior claim”, “reservation of ownership” and a resolutory clause,” , (vif) all references to filing, perfection, priority, remedies, registering or recording under the UCC Uniform Commercial Code or the PPSA shall be deemed to include publication under the Civil Code of Quebec, (viig) all references to “perfection” of or “perfected” Liens liens or security interest shall be deemed to include a reference to an “opposable” or “set up” Liens hypothec as against third parties, (viiih) any “right of offset”, “right of setoff” or similar expression shall be deemed to include a “right of compensation”, (ixi) “goods” shall be deemed to include “corporeal movable property” other than chattel paper, documents of title, instruments, money and securities, (xj) an “agent” shall be deemed to include a “mandatary,” ”, (xik) “construction liens” or “mechanics, materialmen, repairmen, construction contractors or other like Liens” shall be deemed to include “legal hypothecs” and “legal hypothecs in favor of persons having taken part in the construction or renovation of an immovable”, (xiil) “joint and several” shall be deemed to include “solidary” and “jointly and severally” shall be deemed to include “solidarily” ”, (xiiim) “gross negligence or willful misconduct” shall be deemed to be “intentional or gross fault”, (xivn) “beneficial ownership” shall be deemed to include “ownership on behalf of another as mandatary”, (xvo) “easement” shall be deemed to include “servitude”, (xvip) “priority” shall be deemed to include “rank” or “prior claim”, as applicable (xviiq) “survey” shall be deemed to include “certificate of location and plan”, (xviiir) “state” shall include “province”, (s) “fee simple title” shall be deemed to include “absolute ownership” and “ownership” (including ownership under a right of superficies), (t) “accounts” shall include “claims”, and (xixu) “foreclosurelegal title” shall be deemed to including “holding title on behalf of an owner as mandatory or pxxxx-nom”, (v) “ground lease” shall include “the exercise emphyteusis” or a “lease with a right of superficies”, as applicable, (w) “leasehold interest” shall include a hypothecary recourse“valid lease, (x) “lease” shall include a “leasing contract” and (y) “guarantee” and “guarantor” shall include “suretyship” and “surety”, respectively. The parties hereto confirm that it is their wish that this Agreement and any other document executed in connection with the transactions contemplated herein be drawn up in the English language only (except if another language is required under any applicable lawLaw) and that all other documents contemplated thereunder or relating thereto, including notices, may also be drawn up in the English language only. Les parties aux présentes confirment que c’est leur volonté que cette convention et les autres documents de crédit soient rédigés en langue anglaise seulement et que tous les documents, y compris tous avis, envisagés par cette convention et les autres documents peuvent être rédigés en langue anglaise seulement (sauf si une autre langue est requise en vertu d’une loi applicable).

Appears in 1 contract

Samples: Credit Agreement (Montrose Environmental Group, Inc.)

