Quebec Matters. (a) For purposes of any assets, liabilities or entities located in the Province of Quebec and for all other purposes pursuant to which the interpretation or construction of 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, (a) “personal property” shall include “movable property”, (b) “real property” or “real estate” shall include “immovable property”, (c) “tangible property” shall include “corporeal property”, (d) “intangible property” shall include “incorporeal property”, (e) “security interest”, “mortgage” and “lien” shall include a “hypothec”, “right of retention”, “prior claim” , “reservation of ownership” and a resolutory clause, (f) all references to filing, perfection, priority, remedies, registering or recording under the UCC or the PPSA shall include publication under the Civil Code of Quebec, (g) all references to “perfection” of or “perfected” liens or security interest shall include a reference to an “opposable” or “set up” hypothec as against third parties, (h) any “right of offset”, “right of setoff” or similar expression shall include a “right of compensation”, (i) “goods” shall include “corporeal movable property” other than chattel paper, documents of title, instruments, money and securities, (j) an “agent” shall include a “mandatary”, (k) “construction liens” or “mechanics, materialmen, repairmen, construction contractors or other like Liens” shall include “legal hypothecs” and “legal hypothecs in favor of persons having taken part in the construction or renovation of an immovable”, (l) “joint and several” shall include “solidary”, (m) “gross negligence or willful misconduct” shall be deemed to be “intentional or gross fault”, (n) “beneficial ownership” shall include “ownership on behalf of another as mandatary”, (o) “easement” shall include “servitude”, (p) “priority” shall include “rank” or “prior claim”, as applicable (q) “survey” shall include “certificate of location and plan”, (r) “state” shall include “province”, (s) “fee simple title” shall 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 (y) “guarantee” and “guarantor” shall include “suretyship” and “surety”, respectively.
Appears in 5 contracts
Samples: First Lien Credit Agreement (Clarios International Inc.), Abl Credit Agreement (Clarios International Inc.), Abl Credit Agreement (Clarios International Inc.)
Quebec Matters. (a) For purposes of any assets, liabilities or entities located in the Province of Quebec Québec and for all other purposes pursuant to which the interpretation or construction of this Agreement may be subject to the laws of the Province of Quebec Québec or a court or tribunal exercising jurisdiction juris diction in the Province of QuebecQuébec, (a) “personal property” shall include “movable property”, (b) “real property” or “real estate” shall include “immovable property”, (c) “tangible property” shall include “corporeal property”, (d) “intangible property” shall include “incorporeal property”, (e) “security interest”, “mortgage” and “lien” shall include a “hypothec”, “right of retention”, “prior claim” , “reservation of ownership” and a resolutory clause, (f) all references to filing, perfection, priority, remedies, registering or recording under the UCC or the a PPSA shall include publication under the Civil Code of QuebecQuébec, (g) all references to “perfection” of or “perfected” liens or security interest shall include a reference to an “opposable” or “set up” hypothec as against third parties, (h) any “right of offset”, “right of setoff” or similar expression shall include a “right of compensation”, (i) “goods” shall include “corporeal movable property” other than chattel paper, documents of title, instruments, money and securities, (j) an “agent” shall include a “mandatary”, (k) “construction liens” or “mechanics, materialmen, repairmen, construction contractors or other like Liens” shall include “legal hypothecs” and “legal hypothecs in favor favour of persons having taken part in the construction or renovation of an immovable”, (l) “joint and several” shall include “solidary”, (m) “gross negligence or willful wilful misconduct” shall be deemed to be “intentional or gross fault”, (n) “beneficial ownership” shall include “ownership on behalf of another as mandatary”, (o) “easement” shall include “servitude”, (p) “priority” shall include “rank” or “prior claim”, as applicable (q) “survey” shall include “certificate of location and plan”, (r) “state” shall include “province”, (s) “fee simple title” shall 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 (y) “guarantee” and “guarantor” shall include “suretyship” and “surety”, respectively.absolute
Appears in 3 contracts
Samples: Forbearance Agreement and First Omnibus Amendment to Credit Agreement and Loan Documents (TENOR CAPITAL MANAGEMENT Co., L.P.), Forbearance Agreement and First Omnibus Amendment to Credit Agreement and Loan Documents (Endurant Capital Management LP), Forbearance Agreement and First Omnibus Amendment to Credit Agreement and Loan Documents (DG Capital Management, LLC)
Quebec Matters. (a) For purposes of any assets, liabilities or entities Collateral located in the Province of Quebec Québec or charged by the Security Documents governed by the laws of the Province of Québec and for all other purposes pursuant to which the interpretation or construction of this Agreement a 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, (a) “personal property” shall be deemed to include “movable property”, (b) “real property” or “real estate” shall be deemed to include “immovable property”, (c) “tangible property” shall be deemed to include “corporeal property”, (d) “intangible property” shall be deemed to include “incorporeal property”, (e) “security interest”, ” and “mortgage” and “lien” shall be deemed to include a “hypothec”, “right of retention”, “prior claim” , “reservation of ownership” and a resolutory clause, (f) all references to filing, perfection, priority, remedies, registering or recording under the UCC or the PPSA shall be deemed to include publication under the Civil Code of QuebecQuébec, (g) all references to “perfection” of or “perfected” liens or security interest Liens shall be deemed to include a reference to an the “opposableopposability” or “set up” hypothec as against of such Liens to third parties, (h) any “right of offset”, “right of setoff” or similar expression shall be deemed to include a “right of compensation”, (i) “goods” shall be deemed to include “corporeal movable property” other than chattel paper, documents of title, instruments, money and securities, (j) an “agent” shall be deemed to include a “mandatary”, (k) “construction liens” or “mechanics, materialmen, repairmen, construction contractors or other like Liens” shall include “legal hypothecs” and “legal hypothecs in favor of persons having taken part in the construction or renovation of an immovable”, (l) “joint and several” shall be deemed to include “solidary”, (ml) “gross negligence or willful misconduct” shall be deemed to be “intentional or gross fault”, ” and (nm) “beneficial ownership” shall be deemed to include “ownership on behalf of another as mandatarymandatory”, (o) “easement” shall include “servitude”, (p) “priority” shall include “rank” or “prior claim”, as applicable (q) “survey” shall include “certificate of location and plan”, (r) “state” shall include “province”, (s) “fee simple title” shall 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 (y) “guarantee” and “guarantor” shall include “suretyship” and “surety”, respectively.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Team Inc), Term Loan Credit Agreement (Team Inc)
Quebec Matters. (a) For purposes of any assets, liabilities or entities Collateral located in the Province of Quebec Québec or charged by the Security Documents governed by the laws of the Province of Québec and for all other purposes pursuant to which the interpretation or construction of this Agreement a 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, (a) “"personal property” " shall be deemed to include “"movable property”", (b) “"real property” or “real estate” " shall be deemed to include “"immovable property”", (c) “"tangible property” " shall be deemed to include “"corporeal property”", (d) “"intangible property” " shall be deemed to include “"incorporeal property”", (e) “"security interest”, “" and "mortgage” and “lien” " shall be deemed to include a “"hypothec”, “right of retention”, “prior claim” , “reservation of ownership” and a resolutory clause", (f) all references to filing, perfection, priority, remedies, registering or recording under the UCC or the PPSA shall be deemed to include publication under the Civil Code of QuebecQuébec, (g) all references to “"perfection” " of or “"perfected” liens or security interest " Liens shall be deemed to include a reference to an “opposable” or “set up” hypothec as against the "opposability" of such Liens to third parties, (h) any “"right of offset”", “"right of setoff” " or similar expression shall be deemed to include a “"right of compensation”", (i) “"goods” " shall be deemed to include “"corporeal movable property” " other than chattel paper, documents of title, instruments, money and securities, (j) an “"agent” " shall be deemed to include a “"mandatary”", (k) “construction liens” or “mechanics, materialmen, repairmen, construction contractors or other like Liens” "joint and several" 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”"solidary", (l) “joint and several” shall include “solidary”, (m) “"gross negligence or willful misconduct” " shall be deemed to be “"intentional or gross fault”, " and (nm) “"beneficial ownership” " shall be deemed to include “"ownership on behalf of another as mandatary”, (o) “easement” shall include “servitude”, (p) “priority” shall include “rank” or “prior claim”, as applicable (q) “survey” shall include “certificate of location and plan”, (r) “state” shall include “province”, (s) “fee simple title” shall 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 (y) “guarantee” and “guarantor” shall include “suretyship” and “surety”, respectivelymandatory".
