2Interpretation. The interpretation and construction of the Contract shall be subject to the following provisions:
2Interpretation. Save to the extent that the context or the express provisions of this Agreement otherwise require:
(a) headings and sub‑headings are for ease of reference only and shall not be taken into consideration in the interpretation or construction of this Agreement;
(b) all references to Clauses and Schedules are references to Clauses of and Schedules to this Agreement and all references to Parts, paragraphs or Annexes are references to Parts and paragraphs contained in and Annexes to the Schedules;
(c) the Schedules (including any Annexes thereto) to this Agreement are an integral part of this Agreement and reference to this Agreement includes reference thereto and reference to any Schedule includes reference to any Annex thereto;
(d) all references to any contract (including this Agreement), document or other instrument include (subject to all relevant approvals and any other provision of this Agreement expressly concerning such contract, document or other instrument) a reference to that contract, document or instrument as amended, supplemented, substituted, novated or assigned;
(e) all references to any statute or statutory provision (including any subordinate legislation) shall include references to any statute or statutory provision which amends, extends, consolidates or replaces the same or which has been amended, extended, consolidated or replaced by the same and shall include any orders, regulations, codes of practice, instruments or other subordinate legislation made under the relevant statute;
(f) all references to time of day shall be a reference to whatever time of day shall be in force in England and Wales;
(g) the words “herein”, “hereto” and “hereunder” refer to this Agreement as a whole and not to the particular Clause, Schedule, Part, paragraph or Annex in which such word may be used;
2Interpretation. In interpreting this Agreement, except as otherwise indicated in this Agreement or as the context may otherwise require, (a) the words “include,” “includes,” and “including” are deemed to be followed by “without limitation” whether or not they are in fact followed by those words or words of similar import, (b) the words “hereof,” “herein,” “hereunder,” and comparable terms refer to the entirety of this Agreement, including the Appendix or Exhibits, and not to any particular Article, Section, or other subdivision of this Agreement or Appendix or Exhibit to this Agreement, (c) any pronoun shall include the corresponding masculine, feminine, and neuter forms, (d) the singular includes the plural and vice versa, (e) references to any agreement (including this Agreement) or other document are to the agreement or document as amended, modified, supplemented, and restated now or from time to time in the future, (f) references to any Law are to it as amended, modified, supplemented, and restated now or from time to time in the future, and to any corresponding provisions of successor Laws, (g) except as otherwise expressly provided in this Agreement, references to an “Article,” “Section,” “preamble,” “recital,” or another subdivision, or to the “Appendix” or an “Exhibit,” are to an Article, Section, preamble, recital or subdivision of this Agreement, or to the “Appendix” or an “Exhibit” to this Agreement, (h) references to any Person include the Person’s respective successors and permitted assigns, (i) references to “dollars” or “
2Interpretation. Unless stated to the contrary or the context requires otherwise, in this Agreement (including its preamble and its schedules):
(a) a reference to a Clause or a Schedule is a reference to a clause or a schedule to this Agreement;
(b) a reference to this Agreement shall include its preamble and schedules;
(c) the index and the headings are for convenience or reference only and shall not be used in construing this Agreement;
(d) words appearing in a language other than English shall have the meaning ascribed to them under the law of the corresponding jurisdiction and such meaning shall prevail over their translation into English, if any;
(e) a reference to set-off shall include corresponding rights and powers under applicable law;
(f) a reference to an Originator, a Servicer, the Transaction Administrator, the Performance Guarantor, the Purchaser, MBCC or any other person shall be construed so as to include its successors in title, permitted assigns and permitted transferees to, or of its rights and/or obligations under the Transaction Documents;
(g) a reference to a Transaction Document or any other agreement or instrument is a reference to that Transaction Document or other agreement or instrument as amended, novated, supplemented, extended or restated;
(h) a reference to a provision of law (including without limitation any sanctions laws, regulations or restrictive measures) shall mean such provision, as amended, supplemented, substituted or re-enacted from time to time;
(i) a reference to Parties shall be constructed as reference to the parties to the Agreement; and Party means any of the Parties;
(j) a reference to a time of day shall be construed as a reference to time in Belgium; and
(k) all periods of time shall be calculated from midnight to midnight. They shall start on the day following the day on which the event triggering the relevant period of time has occurred. The expiration date shall be included in the period of time. If the expiration date is not a Business Day, the expiration date shall be postponed until the next Business Day. Unless otherwise provided herein, all periods of time shall be calculated in calendar days. All periods of time consisting of a number of months (or years) shall be calculated from the day in the month (or year) when the triggering event has occurred until the eve of the same day in the following month(s) (or year(s)).
