Common use of Rules of Interpretation Clause in Contracts

Rules of Interpretation. Unless otherwise required by the context in which any term appears, (a) the singular includes the plural and vice versa; (b) references to “Articles,” “Sections,” “Schedules,” “Annexes,” or “Exhibits” are to articles, sections, schedules, annexes, or exhibits hereof; (c) all references to a particular entity or market price index include a reference to such entity’s or index’s successors and (if applicable) permitted assigns; (d) the words “herein,” “hereof” and “hereunder” refer to this Agreement as a whole and not to any particular Article, Section or subsection hereof; (e) all accounting terms not specifically defined herein will be construed in accordance with generally accepted accounting principles in the United States of America, consistently applied; (f) references to this Agreement include a reference to all appendices, annexes, schedules and exhibits hereto, as the same may be amended, modified, supplemented or replaced from time to time; (g) the masculine includes the feminine and neuter and vice versa; (h) “including” is construed in its broadest sense to mean “including without limitation” or “including, but not limited to”; (i) references to agreements and other legal instruments include all subsequent amendments thereto, and changes to, and restatements or replacements of, such agreements or instruments that are duly entered into and effective against the parties thereto or their permitted successors and assigns; (j) a reference to a statute or to a regulation issued by a Governmental Authority includes the statute or regulation in force as of the Effective Date or Trade Date, as applicable, or Delivery Date with respect to a Product that is Regulatorily Continuing, together with all amendments and supplements thereto and any statute or regulation substituted for such statute or regulations; and (k) the word “or” is not necessarily exclusive.

Rules of Interpretation. Unless otherwise required by the context in which any term appears, (a) the singular includes the plural and vice versa; (b) references to “Articles,” “Sections,” “Schedules,” “Annexes,” or “Exhibits” are to articles, sections, schedules, annexes, or exhibits hereof; (c) all references to a particular entity or market price index include a reference to such entity’s or index’s successors and (if applicable) permitted assigns; (d) the words “hereto,” “herein,” “hereof” and “hereunder” refer to this Agreement as a whole and not to any particular Article, Section or subsection hereof; (e) all accounting terms not specifically defined herein will be construed in accordance with generally accepted accounting principles in the United States of America, consistently applied; (f) references to this Agreement include a reference to all appendices, annexes, schedules and exhibits hereto, as the same may be amended, modified, supplemented or replaced from time to time; (g) the masculine includes the feminine and neuter and vice versa; (h) “including” is construed in its broadest sense to mean “including without limitation” or “including, but not limited to”; (i) references to agreements and other legal instruments include all subsequent amendments thereto, and changes to, and restatements or replacements of, such agreements or instruments that are duly entered into and effective against the parties thereto or their permitted successors and assigns; (j) a reference to a statute or to a regulation issued by a Governmental Authority includes the statute or regulation in force as of the Effective Trade Date or Trade Date, as applicable, or Delivery Date with respect to a Product that is Regulatorily Continuing, together with all amendments and supplements thereto and any statute or regulation substituted for such statute or regulations; and (k) the word “or” is not necessarily exclusive.

Rules of Interpretation. Unless otherwise required by the context in which any term appears, otherwise clearly requires: (a) a term has the singular includes the plural and vice versameaning assigned to it; (b) “or” is not exclusive; (c) wherever from the context it appears appropriate, each term stated in either the singular or the plural shall include the singular and the plural, and pronouns stated in either the masculine, feminine or neuter shall include the masculine, feminine and neuter; (d) provisions apply to successive events and transactions; (e) all references in this Agreement to “include” or “including” or similar expressions shall be deemed to mean “including without limitation”; (f) all references in this Agreement to designated “Articles,” “Sections,” “Schedulesparagraphs,” “Annexes,clauses” or “Exhibits” and other subdivisions are to articlesthe designated Articles, sectionsSections, schedulesparagraphs, annexesclauses and other subdivisions of this Agreement, or exhibits hereof; (c) all references to a particular entity or market price index include a reference to such entity’s or index’s successors and (if applicable) permitted assigns; (d) the words “herein,” “hereof,” and “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section Section, paragraph, clause or subsection hereofother subdivision; and (eg) all accounting terms not specifically defined any definition of or reference to any agreement, instrument, document, statute or regulation herein will shall be construed in accordance with generally accepted accounting principles in the United States of Americaas referring to such agreement, consistently applied; (f) references instrument, document, statute or regulation as from time to this Agreement include a reference to all appendices, annexes, schedules and exhibits hereto, as the same may be time amended, modified, supplemented or replaced from time otherwise modified (subject to time; (g) any restrictions on such amendments, supplements or modifications set forth herein). This Agreement is among financially sophisticated and knowledgeable parties and is entered into by the masculine includes parties in reliance upon the feminine economic and neuter legal bargains contained herein and vice versa; (h) “including” is shall be interpreted and construed in its broadest sense a fair and impartial manner without regard to mean “including without limitation” such factors as the party who prepared, or “including, but not limited to”; (i) references to agreements and other legal instruments include all subsequent amendments thereto, and changes to, and restatements or replacements caused the preparation of, such agreements this Agreement or instruments that are duly entered into and effective against the parties thereto or their permitted successors and assigns; (j) a reference to a statute or to a regulation issued by a Governmental Authority includes the statute or regulation in force as relative bargaining power of the Effective Date or Trade Date, as applicable, or Delivery Date with respect to a Product that is Regulatorily Continuing, together with all amendments and supplements thereto and any statute or regulation substituted for such statute or regulations; and (k) the word “or” is not necessarily exclusiveparties.

