References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Exhibits and Schedules to any Loan Document shall be deemed incorporated by reference in such Loan Document. References to any document, instrument, or agreement (a) shall include all exhibits, schedules, and other attachments thereto, and (b) shall include all documents, instruments, or agreements issued or executed in replacement thereof. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words “this Agreement”, “this instrument”, “herein”, “hereof”, “hereby”, “hereunder” and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases “this section” and “this subsection” and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word “or” is not exclusive, and the word “including” (in its various forms) means “including without limitation”. Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires. Accounting terms have the meanings assigned to them by GAAP, as applied by the accounting entity to which they refer. References to “days” shall mean calendar days, unless the term “Business Day” is used. Unless otherwise specified, references herein to any particular Person also refer to its successors and permitted assigns.
Appears in 8 contracts
Samples: Credit Agreement (Comfort Systems Usa Inc), Credit Agreement (Comfort Systems Usa Inc), Credit Agreement (Comfort Systems Usa Inc)
References and Titles. All references in this Agreement to Exhibits, Schedules, articlesArticles, sectionsSections, subsections subsections, and other subdivisions refer to the corresponding Exhibits, Schedules, articlesArticles, sectionsSections, subsections subsections, and other subdivisions of this Agreement unless expressly provided otherwise. Exhibits and Schedules to any Loan Document shall be deemed incorporated by reference in such Loan Document. References to any document, instrument, or agreement (a) shall include all exhibits, schedules, and other attachments thereto, and (b) shall include all documents, instruments, or agreements issued or executed in replacement thereof. Titles appearing at the beginning of any Articles, Sections, subsections, or other subdivisions of this Agreement are for convenience only and only, do not constitute any part of such subdivisions Articles, Sections, subsections or other subdivisions, and shall be disregarded in construing the language contained in such subdivisionstherein. The words “"this Agreement”, “this instrument”, “," "herein”, “," "hereby," "hereunder," " and "hereof”, “hereby”, “hereunder” ," and words of similar import import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases “words "this section” and “Section," "this subsection” ," and words of similar phrases import, refer only to the sections Sections or subsections hereof in which such phrases words occur. The word “"or” " is not exclusive, and the word “"including” " (in its various forms) means “"including without limitation”. ." Pronouns in masculine, feminine and feminine, or neuter genders shall be construed to state and include any other gendergender and words, terms, and words titles (including terms defined herein) in the singular form shall be construed to include the plural and vice versa, unless the context otherwise expressly requires. Accounting Unless the context otherwise requires, all defined terms have contained herein shall include the meanings assigned to them by GAAP, as applied by singular and plural and the accounting entity to which they refer. References to “days” shall mean calendar days, unless the term “Business Day” is used. Unless otherwise specified, references herein to any particular Person also refer to its successors conjunctive and permitted assignsdisjunctive forms of such defined terms.
Appears in 5 contracts
Samples: Asset Purchase Agreement (Commodore Media Inc), Asset Purchase Agreement (Capstar Broadcasting Partners Inc), Exchange Agreement (Capstar Broadcasting Partners Inc)
References and Titles. All references in this Agreement to Exhibits, Schedules, articlesArticles, sectionsSections, subsections subsections, and other subdivisions refer to the corresponding Exhibits, Schedules, articlesArticles, sectionsSections, subsections subsections, and other subdivisions of this Agreement unless expressly provided otherwise. Exhibits and Schedules to any Loan Document shall be deemed incorporated by reference in such Loan Document. References to any document, instrument, or agreement (a) shall include all exhibits, schedules, and other attachments thereto, and (b) shall include all documents, instruments, or agreements issued or executed in replacement thereof. Titles appearing at the beginning of any Articles, Sections, subsections, or other subdivisions of this Agreement are for convenience only and only, do not constitute any part of such subdivisions Articles, Sections, subsections or other subdivisions, and shall be disregarded in construing the language contained in such subdivisionstherein. The words “"this Agreement”, “this instrument”, “," "herein”, “," "hereby," "hereunder," and "hereof”, “hereby”, “hereunder” ," and words of similar import import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases “words "this section” and “Section," "this subsection” ," and words of similar phrases import, refer only to the sections Sections or subsections hereof in which such phrases words occur. The word “or” is not exclusive, and the word “"including” " (in its various forms) means “"including without limitation”. ." Pronouns in masculine, feminine and feminine, or neuter genders shall be construed to state and include any other gendergender and words, terms, and words titles (including terms defined herein) in the singular form shall be construed to include the plural and vice versa, unless the context otherwise expressly requires. Accounting Unless the context otherwise requires, all defined terms have contained herein shall include the meanings assigned to them by GAAP, as applied by singular and plural and the accounting entity to which they refer. References to “days” shall mean calendar days, unless the term “Business Day” is used. Unless otherwise specified, references herein to any particular Person also refer to its successors conjunctive and permitted assignsdisjunctive forms of such defined terms.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Capstar Communications Inc), Stock Purchase Agreement (Coho Energy Inc), Stock Purchase Agreement (Triton Energy LTD)
References and Titles. All references in this Agreement to Exhibits, Schedules, articlesArticles, sectionsSections, subsections and other subdivisions refer to the corresponding Exhibits, Schedules, articlesArticles, sectionsSections, subsections and other subdivisions of or to this Agreement unless expressly provided otherwise. Exhibits and Schedules referred to any Loan Document shall be deemed herein are attached to and by this reference incorporated by reference in such Loan Document. References to any document, instrument, or agreement (a) shall include herein for all exhibits, schedules, and other attachments thereto, and (b) shall include all documents, instruments, or agreements issued or executed in replacement thereofpurposes. Titles appearing at the beginning of any Articles, Sections, subsections or other subdivisions of this Agreement are for convenience only and only, do not constitute any part of such subdivisions this Agreement, and shall be disregarded in construing the language contained in such subdivisionshereof. The words “this Agreement”, “this instrument”, ,” “herein”, ,” “hereby,” “hereunder” and “hereof”, “hereby”, “hereunder,” and words of similar import import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases words “this sectionArticle,” “this Section” and “this subsection,” and words of similar phrases import, refer only to the sections Article, Section or subsections subsection hereof in which such phrases words occur. The word “or” is not exclusive, and the word “including” (in its various forms) means “including without limitation”. Pronouns in masculine, feminine and or neuter genders shall be construed to state and include any other gender, and words 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. Accounting terms have As used in the meanings assigned representations and warranties contained in this Agreement, the phrase “to them the knowledge” of the representing Party refers to the actual knowledge, without a duty of further inquiry, of a Responsible Officer of such representing Party. Disclosure of a matter on a Schedule hereto shall not be deemed a determination by GAAP, as applied by a Party that such matter is material for purposes of this Agreement. All references to dollar amounts herein refer to United States dollars. If the accounting entity date specified 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 which they refer. References to “days” shall mean calendar days, unless the term “be given or any action taken expires on a date that is not a Business Day” ), then the date for giving such notice or taking such action (and the expiration of such period during which notice is used. Unless otherwise specified, references herein required to any particular Person also refer to its successors and permitted assignsbe given or action taken) shall be the next day that is a Business Day.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (Alpha Energy Inc), Purchase and Sale Agreement (Alpha Energy Inc), Purchase and Sale Agreement (Rangeford Resources, Inc.)
References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Exhibits and Schedules to any Loan Document shall be deemed incorporated by reference in such Loan Document. References to any document, instrument, or agreement (a) shall include all exhibits, schedules, and other attachments thereto, and (b) shall include all documents, instruments, or agreements issued or executed in replacement thereof. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words “"this Agreement”, “," "this instrument”, “," "herein”, “," "hereof”, “," "hereby”, “," "hereunder” " and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases “"this section” " and “"this subsection” " and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word “"or” " is not exclusive, and the word “"including” " (in its various forms) means “"including without limitation”. ." Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires. Accounting terms have the meanings assigned to them by GAAP, as applied by the accounting entity to which they refer. References to “"days” " shall mean calendar days, unless the term “"Business Day” " is used. Unless otherwise specified, references herein to any particular Person also refer to its successors and permitted assigns.
Appears in 3 contracts
Samples: Credit Agreement (Genesis Energy Lp), Credit Agreement (Genesis Energy Lp), Credit Agreement (Genesis Energy Lp)
References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Exhibits and Schedules to any Loan Document shall be deemed incorporated by reference in such Loan Document. References to any document, instrument, or agreement (a) shall include all exhibits, schedules, schedules and other attachments thereto, thereto and (b) shall include all documents, instruments, instruments or agreements issued or executed in replacement thereof. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words “this Agreement”, “this instrument”, “herein”, “hereof”, “hereby”, “hereunder” and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases “this section” and “this subsection” and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word “or” is not exclusive, and the word “including” (in its various forms) means “including without limitation”. Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires. Accounting terms have the meanings assigned to them by GAAP, as applied by the accounting entity to which they refer. References to “days” shall mean calendar days, days unless the term “Business Day” Day is used. Unless otherwise specified, references herein to any particular Person also refer to its successors and permitted assigns.
Appears in 3 contracts
Samples: Loan and Security Agreement (Carbiz Inc), Loan and Security Agreement (Manchester Inc), Loan and Security Agreement (Manchester Inc)
References and Titles. All references in this Agreement to Exhibits, Schedules, articlesSections, sectionsparagraphs, subsections and other subdivisions refer to the corresponding Exhibits, Schedules, articlesSections, sectionsparagraphs, subsections and other subdivisions of or to this Agreement unless expressly provided otherwise. Exhibits and Schedules to any Loan Document shall be deemed incorporated by reference in such Loan Document. References to any document, instrument, or agreement (a) shall include all exhibits, schedules, and other attachments thereto, and (b) shall include all documents, instruments, or agreements issued or executed in replacement thereof. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words “this Agreement”, “this instrument”, ,” “herein”, ,” “hereby,” “hereunder” and “hereof”, “hereby”, “hereunder,” and words of similar import import, refer to this Agreement as a whole and not to any particular Section, subsection or other subdivision unless expressly so limited. Titles appearing at the beginning of any Sections, subsections or 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 phrases words “this sectionSection” and “this subsection,” and words of similar phrases import, refer only to the sections Section or subsections subsection hereof in which such phrases words occur. The word “or” is not exclusive, and the word “including” (in its various forms) means “including without limitation”. Each accounting term not defined herein, and each accounting term partly defined herein to the extent not defined, will have the meaning given to it under generally accepted accounting principles, as recognized by the U.S. Financial Accounting Standards Board (or any generally recognized successor). Exhibits and Schedules referred to herein are attached to and by this reference incorporated herein for all purposes. Pronouns in masculine, feminine and or neuter genders shall will be construed to state and include any other gender, and words words, terms and titles (including terms defined herein) in the singular form shall will be construed to include the plural and vice versa, unless the context otherwise requires. Accounting terms have the meanings assigned to them by GAAP, as applied by the accounting entity to which they refer. References to “days” shall any Law or agreement (or contract) mean calendar dayssuch Law or agreement (or contract) as it may be amended from time-to-time. If an ambiguity, unless question of intent or question of interpretation arises, this Agreement must be construed as if drafted jointly, and there must not be any presumption, inference or conclusion drawn against either Party by virtue of the term “Business Day” fact that its representatives have authored this Agreement or any of its terms. Any reference to an agreement or contract herein includes any amendment, modification or replacement thereof that is used. Unless otherwise specified, references herein to any particular Person also refer to its successors and permitted assignsin accordance with the provisions of this Agreement.