Quebec Interpretation. For purposes of any Collateral located in the Province of Quebec or charged by any deed of hypothec (or any other Credit Loan Document) and for all other purposes pursuant to which the interpretation or construction of a Credit Loan Document may be subject to the laws of the Province of Quebec or a court or tribunal exercising jurisdiction in the Province of Quebec, (i) “personal property” shall be deemed to include “movable property”, (ii) “real property” shall be deemed to include “immovable property”, (iii) “tangible property” shall be deemed to include “corporeal property”, (iv) “intangible property” shall be deemed to include “incorporeal property”, (v) security interest”, “mortgage” and “lienmortgage” shall be deemed to include a “hypothec”, “prior claim” and a “resolutory clause,” (vi) all references to filing, registering or recording under the UCC or the PPSA shall be deemed to include publication by registration under the Civil Code of Quebec, (vii) all references to “perfection” of or “perfected” Liens shall be deemed to include a reference to an the opposableopposabilityor “set up” of such Liens as against to third parties, (viii) any “right of offset”, “right of setoff” or similar expression shall be deemed to include a “right of compensation”, (ix) “goods” shall be deemed to include “corporeal movable property” other than chattel paper, documents of title, instruments, money and securities, (x) an “agent” shall be deemed to include a “mandatary,”, (xi) “foreclosure” shall be deemed to include the “exercise of a hypothecary right”, (xii) “lease” shall be deemed to include a “lease” or a “contract of leasing (crédit-bail)”, as applicable, (xiii) “deposit account” shall be deemed to include a “financial account” (xiwithin the meaning of Article 2713.6 of the Civil Code of Quebec), (xiv) “construction liens” shall be deemed to include “legal hypothecs”, (xiixv) “joint and several” shall be deemed to include “solidary” and “jointly and severally” shall be deemed to include “solidarily,” (xiiixvi) “gross negligence or willful misconduct” shall be deemed to be “intentional or gross fault”, (xivxvii) “beneficial ownership” shall be deemed to include “ownership on behalf of another as mandataryownership”, (xvxviii) “easement” shall be deemed to include “servitude”, (xvixix) “priority” shall be deemed to include “rank” or “prior claim”, as applicable, (xviixx) “legal title” shall be deemed to include “holding title on behalf of an owner as mandatary or xxxxx-nom”, (xxi) “survey” shall be deemed to include “certificate of location and plan”, (xviiixxii) “fee simple title” and “fee title” shall be deemed to include “absolute right of ownership”, and (xixxxiii) foreclosure” shall be deemed to include “the exercise of a hypothecary recourseright, (xxiv) “leasehold interest” shall be deemed to include “valid rights resulting from a lease”, (xxv) “guarantee” and “guarantor” shall include “suretyship” and “surety”, and (xxvi) “account” and “receivable” shall be deemed to include “claim” (including “monetary claim” within the meaning of the Civil Code of Quebec). The parties hereto confirm that it is their wish that this Agreement and any other document executed in connection with the transactions contemplated herein be drawn up in the English language only (except if another language is required under any applicable law) and that all other documents contemplated thereunder or relating thereto, including notices, may also be drawn up in the English language only. Les parties aux présentes confirment que c’est leur volonté que cette convention et les autres documents de crédit soient rédigés en langue anglaise seulement et que tous les documents, y compris tous avis, envisagés par cette convention et les autres documents peuvent être rédigés en langue anglaise seulement (sauf si une autre langue est requise en vertu d’une loi applicable).Each party hereto hereby confirms

Appears in 1 contract

Samples: Credit and Security Agreement (Titan International Inc)

