Common use of Rules of Usage Clause in Contracts

Rules of Usage. In this Agreement, unless a clear intention appears otherwise: (a) the singular number includes the plural number and vice versa; (b) reference to any Person includes such Person’s successors and assigns but, if applicable, only if such successors and assigns are not prohibited by this Agreement, and reference to a Person in a particular capacity excludes such Person in any other capacity or individually; (c) reference to any gender includes each other gender; (d) reference to any agreement, document or instrument means such agreement, document or instrument as amended or modified and in effect from time to time in accordance with the terms thereof; (e) reference to any law means such law as amended, modified, codified, replaced or reenacted, in whole or in part, and in effect from time to time, including rules and regulations promulgated thereunder; (f) ”hereunder,” “hereof,” “hereto,” and words of similar import shall be deemed references to this Agreement as a whole and not to any particular section or other provision hereof; (g) ”including” (and with correlative meaning “include”) means including without limiting the generality of any description preceding such term; (h) ”or” is used in the inclusive sense of “and/or”; (i) with respect to the determination of any period of time, “from” means “from and including” and “to” means “to but excluding”; (j) references to documents, instruments or agreements shall be deemed to refer as well to all addenda, schedules or amendments thereto; and (k) section references shall be deemed to refer to all subsections thereof, unless otherwise expressly indicated.

Appears in 7 contracts

Samples: Voting Agreement (M&m Media, Inc.), Right of First Refusal and Co Sale Agreement (M&m Media, Inc.), Operating Agreement (Rallybio Holdings, LLC)

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Rules of Usage. In this Agreement, unless a clear intention appears otherwise: : (a) the singular number includes the plural number and vice versa; (b) reference to any Person includes such Person’s successors and assigns but, if applicable, only if such successors and assigns are not prohibited by this Agreement, and reference to a Person in a particular capacity excludes such Person in any other capacity or individually; (c) reference to any gender includes each other gender; (d) reference to any agreement, document or instrument means such agreement, document or instrument as amended or modified and in effect from time to time in accordance with the terms thereof; (e) reference to any law means such law as amended, modified, codified, replaced or reenacted, in whole or in part, and in effect from time to time, including rules and regulations promulgated thereunder; (f) ”hereunder,” “hereof,” “hereto,” and words of similar import shall be deemed references to this Agreement as a whole and not to any particular section or other provision hereof; (g) ”including” (and with correlative meaning “include”) means including without limiting the generality of any description preceding such term; (h) ”or” is used in the inclusive sense of “and/or”; (i) with respect to the determination of any period of time, “from” means “from and including” and “to” means “to but excluding”; (j) references to documents, instruments or agreements shall be deemed to refer as well to all addenda, schedules or amendments thereto; and (k) section references shall be deemed to refer to all subsections thereof, unless otherwise expressly indicated.of

Appears in 5 contracts

Samples: Asset Purchase Agreement (iGambit, Inc.), Stock Exchange Agreement (iGambit, Inc.), Stock Purchase Agreement (Welch Rory)

Rules of Usage. In this Agreement, unless a clear intention appears otherwise: (a) the singular number includes the plural number and vice versa; (b) reference to any Person includes such Person’s successors and assigns but, if applicable, only if such successors and assigns are not prohibited by this Agreement, and reference to a Person in a particular capacity excludes such Person in any other capacity or individually; (c) reference to any gender includes each other gender; (d) reference to any agreement, document or instrument means such agreement, document or instrument as amended or modified and in effect from time to time in accordance with the terms thereof; (e) reference to any law means such law as amended, modified, codified, replaced or reenacted, in whole or in part, and in effect from time to time, including rules and regulations promulgated thereunder; (f) hereunder,” “hereof,” “hereto,” and words of similar import shall be deemed references to this Agreement as a whole and not to any particular section or other provision hereof; (g) including” (and with correlative meaning “include”) means including without limiting the generality of any description preceding such term; (h) or” is used in the inclusive sense of “and/or”; (i) with respect to the determination of any period of time, “from” means “from and including” and “to” means “to but excluding”; (j) references to documents, instruments or agreements shall be deemed to refer as well to all addenda, schedules or amendments thereto; and (k) section references shall be deemed to refer to all subsections thereof, unless otherwise expressly indicated.