Rules of Interpretation. Unless otherwise required by the context in which any term appears, (a) the singular includes the plural and vice versa; (b) references to “Articles,” “Sections,” “Schedules,” “Annexes,” or “Exhibits” are to articles, sections, schedules, annexes, or exhibits hereof; (c) all references to a particular entity or market price index include a reference to such entity’s or index’s successors and (if applicable) permitted assigns; (d) the words “herein,” “hereof” and “hereunder” refer to this Agreement as a whole and not to any particular Article, Section or subsection hereof; (e) all accounting terms not specifically defined herein will be construed in accordance with generally accepted accounting principles in the United States of America, consistently applied; (f) references to this Agreement include a reference to all appendices, annexes, schedules and exhibits hereto, as the same may be amended, modified, supplemented or replaced from time to time; (g) the masculine includes the feminine and neuter and vice versa; (h) “including” is construed in its broadest sense to mean “including without limitation” or “including, but not limited to”; (i) references to agreements and other legal instruments include all subsequent amendments thereto, and changes to, and restatements or replacements of, such agreements or instruments that are duly entered into and effective against the parties thereto or their permitted successors and assigns; (j) a reference to a statute or to a regulation issued by a Governmental Authority includes the statute or regulation in force as of the Effective Date or Trade Date, as applicable, or Delivery Date with respect to a Product that is Regulatorily Continuing, together with all amendments and supplements thereto and any statute or regulation substituted for such statute or regulations; and (k) the word “or” is not necessarily exclusive. Product.

Rules of Interpretation. Unless otherwise required by Save where the context in which any term appearscontrary is indicated, a reference to: (a) subject to paragraph (k), any document or agreement shall include such document or agreement as amended, modified or supplemented from time to time in accordance with its terms and the terms of this Agreement; (b) the singular includes the plural and vice versa; (b) references to “Articles,” “Sections,” “Schedules,” “Annexes,” or “Exhibits” are to articles, sections, schedules, annexes, or exhibits hereof; the plural includes the singular; (c) all references any law includes any amendment, modification to a particular entity or market price index include a reference to re-enactment of such entity’s or index’s successors and (if applicable) permitted assigns; law; (d) any Person includes its permitted successors and permitted assigns; (e) accounting terms not otherwise defined herein have the meanings assigned to them by GAAP applied on a consistent basis by the accounting entity to which they refer; (f) the words “"include", "includes" and "including" are not limiting; (g) terms not specifically defined herein or by GAAP, which terms are defined in the Uniform Commercial Code as in effect in the State of New York, have the meanings assigned to them therein; (h) a particular Section, subsection, clause, paragraph, Schedule or Exhibit refers to that section, subsection, clause, paragraph, Schedule or Exhibit to this Agreement, unless otherwise indicated; and (i) the words "herein,” “", "hereof” ", "hereunder" and “hereunder” words of like import shall refer to this Agreement as a whole and not to any particular Articlesection, Section subsection, clause, paragraph or subsection hereof; (e) all accounting terms not specifically defined herein will be construed in accordance with generally accepted accounting principles in the United States subdivision of America, consistently applied; (f) references to this Agreement include a reference to all appendices, annexes, schedules and exhibits hereto, as the same may be amended, modified, supplemented or replaced from time to time; (g) the masculine includes the feminine and neuter and vice versa; (h) “including” is construed in its broadest sense to mean “including without limitation” or “including, but not limited to”; (i) references to agreements and other legal instruments include all subsequent amendments thereto, and changes to, and restatements or replacements of, such agreements or instruments that are duly entered into and effective against the parties thereto or their permitted successors and assigns; (j) a reference to a statute or to a regulation issued by a Governmental Authority includes the statute or regulation in force as of the Effective Date or Trade Date, as applicable, or Delivery Date with respect to a Product that is Regulatorily Continuing, together with all amendments and supplements thereto and any statute or regulation substituted for such statute or regulations; and (k) the word “or” is not necessarily exclusive.Agreement;

Rules of Interpretation. Unless otherwise required by the context in which any term appears, (a) the singular includes the plural and vice versa; (b) references to “Articles,” “Sections,” “Schedules,” “Annexes,” or “Exhibits” are to articles, sections, schedules, annexes, or exhibits hereof; (c) all references to a particular entity or market price index include a reference to such entity’s or index’s successors and (if applicable) permitted assigns; (d) the words “herein,” “hereof” and “hereunder” refer to this Agreement as a whole and not to any particular Article, Section or subsection hereof; (e) all accounting terms not specifically defined herein will be construed in accordance with generally accepted accounting principles in the United States of America, consistently applied; (f) references to this Agreement include a reference to all appendices, annexes, schedules and exhibits hereto, as the same may be amended, modified, supplemented or replaced from time to time; (g) the masculine includes the feminine and neuter and vice versa; (h) “including” is construed in its broadest sense to mean “including without limitation” or “including, but not limited to”; (i) references to agreements and other legal instruments include all subsequent amendments thereto, and changes to, and restatements or replacements of, such agreements or instruments that are duly entered into and effective against the parties thereto or their permitted successors and assigns; (j) a reference to a statute or to a regulation issued by a Governmental Authority includes the statute or regulation in force as of the Effective Date or Trade Date, as applicable, or Delivery Date with respect to a Product that is Regulatorily Continuing, together with all amendments and supplements thereto and any statute or regulation substituted for such statute or regulations; and (k) the word “or” is not necessarily exclusive. PRODUCT AND FACILITY REQUIREMENTS Product.

