Rules of Construction Definitions. Certain rules of construction governing the interpretation of this Note are as set forth in Appendix A to the Pooling Agreement (as defined in the Agreement) and, except as otherwise specifically provided herein, capitalized terms used but not defined herein have the meanings ascribed to them in such Appendix A. In addition, as used herein, the following terms have the following meanings:
Rules of Construction Definitions. For all purposes of this Indenture, except as otherwise provided or unless the context otherwise requires:
(a) the terms defined in this Article have the meanings assigned to them in this Article and include the plural as well as the singular;
(b) all accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles in the United States, and, except as otherwise herein expressly provided, the term “generally accepted accounting principles” with respect to any computation required or permitted hereunder shall mean such accounting principles as are generally accepted in the United States at the date of such computation or, at the election of the Company from time to time, at the date of the execution and delivery of this Indenture; provided, however, that in determining generally accepted accounting principles applicable to the Company, the Company shall, to the extent required, conform to any order, rule or regulation of any administrative agency, regulatory authority or other governmental body having jurisdiction over the Company;
(c) the words “herein,” “hereof” and “hereunder” and other words of similar import refer to this Indenture as a whole and not to any particular ARTICLE, Section or other subdivision;
(d) unless the context otherwise requires, any reference to an “Article,” a “Section or an “Exhibit” refers to an ARTICLE, a Section or an Exhibit, as the case may be, of this Indenture; and
(e) unless the context requires otherwise, all references to payments of Special Interest on the Notes refer solely to the Special Interest, if any, payable in accordance with the terms of Section 7.01(b) or Section 7 of the Registration Rights Agreement, as applicable.
Rules of Construction Definitions. Unless otherwise specified herein, all accounting terms used herein shall be interpreted, all accounting determinations hereunder shall be made, and all financial statements required to be delivered hereunder shall be prepared, in accordance with generally accepted accounting principles and practices consistently applied. All references herein to the singular or plural shall also mean the plural or singular, respectively. Words importing any gender include the other genders. References to statutes are to be construed as including all statutory provisions consolidating, amending or replacing the statute referred to. References to "writing" include printing, typing, lithography and other means of reproducing words in a tangible, visible form. The words "including," "includes" and "include" are deemed to be followed by the words "without limitation." References to articles, sections (or subdivisions of sections), recitals, exhibits, annexes and schedules are to those of this Agreement unless otherwise specified. References to agreements and other contractual instruments are deemed to include all amendments and other modifications to such instruments, but only to the extent such amendments and other modifications are not prohibited by the terms of this Agreement. References to persons and entities include their respective permitted successors and assigns. All terms used herein that are defined in the California Uniform Commercial Code shall have the meanings ascribed thereto therein unless otherwise defined in this Agreement. As used herein, the following terms shall have the following meanings:
Rules of Construction Definitions. The rules of construction set forth in the Merger Agreement shall be applied to this Amendment. Capitalized terms not otherwise defined herein shall have the meanings assigned to such terms in the Merger Agreement.
Rules of Construction Definitions. Certain rules of construction governing the interpretation of this Note are set forth in Annex I to the RPSA and, except as otherwise specifically provided herein, capitalized terms used but not defined herein have the meanings ascribed thereto in Annex I to the RPSA. In addition, as used herein, the following terms have the following meanings:
Rules of Construction Definitions. (a) The rules of construction set forth in Section 1.03 of the Credit Agreement will apply equally to this Agreement.
(b) Capitalized terms used and not otherwise defined herein are used with the meanings assigned to such terms in the Credit Agreement. As used in this Agreement, the following terms shall have the meanings assigned to them below:
Rules of Construction Definitions. Capitalized terms used herein and not otherwise herein defined are used as defined, as the context requires, in the Second Amended and Restated Limited Partnership Agreement of the Partnership dated as of February 20, 2008, as amended by Amendment No. 1 thereto (as so amended, the “Partnership Agreement”) or the Uniform Commercial Code, as enacted in Delaware and as the same may from time to time be in effect (the “Uniform Commercial Code”). When used in this Pledge Agreement, references in the singular shall be deemed to include references in the plural and vice versa, the use of the male, female or neuter pronoun shall be deemed to include a reference to each other gender, as appropriate, and the use of the word “including” shall be deemed in all instances to mean “including, without limitation.”
Rules of Construction Definitions. Unless the context otherwise requires:
(a) an accounting term not otherwise defined in this Indenture, the Memorandum or Appendix I to this Indenture has the meaning assigned to it in accordance with GAAP as of the date of this Indenture; and
(b) words in the singular include the plural, and words in the plural include the singular. Capitalized terms used in this Indenture, unless otherwise expressly defined in the Memorandum or this Indenture, shall have the meanings set forth in Appendix 1 to this Indenture, which is incorporated by reference in this Indenture.
Rules of Construction Definitions. In this Security Agreement, words in the singular number include the plural, and in the plural include the singular, words of the masculine gender include the feminine and the neuter, and when the sense so indicates words of the neuter gender may refer to any gender and the word "or" is disjunctive but not exclusive. The captions and section numbers appearing in this Security Agreement are inserted only as a matter of convenience. They do not define, limit or describe the scope or intent of the provisions of this Security Agreement.
Rules of Construction Definitions. This Lease supersedes all other agreements concerning the Land, whether oral or in writing, between the Tenant and the Landlord. All exhibits and schedules to this Lease are incorporated herein. The use of the singular of terms which are defined herein (in the plural or the singular) shall mean and refer to any one of them, or a particular one of them, as the context permits or requires; the use of the plural of terms which are defined herein (in the singular or the plural) shall mean and refer to all or any combination of them, as the context permits or requires; and pronouns used herein shall be deemed to include the singular and the plural and all genders. Use of the connective “or” is not intended to be exclusive unless used with the word “either”; the term “may not” is intended to be prohibitive and not permissive; use of “includes” and “including” is intended to be interpreted as expansive and amplifying and not as limiting in any way. Terms defined elsewhere in this Lease shall have the respective meanings ascribed to them where so defined. A Glossary of Defined Terms may be found directly after the signature page of this Lease.