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Team Inc), Credit Agreement (Team Inc)
Quebec Matters. (a) For purposes of any assets, liabilities or entities located in the Province of Quebec Québec and for all other purposes pursuant to which the interpretation or construction of this Agreement may be subject to the laws of the Province of Quebec Québec or a court or tribunal exercising jurisdiction juris diction in the Province of QuebecQuébec, (a) “personal property” shall include “movable property”, (b) “real property” or “real estate” shall include “immovable property”, (c) “tangible property” shall include “corporeal property”, (d) “intangible property” shall include “incorporeal property”, (e) “security interest”, “mortgage” and “lien” shall include a “hypothec”, “right of retention”, “prior claim” , “reservation of ownership” and a resolutory clause, (f) all references to filing, perfection, priority, remedies, registering or recording under the UCC or the a PPSA shall include publication under the Civil Code of QuebecQuébec, (g) all references to “perfection” of or “perfected” liens or security interest shall include a reference to an “opposable” or “set up” hypothec as against third parties, (h) any “right of offset”, “right of setoff” or similar expression shall include a “right of compensation”, (i) “goods” shall include “corporeal movable property” other than chattel paper, documents of title, instruments, money and securities, (j) an “agent” shall include a “mandatary”, (k) “construction liens” or “mechanics, materialmen, repairmen, construction contractors or other like Liens” shall include “legal hypothecs” and “legal hypothecs in favor favour of persons having taken part in the construction or renovation of an immovable”, (l) “joint and several” shall include “solidary”, (m) “gross negligence or willful wilful misconduct” shall be deemed to be “intentional or gross fault”, (n) “beneficial ownership” shall include “ownership on behalf of another as mandatary”, (o) “easement” shall include “servitude”, (p) “priority” shall include “rank” or “prior claim”, as applicable (q) “survey” shall include “certificate of location and plan”, (r) “state” shall include “province”, (s) “fee simple title” shall include “absolute ownership” and “ownership” (including ownership under a right of superficies), (t) “accounts” shall include “claims”, (u) “legal title” shall include be including “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 (y) “guarantee” and “guarantor” shall include “suretyship” and “surety”, respectively.
Appears in 2 contracts
Samples: Credit Agreement (INVACARE HOLDINGS Corp), Amendment Agreement and Joinder to Foreign Guarantee Agreement (Invacare Corp)
Quebec Matters. (a) For purposes of any assets, liabilities or entities located in the Province of Quebec Québec and for all other purposes pursuant to which the interpretation or construction of 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, (a) “personal property” shall include “movable property”, (b) “real property” or “real estate” shall include “immovable property”, (c) “tangible property” shall include “corporeal property”, (d) “intangible property” shall include “incorporeal property”, (e) “security interest”, “mortgage” and “lien” shall include a “hypothec”, “right of retention”, “prior claim” , “reservation of ownership” and a resolutory clause, (f) all references to filing, perfection, priority, remedies, registering or recording under the UCC Uniform Commercial Code or the PPSA shall include publication under the Civil Code of QuebecQuébec, (g) all references to “perfection” of or “perfected” liens or security interest shall include a reference to an “opposable” or “set up” hypothec lien or security interest as against third parties, (h) any “right of offset”, “right of setoff” or similar expression shall include a “right of compensation”, (i) “goods” shall include “corporeal movable property” other than chattel paper, documents of title, instruments, money and securities, (j) an “agent” shall include a “mandatary”, (k) “construction liens” or “mechanics, materialmen, repairmen, construction contractors or other like Liens” shall include “legal hypothecs” and “legal hypothecs in favor of persons having taken part in the construction or renovation of an immovable”, ; (l) “joint and several” shall include “solidary”, ; (m) “gross negligence or willful misconduct” shall be deemed to be “intentional or gross fault”, ; (n) “registered ownership held for a beneficial ownershipowner” shall include “ownership on behalf of another as mandatary”, ; (o) “easement” shall include “servitude”, ; (p) “priority” shall include “rank” or “prior claim”, as applicable ; (q) “survey” shall include “certificate of location and plan”, ; (r) “state” shall include “province”, ; (s) “fee simple title” shall 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 (y) “guarantee” and “guarantor” shall include “suretyship” and “surety”, respectively.
Appears in 2 contracts
Samples: Credit Agreement (Wolverine World Wide Inc /De/), Credit Agreement (Wolverine World Wide Inc /De/)
Quebec Matters. (a) For purposes of any assets, liabilities or entities located in the Province of Quebec Québec and for all other purposes pursuant to which the interpretation or construction of this Agreement Indenture may be subject to the laws of the Province of Quebec Québec or a court or tribunal exercising jurisdiction juris diction in the Province of QuebecQuébec, (a) “personal property” shall include “movable property”, (b) “real property” or “real estate” shall include “immovable property”, (c) “tangible property” shall include “corporeal property”, (d) “intangible property” shall include “incorporeal property”, (e) “security interest”, “mortgage” and “lien” shall include a “hypothec”, “right of retention”, “prior claim” , “reservation of ownership” and a resolutory clause, (f) all references to filing, perfection, priority, remedies, registering or recording under the UCC or the a PPSA shall include publication under the Civil Code of QuebecQuébec, (g) all references to “perfection” of or “perfected” liens or security interest shall include a reference to an “opposable” or “set up” hypothec as against third parties, (h) any “right of offset”, “right of setoff” or similar expression shall include a “right of compensation”, (i) “goods” shall include “corporeal movable property” other than chattel paper, documents of title, instruments, money and securities, (j) an “agent” shall include a “mandatary”, (k) “construction liens” or “mechanics, materialmen, repairmen, construction contractors or other like Liens” shall include “legal hypothecs” and “legal hypothecs in favor favour of persons having taken part in the construction or renovation of an immovable”, (l) “joint and several” shall include “solidary”, (m) “gross negligence or willful wilful misconduct” shall be deemed to be “intentional or gross fault”, (n) “beneficial ownership” shall include “ownership on behalf of another as mandatary”, (o) “easement” shall include “servitude”, (p) “priority” shall include “rank” or “prior claim”, as applicable (q) “survey” shall include “certificate of location and plan”, (r) “state” shall include “province”, (s) “fee simple title” shall include “absolute ownership” and “ownership” (including ownership under a right of superficies), (t) “accounts” shall include “claims”, (u) “legal title” shall include be including “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 (y) “guarantee” and “guarantor” shall include “suretyship” and “surety”, respectively.