Appears in 3 contracts

Samples: Investors’ Rights Agreement (M&m Media, Inc.), Investors’ Rights Agreement (M&m Media, Inc.), Stock Purchase Agreement (Kingsway Financial Services Inc)

Rules of Usage. In this Agreement, unless a clear intention appears otherwise: (a) the singular number includes the plural number and vice versa; (b) reference to any Person includes such Person’s successors and assigns but, if applicable, only if such successors and assigns are not prohibited by this Agreement, and reference to a Person in a particular capacity excludes such Person in any other capacity or individually; (c) reference to any gender includes each other gender; (d) reference to any agreement, document or instrument means such agreement, document or instrument as amended or modified and in effect from time to time in accordance with the terms thereof; (ed) reference to any law means such law as amended, modified, codified, replaced or reenacted, in whole or in part, and in effect from time to time, including rules and regulations promulgated thereunder; (fe) hereunder,” “hereof,” “hereto,” and words of similar import shall be deemed references to this Agreement as a whole and not to any particular section Section or other provision hereof; (gf) including” (and with correlative meaning “include”) means including without limiting the generality of any description preceding such term; (hg) or” is used in the inclusive sense of “and/or”; (ih) with respect to the determination of any period of time, “from” means “from and including” and “to” means “to but excluding”; (ji) references to documents, instruments or agreements shall be deemed to refer as well to all addenda, exhibits, schedules or amendments thereto; (j) article and section headings herein are for convenience only and shall not affect the construction hereof; and (k) section references to any sections of this Agreement shall be deemed to refer to all subsections thereof, include every subsection thereof unless otherwise expressly indicatedexcluded.

Appears in 2 contracts

Samples: Stockholders' Agreement (Steiner Group LLC), Stockholders' Agreement (Fairchild Corp)

Rules of Usage. In this Agreement, unless a clear intention appears otherwise: : (ai) the singular number includes the plural number and vice versa; (bii) reference to any Person person includes such Personperson’s successors and assigns but, if applicable, only if such successors and assigns are not prohibited by this Agreement, and reference to a Person person in a particular capacity excludes such Person person in any other capacity or individually; (ciii) reference to any gender includes each other gender; (div) reference to any agreement, document or instrument means such 652541 agreement, document or instrument as amended or modified and in effect from time to time in accordance with the terms thereof; (ev) reference to any law means such law as amended, modified, codified, replaced or reenacted, in whole or in part, and in effect from time to time, including rules and regulations promulgated thereunder; (fvi) hereunder,” “hereof,” “hereto,” and words of similar import shall be deemed references to this Agreement as a whole and not to any particular section or other provision hereof; (gvii) including” (and with correlative meaning “include”) means including without limiting the generality of any description preceding such term; (hviii) or” is used in the inclusive sense of “and/or”; (iix) with respect to the determination of any period of time, “from” means “from and including” and “to” means “to but excluding”; (j) references to documents, instruments or agreements shall be deemed to refer as well to all addenda, schedules or amendments thereto; and (k) section references shall be deemed to refer to all subsections thereof, unless otherwise expressly indicated.of

Appears in 1 contract

Samples: Rescission Agreement (iGambit, Inc.)

Rules of Usage. In this Agreement, unless a clear intention appears otherwise: : (a) the singular number includes the plural number and vice versa; (b) reference to any Person person includes such Personperson’s successors and assigns but, if applicable, only if such successors and assigns are not prohibited by this Agreement, and reference to a Person person in a particular capacity excludes such Person person in any other capacity or individually; (c) reference to any gender includes each other gender; (d) reference to any agreement, document or instrument means such agreement, document or instrument as amended or modified and in effect from time to time in accordance with the terms thereof; (e) reference to any law means such law as amended, modified, codified, replaced or reenacted, in whole or in part, and in effect from time to time, including rules and regulations promulgated thereunder; (f) hereunder,” “hereof,” “hereto,” and words of similar import shall be deemed references to this Agreement as a whole and not to any particular section Section or other provision hereof; (g) including” (and with correlative meaning “include”) means including without limiting the generality of any description preceding such term; (h) or” is used in the inclusive sense of “and/or”; (i) with respect to the determination of any period of time, “from” means “from and including” and “to” means “to but excluding”; (j) references to documents, instruments or agreements shall be deemed to refer as well to all addenda, exhibits, schedules or amendments thereto; and (k) references to “person” or “persons” means an individual, corporation, limited liability company, partnership, trust, joint venture or other legal entity; (l) article and section headings herein are for convenience only and shall not affect the construction hereof; and (m) references to any sections of this Agreement shall be deemed to refer to all subsections thereof, include every subsection thereof unless otherwise expressly indicatedexcluded.

