Common use of References and Rules of Construction Clause in Contracts

References and Rules of Construction. The words “hereof”, “herein” and “hereunder” and words of like import used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The headings and captions herein are included for convenience of reference only and shall be ignored in the construction or interpretation hereof. References to Articles, Sections, Exhibits and Schedules are to Articles, Sections, Exhibits and Schedules of this Agreement unless otherwise specified. All Exhibits and Schedules annexed hereto or referred to herein are hereby incorporated in and made a part of this Agreement as if set forth in full herein. Any capitalized terms used in any Exhibit or Schedule but not otherwise defined therein and defined herein, shall have the meaning as defined in this Agreement. Any singular term in this Agreement shall be deemed to include the plural, and any plural term the singular. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”, whether or not they are in fact followed by those words or words of like import. “Writing”, “written” and comparable terms refer to printing, typing and other means of reproducing words (including electronic media) in a visible form. References to any Person include the successors and permitted assigns of that Person. References from or through any date mean, unless otherwise specified, from and including or through and including, respectively. References to “law”, “laws” or to a particular statute or law shall be deemed also to include any and all Applicable Law. The word “or” will have the inclusive meaning represented by the phrase “and/or.” The phrase “and/or” when used in a conjunctive phrase, shall mean any one or more of the Persons specified in or the existence or occurrence of any one or more of the events, conditions or circumstances set forth in that phrase; provided, however, that when used to describe the obligation of one or more Persons to do any act, it shall mean that the obligation is the obligation of each of the Persons but that it may be satisfied by performance by any one or more of them. “Shall” and “will” have equal force and effect. The word “extent” in the phrase “to the extent” shall mean the degree or proportion to which a subject or other things extends, and such phrase shall not mean simply “if.” References to any date shall mean such date in Fort Worth, Texas and for purposes of calculating the time period in which any notice or action is to be given or undertaken hereunder, such period shall be deemed to begin at 12:01 a.m. on the applicable date in Fort Worth, Texas. If a date specified herein for giving any notice or taking any action is not a Business Day (or if the period during which any notice is required to be given or any action taken expires on a date which is not a Business Day), then the date for giving such notice or taking such action (and the expiration date of such period during which notice is required to be given or action taken) shall be the next day which is a Business Day. All references to immediately available funds or dollar amounts contained in this Agreement shall mean United States dollars. THE PARTIES AGREE THAT THE BOLD AND/OR CAPITALIZED LETTERS IN THIS AGREEMENT CONSTITUTE CONSPICUOUS LEGENDS. Exhibit B ASSIGNMENT AND XXXX OF SALE [Omitted] Exhibit C ASSUMPTION AGREEMENT [Omitted] Exhibit D SURFACE DEED [Omitted] Exhibit E SELLER CERTIFICATES [Omitted] Exhibit F SELLER FIRPTA CERTIFICATE [Omitted] Exhibit G IP ASSIGNMENT AGREEMENT [Omitted] Exhibit H BUYER CERTIFICATE [Omitted] Exhibit I BID PROCEDURES ORDER [Omitted] Exhibit J SALE ORDER [Omitted] Exhibit K ISSUANCE AGREEMENT [Omitted] Exhibit L LLC AGREEMENT ADDENDUM [Omitted]

References and Rules of Construction. The words “hereof”, “herein” and “hereunder” and words of like import used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The headings and captions herein are included for convenience of reference only and shall be ignored in the construction or interpretation hereof. References to Articles, Sections, Exhibits and Schedules are to Articles, Sections, Exhibits and Schedules of this Agreement unless otherwise specified. All Exhibits and Schedules annexed hereto or referred to herein are hereby incorporated in and made a part of this Agreement as if set forth in full herein. Any capitalized terms used in any Exhibit or Schedule but not otherwise defined therein and defined herein, shall have the meaning as defined in this Agreement. Any singular term in this Agreement shall be deemed to include the plural, and any plural term the singular. