Common use of Terms of General Application Clause in Contracts

Terms of General Application. For all purposes of this Agreement and the other Loan Documents, except as otherwise expressly provided herein or therein or unless the context otherwise requires: (a) references to any Person defined in this Agreement refer to such Person and its successor in title and permitted assigns or, for natural persons, such Person's successors, heirs, executors, administrators and other legal representatives; (b) references to any agreement, instrument or document defined in this Agreement refer to such document as originally executed, or if subsequently varied, extended, renewed, modified, amended, restated or supplemented from time to time, as so varied, extended, renewed, modified, amended, restated or supplemented and in effect at the relevant time of reference thereto; (c) words importing the singular only shall include the plural and vice versa, and the words importing the masculine gender shall include the feminine gender and vice versa, and all references to dollars, $, U.S. Dollars or United States Dollars, shall be to Dollars; (d) accounting terms not otherwise defined in this Agreement or any of the other Loan Documents have the meanings assigned to them in accordance with GAAP, on a basis consistent with the financial statements referred to in Section 4.7 of this Agreement; (e) all financial statements and other financial information provided by the Borrower and each other member of the Borrower Affiliated Group to the Administrative Agent or any Bank shall be provided with reference to Dollars; (f) this Agreement and the other Loan Documents are the result of negotiation among, and have been reviewed by counsel to, among others, the Borrower Affiliated Group and the Administrative Agent and are the product of discussions and negotiations among all parties. Accordingly, this Agreement and the other Loan Documents are not intended to be construed against the Administrative Agent or any of the Banks merely on account of the Administrative Agent's or any Bank's involvement in the preparation of such documents; and (g) all references to a time of day shall mean the time then prevailing in New York, New York, unless otherwise indicated.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Barnes & Noble Inc), Revolving Credit and Term Loan Agreement (Barnes & Noble Inc), Revolving Credit Agreement (Gamestop Corp)

AutoNDA by SimpleDocs

Terms of General Application. For all purposes of this Agreement and the other Loan Documents, except as otherwise expressly provided herein or therein or unless the context otherwise requires: (ai) references to any Person defined in this Agreement refer to such Person and its successor in title and permitted assigns oror (as the case may be) his successors, for natural persons, such Person's successorsassigns, heirs, executors, administrators and other legal representatives; (bii) references to any agreement, instrument or document defined in this Agreement refer to such document as originally executed, or if subsequently varied, extended, renewed, modified, amended, restated or supplemented from time to time, as so varied, extended, renewed, modified, amended, restated or supplemented and in effect at the relevant time of reference thereto; (ciii) words importing the singular only shall include the plural and vice versa, and the words importing the masculine gender shall include the feminine gender and vice versa, and all references to dollars, $, U.S. Dollars or United States Dollars, shall be to Dollars; (div) accounting terms not otherwise defined in this Agreement or any of the other Loan Documents have the meanings assigned to them in accordance with GAAP, on a basis consistent with the financial statements referred to in Section 4.7 of this Agreement; (ev) all financial statements and other financial information provided by the Borrower and each other member of the Borrower Affiliated Group Group, to the Administrative Agent or any Bank Lender shall be provided with reference to Dollars; (fvi) all of the obligations of members of the Borrower Affiliated Group under this Agreement and each other Loan Document shall be the joint and several obligations of the Borrower and such other members of the Borrower Affiliated Group; and (vii) this Agreement and the other Loan Documents are the result of negotiation among, and have been reviewed by counsel to, among others, the Borrower Affiliated Group and the Administrative Agent Lender and are the product of discussions and negotiations among all parties. Accordingly, this Agreement and the other Loan Documents are not intended to be construed against the Administrative Agent or any of the Banks Lender merely on account of the Administrative Agent's or any Bank's Lender’s involvement in the preparation of such documents; and (g) all references to a time of day shall mean the time then prevailing in New York, New York, unless otherwise indicated.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Open Link Financial, Inc.), Revolving Credit and Term Loan Agreement (Open Link Financial, Inc.)

Terms of General Application. For all purposes of this Agreement and the other Loan Documents, except as otherwise expressly provided herein or therein or unless the context otherwise requires: (ai) references to any Person defined in this Agreement refer to such Person and its successor in title and permitted assigns or, for natural persons, such Person's ’s successors, heirs, executors, administrators and other legal representatives; (bii) references to any agreement, instrument or document defined in this Agreement refer to such document as originally executed, or if subsequently varied, extended, renewed, modified, amended, restated or supplemented from time to time, as so varied, extended, renewed, modified, amended, restated or supplemented and in effect at the relevant time of reference thereto; (ciii) words importing the singular only shall include the plural and vice versa, and the words importing the masculine gender shall include the feminine gender and vice versa, and all references to dollars, $, U.S. Dollars or United States Dollars, shall be to Dollars; (div) accounting terms not otherwise defined in this Agreement or any of the other Loan Documents have the meanings assigned to them in accordance with GAAP, on a basis consistent with the financial statements referred to in Section 4.7 of this Agreement; (ev) all financial statements and other financial information provided by the Borrower and each other member of the Borrower Affiliated Group Group, to the Administrative Agent or any Bank shall be provided with reference to Dollars; (fvi) this Agreement and the other Loan Documents are the result of negotiation among, and have been reviewed by counsel to, among others, the Borrower Affiliated Group and the Administrative Agent and are the product of discussions and negotiations among all parties. Accordingly, this Agreement and the other Loan Documents are not intended to be construed against the Administrative Agent or any of the Banks merely on account of the Administrative Agent's ’s or any Bank's ’s involvement in the preparation of such documents; and (gvii) all references to a time of day shall mean the time then prevailing in New YorkBoston, New YorkMassachusetts, unless otherwise indicated.

