Common use of References and Titles Clause in Contracts

References and Titles. All references in this Agreement to Exhibits, Schedules, Articles, Sections, subsections and other subdivisions refer to the corresponding Exhibits, 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 or 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 "this agreement," "herein," "hereby," "hereunder" and "hereof," and words of similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words "this article," "this section" and "this subsection," and words of similar import, refer only to the Article, Section or Subsection hereof in which such words occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation." 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. As used in the representations and warranties contained in this Agreement, the phrase "to the knowledge" of the representing party shall mean that such individual party(ies) or the Responsible Officers of such representing corporate party, individually or collectively, either (i) know that the matter being represented and warranted is true and accurate or (ii) have no reason, after reasonable inquiry, to believe that the matter being represented and warranted is not true and accurate.

Appears in 1 contract

Samples: Acquisition Agreement (Xplor Energy Inc)

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References and Titles. All references in this Agreement to Exhibits, Schedules, Articles, Sections, subsections subsections, and other subdivisions refer to the corresponding Exhibits, Schedules, Articles, Sections, subsections subsections, and other subdivisions of or to this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsections subsections, or other subdivisions of this Agreement are for convenience only, do not constitute any part of this Agreementsuch Articles, Sections, subsections, or other subdivisions, and shall be disregarded in construing the language hereofcontained in such subdivisions. The words "this agreementAgreement," "herein," "hereby," "hereunder," and "hereof," and words of similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words "this article," "this sectionSection" and "this subsection," and words of similar import, refer only to the Article, Section Sections or Subsection subsections hereof in which such words occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation." Pronouns in masculine, feminine feminine, or neuter genders shall be construed to state and include any other gender, and words, terms 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 expressly requires. As used in the representations and warranties contained in this Agreement, the phrase "to the knowledgeknowledge of" of the shall mean, with respect to a specified representing party shall mean party, that such individual party(ies) or the Responsible Officers of such representing corporate party, individually or collectively, either have conducted such investigations and inquiries that they reasonably believe to be most likely to confirm the truth and accuracy of the matter being represented and warranted (ior have caused such investigations and inquiries to be made under their supervision) and, after evaluating the findings of such investigations and inquiries, either (a) know that the matter being represented and warranted is true and accurate or (iib) have no reason, after reasonable inquiry, reason to believe that the matter being represented and warranted is not true and accurate.

Appears in 1 contract

Samples: Merger Agreement (Midland Resources Inc /Tx/)

References and Titles. All references in this Agreement to Exhibits, Schedules, Articles, Sections, subsections and other subdivisions refer to the corresponding Exhibits, 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 or 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 "this agreementAgreement," "” “herein," "” “hereby," "” “hereunder" and "hereof," and words of similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words "this articleArticle," "” “this section" Section” and "this subsection," and words of similar import, refer only to the Article, Section or Subsection subsection hereof in which such words occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation." . 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. As used in the representations and warranties contained in this Agreement, the phrase "to the knowledge" of the representing party Party shall mean that such individual party(ies) or the Responsible Officers of such representing corporate partyParty, individually or collectively, either (ia) know that the matter being represented and warranted is true and accurate or (iib) have no reason, after reasonable inquiry, reason to believe that the matter being represented and warranted is not true and accurate.

Appears in 1 contract

Samples: Merger Agreement (Patina Oil & Gas Corp)

References and Titles. All references in this Agreement to Exhibits, Schedules, Articles, Sections, subsections and other subdivisions refer to the corresponding Exhibits, 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 or 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 "this agreementAgreement," "” “herein," "” “hereby," "” “hereunder" and "hereof," and words of similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words "this articleArticle," "” “this section" Section” and "this subsection," and words of similar import, refer only to the Article, Section or Subsection subsection hereof in which such words occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation." . 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. As used in the representations and warranties contained in this Agreement, the phrase "to the knowledge" of the representing party Party shall mean that such individual party(ies) or the Responsible Officers of such representing corporate partyParty, individually or collectively, either (ia) know that the matter being represented and warranted is true and accurate or (iib) have no reason, after reasonable inquiry, to believe that the matter being represented and warranted is not true and accurate.