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”, whether or not they are in fact followed by those words or words of like import. “Writing”, “written” and comparable terms refer to printing, typing and other means of reproducing words (including electronic media) in a visible form. References to any Person include the successors and permitted assigns of that Person. References from or through any date mean, unless otherwise specified, from and including or through and including, respectively. References to “law”, “laws” or to a particular statute or law shall be deemed also to include any and all Applicable Law. The word “or” will have the inclusive meaning represented by the phrase “and/or.” The phrase “and/or” when used in a conjunctive phrase, shall mean any one or more of the Persons specified in or the existence or occurrence of any one or more of the events, conditions or circumstances set forth in that phrase; provided, however, that when used to describe the obligation of one or more Persons to do any act, it shall mean that the obligation is the obligation of each of the Persons but that it may be satisfied by performance by any one or more of them. “Shall” and “will” have equal force and effect. The word “extent” in the phrase “to the extent” shall mean the degree or proportion to which a subject or other things extends, and such phrase shall not mean simply “if.” References to any date shall mean such date in Fort Worth, Texas and for purposes of calculating the time period in which any notice or action is to be given or undertaken hereunder, such period shall be deemed to begin at 12:01 a.m. on the applicable date in Fort Worth, Texas. If a date specified herein for giving any notice or taking any action is not a Business Day (or if the period during which any notice is required to be given or any action taken expires on a date which is not a Business Day), then the date for giving such notice or taking such action (and the expiration date of such period during which notice is required to be given or action taken) shall be the next day which is a Business Day. All references to immediately available funds or dollar amounts contained in this Agreement shall mean United States dollars. THE PARTIES AGREE THAT THE BOLD AND/OR CAPITALIZED LETTERS IN THIS AGREEMENT CONSTITUTE CONSPICUOUS LEGENDS. Exhibit B ASSIGNMENT AND XXXX OF SALE [Omitted] Exhibit C ASSUMPTION AGREEMENT [Omitted] Exhibit D SURFACE DEED [Omitted] Exhibit E SELLER CERTIFICATES [Omitted] Exhibit F SELLER FIRPTA CERTIFICATE [Omitted] Exhibit G IP ASSIGNMENT AGREEMENT [Omitted] Exhibit H BUYER CERTIFICATE [Omitted] Exhibit I BID PROCEDURES ORDER [Omitted] Exhibit J SALE ORDER [Omitted] Exhibit K ISSUANCE AGREEMENT [Omitted] Exhibit L LLC AGREEMENT ADDENDUM [Omitted]ORDER

References and Rules of Construction. The words “hereof”, “herein” and “hereunder” and words of like import used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The headings and captions herein are included for convenience of reference only and shall be ignored in the construction or interpretation hereof. References to Articles, Sections, Exhibits and Schedules are to Articles, Sections, Exhibits and Schedules of this Agreement unless otherwise specified. All Exhibits and Schedules annexed hereto or referred to herein are hereby incorporated in and made a part of this Agreement as if set forth in full herein. Any capitalized terms used in any Exhibit or Schedule but not otherwise defined therein and defined herein, shall have the meaning as defined in this Agreement. Any singular term in this Agreement shall be deemed to include the plural, and any plural term the singular. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”, whether or not they are in fact followed by those words or words of like import. “Writing”, “written” and comparable terms refer to printing, typing and other means of reproducing words (including electronic media) in a visible form. References to any Person include the successors and permitted assigns of that Person. References from or through any date mean, unless otherwise specified, from and including or through and including, respectively. References to “law”, “laws” or to a particular statute or law shall be deemed also to include any and all Applicable Law. The word “or” will have the inclusive meaning represented by the phrase “and/or.” The phrase “and/or” when used in a conjunctive phrase, shall mean any one or more of the Persons specified in or the existence or occurrence of any one or more of the events, conditions or circumstances set forth in that phrase; provided, however, that when used to describe the obligation of one or more Persons to do any act, it shall mean that the obligation is the obligation of each of the Persons but that it may be satisfied by performance by any one or more of them. “Shall” and “will” have equal force and effect. The word “extent” in the phrase “to the extent” shall mean the degree or proportion to which a subject or other things extends, and such phrase shall not mean simply “if.” References to any date shall mean such date in Fort Worth, Texas and for purposes of calculating the time period in which any notice or action is to be given or undertaken hereunder, such period shall be deemed to begin at 12:01 a.m. on the applicable date in Fort Worth, Texas. If a date specified herein for giving any notice or taking any action is not a Business Day (or if the period