Appears in 3 contracts
Samples: Management Services Agreement, Management Services Agreement (Carbon Natural Gas Co), Management Services Agreement (Carbon Natural Gas Co)
References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Exhibits and Schedules to any Loan Note Document shall be deemed incorporated by reference in such Loan Note Document. References to any document, instrument, or agreement (a) shall include all exhibits, schedules, and other attachments thereto, and (b) shall include all documents, instruments, or agreements issued or executed in replacement thereof. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words “this Agreement”, “this instrument”, “herein”, “hereof”, “hereby”, “hereunder” and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases “this section” and “this subsection” and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word “or” is not exclusive, and the word “including” (in its various forms) means “including without limitation”. Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires. Accounting terms have the meanings assigned to them by GAAP, as applied by the accounting entity to which they refer. References to “days” shall mean calendar days, unless the term “Business Day” is used. Unless otherwise specified, references herein to any particular Person also refer to its successors and permitted assigns.
Appears in 2 contracts
Samples: Note Purchase Agreement (Rio Vista Energy Partners Lp), Note Purchase Agreement (Penn Octane Corp)
References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Exhibits and Schedules to any Loan Document shall be deemed incorporated by reference in such Loan Document. References to any document, instrument, or agreement (a) shall include all exhibits, schedules, schedules and other attachments thereto, thereto and (b) shall include all documents, instruments, instruments or agreements issued or executed in replacement thereof. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words “this Agreement”, “this instrument”, “herein”, “hereof”, “hereby”, “hereunder” and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases “this section” and “this subsection” and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word “or” is not exclusive, and the word “including” (in its various forms) means “including without limitation”. Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires. Accounting terms have the meanings assigned to them by GAAP, as applied by the accounting entity to which they refer. References to “days” shall mean calendar days, days unless the term “Business Day” Day is used. Unless otherwise specified, references herein to any particular Person also refer to its successors and permitted assigns. The meanings of defined terms shall be equally applicable to the singular and plural forms of the defined terms.
Appears in 2 contracts
Samples: Loan and Security Agreement (Carbiz Inc), Loan and Security Agreement (Carbiz Inc)
References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Exhibits and Schedules to any Loan Document shall be deemed incorporated by reference in such Loan Document. References to any document, instrument, or agreement (a) shall include all exhibits, schedules, and other attachments thereto, and (b) shall include all documents, instruments, or agreements issued or executed in replacement thereof. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words “this Agreement”, “this instrument”, “herein”, “hereof”, “hereby”, “hereunder” and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases “this section” and “this subsection” and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word “or” is not exclusive, and the word “including” (in its various forms) means “including without limitation”. Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires. Accounting terms have the meanings assigned to them by GAAP, as applied by the accounting entity to which they refer. References to “days” shall mean calendar days, unless the term “Business Day” is used. Unless otherwise specified, references herein to any particular Person also refer to its successors and permitted assigns.
Appears in 2 contracts
Samples: Credit Agreement (Comfort Systems Usa Inc), Credit Agreement (Comfort Systems Usa Inc)
References and Titles. All references in this Agreement to Exhibits, Schedules, articlesArticles, sectionsSections, subsections and other subdivisions refer to the corresponding Exhibits, Schedules, articlesArticles, sectionsSections, subsections and other subdivisions of or to this Agreement unless expressly provided otherwise. Exhibits and Schedules to any Loan Document shall be deemed incorporated by reference in such Loan Document. References to any document, instrument, or agreement (a) shall include all exhibits, schedules, and other attachments thereto, and (b) shall include all documents, instruments, or agreements issued or executed in replacement thereof. Titles appearing at the beginning of any Articles, Sections, subsections or other subdivisions of this Agreement are for convenience only and only, do not constitute any part of such subdivisions this Agreement, and shall be disregarded in construing the language contained in such subdivisionshereof. The words “this Agreement”, “this instrument”, “herein”, “hereof”, “hereby”, “hereunder” "THIS AGREEMENT," "HEREIN," "HEREBY," "HEREUNDER" and "HEREOF," and words of similar import import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases “this section” words "THIS ARTICLE," "THIS SECTION" and “this subsection” "THIS SUBSECTION," and words of similar phrases import, refer only to the sections Article, Section or subsections subsection hereof in which such phrases words occur. The word “or” "OR" is not exclusive, and the word “including” "INCLUDING" (in its various forms) means “including without limitation”. "INCLUDING WITHOUT LIMITATION." Pronouns in masculine, feminine and or neuter genders shall be construed to state and include any other gender, and words 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. Accounting terms have As used in the meanings assigned to them by GAAPrepresentations and warranties contained in this Agreement, as applied by the accounting entity to which they refer. References to “days” phrase "TO THE KNOWLEDGE" of the representing party shall mean calendar daysthat Responsible Officers of such representing party, unless individually or collectively, either (a) know that the term “Business Day” matter being represented and warranted is used. Unless otherwise specifiedtrue and accurate or (b) have no reason, references herein after reasonable inquiry, to any particular Person also refer to its successors believe that the matter being represented and permitted assignswarranted is not true and accurate.