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Quebec Interpretation. Clause For purposes of any Collateral property located in the Province of Quebec or charged by any deed of hypothec (or any other Credit DocumentDocument governed by the laws of the Province of Quebec) and for all other purposes pursuant to which the interpretation or construction of a Credit Document may be subject to the laws of the Province of Quebec or a court or tribunal exercising jurisdiction in the Province of Quebec, (ia) “personal property” shall be deemed to include “movable property”, (iib) “real property” shall be deemed to include “immovable property”, (iiic) “tangible property” shall be deemed to include “corporeal property”, (ivd) “intangible property” shall be deemed to include “incorporeal property”, (ve) “security interest”, “mortgage” and “lien” shall be deemed to include a “hypothec”, “prior claim” and a “resolutory clause,” (vif) all references to filing, registering or recording under the UCC or the PPSA shall be deemed to include publication under the Civil Code of QuebecQuébec, (viig) all references to “perfection” of or “perfected” Liens shall be deemed to include a reference to an “opposable” or “set up” Liens Lien as against third parties, (viiih) any “right of offset”, “right of setoff” or similar expression shall be deemed to include a “right of compensation”, (ixi) “goods” shall be deemed to include “corporeal movable property” other than chattel paper, documents of title, instruments, money and securities, (xj) an “agent” shall be deemed to include a “mandatary,” (xik) “construction liens” shall be deemed to include “legal hypothecs”, (xiil) “joint and several” shall be deemed to include “solidary” and “jointly and severally” shall be deemed to include “solidarily” (xiiim) “gross negligence or willful misconduct” shall be deemed to be “intentional or gross fault”, (xivn) “beneficial ownership” shall be deemed to include “ownership on behalf of another as mandataryownership”, (xvo) “easement” shall be deemed to include “servitude”, (xvip) “priority” shall be deemed to include “rank” or “prior claim”, as applicable (xviiq) “survey” shall be deemed to include “certificate of location and plan”, (xviiir) “fee simple title” shall be deemed to include “absolute ownership”, and (xixs) “foreclosureleasehold interest” shall be deemed to include “the exercise rights resulting from a lease”, and (t) “lease” shall be deemed to include a “contract of a hypothecary recourseleasing (crédit-bail)”. Section 1.13 Rates The parties hereto confirm that it is their wish that this Agreement Administrative Agent does not warrant or accept responsibility for, and shall not have any liability with respect to (a) the continuation of, administration of, submission of, calculation of or any other document executed in connection with the transactions contemplated herein be drawn up matter related to ABR Rate, any Term Benchmark or any component definition thereof - 52 - 1808964.02A-NYCSR03A - MSWLEGAL_1:80104430.16 or rates referred to in the English language only definition thereof, or any alternative, successor or replacement rate thereto (except if another language is required under including any applicable lawBenchmark Replacement), including whether the composition or characteristics of any such alternative, successor or replacement rate (including any Benchmark Replacement) will be similar to, or produce the same value or economic equivalence of, or have the same volume or liquidity as, ABR Rate, any Term Benchmark or any other Benchmark prior to its discontinuance or unavailability, or (b) the effect, implementation or composition of any Conforming Changes. The Administrative Agent and its affiliates or other related entities may engage in transactions that all other documents contemplated thereunder affect the calculation of ABR Rate, any Term Benchmark, any alternative, successor or relating replacement rate (including any Benchmark Replacement) or any relevant adjustments thereto, in each case, in a manner that may be adverse to the Borrower. The Administrative Agent may select information sources or services in its reasonable discretion to ascertain ABR Rate, any Term Benchmark or any other Benchmark, in each case pursuant to the terms of this Agreement, and shall have no liability to the Borrower, any Lender or any other person or entity for damages of any kind, including noticesdirect or indirect, may also be drawn up special, punitive, incidental or consequential damages, costs, losses or expenses (whether in the English language onlytort, contract or otherwise and whether at law or in equity), for any error or calculation of any such rate (or component thereof) provided by any such information source or service. Les parties aux présentes confirment que c’est leur volonté que cette convention et les autres documents de crédit soient rédigés en langue anglaise seulement et que tous les documents, y compris tous avis, envisagés par cette convention et les autres documents peuvent être rédigés en langue anglaise seulement (sauf si une autre langue est requise en vertu d’une loi applicable).ARTICLE 2

Appears in 1 contract

Samples: Credit Agreement (Open Text Corp)

Quebec Interpretation. For purposes of any Collateral located in the Province of Quebec or charged by any deed of hypothec (or any other Credit Loan Document) and for all other purposes pursuant to which the interpretation or construction of a Credit Loan Document may be subject to the laws of the Province of Quebec or a court or tribunal exercising jurisdiction in the Province of Quebec, (i) "personal property" shall be deemed to include "movable property", (ii) "real property" shall be deemed to include "immovable property", (iii) "tangible property" shall be deemed to include "corporeal property", (iv) "intangible property" shall be deemed to include "incorporeal property", (v) "security interest", "mortgage" and "lien" shall be deemed to include a "hypothec", "prior claim" and a "resolutory clause,” ", (vi) all references to filing, registering or recording under the UCC or the PPSA shall be deemed to include publication under the Civil Code of Quebec, (vii) all references to "perfection" of or "perfected" Liens shall be deemed to include a reference to an "opposable" or "set up" Liens as against third parties, (viii) any "right of offset", "right of setoff" or similar expression shall be deemed to include a "right of compensation", (ix) "goods" shall be deemed to include "corporeal movable property" other than chattel paper, documents of title, instruments, money and securities, (x) an "agent" shall be deemed to include a "mandatary," (xi) "construction liens" shall be deemed to include "legal hypothecs", (xii) "joint and several" shall be deemed to include "solidary" and "jointly and severally" shall be deemed to include "solidarily" (xiii) "gross negligence or willful misconduct" shall be deemed to be "intentional or gross fault", (xiv) "beneficial ownership" shall be deemed to include "ownership on behalf of another as mandatary", (xv) "easement" shall be deemed to include "servitude", (xvi) "priority" shall be deemed to include "prior claim", (xvii) "survey" shall be deemed to include "certificate of location and plan", (xviii) "fee simple title" shall be deemed to include "absolute ownership", and (xix) "foreclosure" shall be deemed to include "the exercise of a hypothecary recourse". The parties hereto confirm that it is their wish that this Agreement and any other document executed in connection with the transactions contemplated herein be drawn up in the English language only (except if another language is required under any applicable law) and that all other documents contemplated thereunder or relating thereto, including notices, may also be drawn up in the English language only. Les parties aux présentes confirment que c’est c'est leur volonté que cette convention et les autres documents de crédit soient rédigés en langue anglaise seulement et que tous les documents, y compris tous avis, envisagés par cette convention et les autres documents peuvent être rédigés en langue anglaise seulement (sauf si une autre langue est requise en vertu d’une d'une loi applicable).