during which any notice is required to be given or any action taken expires on a date which is not a Business Day), then the date for giving such notice or taking such action (and the expiration date of such period during which notice is required to be given or action taken) shall be the next day which is a Business Day. All references to immediately available funds or dollar amounts contained in this Agreement shall mean United States dollars. THE PARTIES AGREE THAT THE BOLD AND/OR CAPITALIZED LETTERS IN THIS AGREEMENT CONSTITUTE CONSPICUOUS LEGENDS. Exhibit B ASSIGNMENT AND XXXX BXXX OF SALE [OmittedAttached] Exhibit C ASSUMPTION AGREEMENT [OmittedAttached] Exhibit D SURFACE DEED [OmittedAttached] Exhibit E SELLER CERTIFICATES [OmittedAttached] Exhibit F SELLER FIRPTA CERTIFICATE [OmittedAttached] Exhibit G IP ASSIGNMENT AGREEMENT [OmittedAttached] Exhibit H BUYER CERTIFICATE [OmittedAttached] Exhibit I BID PROCEDURES ORDER [Omitted] Exhibit J SALE ORDER [Omitted] Exhibit K ISSUANCE AGREEMENT [Omitted] Exhibit L LLC AGREEMENT ADDENDUM [Omitted]ORDER

References and Rules of Construction. All references in this Agreement to Exhibits, Appendices, Schedules, Articles, Sections, subsections and other subdivisions refer to the corresponding Exhibits, Appendices, Schedules, Articles, Sections, subsections and other subdivisions of or to this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsections and other subdivisions of this Agreement are for convenience only, do not constitute any part of this Agreement, and will be disregarded in construing the language hereof. The words “hereof”, this Agreement,” “herein,” and “hereby,” “hereunder” and “hereof,” and words of like import used in this Agreement shall similar import, refer to this Agreement as a whole and not to any particular provision of this AgreementArticle, Section, subsection or other subdivision unless expressly so limited. The headings and captions herein are included for convenience of reference only and shall be ignored word “including” (in the construction or interpretation hereof. References to Articles, Sections, Exhibits and Schedules are to Articles, Sections, Exhibits and Schedules of this Agreement unless otherwise specifiedits various forms) means “including without limitation”. All Exhibits and Schedules annexed hereto references to “$” or referred “dollars” will be deemed references to U.S. dollars. Each accounting term not defined herein are hereby incorporated in and made a part of this Agreement as if set forth in full herein. Any capitalized terms used in any Exhibit or Schedule but not otherwise defined therein and defined herein, shall will have the meaning given to it under GAAP as interpreted as of the Execution Date. Pronouns in masculine, feminine or neuter genders will be construed to state and include any other gender, and words, terms and titles (including terms defined herein) in this Agreement. Any the singular term in this Agreement shall form will be deemed construed to include the pluralplural and vice versa, and any plural term in each case unless the singular. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”, whether or not they are in fact followed by those words or words of like import. “Writing”, “written” and comparable terms refer to printing, typing and other means of reproducing words (including electronic media) in a visible formcontext otherwise requires. References to any Person include the successors and permitted assigns of that Person. References from Law or through any date mean, unless otherwise specified, from and including agreement will mean such Law or through and including, respectively. References to “law”, “laws” or to a particular statute or law shall be deemed also to include any and all Applicable Law. The word “or” will have the inclusive meaning represented by the phrase “and/or.” The phrase “and/or” when used in a conjunctive phrase, shall mean any one or more of the Persons specified in or the existence or occurrence of any one or more of the events, conditions or circumstances set forth in that phrase; provided, however, that when used to describe the obligation of one or more Persons to do any act, it shall mean that the obligation is the obligation of each of the Persons but that agreement as it may be satisfied by performance by any one or more of themamended from time to time. “Shall” and “will” have equal force and effect. The word “extent” in the phrase “to the extent” shall mean the degree or proportion to which a subject or other things extends, and such phrase shall not mean simply “if.” References to any date shall will mean such date in Fort WorthNew York, Texas New York and for purposes of calculating the time period in which any notice or action is to be given or undertaken hereunder, such period shall will be deemed to begin at 12:01 a.m. on the applicable date in Fort WorthNew York, TexasNew York. If a date specified herein in this Agreement for giving any notice or taking any action is not a Business Day (or if the period during