Rules of Interpretation. Unless otherwise required The following rules of interpretation apply to the Agreement and are by this reference incorporated into the context in which any term appears, Agreement: (a) the singular includes the plural and vice versa; (b) references to “Articles,” “Sections,” “Schedules,” “Annexes,” or “Exhibits” are to articles, sections, schedules, annexes, or exhibits hereof; (c) all references to a particular entity or market price index include a reference to such entity’s or index’s successors and (if applicable) permitted assigns; (d) the words “herein,” “hereof” and “hereunder” refer to this Agreement as a whole and not to any particular Article, Section or subsection hereof; (e) all accounting terms not specifically defined herein will be construed in accordance with generally accepted accounting principles in the United States of America, consistently applied; (f) references to this Agreement include a reference to all appendices, annexes, schedules and exhibits hereto, as the same may be amended, modified, supplemented or replaced from time to time; (g) the masculine includes the feminine and neuter and vice versa; (h) “including” is construed in its broadest sense to mean “including without limitation” or “including, but not limited to”; (i) references to agreements and other legal instruments include all subsequent amendments thereto, and changes to, and restatements or replacements of, such agreements or instruments that are duly entered into and effective against the parties thereto or their permitted successors and assigns; (j) a reference to a statute or to a regulation issued by a Governmental Authority includes the statute or regulation in force as of the Effective Date or Trade Date, as applicable, or Delivery Date with respect to a Product that is Regulatorily Continuing, together with all amendments and supplements thereto and any statute or regulation substituted for such statute or regulations; and (k) the word “or” is not necessarily exclusive.exclusive and the words “including” or “include” are not limiting; (b) the words “hereby,” “herein,” “hereof,” “hereunder” or other words of similar meaning refer to the entire document in which it is contained; (c) a reference to any agreement or other contract includes permitted supplements, amendments and restatements; (d) a reference to a law includes any amendment or modification to such law and any rules or regulations promulgated thereunder or any law enacted in substitution or replacement therefore; (e) a reference to singular includes plural and vice-versa and each gender includes the other; (f) a reference to days, months, or years refers to calendar days, months, and years, unless Business Days are specified; (g) Article and Section headings and table of contents are only for reference and are not to be considered in interpreting this Agreement; (h) a reference to an Article, Section, Appendix, Exhibit or Schedule which does not specify a particular document is to the relevant Article, Section Appendix, Exhibit or Schedule of the document containing the reference; (i) a reference to an Article includes all Sections and subsections contained in such Article, and a reference to a Section or subsection includes all Subsections of such Section or subsection; (j) All terms not otherwise defined herein will have the meaning commonly ascribed thereto in the IT industry;

Rules of Interpretation. Unless For all purposes of this Agreement, except as otherwise required by the context in which any term appears, expressly provided: (ai) Words importing the singular includes number or plural number include the plural number and singular number respectively; (ii) Words importing the masculine gender include the feminine and neuter genders and vice versa; ; (biii) references to “Articles,” “Sections,” “Schedules,” “Annexes,” or “Exhibits” are to articles, sections, schedules, annexes, or exhibits hereof; (c) all All references to a particular entity given agreement, instrument or market price index include other document are references to that agreement, instrument or other document as modified, amended, supplemented and restated from time to time (but only if such modification, amendment, supplement or restatement is permitted pursuant hereto and pursuant to such agreement, instrument or other document); (iv) Any reference to a statute includes, and is deemed to be, a reference to such entity’s statute and to the rules, regulations, ordinances, interpretations, policies and guidance made pursuant thereto, and all amendments made to *** Certain confidential portions of this exhibit were omitted by means of redacting a portion of the text. Copies of the exhibit containing the redacted portions have been filed separately with the Securities and Exchange Commission subject to a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act. such statute and other such implementing provisions and enforced from time to time, and to any statute or index’s successors and other implementing provisions subsequently passed or adopted having the effect of supplementing or replacing such statute or such other implementing provisions; (if applicablev) permitted assigns; (d) the words Reference to “hereininclude,” “hereofincludes” and “hereunderincluding” refer to this Agreement as a whole and not to any particular Article, Section or subsection hereof; (e) all accounting terms not specifically defined herein will be construed in accordance with generally accepted accounting principles in deemed to be followed by the phrase “without limitation”; (vi) References herein to “$,” “USD” or “dollars” means lawful currency of the United States of America, consistently applied; (f) references to this Agreement include a reference to all appendices, annexes, schedules and exhibits hereto, as the same may be amended, modified, supplemented or replaced from time to time; (g) the masculine includes the feminine and neuter and vice versa; (h) “including” is construed in its broadest sense to mean “including without limitation” or “including, but not limited to”; (i) references to agreements and other legal instruments include all subsequent amendments thereto, and changes to, and restatements or replacements of, such agreements or instruments that are duly entered into and effective against the parties thereto or their permitted successors and assigns; (j) a reference to a statute or to a regulation issued by a Governmental Authority includes the statute or regulation in force as of the Effective Date or Trade Date, as applicable, or Delivery Date with respect to a Product that is Regulatorily Continuing, together with all amendments and supplements thereto and any statute or regulation substituted for such statute or regulations; and (k) the word “or” is not necessarily exclusive.;

Rules of Interpretation. Unless For all purposes of this Agreement, except as otherwise required by the context in which any term appears, expressly provided: (a) Words importing the singular includes number or plural number include the plural number and singular number respectively; (b) Words importing the masculine gender include the feminine and neuter genders and vice versa; (b) references to “Articles,” “Sections,” “Schedules,” “Annexes,” or “Exhibits” are to articles, sections, schedules, annexes, or exhibits hereof; ; (c) all All references to a particular entity given agreement, instrument or market price index include other document are references to that agreement, instrument or other document as modified, amended, supplemented and restated from time to time (but only if such modification, amendment, supplement or restatement is permitted pursuant hereto and pursuant to such agreement, instrument or other document); (d) Any reference to a statute includes, and is deemed to be, a reference to such entity’s statute and to the rules, regulations, ordinances, interpretations, policies and guidance made pursuant thereto, and all amendments made to such statute and other such implementing provisions and enforced from time to time, and to any statute or index’s successors and other implementing provisions subsequently passed or adopted having the effect of supplementing or replacing such statute or such other implementing provisions; (if applicablee) permitted assigns; (d) the words Reference to “hereininclude,” “hereofincludes” and “hereunderincluding” refer to this Agreement as a whole and not to any particular Article, Section or subsection hereof; (e) all accounting terms not specifically defined herein will be construed in accordance with generally accepted accounting principles in deemed to be followed by the phrase “without limitation”; (f) References herein to “$,” “USD” or “dollars” means lawful currency of the United States of America, consistently applied; (f) references to *** Certain confidential portions of this Agreement include exhibit were omitted by means of redacting a reference to all appendices, annexes, schedules portion of the text. Copies of the exhibit containing the redacted portions have been filed separately with the Securities and exhibits hereto, as the same may be amended, modified, supplemented or replaced from time to time; (g) the masculine includes the feminine and neuter and vice versa; (h) “including” is construed in its broadest sense to mean “including without limitation” or “including, but not limited to”; (i) references to agreements and other legal instruments include all subsequent amendments thereto, and changes to, and restatements or replacements of, such agreements or instruments that are duly entered into and effective against the parties thereto or their permitted successors and assigns; (j) a reference Exchange Commission subject to a statute or request for confidential treatment pursuant to a regulation issued by a Governmental Authority includes Rule 24b-2 under the statute or regulation in force as of the Effective Date or Trade Date, as applicable, or Delivery Date with respect to a Product that is Regulatorily Continuing, together with all amendments and supplements thereto and any statute or regulation substituted for such statute or regulations; and (k) the word “or” is not necessarily exclusiveSecurities Exchange Act.