Appears in 2 contracts
Samples: Indenture (Invacare Corp), Indenture (Invacare Corp)
Quebec Matters. (a) For purposes of any assets, liabilities or entities located in the Province of Quebec Québec and for all other purposes pursuant to which the interpretation or construction of 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, (a) “personal property” shall include “movable property”, (b) “real property” or “real estate” shall include “immovable property”, (c) “tangible property” shall include “corporeal property”, (d) “intangible property” shall include “incorporeal property”, (e) “security interest”, “mortgage” and “lien” shall include a “hypothec”, “right of retention”, “prior claim” , “reservation of ownership” and a resolutory clause, (f) all references to filing, perfection, priority, remedies, registering or recording under the UCC Uniform Commercial Code or the PPSA a Personal Property Security Act shall include publication under the Civil Code of QuebecQuébec, (g) all references to “perfection” of or “perfected” liens or security interest shall include a reference to an “opposable” or “set up” hypothec lien or security interest as against third parties, (h) any “right of offset”, “right of setoff” or similar expression shall include a “right of compensation”, (i) “goods” shall include “corporeal movable property” other than chattel paper, documents of title, instruments, money and securities, (j) an “agent” shall include a “mandatary”, (k) “construction liens” or “mechanics, materialmen, repairmen, construction contractors or other like Liens” shall include “legal hypothecs” and “legal hypothecs in favor of persons having taken part in the construction or renovation of an immovable”, ; (l) “joint and several” shall include “solidary”, ; (m) “gross negligence or willful wilful misconduct” shall be deemed to be “intentional or gross fault”, ; (n) “beneficial ownership” shall include “ownership on behalf of another as mandatary”, ; (o) “easement” shall include “servitude”, ; (p) “priority” shall include “rank” or “prior claim”, as applicable ; (q) “survey” shall include “certificate of location and plan”, ; (r) “state” shall include “province”, ; (s) “fee simple title” shall include “absolute ownership” and “ownership” (including ownership under a right of superficies), ”; (t) “accounts” shall include “claims”. 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 and that all other documents contemplated thereunder or relating thereto, (u) “legal title” shall include “holding title on behalf of an owner as mandatory or xxxxx-nom”including notices, (v) “ground lease” shall include “emphyteusis” or a “lease with a right of superficiesmay 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, as applicabley compris tous avis, (w) “leasehold interest” shall include a “valid lease”, (x) “lease” shall include a “leasing contract” and (y) “guarantee” and “guarantor” shall include “suretyship” and “surety”, respectivelyenvisagés par cette convention et les autres documents peuvent être rédigés en langue anglaise seulement.
Appears in 2 contracts
Samples: Syndicated Facility Agreement (Sealed Air Corp/De), Syndicated Facility Agreement (Sealed Air Corp/De)
Quebec Matters. (a1) For purposes of any assets, liabilities or entities located in the Province of Quebec Québec and for all other purposes pursuant to which the interpretation or construction of 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, (a) “personal property” shall include “movable property”, (b) “real property” or “real estate” shall include “immovable property”, (c) “tangible property” shall include “corporeal property”, (d) “intangible property” shall include “incorporeal property”, (e) “security interest”, “mortgage”, “charge” and “lien” shall include a “hypothec”, “right of retention”, “prior claim” , “reservation of ownership” and a resolutory clause, (f) all references to filing, perfection, priority, remedies, registering or recording under the UCC Uniform Commercial Code or the PPSA a Personal Property Security Act shall include publication under the Civil Code of QuebecQuébec, (g) all references to “xxxxxx” and “bailee” shall include references to “depositor” and “depositary”, (h) all references to “perfection” of or “perfected” liens or security interest shall include a reference to an “opposable” or “set up” hypothec lien or security interest as against third parties, (hi) any “right of offset”, “right of setoffset-off” or similar expression shall include a “right of compensation”, (ij) “goods” shall include “corporeal movable property” other than chattel paper, documents of title, instruments, money and securities, (jk) an “agent” shall include a “mandatary”, (kl) “construction liens” liens or “mechanics, materialmen, repairmen, construction contractors or other like Liens” similar liens shall include “legal hypothecs” and “legal hypothecs in favor of persons having taken part in the construction or renovation of an immovable”, ; (lm) “joint and several” shall include “solidary”, ; (mn) “gross negligence or willful wilful misconduct” shall be deemed to be “intentional or gross fault”, ; (no) “beneficial ownership” shall include “ownership on behalf of another as mandatary”, ; (op) “easement” shall include “servitude”, ; (pq) “priority” shall include “rank” or “prior claim”, as applicable ; (qr) “survey” shall include “certificate of location and plan”, ; (rs) “state” shall include “province”, (s) “fee simple title” shall include “absolute ownership” and “ownership” (including ownership under a right of superficies), ; (t) “accounts” shall include “claims”. 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 and that all other documents contemplated thereunder or relating thereto, (u) “legal title” shall include “holding title on behalf of an owner as mandatory or xxxxx-nom”including notices, (v) “ground lease” shall include “emphyteusis” or a “lease with a right of superficiesmay 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, as applicabley compris tous avis, (w) “leasehold interest” shall include a “valid lease”, (x) “lease” shall include a “leasing contract” and (y) “guarantee” and “guarantor” shall include “suretyship” and “surety”, respectivelyenvisagés par cette convention et les autres documents peuvent être rédigés en langue anglaise seulement.
Appears in 2 contracts
Samples: Credit Agreement (Tucows Inc /Pa/), Credit Agreement (Tucows Inc /Pa/)
Quebec Matters. (a) For purposes of any assets, liabilities or entities located in the Province of Quebec and for all other purposes pursuant to which the interpretation or construction of this Agreement or any other related document may be subject to the laws of the Province of Quebec or a court or tribunal exercising jurisdiction in the Province of Quebec: (A) "personal property" shall include "movable property", (aB) “personal "real property” " or "real estate" shall include “movable "immovable property”", (bC) “real "tangible property” or “real estate” " shall include “immovable "corporeal property”", (cD) “tangible "intangible property” " shall include “corporeal "incorporeal property”", (dE) “intangible property” "security interest", "mortgage" and "lien" shall include “incorporeal property”"hypothec", (e) “security interest”, “mortgage” and “lien” shall include a “hypothec”, “"right of retention”", “"prior claim” ", “"reservation of ownership” " and a resolutory clause, (fF) all references to filing, perfection, priority, remedies, registering or recording under the UCC or the PPSA shall include publication under the Civil Code of Quebec, (gG) all references to “"perfection” " of or “"perfected” " liens or security interest shall include a reference to an “"opposable” " or “"set up” " hypothec as against third parties, (hH) any “"right of offset”", “"right of setoff” " or similar expression shall include a “"right of compensation”", (iI) “"goods” " shall include “"corporeal movable property” " other than chattel paper, documents of title, instruments, money and securities, (jJ) an “"agent” " shall include a “"mandatary”", (kK) “"construction liens” " or “"mechanics, materialmen, repairmen, construction contractors or other like Liens” " shall include “"legal hypothecs” " and “"legal hypothecs in favor favour of persons having taken part in the construction or renovation of an immovable”", (lL) “"joint and several” " shall include “"solidary”", (mM) “"gross negligence or willful misconduct” " shall be deemed to be “"intentional or gross fault”", (nN) “"beneficial ownership” " shall include “"ownership on behalf of another as mandatary”", (oO) “"easement” " shall include “"servitude”", (pP) “"priority” " shall include “"rank” " or “"prior claim”", as applicable applicable, (qQ) “"survey” " shall include “"certificate of location and plan”", (rR) “state” shall include “province”, (s) “"fee simple title” " shall include “"absolute ownership” " and “"ownership” " (including ownership under a right of superficies), (tS) “accounts” shall include “claims”, (u) “"legal title” " shall include “be including "holding title on behalf of an owner as mandatory mandatary or xxxxx-nom”", (vT) “"ground lease” " shall include “"emphyteusis” " or a “"lease with a right of superficies", as applicable, (wU) “"leasehold interest” " shall include "rights resulting from a lease", (V) "lease" shall include a “valid lease”"leasing contract", (xW) “lease” "foreclosure" shall include a “leasing contract” "the exercise of hypothecary recourse", and (yX) “"guarantee” " and “"guarantor” " shall include “"suretyship” " and “"surety”", respectively. The Parties 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 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 tout autre document signé en lien avec les transactions envisagées aux présentes 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.
