Common use of Terms and Usage Generally Clause in Contracts

Terms and Usage Generally. (a) The definitions in Section 1.01 shall apply equally to both the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. All references herein to Articles, Sections, Annexes, Exhibits and Schedules shall be deemed to be references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement unless the context shall otherwise require. All Annexes, Exhibits and Schedules attached hereto shall be deemed incorporated herein as if set forth in full herein. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". The words "hereof", "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. References to a Person are also to its permitted successors and permitted assigns. Unless otherwise expressly provided herein, any agreement, instrument or statute defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement, instrument or statute as from time to time amended, modified or supplemented, including (in the case of agreements or instruments) by waiver or consent and (in the case of statutes) by succession of comparable successor statutes and references to all attachments thereto and instruments incorporated therein.

Appears in 4 contracts

Samples: Limited Liability Limited Partnership Agreement (Vivendi Universal), Limited Liability Limited Partnership Agreement (Usa Networks Inc), Limited Liability Limited Partnership Agreement (Usa Networks Inc)

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Terms and Usage Generally. (a) The definitions in Section 1.01 shall this Agreement will apply equally to both the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall will include the corresponding masculine, feminine and neuter forms. All references herein in this Agreement to Articles, Sections, Annexes, Exhibits and Schedules shall will be deemed to be references to Articles Sections of and Sections of, and Annexes, Exhibits and Schedules to, to this Agreement unless the context shall otherwise requirerequires. All Annexes, Exhibits and Schedules attached hereto shall to this Agreement will be deemed incorporated herein as if set forth in full herein. The words "include", ",” “includes" and "including" shall ” will be deemed to be followed by the phrase "without limitation". .” The words "hereof", ",” “herein" and ",” “hereunder" and words of similar import when used in this Agreement shall will refer to this Agreement as a whole and not to any particular provision of this Agreement. The word “or” will not be exclusive. The word “extent” in the phrase “to the extent” will mean the degree to which a subject or other thing extends, and will not mean simply “if.” References to a Person are also to its permitted successors and permitted assigns. Unless otherwise expressly provided herein, any agreement, instrument or statute defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement, instrument or statute as it may be from time to time-to-time amended, modified or supplemented, including (in the case of agreements or instruments) by waiver or consent and (in the case of statutes) by succession of comparable successor statutes and references to all attachments thereto and instruments incorporated therein.

Appears in 3 contracts

Samples: License Agreement, License Agreement (DreamWorks Animation SKG, Inc.), Transaction and Contribution Agreement (DreamWorks Animation SKG, Inc.)

Terms and Usage Generally. (a) The definitions in Section 1.01 this Agreement shall apply equally to both the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. All references herein to Articles, Sections, Annexes, Exhibits and Schedules shall be deemed to be references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement unless the context shall otherwise require. All Annexes, Exhibits and Schedules attached hereto shall be deemed incorporated herein as if set forth in full herein. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation"”. All accounting terms not defined in this Agreement shall have the meanings determined by GAAP as in effect from time to time. The words "hereof", "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. References to a Person person are also to its that person’s permitted successors and permitted assigns. Unless otherwise expressly provided herein, any agreement, instrument or statute defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement, instrument or statute as from time to time amended, modified modified, supplemented or supplementedrestated, including (in the case of agreements or instruments) by waiver or consent and (in the case of statutes) by succession of comparable successor statutes and references to all attachments thereto and instruments incorporated therein.

Appears in 2 contracts

Samples: Unit Purchase Agreement (Monster Worldwide, Inc.), Unit Purchase Agreement (Monster Worldwide, Inc.)

Terms and Usage Generally. (a) The definitions referred to in Section 1.01 1.1 shall apply equally to both the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. All references herein to Articles, Sections, Annexes, Exhibits and Schedules shall be deemed to be references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement unless the context shall otherwise require. All Annexes, Exhibits and Schedules attached hereto shall be deemed incorporated herein as if set forth in full herein. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". The words "hereof", "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. References to a Person are also to its permitted successors and permitted assigns. Unless otherwise expressly provided herein, any agreement, instrument or statute defined or referred to herein or in any agreement or instrument that is defined or referred to herein means such agreement, instrument or statute as from time to time amended, modified or supplemented, including (in the case of agreements or instruments) by waiver or consent and (in the case of statutes) by succession of comparable successor statutes statutes, and references to all attachments thereto and instruments incorporated therein.

Appears in 2 contracts

Samples: Asset and Land Purchase Agreement (Starwood Hotels & Resorts), Asset and Land Purchase Agreement (Sun International Hotels LTD)

Terms and Usage Generally. (a) The definitions contained in Section 1.01 shall this Agreement apply equally to both the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall include includes the corresponding masculine, feminine and neuter forms. All references herein to Articles, Sections, Annexes, Exhibits and Schedules shall be are deemed to be references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement unless the context shall otherwise requirerequires. All Annexes, Exhibits and Schedules attached hereto shall be are deemed incorporated herein herein, as if set forth in full herein. The words "include", "includes" and "including" shall be are deemed to be followed by the phrase "without limitation"". All accounting terms not defined in this Agreement have the meanings determined by United States generally accepted accounting principles as in effect from time to time. The words "hereof", "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. References to a Person or entity are also to its permitted successors and permitted assigns. Unless otherwise expressly provided herein, any agreement, instrument or statute defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement, instrument or statute as from time to time amended, modified or supplemented, including (in the case of agreements or instruments) by waiver or consent and (in the case of statutes) by succession of comparable successor statutes and references to all attachments thereto and instruments incorporated therein.

