Common use of Reference to Credit Agreement; Definitions; Certain Rules of Construction Clause in Contracts

Reference to Credit Agreement; Definitions; Certain Rules of Construction. Reference is made to the Credit Agreement dated as of the date hereof, as from time to time in effect (the "CREDIT AGREEMENT"), among the Company, the Subsidiaries of the Company from time to time party thereto and the Lender. Capitalized terms defined in the Credit Agreement and not otherwise defined herein are used herein with the meanings so defined. Certain other capitalized terms are used in this Agreement as specifically defined below in this Section 1. Except as the context otherwise explicitly requires, (a) the capitalized term "Section" refers to sections of this Agreement, (b) the capitalized term "Exhibit" refers to exhibits to this Agreement, (c) references to a particular Section shall include all subsections thereof, (d) the word "including" shall be construed as "including without limitation", (e) terms defined in the UCC and not otherwise defined herein have the meaning provided under the UCC, (f) references to a particular statute or regulation include all rules and regulations thereunder and any successor statute, regulation or rules, in each case as from time to time in effect, and (g) references to a particular Person include such Person's successors and assigns to the extent not prohibited by this Agreement and the other Credit Documents. References to "the date hereof" mean the date first set forth above.

Appears in 1 contract

Samples: Guarantee and Security Agreement (Nextera Enterprises Inc)

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Reference to Credit Agreement; Definitions; Certain Rules of Construction. Reference is made to the Credit Agreement dated as of the date hereof, as from time to time in effect (the "CREDIT AGREEMENT"), among the Company, the Subsidiaries of the Company from time to time party thereto thereto, the Lenders and the LenderAgent. Capitalized terms defined in the Credit Agreement and not otherwise defined herein are used herein with the meanings so defineddefined (as such definitions may be modified or supplemented herein). Certain other capitalized terms are used in this Agreement as specifically defined below in this Section 1. Except as the context otherwise explicitly requires, (a) the capitalized term "Section" refers to sections of this Agreement, (b) the capitalized term "Exhibit" refers to exhibits to this Agreement, (c) references to a particular Section shall include all subsections thereof, (d) the word "including" shall be construed as "including without limitation", (e) terms defined in the UCC and not otherwise defined herein have the meaning provided under the UCC, (f) references to a particular statute or regulation include all rules and regulations thereunder and any successor statute, regulation or rules, in each case as from time to time in effect, effect and (g) references to a particular Person include such Person's successors and assigns to the extent not prohibited by this Agreement and the other Credit Documents. References to "the date hereof" mean the date first set forth above.

Appears in 1 contract

Samples: Guarantee and Security Agreement (Nextera Enterprises Inc)

Reference to Credit Agreement; Definitions; Certain Rules of Construction. Effective as of the date hereof, this Agreement amends and restates in its entirety the Guarantee and Security Agreement dated as of April 30, 1996 among the Company, its Subsidiaries and the Agent. Reference is made to the Amended and Restated Credit Agreement dated as of the date hereof, hereof as from time to time in effect (the "CREDIT AGREEMENTCredit Agreement"), among the Company, the Subsidiaries of the Company from time to time party thereto thereto, the Lenders and the LenderAgent. Capitalized terms defined in the Credit Agreement and not otherwise defined herein are used herein with the meanings so defined. Certain other capitalized terms are used in this Agreement as specifically defined below in this Section 1. Except as the context otherwise explicitly requires, (a) the capitalized term "Section" refers to sections of this Agreement, (b) the capitalized term "Exhibit" refers to exhibits to this Agreement, (c) references to a particular Section shall include all subsections thereof, (d) the word "including" shall be construed as "including without limitation", (e) terms defined in the UCC and not otherwise defined herein have the meaning provided under the UCC, (f) references to a particular statute or regulation include all rules and regulations thereunder and any successor statute, regulation or rules, in each case as from time to time in effect, effect and (g) references to a particular Person include such Person's successors and assigns to the extent not prohibited by this Agreement Agreemento and the other Credit Documents. References to "the date hereof" mean the date first set forth above.

Appears in 1 contract

Samples: Guarantee and Security Agreement (Racing Champions Corp)

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Reference to Credit Agreement; Definitions; Certain Rules of Construction. Reference is made to the Credit Agreement dated as of the date hereof, as from time to time in effect (the "CREDIT AGREEMENTCredit Agreement"), among the Company, the Subsidiaries of the Company from time to time party thereto thereto, the Lenders and the LenderAgent. Capitalized terms defined in the Credit Agreement and not otherwise defined herein are used herein with the meanings so defined. Certain other capitalized terms are used in this Agreement as specifically defined below in this Section 1. Except as the context otherwise explicitly requires, (a) the capitalized term "Section" refers to sections of this Agreement, (b) the capitalized term "Exhibit" refers to exhibits to this Agreement, (c) references to a particular Section shall include all subsections thereof, (d) the word "including" shall be construed as "including without limitation", (e) terms defined in the UCC and not otherwise defined herein have the meaning provided under the UCC, (f) references to a particular statute or regulation include all rules and regulations thereunder and any successor statute, regulation or rules, in each case as from time to time in effect, effect and (g) references to a particular Person include such Person's successors and assigns to the extent not prohibited by this Agreement and the other Credit Documents. References to "the date hereof" mean the date first set forth above.

Appears in 1 contract

Samples: Guarantee and Security Agreement (Racing Champions Corp)

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