1. 3Spanish terms
(a) an “insolvency proceeding” includes a declaración de concurso, con independe...
2Interpretation. In this agreement, unless otherwise indicated by the context:
(a) words importing the singular include the plural and vice versa;
(b) headings are for convenience only and do not affect interpretation of this Licence;
(c) a reference to a clause, paragraph or schedule is a reference to a clause, paragraph or schedule of this Licence;
(d) where any word or phrase is given a definite meaning in this Licence, any part of speech or other grammatical form of that word or phrase has a corresponding meaning;
(e) a reference to a statute, statutory provision or regulation includes all amendments, consolidations or replacements thereof;
(f) a reference to a party to a document includes that party’s legal personal representatives, successors and permitted assigns; and
(g) a reference to a body, whether statutory or not:
(i) which ceases to exist;
(ii) whose powers or functions are transferred to another body; or
(iii) is a reference to the body which replaces it or which substantially succeeds to its powers or functions.
2Interpretation. When a reference is made in this Agreement to a Section, Article or Exhibit, such reference shall be to a Section, Article or Exhibit of this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement or in any Exhibit are for convenience of reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. All words used in this Agreement will be construed to be of such gender or number as the circumstances require. Any capitalized terms used in any Exhibit but not otherwise defined therein shall have the meaning as defined in this Agreement. All Exhibits annexed hereto or referred to herein are hereby incorporated in and made a part of this Agreement as if set forth herein. The word “including” and words of similar import when used in this Agreement will mean “including, without limitation,” unless otherwise specified. The words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to the Agreement as a whole and not to any particular provision in this Agreement. The term “or” is not exclusive. The word “will” shall be construed to have the same meaning and effect as the word “shall.” The word “
2Interpretation. (a) In the case of this Agreement and each other Loan Document, (i) the meanings of defined terms are equally applicable to the singular and plural forms of the defined terms; (ii) Annex, Exhibit, Schedule and Section references are to such Loan Document unless otherwise specified; (iii) the term “including” is not limiting and means “including but not limited to”; (iv) in the computation of periods of time from a specified date to a later specified date, the word “from” means “from and including”; the words “to” and “until” each mean “to but excluding”, and the word “through” means “to and including”; (v) unless otherwise expressly provided in such Loan Document, (A) references to agreements and other contractual instruments shall be deemed to include all subsequent amendments, restatements and other modifications thereto, but only to the extent such amendments, restatements and other modifications are not prohibited by the terms of any Loan Document, and (B) references to any statute, directive or regulation shall be construed as including all statutory and regulatory provisions amending, replacing, supplementing or interpreting such statute, directive or regulation; (vi) this Agreement and the other Loan Documents may use several different limitations, tests or measurements to regulate the same or similar matters, all of which are cumulative and each shall be performed in accordance with its terms and (vii) this Agreement and the other Loan Documents are the result of negotiations among and have been reviewed by counsel to Agent, Xxxxxxxx, Lenders and the other parties hereto and thereto and are the products of all parties; accordingly, they shall not be construed against Borrower, Agent or Lenders merely because of Xxxxxxxx’s, Agent’s or Lenders’ involvement in their preparation. Except where otherwise expressly provided in the Loan Documents, in any instance where the approval, consent or the exercise of Agent’s judgment is required, the granting or denial of such approval or consent and the exercise of such judgment shall be (x) within the sole and absolute discretion of Agent and/or Lenders; and (y) deemed to have been given only by a specific writing intended for such purpose executed by Agent.
(b) For purposes of converting any amount denominated in any currency other than Dollars to Dollars under or in connection with the Loan Documents, Agent shall calculate such currency conversion using the current Spot Rate.
(c) If at any time any change in G...
2Interpretation. The following rules of interpretation shall apply:
2Interpretation. In this contract, unless the context otherwise requires:
(a) the singular includes the plural and vice versa;
(b) any one gender includes the other;
(c) all headings are for convenience of reference only and shall not be used in the construction of this contract;
2Interpretation. In this Agreement unless the context otherwise requires:
