Common use of General Rules of Interpretation Clause in Contracts

General Rules of Interpretation. (i) A reference to any document or agreement shall include such document or agreement as amended, modified or supplemented from time to time in accordance with its terms or the terms of this Credit Agreement. (ii) The singular includes the plural and the plural includes the singular. (iii) A reference to any law includes any amendment or modification to such law. (iv) A reference to any Person includes its permitted successors and permitted assigns. (v) Accounting terms not otherwise defined herein have the meanings assigned to them by GAAP applied on a consistent basis by the accounting entity to which they refer. Except as otherwise specifically provided herein, (i) all computations made pursuant to this Credit Agreement shall be made in accordance with GAAP, and (ii) all financial statements shall be prepared in accordance with GAAP. (vi) The words “include”, “includes” and “including” are not limiting. (vii) All terms not specifically defined herein or by GAAP, which terms are defined in the Uniform Commercial Code as in effect in New York, have the meanings assigned to them therein. (viii) Reference to a particular “§” refers to that section of this Credit Agreement unless otherwise indicated. (ix) The words “herein”, “hereof”, “hereunder” and words of like import shall refer to this Credit Agreement as a whole and not to any particular section or subdivision of this Credit Agreement. (x) Any provision granting any right to any Borrower or any Subsidiary of a Borrower during the continuance of (a) an Event of Default shall not modify, limit, waive or estopp the rights of the Lenders during the continuance of such Event of Default, including the rights of the Lenders to accelerate the Loans under §13.1 and the rights of the Lenders under §§13.2 or 13.3, or (b) a Default, shall not extend the time for curing same or modify any otherwise applicable notice regarding same.

Appears in 1 contract

Sources: Revolving Credit and Term Loan Agreement (Life Storage Lp)

General Rules of Interpretation. Unless otherwise explicitly stated in this Agreement: (i) A reference to any document or agreement capitalized terms used in this Agreement shall include such document or agreement as amended, modified or supplemented from time to time have the respective meanings set forth in accordance with its terms or the terms of this Credit Agreement. Article I; (ii) The the singular includes shall include the plural and the plural includes the singular. vice versa; (iii) A reference to any law includes any amendment the word “including” (or modification to such law. “include” or similar constructions) shall mean “including, without limitation”, in all instances; (iv) A reference the use of “including, without limitation” or similar constructions shall not be construed to differ in any Person includes its permitted successors and permitted assigns. way from the use of “including,” include(s)” or similar constructions; (v) Accounting terms not otherwise defined herein have the meanings assigned references to them by GAAP applied on a consistent basis by the accounting entity to which they refer. Except as otherwise specifically provided herein“Sections”, (i) all computations made pursuant to this Credit Agreement “Schedules”, and “Exhibits” shall be made in accordance with GAAPto sections, schedules and exhibits of this Agreement (ii) all financial statements and section references shall be prepared in accordance with GAAP. refer to the body of this Agreement unless the context otherwise requires); (vi) The words “include”, “includes” and “including” are not limiting. (vii) All terms not specifically defined herein or by GAAP, which terms are defined in the Uniform Commercial Code as in effect in New York, have the meanings assigned to them therein. (viii) Reference to a particular “§” refers to that section of this Credit Agreement unless otherwise indicated. (ix) The words “herein”, “hereof”, ” and “hereunder” and words of like import shall refer to this Credit Agreement (or the certificate or other document in which they are used) as a whole and not to any particular section or subdivision of subsection hereof (or such certificate or document); (vii) references to this Credit Agreement. Agreement shall include a reference to this Agreement together with all schedules and exhibits hereto, as the same may be amended, modified or supplemented at any time and from time to time; (viii) words “shall” and “will” have the same meaning; (ix) references to any person include that person’s successors and assigns (without affecting any limitations, restrictions or prohibitions on assignment); (x) Any provision granting any right reference to any Borrower or any Subsidiary of “days” means “calendar days” unless otherwise defined; (xi) in the event that a Borrower during the continuance of notice is to be given on a specified day, unless otherwise specifically provided herein, it must be given prior to 6:00 p.m. prevailing local time in Dallas, Texas; (axii) an Event of Default headings are for reference purposes only and shall not modifyin any manner affect the meaning, limitinterpretation or effect of any provision hereof; (xiii) all monetary amounts described in this Agreement, waive or estopp the rights and all payments made hereunder, refer to and shall be paid in United States Dollars; and (xiv) “or” is not exclusive. Where used in this Agreement, [***] ​ Inclusion of the Lenders during the continuance of such Event of Default, including the rights of the Lenders to accelerate the Loans under §13.1 and the rights of the Lenders under §§13.2 or 13.3, or (b) a Default, shall not extend the time for curing same or modify any otherwise applicable notice regarding same.Affiliates. Network Services Agreement ‌ 15 ​ ​​ ​