Appears in 2 contracts
Samples: Merger Agreement (Tide West Oil Co), Agreement and Plan of Merger (Heftel Broadcasting Corp)
References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Exhibits and Schedules to any Loan Document shall be deemed incorporated by reference in such Loan Document. References to any document, instrument, or agreement (a) shall include all exhibits, schedules, and other attachments thereto, and (b) shall include all documents, instruments, or agreements issued or executed in replacement thereof. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words “"this Agreement”, “," "this instrument”, “," "herein”, “," "hereof”, “," "hereby”, “," "hereunder” " and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases “"this section” " and “"this subsection” " and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word “"or” " is not exclusive, and the word “"including” " (in its various forms) means “"including without limitation”. ." Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires. Accounting terms have the meanings assigned to them by GAAP, as applied by to the accounting entity to which they such terms refer. References to “"days” " shall mean calendar days, unless the term “"Business Day” " is used. Unless otherwise specified, references herein to any particular Person also refer to its successors and permitted assigns.
Appears in 2 contracts
Samples: Credit Agreement (Energy Transfer Partners Lp), Credit Agreement (Energy Transfer Partners Lp)
References and Titles. All references in this Agreement Lease to Exhibits, Schedulesexhibits, articles, paragraphs, subparagraphs, sections, subsections and other subdivisions refer to the Exhibits, Schedulesexhibits, articles, paragraphs, subparagraphs, sections, subsections and other subdivisions of this Agreement Lease unless expressly provided otherwise. Exhibits and Schedules to any Loan Document shall be deemed incorporated by reference in such Loan Document. References to any document, instrument, or agreement (a) shall include all exhibits, schedules, and other attachments thereto, and (b) shall include all documents, instruments, or agreements issued or executed in replacement thereof. Titles appearing at the beginning of any articles, paragraphs, or other subdivisions are for convenience only and do not constitute any part of such subdivisions and shall will be disregarded in construing the language contained in such articles, paragraphs, or other subdivisions. The words “this Agreement”, “this instrumentLease”, “herein”, “hereof”, “hereby”, “hereunder” ”, and words of similar import refer to this Agreement Lease as a whole and not to any particular subdivision unless expressly so limited. The phrases “this sectionparagraph” and “this subsectionsubparagraph” and similar phrases refer only to the sections paragraphs or subsections subparagraphs hereof in which such phrases occur. The word “or” is not exclusive, and the word “including” (in its various forms) means “including without limitation”. Pronouns in masculine, feminine and neuter genders shall will be construed to include any other gender, and words in the singular form shall will be construed to include the plural and vice versa, unless the context clearly otherwise requires. Accounting terms have the meanings assigned to them by GAAP, as applied by the accounting entity to which they refer. References to “days” shall mean calendar daysany constitutional, unless statutory, or regulatory provision means such provision as it exists on the term “Business Day” is used. Unless otherwise specified, references herein to Commencement Date and any particular Person also refer to its successors and permitted assignsfuture amendments thereto or successor provisions thereof.
Appears in 2 contracts
Samples: Ground Lease, Ground Lease
References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Exhibits and Schedules to any Loan Document shall be deemed incorporated by reference in such Loan Document. References to any document, instrument, or agreement (a) shall include all exhibits, schedules, and other attachments thereto, and (b) shall include all documents, instruments, or agreements issued or executed in replacement thereof. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words “"this Agreement”, “," "this instrument”, “," "herein”, “," "hereof”, “," "hereby”, “," "hereunder” " and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases “"this section” " and “"this subsection” " and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word “"or” " is not exclusive, and the word “"including” " (in its various forms) means “"including without limitation”. ." Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires. Accounting terms have the meanings assigned to them by GAAP, as applied by the accounting entity to which they refer. References to “"days” " shall mean calendar days, unless the term “"Business Day” " is used. Unless otherwise specified, references herein to any particular Person also refer to its successors and permitted assigns. References to the execution of a certificate by an officer of a Person are to the execution in his or her capacity as such officer on behalf of such Person and not individually.