Appears in 1 contract

Samples: Merger Agreement (Clayton Williams Energy Inc /De)

References and Titles. All references in this Agreement to Exhibits, Schedules, Articles, Sections, subsections and other subdivisions refer to the corresponding Exhibits, 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 or 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 "this agreementAgreement," "herein," "hereby," "hereunder" and "hereof," and words of similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words "this articleArticle," "this sectionSection" and "this subsection," and words of similar import, refer only to the Article, Section or Subsection subsection hereof in which such words occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation." . 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. As used in the representations and warranties contained in this Agreement, the phrase "to the knowledge" of the representing party shall mean that such individual party(ies) or the Responsible Officers responsible officers of such representing corporate party, individually or collectively, either (ia) know that the matter being represented and warranted is true and accurate or (iib) have no reason, after reasonable inquiry, to believe that the matter being represented and warranted is not true and accurate.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Nesco Inc/Ok)

References and Titles. All references in this Agreement to --------------------- Exhibits, Schedules, Articles, Sections, subsections subsections, and other subdivisions refer to the corresponding Exhibits, Schedules, Articles, Sections, subsections subsections, and other subdivisions of or to this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsections subsections, or other subdivisions of this Agreement are for convenience only, do not constitute any part of this Agreementsuch Articles, Sections, subsections or other subdivisions, and shall be disregarded in construing the language hereofcontained therein. The words "this agreementAgreement," "herein," "hereby," "hereunder," and "hereof," and words of -------------- ------ ------ --------- ------ similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words "this articleSection," "this section" and "this ------------ ---- subsection," and words of similar import, refer only to the Article, Section Sections or Subsection ---------- subsections hereof in which such words occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation." Pronouns in masculine, feminine ---------------------------- feminine, or neuter genders shall be construed to state and include any other gender, gender and words, terms 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 expressly requires. As used in Unless the representations context otherwise requires, all defined terms contained herein shall include the singular and warranties contained plural forms of such defined terms. All references in this Agreement, Agreement to "the phrase Company and its Subsidiaries" or to "to the knowledgeCompany and its Material Subsidiaries" of means the representing party shall mean that such individual party(ies) Company and its Subsidiaries or the Responsible Officers of such representing corporate partyCompany and its Material Subsidiaries, individually or collectivelyas the case may be, either (i) know that the matter being represented and warranted is true and accurate or (ii) have no reason, after reasonable inquiry, to believe that the matter being represented and warranted is not true and accuratetaken as a whole.

Appears in 1 contract

Samples: Purchase Agreement (Newpark Resources Inc)

References and Titles. All references in this Agreement to Exhibits, Schedules, Articles, Sections, subsections and other subdivisions refer to the corresponding Exhibits, 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 or 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 "this agreementAgreement," "” “herein," "” “hereby," "” “hereunder" and "hereof," and words of similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words "this articleArticle," "” “this section" Section” and "this subsection," and words of similar import, refer only to the Article, Section or Subsection subsection hereof in which such words occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation." . 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. As used in the representations and warranties contained in this Agreement, the phrase "to the knowledge" of the representing party Party shall mean that such individual party(ies) or the Responsible Officers responsible officers of such representing corporate partyParty, individually or collectively, either (ia) know that the matter being represented and warranted is true and accurate or (iib) have no reason, after reasonable inquiry, to believe that the matter being represented and warranted is not true and accurate.

Appears in 1 contract

Samples: Merger Agreement (Orion Ethanol, Inc)

References and Titles. References and Titles. All references in this Agreement to Exhibits, Schedules, Articles, Sections, subsections and other subdivisions refer to the corresponding Exhibits, 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 or 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 "this agreementAgreement," "” “herein," "” “hereby," "” “hereunder" and "hereof," and words of similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words "this articleArticle," "” “this section" Section” and "this subsectionSubsection," and words of similar import, refer only to the Article, Section or Subsection subsection hereof in which such words occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation." . 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. As used in the representations and warranties contained in this Agreement, the phrase "to the knowledge" of the representing party shall mean that such individual party(ies) or the Responsible Officers of such representing corporate party, individually or collectively, either (i) know that the matter being represented and warranted is true and accurate or (ii) have no reason, after reasonable inquiry, to believe that the matter being represented and warranted is not true and accurate.

Appears in 1 contract

Samples: Merger Agreement (Double Eagle Petroleum Co)

References and Titles. (a) All references in this Agreement to Exhibits, Schedules, Articles, Sections, subsections and other subdivisions refer to the corresponding Exhibits, Schedules, Articles, Sections, subsections and other subdivisions of or to this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any ArticlesArticle, SectionsSection, subsections subsection or other subdivisions subdivision 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 "this agreementAgreement," "herein," "hereby," "hereunder," and "hereof," and words of similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words "this articleArticle," "this sectionSection," and "this subsection," and words of similar import, refer only to the Article, Section or Subsection subsection hereof in which such words occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation." (b) Pronouns in masculine, feminine or neuter genders shall be construed to state and include any other gender, and words. (c) 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. . (d) As used in the representations and warranties contained in this Agreement, the phrase "to the knowledge" of the representing party shall mean that such individual party(ies) that, in the case of AMG, TULSAT, Merger Sub or the Responsible Officers Diamond, responsible officers of such representing corporate partycorporation, individually or collectively, and, in the case of Shareholders, either of them, either (ia) know that the matter being represented and warranted is true and accurate or (iib) have no reason, after reasonable inquiry, to believe that the matter being represented and warranted is not true and accurate.

