Common use of Interpretation; Absence of Presumption Clause in Contracts

Interpretation; Absence of Presumption. For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms “hereof,” “herein,” and “herewith” and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section, paragraph or other references are to the Sections, paragraphs, or other references to this Agreement unless otherwise specified, (iii) the word “including” and words of similar import when used in this Agreement shall mean “including, without limitation,” unless the context otherwise requires or unless otherwise specified, (iv) the word “or” shall not be exclusive and (v) provisions shall apply, when appropriate, to successive events and transactions. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments to be drafted.

Appears in 27 contracts

Sources: Registration Rights Agreement (Retail Opportunity Investments Partnership, LP), Registration Rights Agreement (Retail Opportunity Investments Partnership, LP), Registration Rights Agreement (Retail Opportunity Investments Partnership, LP)

Interpretation; Absence of Presumption. (a) For the purposes hereof, : (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, ; (ii) the terms “hereof,” “herein,” and “herewith” and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section, Section and paragraph or other references are to the Sections, paragraphs, or other references to Sections and paragraphs in this Agreement unless otherwise specified, ; (iii) the word “including” and words of similar import when used in this Agreement shall mean “including, without limitation,” unless the context otherwise requires or unless otherwise specified, ; and (iv) the word “or” shall not be exclusive and exclusive. (vb) provisions shall apply, when appropriate, to successive events and transactions. This Agreement shall be construed without With regard to each and every term and condition of this Agreement, the parties hereto understand and agree that the same have or has been mutually negotiated, prepared and drafted, and if at any presumption time the parties hereto desire or rule requiring construction are required to interpret or interpretation against construe any such term or condition, no consideration will be given to the issue of which party drafting hereto actually prepared, drafted or causing requested any instruments to be draftedterm or condition of this Agreement.

Appears in 19 contracts

Sources: Registration Rights Agreement (Comtech Telecommunications Corp /De/), Registration Rights Agreement (Comtech Telecommunications Corp /De/), Registration Rights Agreement (Comtech Telecommunications Corp /De/)

Interpretation; Absence of Presumption. For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms "hereof,” “", "herein,” ", and "herewith" and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section, paragraph or other references are to the Sections, paragraphs, or other references to this Agreement unless otherwise specified, (iii) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless the context otherwise requires or unless otherwise specified, (iv) the word "or" shall not be exclusive exclusive, and (v) provisions shall apply, when appropriate, to successive events and transactions. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments instrument to be drafted.

Appears in 11 contracts

Sources: Registration Rights Agreement (Fac Realty Trust Inc), Stock Purchase Agreement (Arv Assisted Living Inc), Registration Rights Agreement (Arv Assisted Living Inc)

Interpretation; Absence of Presumption. (a) For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms "hereof,” “" "herein," and "herewith" and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and SectionArticle, Section and paragraph or other references are to the SectionsArticles, paragraphs, or other references Sections and paragraphs to this Agreement unless otherwise specified, (iii) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless the context otherwise requires or unless otherwise specified, (iv) the word "or" shall not be exclusive exclusive, and (v) provisions shall apply, when appropriate, to successive events and transactions. . (b) This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments instrument to be drafted.

Appears in 9 contracts

Sources: Stockholders Agreement (Vantas Inc), Stockholders' Agreement (Earthwatch Inc), Stockholders Agreement (Frontline Capital Group)

Interpretation; Absence of Presumption. For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms “hereof,” “herein,” and “herewith” and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and Sectionsection, paragraph or other references are to the Sectionssections, paragraphs, or other references to this Agreement unless otherwise specified, (iii) the word “including” and words of similar import when used in this Agreement shall mean “including, without limitation,” unless the context otherwise requires or unless otherwise specified, (iv) the word “or” shall not be exclusive and (v) provisions shall apply, when appropriate, to successive events and transactions. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments to be drafted.

Appears in 8 contracts

Sources: Registration Rights Agreement (HC Government Realty Trust, Inc.), Registration Rights Agreement (HC Government Realty Trust, Inc.), Registration Rights Agreement (SmartStop Self Storage, Inc.)

