Construction. Unless the context otherwise requires, references to:
(a) this Agreement shall be construed as references to this Agreement as supplemented, amended or restated from time to time;
(b) a Party or any other person includes its successors in title or permitted transferee;
(c) Clauses", “Sub-clauses” and “Recitals” shall be construed as references to clauses, sub-clauses and recitals respectively of this Agreement; and
(d) words importing the singular shall include the plural and vice-versa.
Construction. The principles of interpretation and construction set out in Part 2 of Schedule 1 (Definitions and Interpretation) of this Agreement shall apply to this Agreement.
Construction. (a) Capitalised terms defined in the Facility Agreement have, unless expressly defined in this Guarantee, the same meaning in this Guarantee.
(b) The provisions of Clause 1.2 (Construction) of the Facility Agreement apply to this Guarantee as though they were set out in full in this Guarantee, except that references to the Facility Agreement are to be construed as references to this Guarantee.
2. Guarantee and indemnity
(a) guarantees to each Finance Party the punctual performance by the Borrower of all of the Borrower's payment obligations under the Facility Agreement (the Borrower's Obligations);
(b) undertakes with the Finance Parties that whenever the Borrower does not pay any amount comprised in the Borrower's Obligations when due, the Guarantor will immediately on demand pay that amount as if it were the principal obligor; and
(c) agrees with the Finance Parties that if, for any reason (including unenforceability or illegality of any of the Borrower's Obligations), any amount claimed hereunder is not recoverable on the basis of a guarantee, it will, as an independent and primary obligation, indemnify the Finance Parties on demand against any cost, loss or liability it incurs as a result of the Borrower not paying any amount which would, but for such reason, have been payable by it on the date when it would have been due. The amount payable by the Guarantor under this indemnity will not exceed the amount it would have had to pay hereunder if the amount claimed had been recoverable on the basis of a guarantee.
Construction. (a) Unless a contrary indication appears any reference in this Agreement to:
(i) the "Agent", any "Mandated Lead Arranger", any "Finance Party", any "Lender", the "Borrower" or any "Party" 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 Finance Documents;
Construction. (a) Unless a contrary indication appears any reference in this Agreement to:
(i) the „Agent”, any „Mandated Lead Arranger”, any „Finance Party”, any „Lender”, the „Borrower” or any „Party” 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 Finance Documents;
(ii) „assets” includes present and future properties, revenues and rights of every description;
(iii) a „Finance Document” or any other agreement or instrument (including the Sinosure Policy) is a reference to that Finance Document or other agreement or instrument (including the Sinosure Policy) as amended, novated, supplemented, extended, replaced or restated;
(iv) a „group of Lenders” includes all the Lenders;
(v) „indebtedness” includes any obligation (whether incurred as principal or as surety) for the payment or repayment of money, whether present or future, actual or contingent;
(vi) a „person” includes any individual, firm, company, corporation, government, state or agency of a state or any association, trust, joint venture, consortium, partnership or other entity (whether or not having separate legal personality);
(vii) a „regulation” includes any regulation, rule, official directive, request or guideline (whether or not having the force of law) of any governmental, intergovernmental or supranational body, agency, department or of any regulatory, self-regulatory or other authority or organisation;
(viii) an „agency” of a state shall be construed as a reference to any political sub-division, regional or municipal government, ministry, department, authority or statutory corporation (whether autonomous or not) of or any corporation or other entity which is controlled or (as to fifty per cent. or more of its issued share capital or the equivalent thereof) owned, directly or indirectly, by such state or its government and/or one or more such agencies;
(ix) a provision of law is a reference to that provision as amended or re-enacted;
(x) the „equivalent” of an amount specified in a particular currency (the „specified currency amount”) shall be construed as a reference to the amount of the other relevant currency which can be exchanged at the middle rate of exchange with the specified currency amount as published by the NBS at the time the calculation falls to be made; and
(xi) a time of day is a reference to Luxembourg time.
(b) The determination of the extent to which a rate is „for a period equa...
Construction. Unless the context otherwise requires, references to: 1 http://eeas.europa.eu/headquarters/headquarters-homepage/8442/consolidated-list-sanctions_en. - this Agreement shall be construed as references to this Agreement as supplemented, amended or restated from time to time; - a Party or any other person includes its successors in title or permitted transferee; - "Clauses", “Sub-clauses” and “Recitals” shall be construed as references to clauses, sub-clauses and recitals respectively of this Agreement; and - words importing the singular shall include the plural and vice-versa.
Construction. Words and expressions used in the Framework Agreement shall be construed pursuant to the provisions of Schedule 2 (Definitions & Construction) of the Framework Agreement, unless a contrary indication appears.
Construction. Unless the context otherwise requires, references to: 1 http://eeas.europa.eu/headquarters/headquarters-homepage/8442/consolidated-list-sanctions_en.
(i) this Agreement shall be construed as references to this Agreement as supplemented, amended or restated from time to time;
(ii) a Party or any other person includes its successors in title or permitted transferee;