Rules of Interpretation and Definitions. As of, and with effect from, the date hereof (the “MLP Closing Date”), the Guarantee Commitment is amended as follows:
(a) the expressions “the Guarantee Commitment”, “this Guarantee Commitment”, “hereof” and “hereunder” shall be construed, wherever they appear in the Guarantee Commitment and wherever the context so permits, to mean the Guarantee Commitment as amended by this Amendment;
(i) the expressions “EW Holding” and “K-Sea” shall be construed, wherever either appears in the Guarantee Commitment, to mean collectively K-Sea LP and K-Sea OLP, jointly and severally as joint and several successors in interest to K-Sea LLC and EW Holding provided, however, where the context refers either to K-Sea LLC or EW Holding solely in its capacity as a shipowner, such reference shall be deemed to mean and refer to K-Sea OLP alone; and
(ii) the expressions “the Shipowners” or “any Shipowner” shall be construed, wherever it appears in the Guarantee Commitment, to mean K-Sea OLP, as Shipowner and as successor in interest to K-Sea LLC and EW Holding in such capacity.
(b) With effect from the date hereof, all references to the Guarantee Commitment contained in any documents delivered under or pursuant to the Guarantee Commitment shall be construed as references to the Guarantee Commitment as amended by the terms of this Amendment and as it may be further amended, modified or supplemented from time to time.
Rules of Interpretation and Definitions. For all purposes of this Agreement, except as otherwise expressly provided in this Agreement 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, and nouns and pronouns of one gender include the other genders;
Rules of Interpretation and Definitions. For all purposes of this Supplement, unless otherwise expressly provided or unless the context otherwise requires, all references herein to Articles, Sections or other subdivisions, unless otherwise specified, refer to the corresponding Articles, Sections and other subdivisions of the Indenture. Unless otherwise expressly provided herein, all capitalized terms used herein shall have the meaning specified thereto in the attached Schedule A.
Rules of Interpretation and Definitions. 1 Section 1.2.
Rules of Interpretation and Definitions. For all purposes of this Indenture and of any supplemental indenture hereto, except as otherwise expressly provided or unless the context otherwise requires:
(1) the terms defined in this Article have the meanings assigned to them in this Article and include the plural as well as the singular;
(2) all accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAP;
(3) 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;
(4) the word “or” is not exclusive;
(5) the word “including” means including without limitation;
(6) all references to the date the Notes were originally issued shall refer to the Issue Date;
(7) all references, in any context, to any interest or other amount payable on or with respect to the Notes shall be deemed to include any Additional Interest (as herein defined) pursuant to the Registration Rights Agreement; and
(8) words in the singular include the plural and words in the plural include the singular. This Indenture is subject to the mandatory provisions of the Trust Indenture Act (as herein defined), which are incorporated by reference in and made a part of this Indenture. All other terms used herein which are defined in the Trust Indenture Act (as defined herein), either directly or by reference therein, have the meanings assigned to them therein.
Rules of Interpretation and Definitions. (a) For all purposes of this Supplement and the Indenture as supplemented hereby, unless otherwise expressly provided or unless the context otherwise requires, the terms used herein and defined in Schedule A to this Supplement or by reference therein to other instruments shall have the respective meanings stated in said Schedule A or such other instruments.
(b) All references to the Indenture contained in any documents delivered under or pursuant to the Indenture, including without limitation Schedule A to the Indenture, shall be construed as references to the Indenture as supplemented and amended by the terms of this Supplement, as it may be further amended, modified or supplemented from time to time.
(c) All references in the General Provisions to the Indenture to "Shipowner", "Shipowner's", "EW Holding" or "K-Sea" shall be deemed to mean K-Sea LP and K-Sea OLP, jointly and severally, as joint and several successors in interest by assumption, merger and operation of law to EW Holding, Transition4, LP#4, K-Sea LLC, LP#1, and LP#2, provided, however, where the context refers to the Shipowner solely in its capacity as shipowner of any Vessel, such reference shall be deemed to mean and refer to K-Sea OLP alone.
Rules of Interpretation and Definitions. 1 SECTION 1.2.
Rules of Interpretation and Definitions. The rules of interpretation set out in Part A of Appendix 1 apply to this Agreement. Terms and expressions defined in Part B of Appendix 1 have those meanings when used in this Agreement. Schedules and Appendix
Rules of Interpretation and Definitions. (a) For all purposes of this Security Agreement, unless otherwise expressly provided or unless the context otherwise requires, the terms used herein and defined in Schedule X to this Security Agreement or by reference therein to other instruments shall have the respective meanings stated in said Schedule X or such other instruments.
(b) All references to the Security Agreement contained in any documents delivered under or pursuant to the Original Security Agreement, including without limitation Schedule X to the Original Security Agreement, shall be construed as references to the Original Security Agreement as amended and restated by the terms of this Security Agreement, as it may be further amended from time to time.
(c) All references in the General Provisions to “Shipowner” and “Shipowner’s” shall be deemed to mean K-Sea LP and K-Sea OLP, provided, however, where the context refers to the Shipowner solely in its capacity as shipowner of any Vessel, such reference shall be deemed to mean and refer to K-Sea OLP alone.
Rules of Interpretation and Definitions. For all purposes of this Security Agreement, unless otherwise expressly provided or unless the context otherwise requires, the terms defined in Schedule X to this Security Agreement or by reference therein to other instruments shall have the respective meanings stated in said Schedule X or such other instruments. All references in the General Provisions to "Shipowner" and "Shipowner's" in the singular shall be deemed to mean "Shipowners" and "Shipowners'", respectively, in the plural for both K-Sea and EW Holding, except to the extent such usage relates to either Mortgage or any Vessel individually, then "Shipowner" or "Shipowner's" shall be deemed to mean, respectively, EW Holding if in relation to the Ship Mortgage or EW Vessel and K-Sea if in relation to the Fleet Mortgage, or any K-Sea Vessel.
