Rules of Interpretation and Construction. In this Agreement unless the context otherwise requires:
(a) All terms used herein which are defined in the UCC (as presently in effect in the State of New York) shall have the meanings given therein unless otherwise defined in this Agreement;
(b) Sections mentioned by number only are the respective Sections of this Agreement as so numbered;
(c) Words importing a particular gender shall mean and include the other gender and words importing the singular number mean and include the plural number and vice versa;
(d) Words importing persons shall mean and include firms, associations, partnerships (including limited partnerships), societies, trusts, corporations or other legal entities, including public or governmental bodies, as well as natural persons;
(e) Each reference in this Agreement to a particular person shall be deemed to include a reference to such person's successors and permitted assigns;
(f) Any headings preceding the texts of any Section of this Agreement, and any table of contents or marginal notes appended to copies hereof are intended, solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect;
(g) If any clause, provision or section of this Agreement shall be ruled invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any of the remaining provisions thereof;
(h) The terms "herein", "hereunder", "hereby", "hereto", and any similar terms as used in this Agreement refer to this Agreement; the term "heretofore: means before the date of execution of this Agreement; and the term "hereafter" shall mean after the date of execution of this Agreement;
Rules of Interpretation and Construction. In this Loan Agreement unless the context otherwise clearly requires:
(i) Articles and Sections mentioned by number only are the respective Articles and Sections of this Loan Agreement as so numbered;
(ii) Words importing a particular gender mean and include every other gender, and words importing the singular number mean and include the plural number and vice versa;
(iii) Words importing persons mean and include firms, associations, partnerships (including limited partnerships), societies, trusts, corporations or other legal entities, including public or governmental bodies, as well as natural persons;
(iv) Any headings preceding the texts of the several Articles and Sections of this Loan Agreement, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not affect or control the meaning, construction or interpretation of this Loan Agreement;
(v) If any clause, provision or section of this Loan Agreement shall be ruled invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any of the remaining provisions thereof, unless not invalidating or rendering unenforceable the remaining provisions shall be inequitable;
Rules of Interpretation and Construction. In this Agreement, except to the extent expressly provided otherwise:
(a) The definitions of the terms herein shall apply equally to the singular and plural forms of the terms defined. Neutral pronouns and any variations thereof shall be deemed to include the feminine and masculine and all terms used in the singular shall be deemed to include the plural, and vice versa, as the context may require. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. The word “will” shall be construed to have the same meaning and effect as the word “shall”. The word “any” shall mean “any and all” unless otherwise clearly indicated by context. “$” as used in this Agreement means the lawful currency of the United States of America. Where either Party’s consent is required hereunder, except as otherwise specified herein, such Party’s consent may be granted or withheld in such Party’s sole discretion. Derivative forms of any capitalized term defined herein shall have meanings correlative to the meaning specified herein.
(b) Unless the context requires otherwise: (i) any definition of or reference to any agreement, instrument or other document herein shall be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein or therein), (ii) any reference to any laws herein shall be construed as referring to such laws as from time to time enacted, repealed or amended, (iii) any reference herein to any Person shall be construed to include the Person’s successors and permitted assigns, (iv) the words “herein”, “hereof” and “hereunder”, and words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof, and (v) all references herein to Articles, Sections, Appendices or Exhibits, unless otherwise specifically provided, shall be construed to refer to Articles, Sections, Appendices or Exhibits of this Agreement. In witness whereof, this Agreement is signed as of the Effective Date as indicated below by duly authorized representatives of Endo, TPU, Teikoku Seiyaku, and Xxxxxx, respectively. ENDO PHARMACEUTICALS INC. By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: President and Chief Executive Officer TEIKOKU PHARMA USA, INC. By: /s/ Xxxxxxxx Xxxxxxxx Name: Xxxxxxxx Xxxxxxxx Title: President...
Rules of Interpretation and Construction. Except as otherwise expressly provided in this Agreement, the rules of interpretation and construction set forth below shall apply to this Agreement:
(a) All capitalized terms used in this Agreement that are not otherwise defined have the respective meanings set forth or referred to in Section 1.1. Defined terms in this Agreement include in the singular number the plural and in the plural number the singular. Whenever the context may require, any pronoun includes the corresponding masculine, feminine and neuter forms.