Interpretation; Absence of Presumption. (a) For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms “hereof,” “herein,” and “herewith” and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and SectionArticle, Section and paragraph or other references are to the SectionsArticles, paragraphs, or other references Sections and paragraphs to this Agreement unless otherwise specified, (iii) the word “including” and words of similar import when used in this Agreement shall mean “including, without limitation,” unless the context otherwise requires or unless otherwise specified, (iv) the word “or” shall not be exclusive exclusive, and (v) provisions shall apply, when appropriate, to successive events and transactions. . (b) This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments instrument to be drafted.

Appears in 6 contracts

Sources: Stockholders’ Agreement (Digitalglobe Inc), Shareholder Agreements (Carramerica Realty Corp), Voting Agreement (FBR Capital Markets Corp)

Interpretation; Absence of Presumption. (a) For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms "hereof,” “" "herein," and "herewith" and words of similar import shallimport, unless otherwise stated, be construed to refer to this Agreement as a whole (including all of the Exhibits hereto) and not to any particular provision of this Agreement, and Section, paragraph or other paragraph, and Exhibit references are to the Sections, paragraphs, or other references paragraphs and Exhibits in and to this Agreement unless otherwise specified, (iii) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation,” unless the context otherwise requires or " unless otherwise specified, and (iv) the word "or" shall not be exclusive and exclusive, but means "and/or." (vb) provisions shall apply, when appropriate, to successive events and transactions. This Agreement shall will be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments instrument to be drafted.

Appears in 6 contracts

Sources: Shareholder Rights Agreement (Morgans Foods Inc), Shareholder Rights Agreement (Morgans Foods Inc), Shareholder Rights Agreement (Boykin Lodging Co)

Interpretation; Absence of Presumption. (a) For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms "hereof,” “", "herein,” ", and "herewith" and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and SectionArticle, Section and paragraph or other references are to the SectionsArticles, Sections and paragraphs, or other references to of this Agreement unless otherwise specified, (iii) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless the context otherwise requires or unless otherwise specified, (iv) the word "or" shall not be exclusive exclusive, and (v) provisions shall apply, when appropriate, to successive events and transactions. . (b) This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments instrument to be drafted.

Appears in 4 contracts

Sources: Stockholders' Agreement (Gottschalks Inc), Stockholders' Agreement (Gottschalks Inc), Stockholders' Agreement (Levy Joseph)

Interpretation; Absence of Presumption. (a) For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms "hereof,” “", "herein,” ", and "herewith" and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section, paragraph or other references are to the Sections, paragraphs, or other references to this Agreement unless otherwise specified, (iii) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless the context otherwise requires or unless otherwise specified, (iv) the word "or" shall not be exclusive exclusive, and (v) provisions shall apply, when appropriate, to successive events and transactions. . (b) This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments instrument to be drafted.

Appears in 3 contracts

Sources: Contingent Value Right Agreement (Fac Realty Trust Inc), Stock Purchase Agreement (Prometheus Southeast Retail LLC), Contingent Value Right Agreement (Prometheus Southeast Retail LLC)

Interpretation; Absence of Presumption. For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms "hereof,” “" "herein," and "herewith" and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section, paragraph or other references are to the Sections, paragraphs, or other references to this Agreement unless otherwise specified, (iii) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless the context otherwise requires or unless otherwise specified, (iv) the word "or" shall not be exclusive exclusive, and (v) provisions shall apply, when appropriate, to successive events and transactions. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments to be drafted.