which any notice is required to be given or any action taken expires on a date which is not a Business Day), then the date for giving such notice or taking such action (and the expiration date of such period during which notice is required to be given or action taken) shall be the next day which is a Business Day. All references to immediately available funds or dollar amounts contained in this Agreement shall mean United States dollars. THE PARTIES AGREE THAT THE BOLD AND/OR CAPITALIZED LETTERS IN THIS AGREEMENT CONSTITUTE CONSPICUOUS LEGENDS. Exhibit B ASSIGNMENT AND XXXX OF SALE [Omitted] Exhibit C ASSUMPTION AGREEMENT [Omitted] Exhibit D SURFACE DEED [Omitted] Exhibit E SELLER CERTIFICATES [Omitted] Exhibit F SELLER FIRPTA CERTIFICATE [Omitted] Exhibit G IP ASSIGNMENT AGREEMENT [Omitted] Exhibit H BUYER CERTIFICATE [Omitted] Exhibit I BID PROCEDURES ORDER [Omitted] Exhibit J SALE ORDER [Omitted] Exhibit K ISSUANCE AGREEMENT [Omitted] Exhibit L LLC AGREEMENT ADDENDUM [Omitted].

References and Rules of Construction. The words “hereof”, “herein” and “hereunder” and words of like import used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The headings and captions herein are included for convenience of reference only and shall be ignored in the construction or interpretation hereof. References to Articles, Sections, Exhibits and Schedules are to Articles, Sections, Exhibits and Schedules of this Agreement unless otherwise specified. All Exhibits and Schedules annexed hereto or referred to herein are hereby incorporated in and made a part of this Agreement as if set forth in full herein. Any capitalized terms used in any Exhibit or Schedule but not otherwise defined therein and defined herein, shall have the meaning as defined in this Agreement. Any singular term in this Agreement shall be deemed to include the plural, and any plural term the singular. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”, whether or not they are in fact followed by those words or words of like import. “Writing”, “written” and comparable terms refer to printing, typing and other means of reproducing words (including electronic media) in a visible form. References to any Person include the successors and permitted assigns of that Person. References from or through any date mean, unless otherwise specified, from and including or through and including, respectively. References to “law”, “laws” or to a particular statute or law shall be deemed also to include any and all Applicable Law. The word “or” will have the inclusive meaning represented by the phrase “and/or.” The phrase “and/or” when used in a conjunctive phrase, shall mean any one or more of the Persons specified in or the existence or occurrence of any one or more of the events, conditions or circumstances set forth in that phrase; provided, however, that when used to describe the obligation of one or more Persons to do any act, it shall mean that the obligation is the obligation of each of the Persons but that it may be satisfied by performance by any one or more of them. “Shall” and “will” have equal force and effect. The word “extent” in the phrase “to the extent” shall mean the degree or proportion to which a subject or other things extends, and such phrase shall not mean simply “if.” References to any date shall mean such date in Fort Worth, Texas and for purposes of calculating the time period in which any notice or action is to be given or undertaken hereunder, such period shall be deemed to begin at 12:01 a.m. on the applicable date in Fort Worth, Texas. If a date specified herein for giving any notice or taking any action is not a Business Day (or if the period during which any notice is required to be given or any action taken expires on a date which is not a Business Day), then the date for giving such notice or taking such action (and the expiration date of such period during which notice is required to be given or action taken) shall be the next day which is a Business Day. All references to immediately available funds or dollar amounts contained in this Agreement shall mean United States dollars. THE PARTIES AGREE THAT THE BOLD AND/OR CAPITALIZED LETTERS IN THIS AGREEMENT CONSTITUTE CONSPICUOUS LEGENDS. Exhibit B ASSIGNMENT AND XXXX BXXX OF SALE [Omitted] Exhibit C ASSUMPTION AGREEMENT [Omitted] Exhibit D SURFACE DEED [Omitted] Exhibit E SELLER CERTIFICATES [Omitted] Exhibit F SELLER FIRPTA CERTIFICATE [Omitted] Exhibit G IP ASSIGNMENT AGREEMENT [Omitted] Exhibit H BUYER CERTIFICATE [Omitted] Exhibit I BID PROCEDURES ORDER [Omitted] Exhibit J SALE ORDER [Omitted] Exhibit K ISSUANCE AGREEMENT [Omitted] Exhibit L LLC AGREEMENT ADDENDUM [Omitted]