Appears in 1 contract

Samples: Revolving Credit Agreement (Ross Stores Inc)

Terms of General Application. For all purposes of this Agreement and the other Loan Security Documents, except as otherwise expressly provided herein or therein or unless the context otherwise requires: (ai) references to any Person defined in this Agreement refer to such Person and its successor in title and permitted assigns oror (as the case may be) his successors, for natural persons, such Person's successorsassigns, heirs, executors, administrators and other legal representatives; (bii) references to any agreement, instrument or document defined in this Agreement refer to such document as originally executed, or if subsequently varied, extended, renewed, modified, amended, restated or supplemented from time to time, as so varied, extended, renewed, modified, amended, restated or supplemented and in effect at the relevant time of reference thereto; (ciii) words importing the singular only shall include the plural and vice versa, and the words importing the masculine gender shall include the feminine gender and vice versa, and all references to dollars, $, U.S. Dollars or United States Dollars, shall be to Dollars; (div) accounting terms not otherwise defined in this Agreement or any of the other Loan Security Documents have the meanings assigned to them in accordance with GAAP, on a basis consistent with the financial statements referred to in Section 4.7 of this Agreement; (ev) all financial statements and other financial information provided by the Borrower and each other member of the Borrower Affiliated Group Group, to the Administrative Agent or any Bank shall be provided with reference to Dollars; (fvi) all of the obligations of the Borrower Affiliated Group under this Agreement and each other Security Document shall be the joint and several obligations of each member of the Borrower Affiliated Group; and (vii) this Agreement and the other Loan Documents are the result of negotiation among, and have been reviewed by counsel to, among others, the Borrower Affiliated Group and the Administrative Agent and are the product of discussions and negotiations among all parties. Accordingly, this Agreement and the other Loan Documents are not intended to be construed against the Administrative Agent or any of the Banks merely on account of the Administrative Agent's ’s or any Bank's ’s involvement in the preparation of such documents; and (g) all references to a time of day shall mean the time then prevailing in New York, New York, unless otherwise indicated.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Mac-Gray Corp)

AutoNDA by SimpleDocs

Terms of General Application. For all purposes of this Agreement and the other Loan Security Documents, except as otherwise expressly provided herein or therein or unless the context otherwise requires: (ai) references to any Person defined in this Agreement refer to such Person and its successor in title and permitted assigns oror (as the case may be) his successors, for natural persons, such Person's successorsassigns, heirs, executors, administrators and other legal representatives; (bii) references to any agreement, instrument or document defined in this Agreement refer to such document as originally executed, or if subsequently varied, extended, renewed, modified, amended, restated or supplemented from time to time, as so varied, extended, renewed, modified, amended, restated or supplemented and in effect at the relevant time of reference thereto; (ciii) words importing the singular only shall include the plural and vice versaVICE VERSA, and the words importing the masculine gender shall include the feminine gender and vice versaVICE VERSA, and all references to dollars, $, U.S. Dollars or United States Dollars, shall be to Dollars; (div) accounting terms not otherwise defined in this Agreement or any of the other Loan Security Documents have the meanings assigned to them in accordance with GAAP, on a basis consistent with the financial statements referred to in Section 4.7 of this Agreement; (ev) all financial statements and other financial information provided by the Borrower and each other member of the Borrower Affiliated Group Group, to the Administrative Agent or any Bank shall be provided with reference to Dollars; (fvi) all of the obligations of the Borrower Affiliated Group under this Agreement and each other Security Document shall be the joint and several obligations of each member of the Borrower Affiliated Group; and (vii) this Agreement and the other Loan Documents are the result of negotiation among, and have been reviewed by counsel to, among others, the Borrower Affiliated Group and the Administrative Agent and are the product of discussions and negotiations among all parties. Accordingly, this Agreement and the other Loan Documents are not intended to be construed against the Administrative Agent or any of the Banks merely on account of the Administrative Agent's or any Bank's involvement in the preparation of such documents; and (g) all references to a time of day shall mean the time then prevailing in New York, New York, unless otherwise indicated.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Mac-Gray Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!