Appears in 1 contract

Samples: Merger Agreement (Addvantage Media Group Inc /Ok)

References and Titles. All references in this Agreement to Exhibits, Schedules, Articles, Sections, subsections and other subdivisions refer to the corresponding Exhibits, 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 or 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 "this agreementAgreement," "” “herein," "” “hereby," "” “hereunder" and "hereof," and words of similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words "this articleArticle," "” “this section" Section” and "this subsection," and words of similar import, refer only to the Article, Section or Subsection subsection hereof in which such words occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation." . 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. As used in the representations and warranties contained in this Agreement, the phrase "to the knowledge" of the representing party Party shall mean that such individual party(ies) or the Responsible Officers of such representing corporate partyParty, individually or collectively, either (ia) know that the matter being represented and warranted is true and accurate or (iib) have no reason, after reasonable inquiryinquiry (including, without limitation, review of their files and inquiry of pertinent management personnel), to believe that the matter being represented and warranted is not true and accurate.

Appears in 1 contract

Samples: Merger Agreement (Magnum Hunter Resources Inc)

References and Titles. All references in this Agreement to Exhibits, Schedules, Articles, Sections, subsections and other subdivisions refer to the corresponding Exhibits, 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 or 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 "this agreementAgreement," "” “herein," "” “hereby," "” “hereunder" and "hereof," and words of similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words "this articleArticle," "” “this section" Section” and "this subsection," and words of similar import, refer only to the Article, Section or Subsection subsection hereof in which such words occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation." . 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. As used in the representations and warranties contained in this Agreement, the phrase "to the knowledge" of the representing party shall mean that such individual party(ies) or the Responsible Officers of such representing corporate party, individually or collectively, either (ia) know that the matter being represented and warranted is true and accurate or (iib) have no reason, after reasonable inquiry, to believe that the matter being represented and warranted is not true and accurate.

Appears in 1 contract

Samples: Stock Purchase Agreement (Petrohawk Energy Corp)

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References and Titles. All references in this Agreement to Exhibits, Schedules, Articles, Sections, subsections and other subdivisions refer to the corresponding Exhibits, 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 or 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 "this agreementAgreement," "herein," "hereby," "hereunder" and "hereof," and words of similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words "this articleArticle," "this sectionSection" and "this subsection," and words of similar import, refer only to the Article, Section or Subsection subsection hereof in which such words occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation." . 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. As used in the representations and warranties contained in this Agreement, the phrase phrases "knowledge", "to the knowledge" of ", and similar expressions, when used with respect to the representing party Party, shall mean that such individual party(ies) or the Responsible Officers of such representing corporate partyParty, individually or collectively, either (ia) know have actual knowledge that the matter being represented and warranted is true and accurate or (iib) have no reason, after reasonable inquiry, reason to believe that the matter being represented and warranted is not true and accurate.

Appears in 1 contract

Samples: Stock Purchase and Sale Agreement (Dune Energy Inc)

References and Titles. All references in this Agreement to Exhibits, Schedules, Articles, Sections, subsections and other subdivisions refer to the corresponding Exhibits, 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 or 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 "this agreementAgreement," "herein," "hereby," "hereunder" and "hereof," and words of similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words "this articleArticle," "this sectionSection" and "this subsection," and words of similar import, refer only to the Article, Section or Subsection subsection hereof in which such words occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation." . 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. As used in the representations and warranties contained in this Agreement, the phrase "to the knowledge" of the representing party Party shall mean that such individual party(ies) or the Responsible Officers of such representing corporate partyParty, individually or collectively, either (ia) know that the matter being represented and warranted is true and accurate or (iib) have no reason, reason to believe after reasonable inquiry, to believe due diligence and investigation that the matter being represented and warranted is not true and accurate.. THE MERGER

Appears in 1 contract

Samples: Merger Agreement (Penn Virginia Corp)

References and Titles. All references in this Agreement to Exhibits, Schedules, Articles, Sections, subsections and other subdivisions refer to the corresponding Exhibits, 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 or 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 "this agreementAgreement," "herein," "hereby," "hereunder" and "hereof," and words of similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words "this articleArticle," "this sectionSection" and "this subsection," and words of similar import, refer only to the Article, Section or Subsection subsection hereof in which such words occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation." . 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. As used in the representations and warranties contained in this Agreement, the phrase "to the knowledge" of the representing party shall mean that such individual party(ies) or the Responsible Officers of such representing corporate party, individually or collectively, either (ia) know that the matter being represented and warranted is true and accurate or (iib) have no reason, after reasonable inquiry, to believe that the matter being represented and warranted is not true and accurate.