(b) Any reference in this Agreement to “Section,” “Article,” or “Annex” is a reference to this Agreement. Unless the context requires otherwise, any reference in this Agreement to any document or instrument is a reference to that document or instrument and all schedules, exhibits, and attachments thereto as amended and in effect from time to time. Unless otherwise stated, any reference in this Agreement to any person includes its permitted successors and assigns and, in the case of any governmental authority, any person succeeding to its functions and capacities. The words “hereof,” “herein,” “hereto” and “hereunder” and words of similar import when used in this Agreement, unless otherwise expressly specified, refer to this Agreement as a whole and not to any particular provision of this Agreement. Whenever the term “including” is used in connection with a listing of items included within a prior reference, such listing is to be interpreted as illustrative only, and is not to be interpreted as a limitation on or an exclusive listing of the items included within the prior reference. In the event that any index or publication referenced in this Agreement ceases to be published, each such reference is deemed to be a reference to a successor or alternate index or publication reasonably agreed to by the Parties. [***] Confidential information has been omitted and filed separately with the Securities and Exchange Commission pursuant to a confidential treatment request.
(c) In the event of a conflict between the text of this Agreement and any annex or exhibit, the terms of this Agreement shall prevail.
Rules of Interpretation and Construction. 2.1. Plural; Gender . . . . . . . . . . . . . . 8.2.2.
Rules of Interpretation and Construction. In this document:
(a) singular words include the plural and vice versa;
(b) a word of any gender includes the corresponding words of any other gender;
(c) if a word or phrase is defined, other grammatical forms of that word have a corresponding meaning;
(d) general words must not be given a restrictive meaning by reason of the fact that they are followed by particular examples intended to be embraced by the general words;
(e) nothing is to be construed adversely to a party just because that party put forward this document or a part of this document; and
(f) the headings do not affect interpretation.
Rules of Interpretation and Construction. In this deed poll:
(a) singular words include the plural and vice versa;
(b) a word of any gender includes the corresponding words of any other gender;
(c) if a word or phrase is defined, other grammatical forms of that word have a corresponding meaning;
(d) general words must not be given a restrictive meaning by reason of the fact that they are followed by particular examples intended to be embraced by the general words;
(e) nothing is to be construed adversely to a party just because that party put forward this deed or a part of this deed; and
(f) the headings do not affect interpretation.
Rules of Interpretation and Construction. For all purposes of this Agreement, except as otherwise expressly provided:
Rules of Interpretation and Construction. In this Agreement, unless the context otherwise requires:
(a) Articles and Sections mentioned by number only are the respective Articles and Sections of this Agreement as so numbered;
(b) Words importing a particular gender shall mean and include the other gender and words importing the singular number mean and include the plural number and vice versa;
(c) Unless otherwise defined herein, all words and terms set forth and defined in the other Loan Documents shall have the same meaning as set forth in the Loan Documents, as if fully set forth in this Agreement;
(d) Each reference in this Agreement to a particular Person shall be deemed to include a reference to such Person’s successors and permitted assigns.
(e) Any headings preceding the texts of the several Articles and Sections of this Agreement, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect.
(f) The terms “herein”, “hereunder”, “hereby”, “hereto”, and any words of similar import when used in any Loan Document shall refer to such Loan Document as a whole and not to any particular provision thereof; terms as used in this Agreement refer to this Agreement; the term “heretofore” shall mean before the date of execution of this Agreement; and the term “hereafter” shall mean after the date of execution of this Agreement;
Rules of Interpretation and Construction. For purposes of this Agreement, (a) the words “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereby,” “hereto” and “hereunder” refer to this Agreement as a whole. Unless the context otherwise requires, references herein: (i) to sections, schedules and exhibits mean the sections of, and schedules and exhibits attached to, this Agreement; (ii) to an agreement, instrument or other document means such agreement, instrument or other document as amended, supplemented and modified from time to time to the extent permitted by the provisions thereof; and (iii) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the Party drafting an instrument or causing any instrument to be drafted.