References and Rules of Construction. All references in this Agreement to Exhibits, Articles, Sections, subsections and other subdivisions refer to the corresponding Exhibits, Articles, Sections, subsections and other subdivisions of or to this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsections and other subdivisions of this Agreement are for convenience only, do not constitute any part of this Agreement, and shall be disregarded in construing the language hereof. The words “hereof”, this Agreement,” “herein,” and “hereby,” “hereunder” and “hereof,” and words of like similar import used in this Agreement shall refer to this Agreement as a whole whole, including the applicable Agreement Addendum and all Exhibits and other attachments hereto and the applicable Agreement Addendum, all of which are incorporated herein, and not to any particular provision of this AgreementExhibit, Article, Section, subsection or other subdivision unless expressly so limited. The headings and captions herein are included for convenience of reference only and shall be ignored in the construction or interpretation hereof. References to Articles, Sections, Exhibits and Schedules are to Articles, Sections, Exhibits and Schedules of this Agreement unless otherwise specified. All Exhibits and Schedules annexed hereto or referred to herein are hereby incorporated in and made a part of this Agreement as if set forth in full herein. Any capitalized terms used in any Exhibit or Schedule but not otherwise defined therein and defined herein, shall have the meaning as defined in this Agreement. Any singular term in this Agreement shall be deemed to include the plural, and any plural term the singular. Whenever the words “include”, “includes” or word “including” are used (in this Agreement, they shall be deemed to be followed by the words its various forms) means “including without limitation”, whether or not they are in fact followed by those words or words of like import. “Writing”, “written.” and comparable terms refer to printing, typing and other means of reproducing words (including electronic media) in a visible form. References to any Person include the successors and permitted assigns of that Person. References from or through any date mean, unless otherwise specified, from and including or through and including, respectively. References to “law”, “laws” or to a particular statute or law shall be deemed also to include any and all Applicable Law. The word “or” will have the inclusive meaning represented by the phrase “and/or.” The phrase shall mean “and/or” when used in unless a conjunctive phrase, shall mean any one or more of the Persons specified in or the existence or occurrence of any one or more of the events, conditions or circumstances set forth in that phrase; provided, however, that when used to describe the obligation of one or more Persons to do any act, it shall mean that the obligation is the obligation of each of the Persons but that it may be satisfied by performance by any one or more of them. “Shall” and “will” have equal force and effectclear contrary intention exists. The word “extentfrom” in means from and including, the phrase word “to the extentthrough” shall mean the degree or proportion to which a subject or other things extendsmeans through and including, and such phrase shall not mean simply the word “if.until” References to any date shall mean such date in Fort Worth, Texas and for purposes of calculating the time period in which any notice or action is to be given or undertaken hereunder, such period shall be deemed to begin at 12:01 a.m. on the applicable date in Fort Worth, Texas. If a date specified herein for giving any notice or taking any action is not a Business Day (or if the period during which any notice is required to be given or any action taken expires on a date which is not a Business Day), then the date for giving such notice or taking such action (and the expiration date of such period during which notice is required to be given or action taken) shall be the next day which is a Business Daymeans until but excluding. All references to immediately available funds “$” or dollar amounts contained in this Agreement “dollars” shall mean be deemed references to United States dollars. THE PARTIES AGREE THAT THE BOLD AND/OR CAPITALIZED LETTERS IN THIS AGREEMENT CONSTITUTE CONSPICUOUS LEGENDSThe words “will” and “shall” have the same meaning, force, and effect. Exhibit B ASSIGNMENT AND XXXX OF SALE [Omitted] Exhibit C ASSUMPTION AGREEMENT [Omitted] Exhibit D SURFACE DEED [Omitted] Exhibit E SELLER CERTIFICATES [Omitted] Exhibit F SELLER FIRPTA CERTIFICATE [Omitted] Exhibit G IP ASSIGNMENT AGREEMENT [Omitted] Exhibit H BUYER CERTIFICATE [Omitted] Exhibit I BID PROCEDURES ORDER [Omitted] Exhibit J SALE ORDER [Omitted] Exhibit K ISSUANCE AGREEMENT [Omitted] Exhibit L LLC AGREEMENT ADDENDUM [Omitted]Each accounting term not defined herein will have the meaning given to it under generally accepted accounting principles. Pronouns in masculine, feminine or neuter genders shall be construed to state and include any other gender, and words, terms and titles (including terms defined herein) in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires. References to any Law, contract or other agreement mean such Law, contract or agreement as it may be amended, supplemented, released, revised, replaced, or otherwise modified from time to time.