Rules of Interpretation. Unless otherwise required by For purposes of the context in which any term appears, Plan: (a) in the appropriate context, each term, whether stated in the singular includes or the plural plural, shall include both the singular and vice versathe plural, and pronouns stated in the masculine, feminine, or neuter gender shall include the masculine, feminine, and the neuter gender; (b) references unless otherwise specified, any reference herein to “Articles,” “Sections,” “Schedules,” “Annexes,” or “Exhibits” are to articlesa contract, sectionslease, schedulesinstrument, annexesrelease, indenture, or exhibits hereofother agreement or document being in a particular form or on particular terms and conditions means that such document shall be substantially in such form or substantially on such terms and conditions; (c) all references unless otherwise specified, any reference herein to a particular entity an existing document, schedule, or market price index include a reference to exhibit, shall mean such entity’s document, schedule, or index’s successors and (if applicable) permitted assignsexhibit, as it may have been or may be amended, modified, or supplemented; (d) unless otherwise specified, all references herein to “Articles” and “Sections” are references to Articles and Sections, respectively, hereof or hereto; (e) the words “herein,” “hereof,” and “hereunderhereto” refer to this Agreement as a whole and not the Plan in its entirety rather than to any particular Article, Section or subsection hereof; (e) all accounting terms not specifically defined herein will be construed in accordance with generally accepted accounting principles in portion of the United States of America, consistently appliedPlan; (f) references captions and headings to this Agreement include Articles and Sections are inserted for convenience of reference only and are not intended to be a reference part of or to all appendices, annexes, schedules and exhibits hereto, as affect the same may be amended, modified, supplemented or replaced from time to timeinterpretation of the Plan; (g) unless otherwise specified herein, the masculine includes rules of construction set forth in section 102 of the feminine and neuter and vice versaBankruptcy Code shall apply; (h) “including” any term used in capitalized form herein that is construed not otherwise defined but that is used in its broadest sense the Bankruptcy Code or the Bankruptcy Rules shall have the meaning assigned to mean “including without limitation” such term in the Bankruptcy Code or “includingthe Bankruptcy Rules, but not limited to”as applicable; (i) references to agreements and other legal instruments include all subsequent amendments thereto, and changes to, and restatements or replacements of, such agreements or instruments that docket numbers of documents Filed in the Chapter 11 Cases are duly entered into and effective against references to the parties thereto or their permitted successors and assignsdocket numbers under the Bankruptcy Court’s CM/ECF system; (j) a reference ); all references to a statute or statutes, regulations, orders, rules of courts, and the like shall mean as amended from time to a regulation issued by a Governmental Authority includes time, and as applicable to the statute or regulation in force as of the Effective Date or Trade DateChapter 11 Cases, as applicable, or Delivery Date with respect to a Product that is Regulatorily Continuing, together with all amendments and supplements thereto and any statute or regulation substituted for such statute or regulationsunless otherwise stated; and (k) any immaterial effectuating provisions may be interpreted by the word “or” Debtors or the Reorganized Debtors in such a manner that is not necessarily exclusiveconsistent with the overall purpose and intent of the Plan all without further notice to or action, order, or approval of the Bankruptcy Court or any other Entity; provided, however, that no effectuating provision shall be immaterial or deemed immaterial if it has any substantive legal or economic effect on any party.

Rules of Interpretation. Unless otherwise required by 1.1 In this Agreement, unless the context requires otherwise, words in which any term appears, (a) one gender include all genders and words in the singular includes include the plural and vice versa; (b) . 1.2 The inclusion in this Agreement of headings of Sections are for convenience of reference only and are not intended to be full or precise descriptions of the text to which they refer. 1.3 Unless the context requires otherwise, references in this Agreement to “Articles,” “Sections,” “Schedules,” “Annexes,” or “Exhibits” Sections are to articles, sections, schedules, annexes, or exhibits hereof; (c) all references to a particular entity or market price index include a reference to such entity’s or index’s successors and (if applicable) permitted assigns; (d) Sections of this Agreement. 1.4 Wherever the words “"include", "includes" or "including" are used in this Agreement, they shall be deemed to be followed by the words "without limitation" and the words following "include", "includes" or "including" shall not be considered to set forth an exhaustive list. 1.5 The words "hereof", "herein,” “hereof” ", "hereto", "hereunder", "hereby" and “hereunder” refer similar expressions shall be construed as referring to this Agreement as a whole in its entirety and not to any particular Article, Section or subsection hereof; (e) portion of it. 1.6 Unless otherwise indicated, all accounting terms not specifically defined herein will be construed references in accordance with generally accepted accounting principles in the United States of America, consistently applied; (f) references to this Agreement to any statute include a reference to all appendicesthe regulations thereunder, annexes, schedules and exhibits hereto, for any statute or regulation in each case as the same may be amended, modifiedre-enacted, supplemented consolidated or replaced from time to time; (g) time and in the masculine includes the feminine and neuter and vice versa; (h) “including” is construed in its broadest sense to mean “including without limitation” case of any such amendment, re-enactment, consolidation or “includingreplacement, but not limited to”; (i) references to agreements and other legal instruments include all subsequent amendments thereto, and changes to, and restatements or replacements of, such agreements or instruments that are duly entered into and effective against the parties thereto or their permitted successors and assigns; (j) a reference herein to a statute particular provision shall be read as referring to such amended, re-enacted, consolidated or replaced provision and also include, unless the context otherwise requires, all applicable guidelines, bulletins or policies made in connection therewith. 1.7 All references herein to a regulation issued by a Governmental Authority any agreement (including this Agreement), document or instrument mean such agreement, document or instrument as amended, supplemented, modified, varied, restated or replaced from time to time in accordance with the terms thereof and, unless otherwise specified therein, includes the statute or regulation in force as of the Effective Date or Trade Date, as applicable, or Delivery Date with respect to a Product that is Regulatorily Continuing, together with all amendments schedules and supplements thereto and any statute or regulation substituted for such statute or regulations; and (k) the word “or” is not necessarily exclusiveexhibits attached thereto.