Appears in 1 contract
Quebec Matters. (a) For purposes of any assets, liabilities or entities located in the Province of Quebec Québec and for all other purposes pursuant to which the interpretation or construction of this Agreement Indenture may be subject to the laws of the Province of Quebec Québec or a court or tribunal exercising jurisdiction juris diction in the Province of QuebecQuébec, (a) “personal property” shall include “movable property”, (b) “real property” or “real estate” shall include “immovable property”, (c) “tangible property” shall include “corporeal property”, (d) “intangible property” shall include “incorporeal property”, (e) “security interest”, “mortgage” and “lien” shall include a “hypothec”, “right of retention”, “prior claim” , “reservation of ownership” and a resolutory clause, (f) all references to filing, perfection, priority, remedies, registering or recording under the UCC or the a PPSA shall include publication under the Civil Code of QuebecQuébec, (g) all references to “perfection” of or “perfected” liens or security interest shall include a reference to an “opposable” or “set up” hypothec as against third parties, (h) any “right of offset”, “right of setoff” or similar expression shall include a “right of compensation”, (i) “goods” shall include “corporeal movable property” other than chattel paper, documents of title, instruments, money and securities, (j) an “agent” shall include a “mandatary”, (k) “construction liens” or “mechanics, materialmen, repairmen, construction contractors or other like Liens” shall include “legal hypothecs” and “legal hypothecs in favor favour of persons having taken part in the construction or renovation of an immovable”, (l) “joint and several” shall include “solidary”, (m) “gross negligence or willful wilful misconduct” shall be deemed to be “intentional or gross fault”, (n) “beneficial ownership” shall include “ownership on behalf of another as mandatary”, (o) “easement” shall include “servitude”, (p) “priority” shall include “rank” or “prior claim”, as applicable (q) “survey” shall include “certificate of location and plan”, (r) “state” shall include “province”, (s) “fee simple title” shall include “absolute ownership” and “ownership” (including ownership under a right of superficies), (t) “accounts” shall include “claims”, (u) “legal title” shall include be including “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 (y) “guarantee” and “guarantor” shall include “suretyship” and “surety”, respectively.. #96856656v2
Appears in 1 contract
Samples: Indenture (INVACARE HOLDINGS Corp)
Quebec Matters. (a) For purposes of any assets, liabilities or entities located in the Province of Quebec and for all other purposes pursuant to which the interpretation or construction of 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, (a) “personal property” shall include “movable property”, (b) “real property” or “real estate” shall include “immovable property”, (c) “tangible property” shall include “corporeal property”, (d) “intangible property” shall include “incorporeal property”, (e) “security interest”, “mortgage” and “liensecurity” shall include a “hypothec”, “right of retention”, “prior claim” , “reservation of ownership” and a resolutory clause, (f) all references to filing, perfection, priority, remedies, registering or recording under the UCC Uniform Commercial Code or the a PPSA shall include publication under the Civil Code of Quebec, (g) all references to “perfection” of or “perfected” liens security or security interest shall include a reference to an “opposable” or “set up” hypothec hypothec, security or security interest as against third parties, (h) any “right of offset”, “right of setoff” or similar expression shall include a “right of compensation”, (i) “goods” shall include “corporeal movable property” other than chattel paper, documents of title, instruments, money and securities, (j) an “agent” shall include a “mandatary”, (k) “construction liens” or “mechanics, materialmen, repairmen, construction contractors or other like Lienslien” shall include a “legal hypothecs” and “legal hypothecs hypothec in favor favour of persons having taken part in the construction or renovation of an immovable”immovable “, (l) “joint and several” shall include “solidary”, (m) “gross negligence or willful misconduct” shall be deemed to be “intentional or gross fault”, (n) “beneficial ownership” shall include “ownership on behalf of another as mandatary”, (o) “easement” shall include “servitude”, (p) “priority” shall include “rank” or “prior claim”, as applicable (q) “survey” shall include “certificate of location and plan”, (r) “state” shall include “province”, (s) “fee simple title” shall 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 (y) “guarantee” and “guarantor” shall include “suretyship” and “surety”, respectively.
Appears in 1 contract
Quebec Matters. (a) For purposes of any assets, liabilities or entities located in the Province of Quebec Québec and for all other purposes pursuant to which the interpretation or construction of 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, (a) “personal property” shall be deemed to include “movable property”, (b) “real property” or “real estate” shall be deemed to include “immovable property”, (c) “tangible property” shall be deemed to include “corporeal property”, (d) “intangible property” shall be deemed to include “incorporeal property”, (e) “security interest”, “mortgage” and “lien” shall be deemed to include a “hypothec”, “right of retention”, “prior claim” , “reservation of ownership” and a resolutory clause, (f) all references to filing, perfection, priority, remedies, registering or recording under the UCC PPSA or the PPSA Uniform Commercial Code shall be deemed to include publication under the Civil Code of QuebecQuébec, (g) all references to “perfection” of or “perfected” liens or security interest shall be deemed to include a reference to an “opposable” or “set up” hypothec lien or security interest as against third parties, (h) any “right of offset”, “right of setoffset-off” or similar expression shall be deemed to include a “right of compensation”, (i) “goods” shall be deemed to include “corporeal movable property” other than chattel paper, documents of title, instruments, money and securities, (j) an “agent” shall be deemed to include a “mandatary”, (k) “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”, ; (l) “joint and several” shall be deemed to include “solidary”, ; (m) “gross negligence or willful wilful misconduct” shall be deemed to be “intentional or gross fault”, ; (n) “beneficial ownership” shall be deemed to include “ownership on behalf of another as mandatary”, ; (o) “easementservitude” shall be deemed to include “servitude”, easement; (p) “priority” shall be deemed to include “rank” or “prior claim”, as applicable ; (q) “survey” shall be deemed to include “certificate of location and plan”, ; (r) “state” shall be deemed to include “province”, ; (s) “fee simple title” shall be deemed to include “absolute ownership” ”. The parties hereto confirm that it is their wish that this Agreement and “ownership” (any other document executed in connection with the transactions contemplated herein be drawn up in the English language only and that all other documents contemplated thereunder or relating thereto, including ownership under a right of superficies)notices, (t) “accounts” shall include “claims”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, (u) “legal title” shall include “holding title on behalf of an owner as mandatory or xxxxx-nom”y compris tous avis, (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 (y) “guarantee” and “guarantor” shall include “suretyship” and “surety”, respectivelyenvisagés par cette convention et les autres documents peuvent être rédigés en la langue anglaise seulement.
Appears in 1 contract
Samples: Intercreditor Agreement (Postmedia Network Canada Corp.)
Quebec Matters. (a) For purposes of any assets, liabilities or entities located in the Province of Quebec and for all other purposes pursuant to which the interpretation or construction of 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, (a) “personal property” shall include “movable property”, (b) “real property” or “real estate” shall include “immovable property”, (c) “tangible property” shall include “corporeal property”, (d) “intangible property” shall include “incorporeal property”, (e) “security interest”, “mortgage” and “liensecurity” shall include a “hypothec”, “right of retention”, “prior claim” , “reservation of ownership” and a resolutory clause, (f) all references to filing, perfection, priority, remedies, registering or recording under the UCC Uniform Commercial Code or the a PPSA shall include publication under the Civil Code of Quebec, (g) all references to “perfection” of or “perfected” liens security or security interest shall include a reference to an “opposable” or “set up” hypothec hypothec, security or security interest as against third parties, (h) any “right of offset”, “right of setoff” or similar expression shall include a “right of compensation”, (i) “goods” shall include “corporeal movable property” other than chattel paper, documents of title, instruments, money and securities, (j) an “agent” shall include a “mandatary”, (k) “construction liens” or “mechanics, materialmen, repairmen, construction contractors or other like Lienslien” shall include a “legal hypothecs” and “legal hypothecs hypothec in favor favour of persons having taken part in the construction or renovation of an immovable”, (l) “joint and several” shall include “solidary”, (m) “gross negligence or willful misconduct” shall be deemed to be “intentional or gross fault”, (n) “beneficial ownership” shall include “ownership on behalf of another as mandataryownership”, (o) “legal title” shall be deemed to include “holding title on behalf of an owner as mandatary or xxxxx-nom”, (p) “easement” shall include “servitude”, (pq) “priority” shall include “rankprior claim” or “prior claimrank”, as applicable applicable, (qr) “survey” shall include “certificate of location and plan”, (rs) “state” shall include “province”, (st) “fee simple title” shall include “absolute ownership” and “ownership” (including ownership under a right of superficies)”, (tu) “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 be deemed to include “emphyteusis” or a “lease with a right of superficies”, as applicable, (w) “leasehold interest” shall be deemed to include “a “valid lease”, (x) “lease” shall be deemed to include a “contract of leasing contract” (crédit-bail)”, and (y) “guarantee” and “guarantordeposit account” shall include a “suretyshipfinancial account” and “surety”, respectivelyas defined in Article 2713.6 of the Civil Code of Québec.