Appears in 1 contract

Samples: Stock Purchase Agreement (3tec Energy Corp)

References and Titles. All references in this Agreement to Exhibitsexhibits, Schedulesschedules, Articlesarticles, Sectionssections, subsections and other subdivisions refer to the corresponding Exhibitsexhibits, Schedulesschedules, Articlesarticles, Sectionssections, subsections and other subdivisions of or to this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsections or other subdivisions of this Agreement are for convenience only, do not constitute any part of this Agreement, those subdivisions and shall will be disregarded in construing the language hereofcontained in those subdivisions. The words "this agreementAgreement," "this instrument," "herein," "hereof," "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 words "this article," phrases "this section" and "this subsection," and words of similar import, phrases refer only to the Article, Section sections or Subsection hereof subsections of this Agreement in which such words 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 or and neuter genders shall be construed to state and include any other gender, and words, terms and titles (including terms defined herein) words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires. As used The word "will" shall be construed to have the same meaning and effect as the word "shall." Unless the context requires otherwise (a) any reference herein to any law shall be construed as referring to such law as amended, 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 representations and warranties restrictions contained in this Agreementherein), (c) with respect to the determination of any time period, the phrase word "from" means "from and including" and the word "to" means "to the knowledgeand including." No provision of the representing party this Agreement shall mean that be interpreted or construed against any Person solely because such individual party(ies) Person or the Responsible Officers of its legal representative drafted such representing corporate party, individually or collectively, either (i) know that the matter being represented and warranted is true and accurate or (ii) have no reason, after reasonable inquiry, to believe that the matter being represented and warranted is not true and accurateprovision.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Westside Energy Corp)

References and Titles. (a) All references in this Agreement to Exhibits, Schedules, Articles, Sections, subsections and other subdivisions refer to the corresponding Exhibits, Schedules, Articles, Sections, subsections and other subdivisions of or to this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any ArticlesArticle, SectionsSection, subsections subsection or other subdivisions subdivision 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 "this agreementAgreement," "herein," "hereby," "hereunder," and "hereof," and words of similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words "this articleArticle," "this sectionSection," and "this subsection," and words of similar import, refer only to the Article, Section or Subsection subsection hereof in which such words occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation." (b) Pronouns in masculine, feminine or neuter genders shall be construed to state and include any other gender, and words. (c) 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. . (d) As used in the representations and warranties contained in this Agreement, the phrase "to the knowledge" of the representing party shall mean that such individual party(ies) or that, in the Responsible Officers case of such representing corporate partyAMG, responsible officers of AMG, individually or collectively, and, in the case of the Shareholders, either of them, either (ia) know that the matter being represented and warranted is true and accurate or (iib) have no reason, after reasonable inquiry, to believe that the matter being represented and warranted is not true and accurate.

Appears in 1 contract

Samples: Securities Exchange Agreement (Addvantage Media Group Inc /Ok)

References and Titles. All references in this Agreement to Exhibits, Schedules, Articles, Sections, subsections and other subdivisions refer to the corresponding Exhibits, 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 or 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 "this agreementAgreement," "” “herein," "” “hereby," "” “hereunder" and "hereof," and words of similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words "this articleArticle," "” “this section" Section” and "this subsection," and words of similar import, refer only to the Article, Section or Subsection subsection hereof in which such words occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation." . 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. As used in the representations and warranties contained in this Agreement, the phrase "to the knowledge" of the representing party Party or similar variations thereof shall mean that such individual party(ies) or the Responsible Officers of such representing corporate partyPerson, individually or collectively, either (ia) know have knowledge that the matter being represented and warranted is true and accurate or (iib) would reasonably be expected to have no reason, after reasonable inquiry, to believe that knowledge of the matter being represented and warranted is not true and accurate.based on similarly situated Persons within similar companies operating under similar circumstances. Table of Contents

Appears in 1 contract

Samples: Stock Purchase Agreement (Eagle Rock Energy Partners L P)

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