Appears in 2 contracts
Samples: Credit Agreement (Pacific Energy Partners Lp), Credit Agreement (Pacific Energy Partners Lp)
References and Titles. All references in this Agreement to Exhibits, Schedules, articlesArticles, sectionsSections, subsections and other subdivisions refer to the corresponding Exhibits, Schedules, articlesArticles, sectionsSections, subsections and other subdivisions of or to this Agreement unless expressly provided otherwise. Exhibits and Schedules to any Loan Document shall be deemed incorporated by reference in such Loan Document. References to any document, instrument, or agreement (a) shall include all exhibits, schedules, and other attachments thereto, and (b) shall include all documents, instruments, or agreements issued or executed in replacement thereof. Titles appearing at the beginning of any Articles, Sections, subsections or other subdivisions of this Agreement are for convenience only and only, do not constitute any part of such subdivisions this Agreement, and shall be disregarded in construing the language contained in such subdivisionshereof. The words “this Agreement”, “this instrument”, “herein”, “hereof”, “hereby”, “hereunder” "THIS AGREEMENT," "HEREIN," "HEREBY," "HEREUNDER" and "HEREOF," and words of similar import import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases “this section” words "THIS ARTICLE," "THIS SECTION" and “this subsection” "THIS SUBSECTION," and words of similar phrases import, refer only to the sections Article, Section or subsections subsection hereof in which such phrases words occur. The word “or” "OR" is not exclusive, and the word “including” "INCLUDING" (in its various forms) means “including without limitation”. Pronouns in masculine, feminine and or neuter genders shall be construed to state and include any other gender, and words 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. Accounting terms have As used in the meanings assigned to them by GAAPrepresentations and warranties contained in this Agreement, as applied by the accounting entity to which they refer. References to “days” phrase "TO THE KNOWLEDGE" of the representing Party shall mean calendar daysthat Responsible Officers of such Party, unless individually or collectively, either (a) know that the term “Business Day” matter being represented and warranted is used. Unless otherwise specifiedtrue and accurate or (b) have no reason, references herein after reasonable inquiry, to any particular Person also refer to its successors believe that the matter being represented and permitted assignswarranted is not true and accurate.
Appears in 2 contracts
Samples: Merger Agreement (Vista Energy Resources Inc), Merger Agreement (Prize Energy Corp)
References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Exhibits and Schedules to any Loan Document shall be deemed incorporated by reference in such Loan Document. References to any document, instrument, instrument or agreement (a) shall include all exhibits, schedules, schedules and other attachments thereto, thereto and (b) shall include all documents, instruments, instruments or agreements issued or executed in replacement thereof. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words “this Agreement”, “this instrument”, ,” “herein”, ,” “hereof”, ,” “hereby”, ,” “hereunder” and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases phrase “this section” and “this subsection” and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word “or” is not exclusive, and the word “including” (in its various forms) means “including without limitation”. Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires. Accounting terms have the meanings assigned to them by GAAP, as applied by the accounting entity to which they refer. .” References to “days” shall mean calendar days, days unless the term “Business Day” Day is used. Unless otherwise specified, references herein to any particular Person also refer to its successors and permitted assigns. The meanings of defined terms shall be equally applicable to the singular and plural forms of the defined terms.
Appears in 2 contracts
Samples: Loan and Security Agreement (Carbiz Inc), Loan and Security Agreement (Carbiz Inc)
References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Exhibits and Schedules to any Loan Document shall be deemed incorporated by reference in such Loan Document. References to any document, instrument, or agreement (a) shall include all exhibits, schedules, and other attachments thereto, and (b) shall include all documents, instruments, or agreements issued or executed in replacement thereof. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words “"this Agreement”", “"this instrument”", “"herein”", “"hereof”", “"hereby”", “"hereunder” " and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases “"this section” " and “"this subsection” " and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word “"or” " is not exclusive, and the word “"including” " (in its various forms) means “"including without limitation”". Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires. Accounting terms have the meanings assigned to them by GAAP, as applied by the accounting entity to which they refer. References to “"days” " shall mean calendar days, unless the term “"Business Day” " is used. Unless otherwise specified, references herein to any particular Person also refer to its successors and permitted assigns.
Appears in 1 contract
References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections subsections, definitions and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections subsections, definitions and other subdivisions of this Agreement unless expressly provided otherwise. Exhibits and Schedules to any Loan Note Document shall be deemed incorporated by reference in such Loan Note Document. References to any document, instrument, or agreement (a) shall include all exhibits, schedules, and other attachments thereto, and (b) shall include all documents, instruments, or agreements issued or executed in replacement thereof. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words “"this Agreement”", “"this instrument”", “"herein”", “"hereof”", “"hereby”", “"hereunder” " and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases “"this section” " and “"this subsection” " and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word “"or” " is not exclusive, and the word “"including” " (in its various forms) means “"including without limitation”. Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires. Accounting terms have the meanings assigned to them by GAAP, as applied by the accounting entity to which they refer". References to “days” shall mean calendar days, unless the term “Business Day” is used. Unless otherwise specified, references herein to any particular Person also refer to its successors and permitted assigns.a Person's "discretion"
Appears in 1 contract
References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Exhibits and Schedules to any Loan Document shall be deemed incorporated by reference in such Loan Document. References to any document, instrument, or agreement (a) shall include all exhibits, schedules, and other attachments thereto, and (b) shall include all documents, instruments, or agreements issued or executed in replacement thereof. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words “"this Agreement”", “"this instrument”", “"herein”", “"hereof”", “"hereby”", “"hereunder” " and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases “"this section” " and “"this subsection” " and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word “"or” " is not exclusive, and the word “"including” " (in its various forms) means “"including without limitation”". Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires. Accounting terms have the meanings assigned to them by GAAP, as applied by to the accounting entity to which they refer. References to “"days” " shall mean calendar days, unless the term “"Business Day” " is used. Unless otherwise specified, references herein to any particular Person also refer to its successors and permitted assigns.