Appears in 1 contract
Quebec Matters. (a) For purposes of any assets, liabilities or entities located in the Province of Quebec Québec and for all other purposes pursuant to which the interpretation or construction of 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, (a) “personal property” shall include “movable property”, (b) “real property” or “real estate” shall include “immovable property”, (c) “tangible property” shall include “corporeal property”, (d) “intangible property” shall include “incorporeal property”, (e) “security interest”, “mortgage” and “lien” shall include a “hypothec”, “right of retention”, “prior claim” , “reservation of ownership” and a resolutory clause, (f) all references to filing, perfection, priority, remedies, registering or recording under the UCC Uniform Commercial Code or the PPSA a Personal Property Security Act shall include publication under the Civil Code of QuebecQuébec, (g) all references to “perfection” of or “perfected” liens or security interest shall include a reference to an “opposable” or “set up” hypothec lien or security interest as against third parties, (h) any “right of offset”, “right of setoff” or similar expression shall include a “right of compensation”, (i) “goods” shall include “corporeal movable property” other than chattel paper, documents of title, instruments, money and securities, (j) an “agent” shall include a “mandatary”, (k) “construction liens” or “mechanics, materialmen, repairmen, construction contractors or other like Liens” shall include “legal hypothecs” and “legal hypothecs in favor of persons having taken part in the construction or renovation of an immovable”, (l) “joint and several” shall include “solidary”, ; (m) “gross negligence or willful misconduct” shall be deemed to be “intentional or gross fault”, (nl) “beneficial ownership” shall include “ownership on behalf of another as mandatary”, ; (om) “easement” shall include “servitude”, ; (pn) “priority” shall include “rank” or “prior claim”, as applicable ; (q) “survey” shall include “certificate of location and plan”, (ro) “state” shall include “province”, ; (s) “fee simple title” shall include “absolute ownership” and “ownership” (including ownership under a right of superficies), (tp) “accounts” shall include “claims”. 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 and that all other documents contemplated thereunder or relating thereto, (u) “legal title” shall include “holding title on behalf of an owner as mandatory or xxxxx-nom”including notices, (v) “ground lease” shall include “emphyteusis” or a “lease with a right of superficiesmay 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, as applicabley compris tous avis, (w) “leasehold interest” shall include a “valid lease”, (x) “lease” shall include a “leasing contract” and (y) “guarantee” and “guarantor” shall include “suretyship” and “surety”, respectivelyenvisagés par cette convention et les autres documents peuvent être rédigés en langue anglaise seulement.
Appears in 1 contract
Samples: Credit Agreement (Us Ecology, Inc.)
Quebec Matters. (a) For purposes of any assets, liabilities or entities located in the Province of Quebec Québec and for all other purposes pursuant to which the interpretation or construction of 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, (a) “personal property” shall include “movable property”, (b) “real property” or “real estate” shall include “immovable property”, (c) “tangible property” shall include “corporeal property”, (d) “intangible property” shall include “incorporeal property”, (e) “security interest”, “mortgage” and “lien” shall include a “hypothec”, “right of retention”, “prior claim” , “reservation of ownership” and a resolutory clause, (f) all references to filing, perfection, priority, remedies, registering or recording under the UCC Uniform Commercial Code or the a PPSA shall include publication under the Civil Code of QuebecQuébec, (g) all references to “perfection” of or “perfected” liens or security interest shall include a reference to an “opposable” or “set up” hypothec as against third parties, (h) any “right of offset”, “right of setoff” or similar expression shall include a “right of compensation”, (i) “goods” shall include “corporeal movable property” other than chattel paper, documents of title, instruments, money and securities, (j) an “agent” shall include a “mandatary”, (k) “construction liens” or “mechanics, materialmen, repairmen, construction contractors or other like Liens” shall include “legal hypothecs” and “legal hypothecs in favor favour of persons having taken part in the construction or renovation of an immovable”, (l) “joint and several” shall include “solidary”, (m) “gross negligence or willful wilful misconduct” shall be deemed to be “intentional or gross fault”, (n) “beneficial ownership” shall include “ownership on behalf of another as mandatary”, (o) “easement” shall include “servitude”, (p) “priority” shall include “rank” or “prior claim”, as applicable (q) “survey” shall include “certificate of location and plan”, (r) “state” shall include “province”, (s) “fee simple title” shall include “absolute ownership” and “ownership” (including ownership under a right of superficies), (t) “accounts” shall include “claims”, (u) “legal title” shall include be including “holding title on behalf of an owner as mandatory mandatary or xxxxx-nom”, (v) “ground lease” shall include “emphyteusis” or a “lease with a right of superficies, as applicable, (w) “leasehold interest” shall include “rights resulting from a “valid lease”, (x) “lease” shall include a “leasing contract” and (y) “foreclosure” shall include “the exercise of hypothecary recourse”, and (z) “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 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
Appears in 1 contract
Quebec Matters. (a) For purposes of any assets, liabilities or entities located in the Province of Quebec Québec and for all other purposes pursuant to which the interpretation or construction of 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, (a) “personal property” shall include “movable property”, (b) “real property” or “real estate” shall include “immovable property”, (c) “tangible property” shall include “corporeal property”, (d) “intangible property” shall include “incorporeal property”, (e) “security interest”, “mortgage” and “lien” shall include a “hypothec”, “right of retention”, “prior claim” ”, “reservation of ownership” and a resolutory clause, (f) all references to filing, perfection, priority, remedies, registering or recording under the UCC or the PPSA shall include publication under the Civil Code of QuebecQuébec, (g) all references to “perfection” of or “perfected” liens or security interest shall include a reference to an “opposable” or “set up” hypothec as against third parties, (h) any “right of offset”, “right of setoff” or similar expression shall include a “right of compensation”, (i) “goods” shall include “corporeal movable property” other than chattel paper, documents of title, instruments, money and securities, (j) an “agent” shall include a “mandatary”, (k) “construction liens” or “mechanics, materialmen, repairmen, construction contractors or other like Liens” shall include “legal hypothecs” and “legal hypothecs in favor of persons having taken part in the construction or renovation of an immovable”, (l) “joint and several” shall include “solidary”, (m) “gross negligence or willful misconduct” shall be deemed to be “intentional or gross fault”, (n) “beneficial ownership” shall include “ownership on behalf of another as mandatary”, (o) “easement” shall include “servitude”, (p) “priority” shall include “rank” or “prior claim”, as applicable (q) “survey” shall include “certificate of location and plan”, (r) “state” shall include “province”, (s) “fee simple title” shall 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 (y) “guarantee” and “guarantor” shall include “suretyship” and “surety”, respectively.include
Appears in 1 contract
Samples: Loan and Security Agreement (Orthofix Medical Inc.)