Appears in 3 contracts

Sources: Registration Rights Agreement (Robotic Vision Systems Inc), Registration Rights Agreement (Robotic Vision Systems Inc), Registration Rights Agreement (Robotic Vision Systems Inc)

Interpretation; Absence of Presumption. (a) For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms “hereof,” “herein,” and “herewith” and words of similar import shallimport, unless otherwise stated, be construed to refer to this Agreement as a whole (including all of the Exhibits hereto) and not to any particular provision of this Agreement, and Section, paragraph or other paragraph, and Exhibit references are to the Sections, paragraphs, or other references paragraphs and Exhibits in and to this Agreement unless otherwise specified, (iii) the word “including” and words of similar import when used in this Agreement shall mean “including, without limitation,” unless the context otherwise requires or unless otherwise specified, and (iv) the word “or” shall not be exclusive and exclusive, but means “and/or.” (vb) provisions shall apply, when appropriate, to successive events and transactions. This Agreement shall will be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments instrument to be drafted.

Appears in 2 contracts

Sources: Shareholder Rights Agreement (Morgans Foods Inc), Shareholder Rights Agreement (Associated Estates Realty Corp)

Interpretation; Absence of Presumption. (a) For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms “hereof,” “herein,” and “herewith” and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and SectionArticle, Section and paragraph or other references are to the SectionsArticles, paragraphs, or other references Sections and paragraphs to this Agreement unless otherwise specified, (iii) the word “including” and words of similar import when used in this Agreement shall mean “including, without limitation,” unless the context otherwise requires or unless otherwise specified, (iv) the word “or” shall not be exclusive exclusive, and (v) provisions shall apply, when appropriate, to successive events and transactions. . (b) This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party Party drafting or causing any instruments instrument to be drafted.

Appears in 2 contracts

Sources: Voting Agreement (FBR Capital Markets Corp), Voting Agreement (Friedman Billings Ramsey Group Inc)

Interpretation; Absence of Presumption. For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms “hereof,” ”, “herein,” ”, and “herewith” and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section, paragraph or other references are to the Sections, paragraphs, or other references to this Agreement unless otherwise specified, (iii) the word “including” and words of similar import when used in this Agreement shall mean “including, without limitation,” unless the context otherwise requires or unless otherwise specified, (iv) the word “or” shall not be exclusive exclusive, and (v) provisions shall apply, when appropriate, to successive events and transactions. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments instrument to be drafted.

Appears in 2 contracts

Sources: Registration Rights Agreement (Pan Pacific Retail Properties Inc), Registration Rights Agreement (Pan Pacific Retail Properties Inc)

Interpretation; Absence of Presumption. For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms "hereof,” “", "herein,” " and "herewith", and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section, paragraph or other Article and Section references are to the Sections, paragraphs, or other references to Articles and Sections of this Agreement unless otherwise specified, (iii) the word "including" and words of similar import when used in this Agreement shall mean “including, "including without limitation," unless the context otherwise requires or unless otherwise specified, (iv) the word "or" shall not be exclusive and (v) provisions shall apply, when appropriate, to successive events and transactions. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments instrument to be drafted.

Appears in 2 contracts

Sources: Investment Agreement (Lazard Freres Real Estate Investors LLC), Merger Agreement (United Dominion Realty Trust Inc)

Interpretation; Absence of Presumption. For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms "hereof,” “" "herein," and "herewith" and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section, paragraph or other references are to the Sections, paragraphs, or other references to this Agreement unless otherwise specified, (iii) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless the context otherwise requires or unless otherwise specified, (iv) the word "or" shall not be exclusive and (v) provisions shall apply, when appropriate, to successive events and transactions. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments to be drafted.

Appears in 2 contracts

Sources: Registration Rights Agreement (Vintage Wine Trust Inc), Registration Rights Agreement (Feldman Mall Properties, Inc.)

Interpretation; Absence of Presumption. (i) For the purposes hereof, (iA) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, ; (iiB) the terms “hereof,” “herein,” “hereto” and “herewith” and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and SectionArticle, Section and paragraph or other references are to the SectionsArticles, paragraphs, or other references Sections and paragraphs to this Agreement unless otherwise specified, ; (iiiC) the word “including” and words of similar import when used in this Agreement shall mean “including, without limitation,” unless the context otherwise requires or unless otherwise specified, ; (ivD) the word “or” shall not be exclusive exclusive; and (vE) provisions shall apply, when appropriate, to successive events and transactions. . (ii) This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party Party drafting or causing any instruments instrument to be drafted. (iii) Capitalized terms used herein but not otherwise defined shall have the following meanings:

Appears in 1 contract

Sources: Corporate Governance (Landmark Apartment Trust of America, Inc.)