Rules of Interpretation. Unless otherwise required by the context in which any term appears, otherwise clearly requires: (a) a term has the singular includes the plural and vice versameaning assigned to it; (b) “or” is not exclusive; (c) wherever from the context it appears appropriate, each term stated in either the singular or the plural shall include the singular and the plural, and pronouns stated in either the masculine, feminine or neuter shall include the masculine, feminine and neuter; (d) provisions apply to successive events and transactions; (e) all references in this Agreement to “include” or “including” or similar expressions shall be deemed to mean “including without limitation”; (f) all references in this Agreement to designated “Articles,” “Sections,” “Schedulesparagraphs,” “Annexes,clauses” or “Exhibits” and other subdivisions are to articlesthe designated Articles, sectionsSections, schedulesparagraphs, annexesclauses and other subdivisions of this Agreement, or exhibits hereof; (c) all references to a particular entity or market price index include a reference to such entity’s or index’s successors and (if applicable) permitted assigns; (d) the words “herein,” “hereof,” and “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section Section, paragraph, clause or subsection hereofother subdivision; and (eg) all accounting terms not specifically defined any definition of or reference to any agreement, instrument, document, statute or regulation herein will shall be construed in accordance with generally accepted accounting principles in the United States of Americaas referring to such agreement, consistently applied; (f) references instrument, document, statute or regulation as from time to this Agreement include a reference to all appendices, annexes, schedules and exhibits hereto, as the same may be time amended, modified, supplemented or replaced from time otherwise modified (subject to time; (g) any restrictions on such amendments, supplements or modifications set forth herein). This Agreement is among financially sophisticated and knowledgeable parties and is entered into by the masculine includes parties in reliance upon the feminine economic and neuter legal bargains contained herein and vice versa; (h) “including” is shall be interpreted and construed in its broadest sense a fair and impartial manner without regard to mean “including without limitation” such factors as the party who prepared, or “including, but not limited to”; (i) references to agreements and other legal instruments include all subsequent amendments thereto, and changes to, and restatements or replacements cause the preparation of, such agreements this Agreement or instruments that are duly entered into and effective against the parties thereto or their permitted successors and assigns; (j) a reference to a statute or to a regulation issued by a Governmental Authority includes the statute or regulation in force as relative bargaining power of the Effective Date or Trade Date, as applicable, or Delivery Date with respect to a Product that is Regulatorily Continuing, together with all amendments and supplements thereto and any statute or regulation substituted for such statute or regulations; and (k) the word “or” is not necessarily exclusiveparties.

Rules of Interpretation. Unless otherwise required by For purposes of the context in which any term appears, Plan: (a) in the appropriate context, each term, whether stated in the singular includes or the plural plural, shall include both the singular and vice versathe plural, and pronouns stated in the masculine, feminine, or neuter gender shall include the masculine, feminine, and the neuter gender; (b) references unless otherwise specified, any reference herein to “Articles,” “Sections,” “Schedules,” “Annexes,” or “Exhibits” are to articlesa contract, sectionslease, schedulesinstrument, annexesrelease, indenture, or exhibits hereofother agreement or document being in a particular form or on particular terms and conditions means that such document shall be substantially in such form or substantially on such terms and conditions; (c) all references unless otherwise specified, any reference herein to a particular entity an existing document, schedule, or market price index include a reference to exhibit, shall mean such entity’s document, schedule, or index’s successors and (if applicable) permitted assignsexhibit, as it may have been or may be amended, modified, or supplemented; (d) unless otherwise specified, all references herein to “Articles” and “Sections” are references to Articles and Sections, respectively, hereof or hereto; (e) the words “herein,” “hereof,” and “hereunderhereto” refer to this Agreement as a whole and not the Plan in its entirety rather than to any particular Article, Section or subsection hereof; (e) all accounting terms not specifically defined herein will be construed in accordance with generally accepted accounting principles in portion of the United States of America, consistently appliedPlan; (f) references captions and headings to this Agreement include Articles and Sections are inserted for convenience of reference only and are not intended to be a reference part of or to all appendices, annexes, schedules and exhibits hereto, as affect the same may be amended, modified, supplemented or replaced from time to timeinterpretation of the Plan; (g) unless otherwise specified herein, the masculine includes rules of construction set forth in section 102 of the feminine and neuter and vice versaBankruptcy Code shall apply; (h) “including” any term used in capitalized form herein that is construed not otherwise defined but that is used in its broadest sense the Bankruptcy Code or the Bankruptcy Rules shall have the meaning assigned to mean “including without limitation” such term in the Bankruptcy Code or “includingthe Bankruptcy Rules, but not limited to”as applicable; (i) references to agreements and other legal instruments include all subsequent amendments thereto, and changes to, and restatements or replacements of, such agreements or instruments that docket numbers of documents filed in the Chapter 11 Cases are duly entered into and effective against references to the parties thereto or their permitted successors and assignsdocket numbers under the Bankruptcy Court’s CM/ECF system; (j) a reference references to a statute or “Proofs of Claim,” “Holders of Claims,” “Disputed Claims,” and the like shall include “Proofs of Interest,” “Holders of Interests,” “Disputed Interests,” and the like as applicable; (k) references to a regulation issued by a Governmental Authority includes the statute or regulation in force as of the Effective Date or Trade Date, “shareholders,” “directors,” and/or “officers” shall also include “members” and/or “managers,” as applicable, or Delivery Date with respect to a Product that is Regulatorily Continuing, together with all amendments and supplements thereto and any statute or regulation substituted for as such statute or regulationsterms are defined under the applicable state limited liability company laws; and (kl) any immaterial effectuating provisions may be interpreted by the word “or” Debtors or the Reorganized Debtors in such a manner that is not necessarily exclusiveconsistent with the overall purpose and intent of the Plan all without further notice to or action, order, or approval of the Bankruptcy Court or any other Entity.