Quebec Matters. (a) For purposes of any assets, liabilities or entities located in the Province of Quebec Québec and for all other purposes pursuant to which the interpretation or construction of this Agreement Indenture may be subject to the laws of the Province of Quebec Québec or a court or tribunal exercising jurisdiction juris diction in the Province of QuebecQuébec, (a) “personal property” shall include “movable property”, (b) “real property” or “real estate” shall include “immovable property”, (c) “tangible property” shall include “corporeal property”, (d) “intangible property” shall include “incorporeal property”, (e) “security interest”, “mortgage” and “lien” shall include a “hypothec”, “right of retention”, “prior claim” , “reservation of ownership” and a resolutory clause, (f) all references to filing, perfection, priority, remedies, registering or recording under the UCC or the a PPSA shall include publication under the Civil Code of QuebecQuébec, (g) all references to “perfection” of or “perfected” liens or security interest shall include a reference to an “opposable” or “set up” hypothec as against third parties, (h) any “right of offset”, “right of setoff” or similar expression shall include a “right of compensation”, (i) “goods” shall include “corporeal movable property” other than chattel paper, documents of title, instruments, money and securities, (j) an “agent” shall include a “mandatary”, (k) “construction liens” or “mechanics, materialmen, repairmen, construction contractors or other like Liens” shall include “legal hypothecs” and “legal hypothecs in favor favour of persons having taken part in the construction or renovation of an immovable”, (l) “joint and several” shall include “solidary”, (m) “gross negligence or willful wilful misconduct” shall be deemed to be “intentional or gross fault”, (n) “beneficial ownership” shall include “ownership on behalf of another as mandatary”, (o) “easement” shall include “servitude”, (p) “priority” shall include “rank” or “prior claim”, as applicable (q) “survey” shall include “certificate of location and plan”, (r) “state” shall include “province”, (s) “fee simple title” shall include “absolute ownership” and “ownership” (including ownership under a right of superficies), (t) “accounts” shall include “claims”, (u) “legal title” shall include be including “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 (y) “guarantee” and “guarantor” shall include “suretyship” and “surety”, respectively.of
Appears in 1 contract
Quebec Matters. (a) For purposes of any assets, liabilities or entities located in the Province of Quebec Québec and for all other purposes pursuant to which the interpretation or construction of 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, (a) “personal property” shall include “movable property”, (b) “real property” or “real estate” shall include “immovable property”, (c) “tangible property” shall include “corporeal property”, (d) “intangible property” shall include “incorporeal property”, (e) “security interest”, “mortgage” and “lien” shall include a “hypothec”, “right of retention”, “prior claim” , “reservation of ownership” and a resolutory clause, (f) all references to filing, perfection, priority, remedies, registering or recording under the UCC Uniform Commercial Code or the PPSA a Personal Property Security Act shall include publication under the Civil Code of QuebecQuébec, (g) all references to “perfection” of or “perfected” liens or security interest shall include a reference to an “opposable” or “set up” hypothec lien or security interest as against third parties, (h) any “right of offset”, “right of setoff” or similar expression shall include a “right of compensation”, (i) “goods” shall include “corporeal movable property” other than chattel paper, documents of title, instruments, money and securities, (j) an “agent” shall include a “mandatary”, (k) “”construction liens” or “mechanics, materialmen, repairmen, construction contractors or other like Liens” shall include “legal hypothecs” and “legal hypothecs in favor of persons having taken part in the construction or renovation of an immovable”, ; (l) “joint and several” shall include “solidary”, ; (m) “gross negligence or willful wilful misconduct” shall be deemed to be “intentional or gross fault”, ; (n) “registered ownership held for a beneficial ownershipowner” shall include “ownership on behalf of another as mandatary”, ; (o) “easement” shall include “servitude”, ; (p) “priority” shall include “rank” or “prior claim”, as applicable ; (q) “survey” shall include “certificate of location and plan”, ; (r) “state” shall include “province”, ; (s) “fee simple title” shall 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 (y) “guarantee” and “guarantor” shall include “suretyship” and “surety”, respectively.
Appears in 1 contract
Quebec Matters. (a) For purposes of any assets, liabilities or entities located in the Province of Quebec Québec and for all other purposes pursuant to which the interpretation or construction of 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, (a) “personal property” shall include “movable property”, (b) “real property” or “real estate” shall include “immovable property”, (c) “tangible property” shall include “corporeal property”, (d) “intangible property” shall include “incorporeal property”, (e) “security interest”, “mortgage” and “lien” shall include a “hypothec”, “right of retention”, “prior claim” , “reservation of ownership” and a resolutory clause, (f) all references to filing, perfection, priority, remedies, registering or recording under the UCC Uniform Commercial Code or the a PPSA shall include publication under the Civil Code of QuebecQuébec, (g) all references to “perfection” of or “perfected” liens or security interest shall include a reference to an “opposable” or “set up” hypothec as against third parties, (h) any “right of offset”, “right of setoff” or similar expression shall include a “right of compensation”, (i) “goods” shall include “corporeal movable property” other than chattel paper, documents of title, instruments, money and securities, (j) an “agent” shall include a “mandatary”, (k) “construction liens” or “mechanics, materialmen, repairmen, construction contractors or other like Liens” shall include “legal hypothecs” and “legal hypothecs in favor favour of persons having taken part in the construction or renovation of an immovable”, (l) “joint and several” shall include “solidary”, (m) “gross negligence or willful wilful misconduct” shall be deemed to be “intentional or gross fault”, (n) “beneficial ownership” shall include “ownership on behalf of another as mandatary”, (o) “easement” shall include “servitude”, (p) “priority” shall include “rank” or “prior claim”, as applicable (q) “survey” shall include “certificate of location and plan”, (r) “state” shall include “province”, (s) “fee simple title” shall include “absolute ownership” and “ownership” (including ownership under a right of superficies), (t) “accounts” shall include “claims”, (u) “legal title” shall include be including “holding title on behalf of an owner as mandatory mandatary or xxxxx-nom”, (v) “ground lease” shall include “emphyteusis” or a “lease with a right of superficies, as applicable, (w) “leasehold interest” shall include “rights resulting from a “valid lease”, (x) “lease” shall include a “leasing contract” and (y) “foreclosure” shall include “the exercise of hypothecary recourse”, and (z) “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 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.
Appears in 1 contract
Quebec Matters. (a) For purposes of any assets, liabilities or entities tangible assets located in the Province of Quebec Québec or charged by the Security Documents governed by the laws of the Province of Québec and for all other purposes pursuant to which the interpretation or construction of this Agreement a 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, (a) “personal property” shall be deemed to include “movable property”, (b) “real property” or “real estate” shall be deemed to include “immovable property”, (c) “tangible property” shall be deemed to include “corporeal property”, (d) “intangible property” shall be deemed to include “incorporeal property”, (e) “security interest”, ” and “mortgage” and “lien” shall be deemed to include a “hypothec”, “right of retention”, “prior claim” , “reservation of ownership” and a resolutory clause, (f) all references to filing, perfection, priority, remedies, registering or recording under the UCC or the PPSA shall be deemed to include publication under the Civil Code of QuebecQuébec, (g) all references to “perfection” of or “perfected” liens or security interest Liens shall be deemed to include a reference to an the “opposableopposability” or “set up” hypothec as against of such Liens to third parties, (h) any “right of offset”, “right of setoff” or similar expression shall be deemed to include a “right of compensation”, (i) “goods” shall be deemed to include “corporeal movable property” other than chattel paper, documents of title, instruments, money and securities, (j) an “agent” shall be deemed to include a “mandatary”, (k) “construction liens” or “mechanics, materialmen, repairmen, construction contractors or other like Liens” shall include “legal hypothecs” and “legal hypothecs in favor of persons having taken part in the construction or renovation of an immovable”, (l) “joint and several” shall be deemed to include “solidary”, (ml) “gross negligence or willful misconduct” shall be deemed to be “intentional or gross fault”, ” and (nm) “beneficial ownership” shall be deemed to include “ownership on behalf of another as mandatarymandatory”, (o) “easement” shall include “servitude”, (p) “priority” shall include “rank” or “prior claim”, as applicable (q) “survey” shall include “certificate of location and plan”, (r) “state” shall include “province”, (s) “fee simple title” shall 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 (y) “guarantee” and “guarantor” shall include “suretyship” and “surety”, respectively.
