Recitals; Construction Clause Samples
The 'Recitals; Construction' clause defines how the introductory statements (recitals) and the rules for interpreting the agreement are to be treated. Typically, this clause clarifies whether the recitals are considered part of the binding contract and sets out guidelines for interpreting ambiguous terms, such as giving precedence to specific provisions over general ones. Its core function is to ensure that both parties have a shared understanding of the contract’s background and how its terms should be read, thereby reducing the risk of disputes over interpretation.
Recitals; Construction. This Agreement shall constitute a Financing Document and the Recitals and each reference to the Credit Agreement, unless otherwise expressly noted, will be deemed to reference the Credit Agreement as modified hereby. The Recitals set forth above shall be construed as part of this Agreement as if set forth fully in the body of this Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Credit Agreement (including those capitalized terms used in the Recitals hereto).
Recitals; Construction. The opening paragraph, recitals, and preamble are incorporated into this Amended Master Agreement. In this Amended Master Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to agreements and other contractual instruments shall be deemed to include all subsequent amendments to or changes in such agreements or instruments entered into in accordance with their respective terms; references to persons include their permitted successors and assigns; use of the term “include” or “including” shall mean to include or including without limitation; and references to a “Section” shall mean a section of this Amended Master Agreement unless otherwise expressly stated. All capitalized terms not otherwise defined in this Amended Master Agreement have the meanings given to such terms in the applicable Property Agreement or Property Agreements as the context requires, though this Amended Master Agreement may nevertheless contain section references for such definitions to assist the reader.
Recitals; Construction. This Amendment shall constitute a Facility Document, and the Recitals and each reference to the Credit Agreement, unless otherwise expressly noted, will be deemed to reference the Credit Agreement as modified hereby. The Recitals set forth above shall be construed as part of this Amendment as if set forth fully in the body of this Amendment. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Credit Agreement, assuming the effectiveness of this Amendment (including those capitalized terms used in the Recitals hereto).
Recitals; Construction. The Recitals set forth hereinabove are incorporated herein as if set forth fully. As used herein words in the singular include the plural, and the masculine includes the feminine and neuter genders as appropriate.
Recitals; Construction. The foregoing recitals are hereby incorporated into and made a part of this Agreement. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rules of strict construction will be applied against any party.
Recitals; Construction. This Consent shall constitute a Loan Document and the Recitals and each reference to the Loan Agreement, unless otherwise expressly noted, will be deemed to reference the Loan Agreement as modified hereby. The Recitals set forth above shall be construed as part of this Consent as if set forth fully in the body of this Consent. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the Loan Agreement (including those capitalized terms used in the Recitals hereto).