Appears in 1 contract

Sources: Network Services Agreement (DISH Network CORP)

General Rules of Interpretation. (i) A reference to any document or agreement shall include such document or agreement as amended, modified or supplemented from time to time in accordance with its terms or the terms of this Credit Agreement. (ii) The singular includes the plural and the plural includes the singular. (iii) A reference to any law includes any amendment or modification to such law. (iv) A reference to any Person includes its permitted successors and permitted assigns. (v) Accounting terms not otherwise defined herein have the meanings assigned to them by GAAP applied on a consistent basis by the accounting entity to which they refer. Except as otherwise specifically expressly provided hereinin this Agreement or unless the context clearly requires otherwise, (i) all computations made pursuant to this Credit Agreement shall be made in accordance with GAAP, and (ii) all financial statements shall be prepared in accordance with GAAP. (vi) The words “include”, “includes” and “including” are not limiting. (vii) All the terms not specifically defined herein or by GAAP, which terms are defined in this Section include the Uniform Commercial Code plural as well as the singular; the words "hereof," "herein," "hereunder," "in effect in New York, have the meanings assigned to them therein. (viii) Reference to a particular “§” refers to that section of this Credit Agreement unless otherwise indicated. (ix) The words “herein”, “hereof”, “hereunder” Agreement" and other words of like similar import shall refer to this Credit Agreement as a whole and not to any particular Section or other subdivision; and references in this Agreement to Sections, Schedules, and Exhibits refer to Sections of and Schedules and Exhibits to this Agreement. Whenever the words "include," "includes," or "including" are used in this Agreement, they shall be deemed to be followed by the words "without limitation". Unless otherwise stated, references to Subsections refer to the Subsections of the Section in which the reference appears. All pronouns used in this Agreement include the masculine, feminine and neuter gender, as the context requires. Whenever any agreement, promissory note or other instrument or document is defined in this Agreement, such definition shall be deemed to mean and include, from and after the date of any related amendment, restatement or modification, such agreement, promissory note or other instrument or document as so amended, restated or modified. Each term not otherwise expressly defined in this Agreement that is defined in the UCC shall have the meaning assigned to such term in the UCC. In the case of a conflict between the terms of the Borrowing Base Certificate or the Compliance Certificate and the terms of this Agreement (excluding the Exhibits and Schedules), the terms of this Agreement (excluding the Exhibits and Schedules) shall control. A reference to any Act of Parliament of the Commonwealth of Australia or to any section or subdivision of this Credit Agreement. (x) Any provision granting any right to any Borrower thereof shall be read as if the words "or any Subsidiary of a Borrower during the continuance of (a) an Event of Default shall not modify, limit, waive statutory modification or estopp the rights of the Lenders during the continuance of re-enactment thereof or any statutory provision substituted therefore" were added to such Event of Default, including the rights of the Lenders to accelerate the Loans under §13.1 and the rights of the Lenders under §§13.2 or 13.3, or (b) a Default, shall not extend the time for curing same or modify any otherwise applicable notice regarding samereference.

Appears in 1 contract

Sources: Credit Agreement (Trendwest Resorts Inc)