Appears in 1 contract
Quebec Matters. (a) For purposes of any assets, liabilities or entities located in the Province of Quebec Québec and for all other purposes pursuant to which the interpretation or construction of this Agreement Indenture may be subject to the laws of the Province of Quebec Québec or a court or tribunal exercising jurisdiction juris diction in the Province of QuebecQuébec, (a) “personal property” shall include “movable property”, (b) “real property” or “real estate” shall include “immovable property”, (c) “tangible property” shall include “corporeal property”, (d) “intangible property” shall include “incorporeal property”, (e) “security interest”, “mortgage” and “lien” shall include a “hypothec”, “right of retention”, “prior claim” , “reservation of ownership” and a resolutory clause, (f) all references to filing, perfection, priority, remedies, registering or recording under the UCC or the a PPSA shall include publication under the Civil Code of QuebecQuébec, (g) all references to “perfection” of or “perfected” liens or security interest shall include a reference to an “opposable” or “set up” hypothec as against third parties, (h) any “right of offset”, “right of setoff” or similar expression shall include a “right of compensation”, (i) “goods” shall include “corporeal movable property” other than chattel paper, documents of title, instruments, money and securities, (j) an “agent” shall include a “mandatary”, (k) “construction liens” or “mechanics, materialmen, repairmen, construction contractors or other like Liens” shall include “legal hypothecs” and “legal hypothecs in favor favour of persons having taken part in the construction or renovation of an immovable”, (l) “joint and several” shall include “solidary”, (m) “gross negligence or willful wilful misconduct” shall be deemed to be “intentional or gross fault”, (n) “beneficial ownership” shall include “ownership on behalf of another as mandatary”, (o) “easement” shall include “servitude”, (p) “priority” shall include “rank” or “prior claim”, as applicable (q) “survey” shall include “certificate of location and plan”, (r) “state” shall include “province”, (s) “fee simple title” shall include “absolute ownership” and “ownership” (including ownership under a right of superficies), (t) “accounts” shall include “claims”, (u) “legal title” shall include be including “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 (y) “guarantee” and “guarantor” shall include “suretyship” and “surety”, respectively.. #96856647v2
Appears in 1 contract
Samples: Indenture (INVACARE HOLDINGS Corp)
Quebec Matters. (a) For purposes of any assets, liabilities or entities located in the Province of Quebec Québec and for all other purposes pursuant to which the interpretation or construction of 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, (a) “personal property” shall include “movable property”, (b) “real property” or “real estate” shall include “immovable property”, (c) “tangible property” shall include “corporeal property”, (d) “intangible property” shall include “incorporeal property”, (e) “security interest”, “mortgage” and “lien” shall include a “hypothec”, “right of retention”, “prior claim” , “reservation of ownership” and a resolutory clause, (f) all references to filing, perfection, priority, remedies, registering or recording under the UCC or the PPSA a Personal Property Security Act shall include publication under the Civil Code of QuebecQuébec, (g) all references to “perfection” of or “perfected” liens or security interest shall include a reference to an “opposable” or “set up” hypothec lien or security interest as against third parties, (h) any “right of offset”, “right of setoff” or similar expression shall include a “right of compensation”, (i) “goods” shall include “corporeal movable property” other than chattel paper, documents of title, instruments, money and securities, (j) an “agent” shall include a “mandatary”, (k) “construction liens” or “mechanics, materialmen, repairmen, construction contractors or other like Liens” shall include “legal hypothecs” and “legal hypothecs in favor of persons having taken part in the construction or renovation of an immovable”, ; (l) “joint and several” shall include “solidary”, ; (m) “gross negligence or willful misconduct” shall be deemed to be “intentional or gross fault”, ; (n) “registered ownership held for a beneficial ownershipowner” shall include “ownership on behalf of another as mandatary”, ; (o) “easement” shall include “servitude”, ; (p) “priority” shall include “rank” or “prior claim”, as applicable ; (q) “survey” shall include “certificate of location and plan”, ; (r) “state” shall include “province”, ; (s) “fee simple title” shall 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 (y) “guarantee” and “guarantor” shall include “suretyship” and “surety”, respectively.
Appears in 1 contract
Quebec Matters. (a) For purposes of any assets, liabilities or entities located in the Province of Quebec Québec and for all other purposes pursuant to which the interpretation or construction of 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, (a) “personal property” shall be deemed to include “movable property”, (b) “real property” or “real estate” shall be deemed to include “immovable property”, (c) “tangible property” shall be deemed to include “corporeal property”, (d) “intangible property” shall be deemed to include “incorporeal property”, (e) “security interest”, “mortgage” and “lien” shall be deemed to include a “hypothec”, “right of retention”, “prior claim” , “reservation of ownership” and a resolutory clause, (f) all references to filing, perfection, priority, remedies, registering or recording under the UCC PPSA or the PPSA Uniform Commercial Code shall be deemed to include publication under the Civil Code of QuebecQuébec, (g) all references to “perfection” of or “perfected” liens or security interest shall be deemed to include a reference to an “opposable” or “set up” hypothec lien or security interest as against third parties, (h) any “right of offset”, “right of setoffset-off” or similar expression shall be deemed to include a “right of compensation”, (i) “goods” shall be deemed to include “corporeal movable property” other than chattel paper, documents of title, instruments, money and securities, (j) an “agent” shall be deemed to include a “mandatary”, (k) “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”, ; (l) “joint and several” shall be deemed to include “solidary”, ; (m) “gross negligence or willful wilful misconduct” shall be deemed to be “intentional or gross fault”, ; (n) “beneficial ownership” shall be deemed to include “ownership on behalf of another as mandatary”, ; (o) “easementservitude” shall be deemed to include “servitude”, easement; (p) “priority” shall be deemed to include “rank” or “prior claim”, as applicable ; (q) “survey” shall be deemed to include “certificate of location and plan”, ; (r) “state” shall be deemed to include “province”, ; (s) “fee simple title” shall be deemed to include “absolute ownership” ”. The parties hereto confirm that it is their wish that this Agreement and “ownership” (any other document executed in connection with the transactions contemplated herein be drawn up in the English language only and that all other documents contemplated thereunder or relating thereto, including ownership under a right of superficies)notices, (t) “accounts” shall include “claims”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, (u) “legal title” shall include “holding title on behalf of an owner as mandatory or xxxxx-nom”y compris tous avis, (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 (y) “guarantee” and “guarantor” shall include “suretyship” and “surety”, respectivelyenvisagés par cette convention et les autres documents peuvent être rédigés en la langue anglaise seulement.
Appears in 1 contract
Samples: Intercreditor Agreement (Postmedia Network Canada Corp.)
Quebec Matters. (a) For purposes of any assets, liabilities or entities located in the Province of Quebec Québec and for all other purposes pursuant to which the interpretation or construction of 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, (a) “personal property” shall include “movable property”, (b) “real property” or “real estate” shall include “immovable property”, (c) “tangible property” shall be deemed to include “corporeal property”, (d) “intangible property” shall be deemed to include “incorporeal property”, (e) “security interest”, “mortgage” and “lien” shall be deemed to include a “hypothec”, “right of retention”, “prior claim” ”, “reservation of ownership” and a resolutory clause, (f) all references to filing, perfection, priority, remedies, registering or recording under the UCC or the PPSA shall include publication under the Civil Code of QuebecQuébec, (g) all references to “perfection” of or “perfected” liens or security interest shall include a reference to an “opposable” or “set up” hypothec as against third parties, (h) any “right of offset”, “right of setoff” or similar expression shall include a “right of compensation”, (i) “goods” shall include “corporeal movable property” other than chattel paper, documents of title, instruments, money and securities, (j) an “agent” shall include a “mandatary”, (k) “construction liens” or “mechanics, materialmen, repairmen, construction contractors or other like Liens” shall include “legal hypothecs” and “legal hypothecs in favor of persons having taken part in the construction or renovation of an immovable”, ; (l) “joint and several” shall include “solidary”, ; (m) “gross negligence or willful wilful misconduct” shall be deemed to be “intentional or gross fault”, ; (n) “beneficial ownership” shall include “ownership on behalf of another as mandatary”, (o) “easement” shall include “servitude”, (p) “priority” shall include “rank” or “prior claim”, as applicable (q) “survey” shall include “certificate of location and plan”, (r) “state” shall include “province”, (s) “fee simple title” shall 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 (y) “guarantee” and “guarantor” shall include “suretyship” and “surety”, respectively.as
Appears in 1 contract
Samples: Asset Based Revolving Credit Agreement (Cleveland-Cliffs Inc.)