Appears in 1 contract

Samples: License Agreement (Movado Group Inc)

Terms and Usage Generally. (a) The definitions in Section 1.01 shall apply equally to both the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. All references herein to Articles, Sections, Annexes, Exhibits and Schedules shall be deemed to be references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement unless the context shall otherwise require. All Annexes, Exhibits and Schedules attached hereto shall be deemed incorporated herein as if set forth in full herein. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". The words "hereof", "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The word “or” shall not be exclusive. The word “extent” in the phrase “to the extent” shall mean the degree to which a subject or other thing extends, and such phrase shall not mean simply “if”. References to a Person are also to its permitted successors and permitted assigns. Unless otherwise expressly provided herein, any agreement, instrument or statute defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement, instrument or statute as from time to time amended, modified or supplemented, including (in the case of agreements or instruments) by waiver or consent and (in the case of statutes) by succession of comparable successor statutes and references to all attachments thereto and instruments incorporated therein.

Appears in 1 contract

Samples: Transaction and Contribution Agreement (DreamWorks Animation SKG, Inc.)

Terms and Usage Generally. (a) The definitions in Section 1.01 shall this Agreement will apply equally to both the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall will include the corresponding masculine, feminine and neuter forms. All references herein in this Agreement to Articles, Sections, Annexes, Exhibits and Schedules shall will be deemed to be references to Articles and Sections of, and Annexes, Exhibits and Schedules to, to this Agreement unless the context shall otherwise requirerequires. All Annexes, Exhibits and Schedules attached hereto shall to this Agreement will be deemed incorporated herein as if set forth in full herein. The words "include", ",” “includes" and "including" shall ” will be deemed to be followed by the phrase "without limitation". .” The words "hereof", ",” “herein" and ",” “hereunder" and words of similar import when used in this Agreement shall will refer to this Agreement as a whole and not to any particular provision of this Agreement. The word “or” will not be exclusive. The word “extent” in the phrase “to the extent” will mean the degree to which a subject or other thing extends, and will not mean simply “if.” References to a Person are also to its permitted successors and permitted assigns. Unless otherwise expressly provided herein, any agreement, instrument or statute defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement, instrument or statute as it may be from time to time-to-time amended, modified or supplemented, including (in the case of agreements or instruments) by waiver or consent and (in the case of statutes) by succession of comparable successor statutes and references to all attachments thereto and instruments incorporated therein.

Appears in 1 contract

Samples: Transaction and Contribution Agreement (DreamWorks Animation SKG, Inc.)

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Terms and Usage Generally. (a) The definitions referred to in Section 1.01 11.1 shall apply equally to both the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. All references herein to Articles, Sections, Annexes, Exhibits and Schedules shall be deemed to be references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement unless the context shall otherwise require. All Annexes, Exhibits and Schedules attached hereto shall be deemed incorporated herein as if set forth in full herein. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". The words "hereof"', "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. References to a Person are also to its permitted successors and permitted assigns. Unless otherwise expressly provided herein, any agreement, instrument or statute defined or referred to herein or in any agreement or instrument that is defined or referred to herein means such agreement, instrument or statute as from time to time amended,, modified or supplemented, including (in the case of agreements or instruments) by waiver or or' consent and (in the case of statutes) by succession of comparable successor statutes statutes, and references to all attachments thereto and instruments incorporated therein.

Appears in 1 contract

Samples: Asset and Land Purchase Agreement (Wynn Resorts LTD)

Terms and Usage Generally. (a) The definitions in Section 1.01 1.1 shall apply equally to both the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. All references herein to Articles, Sections, Annexes, Exhibits Sections and Schedules shall be deemed to be references to Articles and Sections of, and Annexes, Exhibits and Schedules to, this Agreement unless the context shall otherwise require. All Annexes, Exhibits and Schedules attached hereto shall be deemed incorporated herein as if set forth in full herein. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation"”. All accounting terms not defined in this Agreement shall have the meanings determined by United States generally accepted accounting principles as in effect from time to time. The words "hereof", "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. References to a Person are also to its permitted successors and permitted assigns. Unless otherwise expressly provided herein, any agreement, instrument or statute defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement, instrument or statute as from time to time amended, modified modified, supplemented or supplementedrestated, including (in the case of agreements or instruments) by waiver or consent and (in the case of statutes) by succession of comparable successor statutes statutes, and references to all attachments thereto and instruments incorporated thereintherein and (in the case of statutes) also any rules and regulations promulgated thereunder.

Appears in 1 contract

Samples: Limited Liability Company Agreement (KBS Real Estate Investment Trust, Inc.)

Terms and Usage Generally. (a) The definitions in Section 1.01 shall apply equally to both the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. All references herein to Articlesarticles, Sectionssections, Annexes, Exhibits exhibits and Schedules schedules shall be deemed to be references to Articles articles and Sections sections of, and Annexes, Exhibits exhibits and Schedules schedules to, this Agreement unless the context shall otherwise require. . (b) All Annexes, Exhibits exhibits and Schedules schedules attached hereto shall be deemed incorporated herein as if set forth in full herein. . (c) The words "include", ," "includes," and "including" and words of similar import shall be deemed mean considered as part of a larger group and not limited to be followed by the phrase "without limitation"any one or more enumerated items. The words "hereof", ," "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. . (d) References to a Person are also to his, her or its permitted successors and permitted assigns. . (e) Unless otherwise expressly provided herein, any agreement, instrument instrument, statute or statute regulation defined or referred to herein or in any agreement or instrument that is defined or referred to herein means such agreement, instrument instrument, statute or statute regulation as from time to time amended, modified or supplemented, including (in the case of agreements or instruments) by waiver or consent and (in the case of statutesstatutes or regulations) by succession of comparable successor statutes or regulations, and references to all attachments thereto and instruments incorporated therein.

Appears in 1 contract

Samples: Operating Agreement (Sterling Construction Co Inc)

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