Rules of Interpretation. Unless otherwise required by 1.1 In this Agreement, unless the context requires otherwise, words in which any term appears, (a) one gender include all genders and words in the singular includes include the plural and vice versa; (b) . 1.2 The inclusion in this Agreement of headings of Sections are for convenience of reference only and are not intended to be full or precise descriptions of the text to which they refer. 1.3 Unless the context requires otherwise, references in this Agreement to Sections are to Sections of this Agreement. 1.4 Wherever the words “Articles,” include”, “Sections,” “Schedules,” “Annexes,includes” or “Exhibitsincluding” are used in this Agreement, they shall be deemed to articles, sections, schedules, annexes, or exhibits hereof; (c) all references to a particular entity or market price index include a reference to such entity’s or index’s successors and (if applicable) permitted assigns; (d) be followed by the words “herein,without limitation” and the words following “include”, “includes” or “including” shall not be considered to set forth an exhaustive list. 1.5 The words “hereof”, “herein”, “hereto”, “hereunder”, “hereby” and “hereunder” refer similar expressions shall be construed as referring to this Agreement as a whole in its entirety and not to any particular Article, Section or subsection hereof; (e) portion of it. 1.6 Unless otherwise indicated, all accounting terms not specifically defined herein will be construed references in accordance with generally accepted accounting principles in the United States of America, consistently applied; (f) references to this Agreement to any statute include a reference to all appendicesthe regulations thereunder, annexes, schedules and exhibits hereto, for any statute or regulation in each case as the same may be amended, modifiedre-enacted, supplemented consolidated or replaced from time to time; (g) time and in the masculine includes the feminine and neuter and vice versa; (h) “including” is construed in its broadest sense to mean “including without limitation” case of any such amendment, re-enactment, consolidation or “includingreplacement, but not limited to”; (i) references to agreements and other legal instruments include all subsequent amendments thereto, and changes to, and restatements or replacements of, such agreements or instruments that are duly entered into and effective against the parties thereto or their permitted successors and assigns; (j) a reference herein to a statute particular provision shall be read as referring to such amended, re-enacted, consolidated or replaced provision and also include, unless the context otherwise requires, all applicable guidelines, bulletins or policies made in connection therewith. 1.7 All references herein to a regulation issued by a Governmental Authority any agreement (including this Agreement), document or instrument mean such agreement, document or instrument as amended, supplemented, modified, varied, restated or replaced from time to time in accordance with the terms thereof and, unless otherwise specified therein, includes the statute or regulation in force as of the Effective Date or Trade Date, as applicable, or Delivery Date with respect to a Product that is Regulatorily Continuing, together with all amendments schedules and supplements thereto and any statute or regulation substituted for such statute or regulations; and (k) the word “or” is not necessarily exclusiveexhibits attached thereto.

Rules of Interpretation. Unless otherwise required by the context in which any term appears, (a) All terms used in this Agreement that are defined in Article 9 of the singular includes UCC and not otherwise defined herein have the plural and vice versa; meanings assigned to them in Article 9 of the UCC. (b) references Unless otherwise indicated, any reference to any agreement or instrument will be deemed to include a reference to that agreement or instrument as assigned, amended, supplemented, amended and restated, or otherwise modified and in effect from time to time or replaced in accordance with the terms of this Agreement. (c) The use in this Agreement or any of the other Security Documents of the word “include” or “including,” when following any general statement, term or matter, will not be construed to limit such statement, term or matter to the specific items or matters set forth immediately following such word or to similar items or matters, whether or not nonlimiting language (such as “without limitation” or “but not limited to” or words of similar import) is used with reference thereto, but will be deemed to refer to all other items or matters that fall within the broadest possible scope of such general statement, term or matter. The word “will” shall be construed to have the same meaning and effect as the word “shall.” (d) References to “Articles,” ”, “Sections,” “Schedulesclauses,” “Annexes,recitals” or and the “preamble” will be to Articles, Sections, clauses, recitals and the preamble, respectively, of this Agreement unless otherwise specifically provided. References to “Exhibits” are to articles, sections, schedules, annexes, or exhibits hereof; (c) all references to a particular entity or market price index include a reference to such entity’s or index’s successors and (if applicable) permitted assigns; (d) the words “herein,” “hereof” and “hereunderSchedules” refer will be to Exhibits and Schedules, respectively, to this Agreement as a whole and not to any particular Article, Section or subsection hereof; (e) all accounting terms not unless otherwise specifically defined herein will be construed in accordance with generally accepted accounting principles in the United States of America, consistently applied; (f) references to this Agreement include a reference to all appendices, annexes, schedules and exhibits hereto, as the same may be amended, modified, supplemented or replaced from time to time; (g) the masculine includes the feminine and neuter and vice versa; (h) “including” is construed in its broadest sense to mean “including without limitation” or “including, but not limited to”; (i) references to agreements and other legal instruments include all subsequent amendments thereto, and changes to, and restatements or replacements of, such agreements or instruments that are duly entered into and effective against the parties thereto or their permitted successors and assigns; (j) a reference to a statute or to a regulation issued by a Governmental Authority includes the statute or regulation in force as of the Effective Date or Trade Date, as applicable, or Delivery Date with respect to a Product that is Regulatorily Continuing, together with all amendments and supplements thereto and any statute or regulation substituted for such statute or regulations; and (k) the word “or” is not necessarily exclusiveprovided.

