Common use of Certain Expressions Clause in Contracts

Certain Expressions. The terms “including” or “includes” shall, when used in this Agreement, be construed to mean including or includes without limitation. References to “herein”, “hereby”, “hereunder”, “hereof” and similar expressions are references to this Agreement as a whole and not to any particular Article or Section of this Agreement. A Person shall be deemed to “control” another Person if such Person possesses, directly or indirectly, the power to direct or cause the direction of the management and policies of such other Person, whether through the ownership of voting securities, by contract or otherwise; and the term “controlled” shall have a similar meaning.

Appears in 2 contracts

Sources: Arrangement Agreement (Motricity Inc), Arrangement Agreement (Motricity Inc)