References and Rules of Construction. All references in this Agreement to Annexes, Exhibits, Schedules, Articles, Sections, subsections and other subdivisions refer to the corresponding Annexes, Exhibits, Schedules, Articles, Sections, subsections and other subdivisions of or to this Agreement unless expressly provided otherwise. The Annexes, Exhibits and Schedules to this Agreement are incorporated in this Agreement as if set forth in full herein and are an integral part of this Agreement, but if there is any conflict or inconsistency between the main body of this Agreement and an Exhibit or Schedule, the provisions of the main body of this Agreement shall prevail. All terms defined in this Agreement will have their defined meanings when used in any Annex, Exhibit or Schedule to this Agreement or any certificate or other document made or delivered pursuant to it, unless otherwise defined therein. Titles appearing at the beginning of any Article, Section, subsection or other subdivision of this Agreement are for convenience only, do not constitute any part of this Agreement, and are to be disregarded in construing the language of this Agreement. The words “hereof”, this Agreement,” “herein,” and “hereby,” “hereunder” and “hereof,” and words of like import used in this Agreement shall similar import, refer to this Agreement as a whole and not to any particular provision of this AgreementArticle, Section subsection or other subdivision unless expressly so limited. The headings words “this Article,” “this Section,” and captions herein are included for convenience “this subsection,” and words of reference similar import, refer only and shall be ignored in to the construction Article, Section or interpretation hereof. References to Articles, Sections, Exhibits and Schedules are to Articles, Sections, Exhibits and Schedules subsection of this Agreement unless otherwise specifiedin which such words occur. All Exhibits and Schedules annexed hereto or referred to herein are hereby incorporated in and made a part of this Agreement as if set forth in full herein. Any capitalized terms used in any Exhibit or Schedule The word “or” is disjunctive but not otherwise defined therein necessarily exclusive, and defined herein, shall have has the meaning as defined in this Agreement. Any singular term in this Agreement shall be deemed to include represented by the plural, and any plural term the singular. Whenever the words phrase “include”, “includesand/or.” or The word “including” are used (in this Agreement, they its various forms) means “including without limitation” and the phrase “such as” means “such as without limitation,” and each shall be deemed to be followed by the words “without limitation”, whether or not they are limiting the foregoing in fact followed by those words or words of like import. “Writing”, “writtenany respect.” and comparable terms refer to printing, typing and other means of reproducing words (including electronic media) in a visible form. References to any Person include the successors and permitted assigns of that Person. References from or through any date mean, unless otherwise specified, from and including or through and including, respectively. References to “law”, “laws” or to a particular statute or law shall be deemed also to include any and all Applicable Law. The word “orwill” will shall be construed to have the inclusive same meaning represented by and effect as the phrase word “and/orshall.” The phrase “and/or” when used in a conjunctive phrase, shall mean any one or more of the Persons specified in or the existence or occurrence of any one or more of the events, conditions or circumstances set forth in that phrase; provided, however, that when used to describe the obligation of one or more Persons to do any act, it shall mean that the obligation is the obligation of each of the Persons but that it may be satisfied by performance by any one or more of them. “Shall” and “will” have equal force and effect. The word “extent” in the phrase “to the extent” shall mean means the degree or proportion to which a subject or other things thing extends, and such phrase shall will not mean simply “if.” Examples will not be construed to limit, expressly or by implication, the matter they illustrate. The term “cost” includes expense