Appears in 1 contract
References and Titles. All references in this Agreement to Exhibitsexhibits, Schedulesschedules, articles, sections, subsections and other subdivisions refer to the Exhibitsexhibits, Schedulesschedules, articles, sections, subsections and other subdivisions of this Agreement unless otherwise expressly provided otherwiseprovided. Exhibits Section and Schedules to any Loan Document shall be deemed incorporated by reference in such Loan Document. References to any document, instrument, or agreement (a) shall include all exhibits, schedules, and other attachments thereto, and (b) shall include all documents, instruments, or agreements issued or executed in replacement thereof. Titles appearing at the beginning of any subdivisions subdivision headings are for convenience only and only, do not constitute any part of such sections or subdivisions and shall be disregarded in construing the language contained in such sections or subdivisions. The words “this Agreement”, ,” “this instrument”, ,” “herein”, ,” “hereof”, ,” “hereby”, ,” “hereunder” and words of similar import refer to this Agreement as a whole and not to any particular subdivision sections or subdivisions unless expressly so limited. The phrases “this section” and “this subsection” and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word “or” is not exclusive, and the word “including” (in its various forms) means “including without limitation”. Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires. Accounting terms have Calculations and Determinations. Interest shall be calculated on the meanings assigned to them by GAAPbasis of a 360 day year for the actual number of days in the applicable period. Each payment may, as at the option of Lender, be calculated and applied by the accounting entity to which they refer. References to “days” shall mean calendar days, unless the term “Business Day” is usedon an assumption that such payment would be made on its due date. Unless otherwise specifiedexpressly provided herein or Lender otherwise consents in writing, references herein all Financial Statements and reports to any particular Person also refer be furnished to its successors Lender under the Loan Documents shall be prepared and permitted assignsall financial computations and determinations made pursuant to the Loan Documents, and with respect to the Financial Statements, shall be made in accordance with GAAP.
Appears in 1 contract
Samples: Senior Secured Credit Agreement (Kentucky USA Energy, Inc.)
References and Titles. All references in this Agreement to Exhibits, Schedules, articlesArticles, sectionsSections, subsections and other subdivisions refer to the corresponding Exhibits, Schedules, articlesArticles, sectionsSections, subsections and other subdivisions of or to this Agreement unless expressly provided otherwise. Exhibits and Schedules to any Loan Document shall be deemed incorporated by reference in such Loan Document. References to any document, instrument, or agreement (a) shall include all exhibits, schedules, and other attachments thereto, and (b) shall include all documents, instruments, or agreements issued or executed in replacement thereof. Titles appearing at the beginning of any Articles, Sections, subsections or other subdivisions of this Agreement are for convenience only and only, do not constitute any part of such subdivisions this Agreement, and shall be disregarded in construing the language contained in such subdivisionshereof. The words “this Agreement”, “this instrument”, “herein”, “hereof”, “hereby”, “hereunder” "THIS AGREEMENT," "HEREIN," "HEREBY," "HEREUNDER" and "HEREOF," and words of similar import import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases “this section” words "THIS ARTICLE," "THIS SECTION" and “this subsection” "THIS SUBSECTION," and words of similar phrases import, refer only to the sections Article, Section or subsections subsection hereof in which such phrases words occur. The word “or” "OR" is not exclusive, and the word “including” "INCLUDING" (in its various forms) means “including without limitation”. Pronouns in masculine, feminine and or neuter genders shall be construed to state and include any other gender, and words 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. Accounting terms have As used in the meanings assigned to them by GAAPrepresentations and warranties contained in this Agreement, as applied by the accounting entity to which they refer. References to “days” phrase "TO THE KNOWLEDGE" of the representing party shall mean calendar daysthat the Responsible Officers of such party, unless individually and collectively, either (a) know that the term “Business Day” matter being represented and warranted is used. Unless otherwise specified, references herein true and accurate or (b) have no reason to any particular Person also refer to its successors believe that the matter being represented and permitted assignswarranted is not true and accurate.
Appears in 1 contract
References and Titles. All references in this Agreement to Exhibits, Schedules, articlesAppendices, sectionsArticles, Sections, subsections and other subdivisions refer to the Exhibits, Schedules, articlesAppendices, sectionsArticles, Sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Exhibits and Schedules to any Loan Document shall be deemed incorporated by reference in such Loan Document. References to any document, instrument, or agreement (a) shall include all exhibits, schedules, and other attachments thereto, and (b) shall include all documents, instruments, or agreements issued or executed in replacement thereof. Titles appearing at the beginning of any subdivisions are for convenience only and only, do not constitute any part of such those subdivisions and shall will be disregarded in construing the language contained in such those subdivisions. The words “this Agreement”, ,” “this instrument”, ,” “herein”, ,” “hereof”, ,” “hereby”, ,” “hereunder” and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases “this section” and “this subsection” and similar phrases refer only to the sections or subsections hereof of this Agreement in which such those phrases occur. The word “or” is not exclusive, and ; the word “including” (in its various forms) means “including without limitation”. .” Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires. Accounting terms The word “will” shall be construed to have the meanings assigned same meaning and effect as the word “shall.” Unless the context requires otherwise (a) any reference herein to them by GAAPany law shall be construed as referring to such law as amended, as applied by modified, codified or reenacted, in whole or in part, and in effect from time to time; (b) any reference herein to any Person shall be construed to include such Person’s successors and assigns (subject to the accounting entity restrictions contained herein); and (c) with respect to which they refer. References the determination of any time period, the word “from” means “from and including” and the word “to” means “to and including.” A reference herein to a number of “days” shall mean will be intended to refer to that number of calendar (as opposed to working) days, unless the term “Business Day” is usedotherwise specifically provided. Unless otherwise specified, references herein to No provision of this Agreement or any particular other Transaction Document shall be interpreted or construed more strictly against any Person also refer to solely because such Person or its successors and permitted assignslegal representative drafted such provision.