Appears in 1 contract

Samples: Participation Agreement

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Rules of Usage. In this Agreement, unless a clear intention appears otherwise: (a) the singular number includes the plural number and vice versa; (b) reference to any Person includes such Person’s successors and assigns but, if applicable, only if such successors and assigns are not prohibited by this Agreement, and reference to a Person in a particular capacity excludes such Person in any other capacity or individually; (c) reference to any gender includes each other gender; (dc) reference to any agreement, document or instrument means such agreement, document or instrument as amended or modified and in effect from time to time in accordance with the terms thereof; (ed) reference to any law means such law as amended, modified, codified, replaced or reenacted, in whole or in part, and in effect from time to time, including rules and regulations promulgated thereunder; (fe) hereunder,” “hereof,” “hereto,” and words of similar import shall be deemed references to this Agreement as a whole and not to any particular section or other provision hereof; (gf) including” (and with correlative meaning “include”) means including without limiting the generality of any description preceding such term; (hg) or” is used in the inclusive sense of “and/or”; (ih) with respect the titles and subtitles used in this Agreement are used for convenience only and are not to the determination of any period of time, “from” means “from and including” and “to” means “to but excluding”be considered in construing or interpreting this Agreement; (ji) references to documents, instruments or agreements shall be deemed to refer as well to all addenda, schedules or amendments thereto; and (kj) section references shall be deemed to refer to all subsections thereof, unless otherwise expressly indicated.. [intentionally left blank—signature page follows] [Signature Page to Put Agreement]

Appears in 1 contract

Samples: Put Agreement

Rules of Usage. In this Agreement, unless a clear intention appears otherwise: (a) the singular number includes the plural number and vice versa; (b) reference to any Person includes such Person’s 's successors and assigns but, if applicable, only if such successors and assigns are not prohibited by this Agreement, and reference to a Person in a particular capacity excludes such Person in any other capacity or individually; (c) reference to any gender includes each other gender; (d) reference to any agreement, document or instrument means such agreement, document or instrument as amended or modified and in effect from time to time in accordance with the terms thereof; (e) reference to any law means such law as amended, modified, codified, replaced or reenacted, in whole or in part, and in effect from time to time, including rules and regulations promulgated thereunder; (f) "hereunder,” “" "hereof,” “" "hereto," and words of similar import shall be deemed references to this Agreement as a whole and not to any particular section Section or other provision hereof; (g) "including" (and with correlative meaning "include") means including without limiting the generality of any description preceding such term; (h) "or" is used in the inclusive sense of "and/or"; (i) with respect to the determination of any period of time, "from" means "from and including" and "to" means "to but excluding”; (j) references to documents, instruments or agreements shall be deemed to refer as well to all addenda, schedules or amendments thereto; and (k) section references shall be deemed to refer to all subsections thereof, unless otherwise expressly indicated.";

Appears in 1 contract

Samples: Series B Preferred Stock and Warrant Purchase Agreement (Datametrics Corp)

Rules of Usage. In this Agreement, unless a clear intention appears otherwise: (a) the singular number includes the plural number and vice versa; (b) reference to any Person includes such Person’s successors and assigns but, if applicable, only if such successors and assigns are not prohibited by this Agreement, and reference to a Person in a particular capacity excludes such Person in any other capacity or individually; (c) reference to any gender includes each other gender; (dc) reference to any agreement, document or instrument means such agreement, document or instrument as amended or modified and in effect from time to time in accordance with the terms thereof; (ed) reference to any law means such law as amended, modified, codified, replaced or reenacted, in whole or in part, and in effect from time to time, including rules and regulations promulgated thereunder; (fe) hereunder,” “hereof,” “hereto,” and words of similar import shall be deemed references to this Agreement as a whole and not to any particular section or other provision hereof; (gf) including” (and with correlative meaning “include”) means including without limiting the generality of any description preceding such term; (hg) or” is used in the inclusive sense of “and/or”; (ih) with respect the titles and subtitles used in this Agreement are used for convenience only and are not to the determination of any period of time, “from” means “from and including” and “to” means “to but excluding”be considered in construing or interpreting this Agreement; (ji) references to documents, instruments or agreements shall be deemed to refer as well to all addenda, schedules or amendments thereto; and (kj) section references shall be deemed to refer to all subsections thereof, unless otherwise expressly indicated.

Appears in 1 contract

Samples: Put Agreement (Arvinas Holding Company, LLC)

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