and the term “expense” includes cost. All references to “$” or “dollars” are deemed references to United States Dollars. Each accounting term not defined in this Agreement will have the meaning given to it under GAAP as applied by Seller. To the extent that this Agreement provides that a document or information was “made available” or otherwise provided to Buyer, it means that such document or information was delivered electronically to Buyer and its Representatives (as that term is defined in the Confidentiality Agreement) or posted to Seller’s electronic dataroom prior to the Execution Date. Pronouns in masculine, feminine or neuter genders are to be construed to state and include any other gender, and words, terms and titles (including terms defined in this Agreement) in the singular form are to be construed to include the plural and vice versa, unless the context otherwise requires. The serial comma is sometimes included and sometimes omitted. Its inclusion or exclusion will not affect the interpretation of any phrase. Reference in this Agreement to any federal, state, local or foreign Law are to be deemed to also refer to all rules and regulations promulgated thereunder, unless the context requires otherwise, and reference herein to any agreement, instrument or Law means such agreement, instrument or Law as from time to time amended, modified or supplemented, including, in the case of agreements or instruments, by waiver or consent and, in the case of Laws, by succession of comparable successor Laws. References to any date shall mean such date in Fort WorthDallas, Texas Texas, and for purposes of calculating the period of time period in which any notice or action is to be given or undertaken hereunder, such period shall will be deemed to begin at 12:01 a.m. on the applicable date in Fort WorthDallas, Texas. If a date specified herein for giving With respect to the determination of any notice or taking any action is not a Business Day (or if period of time, “from” means “from and including”, “to” means “to but excluding” and “through” means “through and including”. When calculating the period during of time before which, within which, or following which any notice act is required to be given done or step to be taken pursuant to this Agreement, the date that is the reference date in calculating such period will be excluded. If any action taken expires period of days referred to in the Agreement would otherwise end on a date which day that is not a Business Day), then the date for giving such notice or taking such action (and the expiration date of such period during which notice will be automatically extended until the end of the first succeeding Business Day. Whenever the Parties have agreed that any approval or consent shall not be unreasonably withheld, such phrase includes the Parties’ agreement the approval or consent shall not be unreasonably delayed or conditioned. References to a Person are also to its permitted successor and permitted assigns, and reference to a Person in a particular capacity excludes such Person in any other capacity or individually. If Teal or Castlerock, but not both have an interest in one or more Assets subject to or affected by a dispute, agreement, decision or approval that is otherwise required to be resolved, made or given or action taken) shall be by the next day which is a Business Day. All references to immediately available funds or dollar amounts contained Seller under this Agreement, then notwithstanding anything in this Agreement shall mean United States dollars. THE PARTIES AGREE THAT THE BOLD AND/OR CAPITALIZED LETTERS IN THIS AGREEMENT CONSTITUTE CONSPICUOUS LEGENDS. Exhibit B ASSIGNMENT AND XXXX OF SALE [Omitted] Exhibit C ASSUMPTION AGREEMENT [Omitted] Exhibit D SURFACE DEED [Omitted] Exhibit E SELLER CERTIFICATES [Omitted] Exhibit F SELLER FIRPTA CERTIFICATE [Omitted] Exhibit G IP ASSIGNMENT AGREEMENT [Omitted] Exhibit H BUYER CERTIFICATE [Omitted] Exhibit I BID PROCEDURES ORDER [Omitted] Exhibit J SALE ORDER [Omitted] Exhibit K ISSUANCE AGREEMENT [Omitted] Exhibit L LLC AGREEMENT ADDENDUM [Omitted]to the contrary, only the Seller having an interest in the affected Asset or Assets will have a right to participate in such dispute or make such agreement or decision or give such approval.