Appears in 1 contract
Samples: Acquisition and Development Agreement (Forest Oil Corp)
References and Titles. All references in this Agreement to Exhibits, Schedules, articlesArticles, sectionsSections, subsections subsections, and other subdivisions refer to the corresponding Exhibits, Schedules, articlesArticles, sectionsSections, subsections subsections, and other subdivisions of this Agreement unless expressly provided otherwise. Exhibits and Schedules to any Loan Document shall be deemed incorporated by reference in such Loan Document. References to any document, instrument, or agreement (a) shall include all exhibits, schedules, and other attachments thereto, and (b) shall include all documents, instruments, or agreements issued or executed in replacement thereof. Titles appearing at the beginning of any Articles, Sections, subsections, or other subdivisions of this Agreement are for convenience only and only, do not constitute any part of such subdivisions Articles, Sections, subsections or other subdivisions, and shall be disregarded in construing the language contained in such subdivisionstherein. The words “this Agreement”, “this instrument”, “herein”, “hereof”, “hereby”, “hereunder” "THIS AGREEMENT," "HEREIN," "HEREBY," "HEREUNDER," and "HEREOF," and words of similar import import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases “this section” words "THIS SECTION," "THIS SUBSECTION," and “this subsection” and words of similar phrases import, refer only to the sections Sections or subsections hereof in which such phrases words occur. The word “or” is not exclusive, and the word “including” "INCLUDING" (in its various forms) means “including without limitation”. "INCLUDING WITHOUT LIMITATION." Pronouns in masculine, feminine and feminine, or neuter genders shall be construed to state and include any other gendergender and words, terms, and words titles (including terms defined herein) in the singular form shall be construed to include the plural and vice versa, unless the context otherwise expressly requires. Accounting Unless the context otherwise requires, all defined terms have contained herein shall include the meanings assigned to them by GAAP, as applied by singular and plural and the accounting entity to which they refer. References to “days” shall mean calendar days, unless the term “Business Day” is used. Unless otherwise specified, references herein to any particular Person also refer to its successors conjunctive and permitted assignsdisjunctive forms of such defined terms.
Appears in 1 contract
References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections subsections, definitions and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections subsections, definitions and other subdivisions of this Agreement unless expressly provided otherwise. Exhibits and Schedules to any Loan Document shall be deemed incorporated by reference in such Loan Document. References to any document, instrument, or agreement (a) shall include all exhibits, schedules, and other attachments thereto, and (b) shall include all documents, instruments, or agreements issued or executed in replacement thereof. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words “this Agreement”, “this instrument”, “herein”, “hereof”, “hereby”, “hereunder” and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases “this section” and “this subsection” and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word “or” is not exclusive, and the word “including” (in its various forms) means “including without limitation”. Except as expressly provided otherwise, references to a Person’s “discretion” means its sole and absolute discretion. Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires. Accounting terms have the meanings assigned to them by GAAP, as applied by the accounting entity to which they refer. References to “days” shall mean calendar days, unless the term “Business Day” is used. Unless otherwise specified, references herein to any particular Person also refer to its successors and permitted assigns.
Appears in 1 contract
References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Exhibits and Schedules to any Loan Document shall be deemed incorporated by reference in such Loan Document. References to any document, instrument, or agreement (a) shall include all exhibits, schedules, and other attachments thereto, and (b) shall include all documents, instruments, or agreements issued or executed in replacement thereof. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words “this Agreement”, “this instrument”, “herein”, “hereof”, “hereby”, “hereunder” and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases “this section” and “this subsection” and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word “or” is not exclusive, and the word “including” (in its various forms) means “including without limitation”. Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires. Accounting terms have the meanings assigned to them by GAAP, as applied by the accounting entity to which they refer. References to “days” shall mean calendar days, unless the term “Business Day” is used. Unless otherwise specified, references herein to any particular Person also refer to its successors and permitted assigns.various
Appears in 1 contract
References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Exhibits and Schedules to any Loan Document shall be deemed incorporated deemedincorporated by reference in such Loan Document. References to any document, instrument, or agreement (a) shall include all exhibits, schedules, and other attachments thereto, and (b) shall include all documents, instruments, or agreements issued or executed in replacement thereof. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words “"this Agreement”", “"this instrument”", “"herein”", “"hereof”", “"hereby”", “"hereunder” " and words of similar import refer importrefer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases “"this section” " and “"this subsection” " and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word “"or” " is not exclusive, and the word “"including” " (in its various forms) means “"including without limitation”". Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires. Accounting terms have the meanings assigned to them by GAAP, as applied by the accounting entity to which they refer. References to “"days” " shall mean calendar days, unless the term “"Business Day” " is used. Unless otherwise specified, references herein to any particular Person also refer to its successors and permitted assigns.