Interpretation; Absence of Presumption. (a) For the -------------------------------------- purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms "hereof,” “" "herein," and "herewith" and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and SectionArticle, Section and paragraph or other references are to the SectionsArticles, paragraphs, or other references Sections and paragraphs to this Agreement unless otherwise specified, (iii) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless the context otherwise requires or unless otherwise specified, (iv) the word "or" shall not be exclusive exclusive, and (v) provisions shall apply, when appropriate, to successive events and transactions. . (b) This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments instrument to be drafted.

Appears in 1 contract

Sources: Governance Agreement (Digitas Inc)

Interpretation; Absence of Presumption. For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms "hereof,” “", "herein,” " and "herewith" and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section, paragraph or other references are to the Sections, paragraphs, or other references to this Agreement unless otherwise specified, (iii) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless the context otherwise requires or unless otherwise specified, (iv) the word "or" shall not be exclusive and (v) provisions shall apply, when appropriate, to successive events and transactions. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments instrument to be drafted.

Appears in 1 contract

Sources: Registration Rights Agreement (Grove Real Estate Asset Trust)

Interpretation; Absence of Presumption. (a) For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender genders as the context requires, (ii) the terms "hereof,” “" "herein," and "herewith" and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement License as a whole and not to any particular provision of this AgreementLicense, and Section, paragraph or other Article and Section references are to the SectionsArticles and Sections of this License, paragraphs, or other references to this Agreement unless otherwise specified, (iii) the word "including" and words of similar import when used in this Agreement License shall mean "including, without limitation,” unless the context otherwise requires or " unless otherwise specified, (iv) the word "or" shall not be exclusive exclusive, and (v) provisions shall apply, when appropriate, to successive events and transactions. . (b) This Agreement License shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments instrument to be drafted.

Appears in 1 contract

Sources: License Agreement (Aviation Sales Co)

Interpretation; Absence of Presumption. (a) For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms “hereof,” “herein,” and “herewith” and words of similar import shallimport, unless otherwise stated, be construed to refer to this Agreement as a whole (including all of the exhibits hereto) and not to any particular provision of this Agreement, and Sectionsection, paragraph or other paragraph, and exhibit references are to the Sectionssections, paragraphs, or other references paragraphs and exhibits in and to this Agreement unless otherwise specified, (iii) the word “including” and words of similar import when used in this Agreement shall mean “including, without limitation,” unless the context otherwise requires or unless otherwise specified, and (iv) the word “or” shall not be exclusive and exclusive, but means “and/or.” (vb) provisions shall apply, when appropriate, to successive events and transactions. This Agreement shall will be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments instrument to be drafted.

Appears in 1 contract

Sources: Rights Agreement (Searchlight Minerals Corp.)

Interpretation; Absence of Presumption. (a) For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms "hereof,” “", "herein,” ", and "herewith" and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and SectionArticle, Section and paragraph or other references are to the SectionsArticles, paragraphs, or other references Sections and paragraphs to this Agreement unless otherwise specified, (iii) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless the context otherwise requires or unless otherwise specified, (iv) the word "or" shall not be exclusive exclusive, and (v) provisions shall apply, when appropriate, to successive events and transactions. . (b) This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments instrument to be drafted.

Appears in 1 contract

Sources: Governance Agreement (Pinault Printemps Redoute Sa Et Al)

Interpretation; Absence of Presumption. For the purposes hereofAs used in this Agreement, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender genders as the context requires, (ii) the terms “hereof,” “herein,” and “herewith” and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section, paragraph or other paragraph, Exhibit and Schedule references are to the Sections, paragraphs, or other references Exhibits and Schedules to this Agreement unless otherwise specified, (iii) the word “including” and words of similar import when used in this Agreement shall mean “including, without limitation,” unless the context otherwise requires or unless otherwise specified, (iv) the word “or” shall not be exclusive exclusive, and (v) provisions shall apply, when appropriate, to successive events and transactions. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party Party drafting or causing any instruments instrument to be drafted.