Appears in 1 contract

Samples: Credit and Security Agreement (Greenbrook TMS Inc.)

Quebec Interpretation. For purposes of any Collateral assets, liabilities or entities located in the Province of Quebec or charged by any deed of hypothec (or any other Credit Document) Québec and for all other purposes pursuant to which the interpretation or construction of a Credit Document this Agreement may be subject to the laws of the Province of Quebec Québec or a court or tribunal exercising jurisdiction in the Province of QuebecQuébec, (i) “personal property” shall be deemed to include “movable property”, (ii) “real property” shall be deemed to include “immovable property”, (iii) “tangible property” shall be deemed to include “corporeal property”, (iv) “intangible property” shall be deemed to include “incorporeal property”, (v) “security interest”, “mortgage” and “lien” shall be deemed to include a “hypothec”, “prior claim”, “reservation of ownership” and a “resolutory clause,” ”, (vi) all references to filing, registering or recording under the UCC or the PPSA shall be deemed to include publication under the Civil Code of QuebecQuébec, (vii) all references to “perfection” of or “perfected” Liens liens or security interest shall be deemed to include a reference to an “opposable” or “set up” Liens hypothec as against third parties, (viii) any “right of offset”, “right of setoff” or similar expression shall be deemed to include a “right of compensation”, (ix) “goods” shall be deemed to include “corporeal movable property” other than chattel paper, documents of title, instruments, money and securities, (x) an “agent” shall be deemed to include a “mandatary,” ”, (xi) “construction liens” shall be deemed to include “legal hypothecshypothecs in favour of persons having taken part in the construction or renovation of an immovable, ; (xii) “joint and several” shall be deemed to include “solidary” and “jointly and severally” shall be deemed to include “solidarily” ”; (xiii) “gross negligence or willful misconduct” shall be deemed to be “intentional or gross fault”, ; (xiv) “beneficial ownership” shall be deemed to include “ownership ownership”; (xv) “legal title” shall be deemed to include “holding title on behalf of another an owner as mandatarymandatary or xxxxx-nom, ; (xvxvi) “easement” shall be deemed to include “servitude”, ; (xvixvii) “priority” shall be deemed to include “rank” or “prior claim”, as applicable; (xviixviii) “survey” shall be deemed to include “certificate of location and plan”, ; (xviiixix) “state” shall be deemed to include “province”; (xx) “fee simple title” shall be deemed to include “absolute ownership”, and (xixincluding ownership under a right of superficies); (xi) “foreclosureground lease” shall be deemed to include “the exercise emphyteusis” or a “lease with a right of superficies”, as applicable; (xii) “leasehold interest” shall be deemed to include “a hypothecary recoursevalid lease”; and (xiii) “lease” shall be deemed to include a “leasing contract”. The parties hereto confirm that it is their wish that this Agreement and any other document executed in connection with the transactions contemplated herein be drawn up in the English language only (except if another language is required under any applicable law) and that all other documents contemplated thereunder or relating thereto, including notices, may also be drawn up in the English language only. Les parties aux présentes confirment que c’est leur volonté que cette convention et les autres documents de crédit soient rédigés en langue anglaise seulement et que tous les documents, y compris tous avis, envisagés par cette convention et les autres documents peuvent être rédigés rédigés, en la langue anglaise seulement (sauf si une autre langue est requise en vertu d’une loi applicable)seulement.

Appears in 1 contract

Samples: Credit Agreement (TRAC Intermodal LLC)

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