Appears in 1 contract
References and Titles. All references in this Agreement to Exhibits, Schedules, articlesArticles, sectionsSections, subsections subsections, and other subdivisions refer to the corresponding Exhibits, Schedules, articlesArticles, sectionsSections, subsections subsections, and other subdivisions of this Agreement unless expressly provided otherwise. Exhibits and Schedules to any Loan Document shall be deemed incorporated by reference in such Loan Document. References to any document, instrument, or agreement (a) shall include all exhibits, schedules, and other attachments thereto, and (b) shall include all documents, instruments, or agreements issued or executed in replacement thereof. Titles appearing at the beginning of any Articles, Sections, subsections, or other subdivisions of this Agreement are for convenience only and only, do not constitute any part of such subdivisions Articles, Sections, subsections or other subdivisions, and shall be disregarded in construing the language contained in such subdivisionstherein. The words “this Agreement”, “this instrument”, “herein”, “hereof”, “hereby”, “hereunder” "THIS AGREEMENT," "HEREIN," "HEREBY," "HEREUNDER," and "HEREOF," and words of similar import import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases “this section” words "THIS SECTION," "THIS SUBSECTION," and “this subsection” and words of similar phrases import, refer only to the sections Sections or subsections hereof in which such phrases words occur. The word “or” is not exclusive, and the word “including” "INCLUDING" (in its various forms) means “including without limitation”. "INCLUDING WITHOUT LIMITATION." Pronouns in masculine, feminine and feminine, or neuter genders shall be construed to state and include any other gendergender and words, terms, and words titles (including terms defined herein) in the singular form shall be construed to include the plural and vice versa, unless the context otherwise expressly requires. Accounting Unless the context otherwise requires, all defined terms have contained herein shall include the meanings assigned to them by GAAP, as applied by singular and plural and the accounting entity to which they referconjunctive and disjunctive forms of such defined terms. References to “days” shall mean calendar days, unless the term “Business Day” is used. Unless otherwise specified, references herein to any particular Person also refer to its successors and permitted assigns.ARTICLE 2
Appears in 1 contract
Samples: Agreement and Plan of Merger (Atrium Companies Inc)
References and Titles. All references in this Agreement to Exhibits, Schedules, articlesArticles, sectionsSections, subsections subsections, and other subdivisions refer to the corresponding Exhibits, Schedules, articlesArticles, sectionsSections, subsections subsections, and other subdivisions of this Agreement unless expressly provided otherwise. Exhibits and Schedules to any Loan Document shall be deemed incorporated by reference in such Loan Document. References to any document, instrument, or agreement (a) shall include all exhibits, schedules, and other attachments thereto, and (b) shall include all documents, instruments, or agreements issued or executed in replacement thereof. Titles appearing at the beginning of any Articles, Sections, subsections, or other subdivisions of this Agreement are for convenience only and only, do not constitute any part of such subdivisions Articles, Sections, subsections or other subdivisions, and shall be disregarded in construing the language contained in such subdivisionstherein. The words “this Agreement”, “this instrument”, “herein”, “hereof”, “hereby”, “hereunder” "THIS AGREEMENT," "HEREIN," "HEREBY," "HEREUNDER," " and "HEREOF," and words of similar import import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases “this section” words "THIS SECTION," "THIS SUBSECTION," and “this subsection” and words of similar phrases import, refer only to the sections Sections or subsections hereof in which such phrases words occur. The word “or” "OR" is not exclusive, and the word “including” "INCLUDING" (in its various forms) means “including without limitation”. "INCLUDING WITHOUT LIMITATION." Pronouns in masculine, feminine and feminine, or neuter genders shall be construed to state and include any other gendergender and words, terms, and words titles (including terms defined herein) in the singular form shall be construed to include the plural and vice versa, unless the context otherwise expressly requires. Accounting Unless the context otherwise requires, all defined terms have contained herein shall include the meanings assigned to them by GAAP, as applied by singular and plural and the accounting entity to which they refer. References to “days” shall mean calendar days, unless the term “Business Day” is used. Unless otherwise specified, references herein to any particular Person also refer to its successors conjunctive and permitted assignsdisjunctive forms of such defined terms.
Appears in 1 contract
References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Exhibits and Schedules to any Loan Document shall be deemed incorporated by reference in such Loan Document. References to any document, instrument, or agreement (a) shall include all exhibits, schedules, and other attachments thereto, and (b) shall include all documents, instruments, or agreements issued or executed in replacement thereof. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words “"this Agreement”", “"this instrument”", “"herein”", “"hereof”", “"hereby”", “"hereunder” " and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases “"this section” " and “"this subsection” " and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word “"or” " is not exclusive, and the word “"including” " (in its various forms) means “"including without limitation”". Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires. Accounting terms have the meanings assigned to them by GAAP, as applied by the accounting entity to which they refer. References to “"days” " shall mean calendar days, unless the term “"Business Day” " is used. Unless otherwise specified, references herein to any particular Person also refer to its successors and permitted assigns.
Appears in 1 contract