Appears in 1 contract

Sources: Master Separation Agreement (Sabin Gary B)

Interpretation; Absence of Presumption. For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms “hereof,” “herein,” and “herewith” and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section, paragraph or other references are to the Sections, paragraphs, or other references to this Agreement unless otherwise specified, (iii) the word “including” and words of similar import when used in this Agreement shall mean “including, without limitation,” unless the context otherwise requires or unless otherwise specified, (iv) the word “or” shall not be exclusive and (v) provisions shall apply, when appropriate, to successive events and transactions. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments to be drafted.

Appears in 1 contract

Sources: Registration Rights Agreement (Retail Opportunity Investments Partnership, LP)

Interpretation; Absence of Presumption. For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms "hereof,” “" "herein," and "herewith" and words of similar import shallimport, unless otherwise stated, should be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section, paragraph or other Section references are to the Sections, paragraphs, or other references to Sections of this Agreement unless otherwise specified, and (iii) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless the context otherwise requires or unless otherwise specified, (iv) the word “or” shall not be exclusive and (v) provisions shall apply, when appropriate, to successive events and transactions. This Agreement shall should be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments instrument to be drafted.

Appears in 1 contract

Sources: Registration Rights Agreement (BNP Residential Properties Inc)

Interpretation; Absence of Presumption. For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms "hereof,” “", "herein,” " and "herewith" and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section, paragraph or other references are to the Sections, paragraphs, or other references to this Agreement unless otherwise specified, (iii) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless the context otherwise requires or unless otherwise specified, (iv) the word "or" shall not be exclusive and (v) provisions shall apply, when appropriate, to successive events and transactions. This Agreement shall be construed without regard to any presumption or rule requiring construction requiringconstruction or interpretation against the party drafting or causing any instruments instrument to be drafted.

Appears in 1 contract

Sources: Registration Rights Agreement (Grove Real Estate Asset Trust)

Interpretation; Absence of Presumption. (a) For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms "hereof,” “" "herein," "hereto," and "herewith" and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and SectionArticle, Section and paragraph or other references are to the SectionsArticles, paragraphs, or other references Sections and paragraphs to this Agreement unless otherwise specified, (iii) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless the context otherwise requires or unless otherwise specified, (iv) the word "or" shall not be exclusive exclusive, and (v) provisions shall apply, when appropriate, to successive events and transactions. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments instrument to be drafted.

Appears in 1 contract

Sources: Master Agreement (Journal Register Co)

Interpretation; Absence of Presumption. For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, requires (ii) the terms "hereof,” “", "herein,” ", and "herewith" and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section, paragraph or other references are to the Sections, paragraphs, or other references to this Agreement unless otherwise specified, (iii) the word “words "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless the context otherwise requires or unless otherwise specified, (iv) the word "or" shall not be exclusive exclusive, and (v) provisions shall apply, when appropriate, to successive events and transactions. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments instrument to be drafted.

Appears in 1 contract

Sources: Agreement Regarding Exercise of Registration Rights (Ramco Gershenson Properties Trust)

Interpretation; Absence of Presumption. (a) For the purposes hereof, (i) words in the singular shall be held to include the plural and vice versa and words of one gender shall be held to include the other gender as the context requires, (ii) the terms "hereof,” “" "herein," and "herewith" and words of similar import shall, unless otherwise stated, be construed to refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section, paragraph or other references are to the Sections, paragraphs, or other references to this Agreement unless otherwise specified, (iii) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless the context otherwise requires or unless otherwise specified, (iv) the word "or" shall not be exclusive exclusive, and (v) provisions shall apply, when appropriate, to successive events and transactions. . (b) This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instruments instrument to be drafted.

Appears in 1 contract

Sources: Stockholders' Agreement (Wki Holding Co Inc)