Quebec Matters. (a) For purposes of any assets, liabilities or entities located in the Province of Quebec Québec and for all other purposes pursuant to which the interpretation or construction of 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, (a) “personal property” shall include “movable property”, (b) “real property” or “real estate” shall include “immovable property”, (c) “tangible property” shall include “corporeal property”, (d) “intangible property” shall include “incorporeal property”, (e) “security interest”, “mortgage” and “lien” shall include a “hypothec”, “right of retention”, “prior claim” , “reservation of ownership” and a resolutory clause, (f) all references to filing, perfection, priority, remedies, registering or recording under the UCC Uniform Commercial Code or the PPSA shall include publication under the Civil Code of QuebecQuébec, (g) all references to “perfection” of or “perfected” liens or security interest shall include a reference to an “opposable” or “set up” hypothec lien or security interest as against third parties, (h) any “right of offset”, “right of setoff” or similar expression shall include a “right of compensation”, (i) “goods” shall include “corporeal movable property” other than chattel paper, documents of title, instruments, money and securities, (j) an “agent” shall include a “mandatary”, (k) “construction liens” or “mechanics, materialmen, repairmen, construction contractors or other like Liens” shall include “legal hypothecs” and “legal hypothecs in favor of persons having taken part in the construction or renovation of an immovable”, ; (l) “joint and several” shall include “solidary”, ; (m) “gross negligence or willful wilful misconduct” shall be deemed to be “intentional or gross fault”, ; (n) “registered ownership held for a beneficial ownershipowner” shall include “ownership on behalf of another as mandatary”, ; (o) “easement” shall include “servitude”, ; (p) “priority” shall include “rank” or “prior claim”, as applicable ; (q) “survey” shall include “certificate of location and plan”, ; (r) “state” shall include “province”, ; (s) “fee simple title” shall 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 (y) “guarantee” and “guarantor” shall include “suretyship” and “surety”, respectively...
Appears in 1 contract
Quebec Matters. (a) For purposes of any assets, liabilities or entities located in the Province of Quebec Québec and for all other purposes pursuant to which the interpretation or construction of this Agreement may be subject to the laws of the Province of Quebec Québec or a court or tribunal exercising jurisdiction juris diction in the Province of QuebecQuébec, (a) “personal property” shall include “movable property”, (b) “real property” or “real estate” shall include “immovable property”, (c) “tangible property” shall include “corporeal property”, (d) “intangible property” shall include “incorporeal property”, (e) “security interest”, “mortgage” and “lien” shall include a “hypothec”, “right of retention”, “prior claim” , “reservation of ownership” and a resolutory clause, (f) all references to filing, perfection, priority, remedies, registering or recording under the UCC or the a PPSA shall include publication under the Civil Code of QuebecQuébec, (g) all references to “perfection” of or “perfected” liens or security interest shall include a reference to an “opposable” or “set up” hypothec as against third parties, (h) any “right of offset”, “right of setoff” or similar expression shall include a “right of compensation”, (i) “goods” shall include “corporeal movable property” other than chattel paper, documents of title, instruments, money and securities, (j) an “agent” shall include a “mandatary”, (k) “construction liens” or “mechanics, materialmen, repairmen, construction contractors or other like Liens” shall include “legal hypothecs” and “legal hypothecs in favor favour of persons having taken part in the construction or renovation of an immovable”, (l) “joint and several” shall include “solidary”, (m) “gross negligence or willful wilful misconduct” shall be deemed to be “intentional or gross fault”, (n) “beneficial ownership” shall include “ownership on behalf of another as mandatary”, (o) “easement” shall include “servitude”, (p) “priority” shall include “rank” or “prior claim”, as applicable (q) “survey” shall include “certificate of location and plan”, (r) “state” shall include “province”, (s) “fee simple title” shall 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 (y) “guarantee” and “guarantor” shall include “suretyship” and “surety”, respectively.include
Appears in 1 contract
Samples: Credit Agreement (Invacare Corp)
Quebec Matters. (a) For purposes of any assets, liabilities or entities located in the Province of Quebec and for all other purposes pursuant to which the interpretation or construction of 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, (a) “personal property” shall include “movable property”, (b) “real property” or “real estate” shall include “immovable property”, (c) “tangible property” shall include “corporeal property”, (d) “intangible property” shall include “incorporeal property”, (e) “security interest”, “mortgage” and “liensecurity” shall include a “hypothec”, “right of retention”, “prior claim” , “reservation of ownership” and a resolutory clause, (f) all references to filing, perfection, priority, remedies, registering or recording under the UCC Uniform Commercial Code or the a PPSA shall include publication under the Civil Code of Quebec, (g) all references to “perfection” of or “perfected” liens security or security interest shall include a reference to an “opposable” or “set up” hypothec hypothec, security or security interest as against third parties, (h) any “right of offset”, “right of setoff” or similar expression shall include a “right of compensation”, (i) “goods” shall include “corporeal movable property” other than chattel paper, documents of title, instruments, money and securities, (j) an “agent” shall include a “mandatary”, (k) “construction liens” or “mechanics, materialmen, repairmen, construction contractors or other like Lienslien” shall include a “legal hypothecs” and “legal hypothecs hypothec in favor favour of persons having taken part in the construction or renovation of an immovable”immovable “, (l) “joint and several” shall include “solidary”, (m) “gross negligence or willful misconduct” shall be deemed to be “intentional or gross fault”, (n) “beneficial ownership” shall include “ownership on behalf of another as mandataryownership”, (o) “easementlegal title” shall be deemed to include “holding title on behalf of an owner as mandatary or xxxxx-nom”, (p)“easement” shall include “servitude”, (pq) “priority” shall include “rankprior claim” or “prior claimrank”, as applicable applicable, (qr) “survey” shall include “certificate of location and plan”, (rs) “state” shall include “province”, (st) “fee simple title” shall include “absolute ownership” and “ownership” (including ownership under a right of superficies)”, (tu) “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 be deemed to include “emphyteusis” or a “lease with a right of superficies”, as applicable, (w) “leasehold interest” shall be deemed to include “a “valid lease”, (x) “lease” shall be deemed to include a “contract of leasing contract” (crédit-bail)”, and (y) “guarantee” and “guarantordeposit account” shall include a “suretyshipfinancial account” and “surety”, respectivelyas defined in Article 2713.6 of the Civil Code of Québec.
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Quebec Matters. (a) For purposes of any assets, liabilities or entities located in the Province of Quebec Québec and for all other purposes pursuant to which the interpretation or construction of 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, (a) “personal property” shall include “movable property”, (b) “real property” or “real estate” shall include “immovable property”, (c) “tangible property” shall include “corporeal property”, (d) “intangible property” shall include “incorporeal property”, (e) “security interest”, “mortgage” and “lien” shall include a “hypothec”, “right of retention”, “prior claim” , “reservation of ownership” and a resolutory clause, (f) all references to filing, perfection, priority, remedies, registering or recording under the UCC Uniform Commercial Code or the PPSA a Personal Property Security Act shall include publication under the Civil Code of QuebecQuébec, (g) all references to “perfection” of or “perfected” liens or security interest shall include a reference to an “opposable” or “set up” hypothec as against third parties, (h) any “right of offset”, “right of setoff” or similar expression shall include a “right of compensation”, (i) “goods” shall include “corporeal movable property” other than chattel paper, documents of title, instruments, money and securities, (j) an “agent” shall include a “mandatary”, (k) “construction liens” or “mechanics, materialmen, repairmen, construction contractors or other like Liens” shall include “legal hypothecs” and “legal hypothecs in favor favour of persons having taken part in the construction or renovation of an immovable”, (l) “joint and several” shall include “solidary”, (m) “gross negligence or willful wilful misconduct” shall be deemed to be “intentional or gross fault”, (n) “beneficial ownership” shall include “ownership on behalf of another as mandatary”, (o) “easement” shall include “servitude”, (p) “priority” shall include “rank” or “prior claim”, as applicable (q) “survey” shall include “certificate of location and plan”, (r) “state” shall include “province”, (s) “fee simple title” shall include “absolute ownership” and “ownership” (including ownership under a right of superficies), (t) “accounts” shall include “claims”, (u) “legal title” shall include be including “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 (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 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.]
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