Rules of Interpretation. Unless otherwise required by the context in which any term appears, (a) the singular includes the plural and vice versa; (b) references to “Articles,” “Sections,” “Schedules,” “Annexes,” or “Exhibits” are to articles, sections, schedules, annexes, or exhibits hereof; (c) all references to a particular entity or market price index include a reference to such entity’s or index’s successors and (if applicable) permitted assigns; (d) the words “herein,” “hereof” and “hereunder” refer to this Agreement as a whole and not to any particular Article, Section or subsection hereof; (e) all accounting terms not specifically defined herein will be construed in accordance with generally accepted accounting principles in the United States of America, consistently applied; (f) references to this Agreement include a reference to all appendices, annexes, schedules and exhibits hereto, as the same may be amended, modified, supplemented or replaced from time to time; (g) the masculine includes the feminine and neuter and vice versa; (h) “including” is construed in its broadest sense to mean “including without limitation” or “including, but not limited to”; (i) references to agreements and other legal instruments include all 8 NTD: IPA Act Section 1-75(c)(1)(L)(iv): “If generation of renewable energy credits during a delivery year exceeds the estimated annual generation amount, the excess renewable energy credits shall be carried forward to future delivery years and shall not expire during the delivery term.” subsequent amendments thereto, and changes to, and restatements or replacements of, such agreements or instruments that are duly entered into and effective against the parties thereto or their permitted successors and assigns; (j) a reference to a statute or to a regulation issued by a Governmental Authority includes the statute or regulation in force as of the Effective Date or Trade Date, as applicable, or Delivery Date with respect to a Product that is Regulatorily Continuing, together with all amendments and supplements thereto and any statute or regulation substituted for such statute or regulations; and (k) the word “or” is not necessarily exclusive.

Rules of Interpretation. Unless otherwise required by the context in which any term appears, : (a) capitalized terms used in this Agreement have the singular includes the plural and vice versameanings specified in Section 1.1; (b) references to “Articles,” “Sections,” “Schedules,” “Annexes,” or “Exhibits” are to articles, sections, schedules, annexes, or exhibits hereofthe singular of a defined term includes the plural; (c) references to "Sections," "Schedules" or "Exhibits" (if any) refer to sections, schedules or exhibits (if any) of this Agreement, unless otherwise specified; (d) all references to a particular entity or market price index Person include a reference to such entity’s or index’s Person's successors and (if applicable) permitted assigns; (de) the words “"herein,” “" "hereof” " and “"hereunder” " and words of similar import when used in this Agreement refer to this Agreement as a whole and not to any particular Article, Section section or subsection hereofof this Agreement; (ef) all accounting terms not specifically defined herein will be construed in accordance with generally accepted accounting principles in the United States of AmericaGAAP, consistently applied, and all terms used in Article 9 of the New York UCC, and not specifically defined herein, are used herein as defined in such Article 9; (fg) references to this Agreement include a reference to all appendices, annexes, schedules and exhibits hereto, as the same may be amended, modified, supplemented or replaced from time to time; (g) the masculine includes the feminine and neuter and vice versa; (h) “including” is construed references to any agreement, document or instrument mean a reference to such agreement, document or instrument, and all appendices, annexes, schedules and exhibits thereto, as in its broadest sense effect on the Closing Date or as the same may be amended, modified, supplemented or replaced from time to mean “including without limitation” or “including, but not limited to”time; (i) references a reference to agreements and other legal instruments include any statute, regulation, proclamation, ordinance or law includes all subsequent amendments theretostatutes, regulations, proclamations, ordinances or laws varying, consolidating or replacing the same from time to time, and changes to, and restatements or replacements of, such agreements or instruments that are duly entered into and effective against the parties thereto or their permitted successors and assigns; (j) a reference to a statute includes all regulations, policies, protocols, codes, proclamations and ordinances issued or to a regulation issued by a Governmental Authority includes the otherwise applicable under that statute or regulation unless, in force as of the Effective Date or Trade Dateany such case, as applicable, or Delivery Date with respect to a Product that is Regulatorily Continuing, together with all amendments and supplements thereto and otherwise expressly provided in any statute or regulation substituted for such statute or regulationsin this Agreement; (j) the use of the words "include," "includes" and "including" in this Agreement to refer to specific examples will be deemed to be followed by the phrase "without limitation" or "but not limited to" and will not be construed to mean that the examples given are an exclusive list of the topics covered; and (k) the use of the word “"or” is " will not necessarily be exclusive.

Rules of Interpretation. Unless otherwise required by the context in which any term appears, (a) All terms used in this Agreement that are defined in Article 9 of the singular includes UCC and not otherwise defined herein have the plural and vice versa; meanings assigned to them in Article 9 of the UCC. (b) references Unless otherwise indicated, any reference to “Articles,” “Sections,” “Schedules,” “Annexes,” any agreement or “Exhibits” are instrument will be deemed to articles, sections, schedules, annexes, or exhibits hereof; (c) all references to a particular entity or market price index include a reference to such entity’s that agreement or index’s successors instrument as assigned, amended, supplemented, amended and (if applicable) permitted assigns; (d) the words “herein,” “hereof” restated, or otherwise modified and “hereunder” refer in effect from time to this Agreement as a whole and not to any particular Article, Section time or subsection hereof; (e) all accounting terms not specifically defined herein will be construed replaced in accordance with generally accepted accounting principles the terms of this Agreement. (c) The use in the United States of America, consistently applied; (f) references to this Agreement include a reference or any of the other Security Documents of the word "include" or "including," when following any general statement, term or matter, will not be construed to all appendiceslimit such statement, annexesterm or matter to the specific items or matters set forth immediately following such word or to similar items or matters, schedules and exhibits hereto, whether or not nonlimiting language (such as the same may be amended, modified, supplemented or replaced from time to time; (g) the masculine includes the feminine and neuter and vice versa; (h) “including” is construed in its broadest sense to mean “including "without limitation” " or “including, "but not limited to”; (i" or words of similar import) references to agreements and other legal instruments include all subsequent amendments is used with reference thereto, but will be deemed to refer to all other items or matters that fall within the broadest possible scope of such general statement, term or matter. The word "will" shall be construed to have the same meaning and changes to, and restatements or replacements of, such agreements or instruments that are duly entered into and effective against the parties thereto or their permitted successors and assigns; (j) a reference to a statute or to a regulation issued by a Governmental Authority includes the statute or regulation in force effect as of the Effective Date or Trade Date, as applicable, or Delivery Date with respect to a Product that is Regulatorily Continuing, together with all amendments and supplements thereto and any statute or regulation substituted for such statute or regulations; and (k) the word “or” is not necessarily exclusive"shall." (d) References to "Sections," "clauses," "recitals" and the "preamble" will be to Sections, clauses, recitals and the preamble, respectively, of this Agreement unless otherwise specifically provided. References to "Articles" will be to Articles of this Agreement unless otherwise specifically provided. References to "Exhibits" and "Schedules" will be to Exhibits and Schedules, respectively, to this Agreement unless otherwise specifically provided.

Rules of Interpretation. Unless otherwise required by the context otherwise clearly requires: (I) a term has the meaning assigned to it; (II “or” is not exclusive; (III) wherever from the context it appears appropriate, each term stated in which any term appears, (a) either the singular includes or the plural shall include the singular and vice versathe plural, and pronouns stated in either the masculine, feminine or neuter shall include the masculine, feminine and neuter; (bIV) provisions apply to successive events and transactions; (V) all references in this Agreement to “include” or “including” or similar expressions shall be deemed to mean “including without limitation”; (VI) all references in this Agreement to designated “Articles,” “Sections,” “Schedulesparagraphs,” “Annexes,clauses” or “Exhibits” and other subdivisions are to articlesthe designated Articles, sectionsSections, schedulesparagraphs, annexesclauses and other subdivisions of this Agreement, or exhibits hereof; (c) all references to a particular entity or market price index include a reference to such entity’s or index’s successors and (if applicable) permitted assigns; (d) the words “herein,” “hereof,” and “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section Section, paragraph, clause or subsection hereofother subdivision; and (eVII) all accounting terms not specifically defined any definition of or reference to any agreement, instrument, document, statute or regulation herein will shall be construed in accordance with generally accepted accounting principles in the United States of Americaas referring to such agreement, consistently applied; (f) references instrument, document, statute or regulation as from time to this Agreement include a reference to all appendices, annexes, schedules and exhibits hereto, as the same may be time amended, modified, supplemented or replaced from time otherwise modified (subject to time; (g) any restrictions on such amendments, supplements or modifications set forth herein). This Agreement is between financially sophisticated and knowledgeable parties and is entered into by the masculine includes parties in reliance upon the feminine economic and neuter legal bargains contained herein and vice versa; (h) “including” is shall be interpreted and construed in its broadest sense a fair and impartial manner without regard to mean “including without limitation” such factors as the party who prepared, or “including, but not limited to”; (i) references to agreements and other legal instruments include all subsequent amendments thereto, and changes to, and restatements or replacements cause the preparation of, such agreements this Agreement or instruments that are duly entered into and effective against the parties thereto or their permitted successors and assigns; (j) a reference to a statute or to a regulation issued by a Governmental Authority includes the statute or regulation in force as relative bargaining power of the Effective Date or Trade Date, as applicable, or Delivery Date with respect to a Product that is Regulatorily Continuing, together with all amendments and supplements thereto and any statute or regulation substituted for such statute or regulations; and (k) the word “or” is not necessarily exclusiveparties.

Rules of Interpretation. Unless otherwise required by the context in which any term appears, (a) the singular includes the plural and vice versa; (b) references to “Articles,” “Sections,” “Schedules,” “Annexes,” or “Exhibits” are to articles, sections, schedules, annexes, or exhibits hereof; (c) all references to a particular entity or market price index include a reference to such entity’s or index’s successors and (if applicable) permitted assigns; (d) the words “hereto,” “herein,” “hereof” and “hereunder” refer to this Agreement as a whole and not to any particular Article, Section or subsection hereof; (e) all accounting terms not specifically defined herein will be construed in accordance with generally accepted accounting principles in the United States of America, consistently applied; (f) references to this Agreement include a reference to all appendices, annexes, schedules and exhibits hereto, as the same may be amended, modified, supplemented or replaced from time to time; (g) the masculine includes the feminine and neuter and vice versa; (h) “including” is construed in its broadest sense to mean “including without limitation” or “including, but not limited to”; (i) references to agreements and other legal instruments include all subsequent amendments thereto, and changes to, and restatements or replacements of, such agreements or instruments that are duly entered into and effective against the parties thereto or their permitted successors and assigns; (j) a reference to a statute or to a regulation issued by a Governmental Authority includes the statute or regulation in force as of the Effective Date or Trade Date, as applicable, or Delivery Date with respect to a Product that is Regulatorily Continuing, together with all amendments and supplements thereto and any statute or regulation substituted for such statute or regulations; and (k) the word “or” is not necessarily exclusive.