Interpretation and Rules of Construction. In this Agreement, except to the extent otherwise provided or that the context otherwise requires: (a) when a reference is made in this Agreement to a Preamble, Article, Recital or Section, such reference is to a Preamble, Article, Recital or Section of this Agreement, unless otherwise indicated; (b) the table of contents and headings for this Agreement are for reference purposes only and do not affect in any way the meaning or interpretation of this Agreement; (c) whenever the words “include,” “includes” or “including” are used in this Agreement, they are deemed to be followed by the words “without limitation;” (d) the words “hereof,” “herein” and “hereunder” and words of similar import, when used in this Agreement, refer to this Agreement as a whole and not to any particular provision of this Agreement; (e) the definitions of terms contained in this Agreement are applicable to the singular as well as the plural forms of such terms; (f) any Law defined or referred to herein or in any agreement or instrument that is referred to herein means such Law or statute as from time to time amended, modified or supplemented, including by succession of comparable successor Laws; (g) references to a Person are also to its successors and permitted assigns; and (h) the use of “or” is not intended to be exclusive unless expressly indicated otherwise.
Appears in 4 contracts
Sources: Investor Rights Agreement (Communication Intelligence Corp), Investor Rights Agreement (Communication Intelligence Corp), Investor Rights Agreement (Phoenix Venture Fund LLC)
Interpretation and Rules of Construction. In this Agreement, except to the extent otherwise provided or that the context otherwise requires:
(a) when a reference is made in this Agreement to a Preamble, an Article, Recital Recital, Section or SectionExhibit, such reference is to a Preamble, an Article, Recital or Section of of, or an Exhibit to, this Agreement, Agreement unless otherwise indicated;
(b) the table of contents and headings for this Agreement are for reference purposes only and do not affect in any way the meaning or interpretation of this Agreement;
(c) whenever the words “include,” “includes” or “including” are used in this Agreement, they are deemed to be followed by the words “without limitation;”
(d) the words “hereof,” “herein” and “hereunder” and words of similar import, when used in this Agreement, refer to this Agreement as a whole and not to any particular provision of this Agreement;
(e) the definitions of terms contained in this Agreement are applicable to the singular as well as the plural forms of such terms;
(f) any Law defined or referred to herein or in any agreement or instrument that is referred to herein means such Law or statute as from time to time amended, modified or supplemented, including by succession of comparable successor Laws;
(g) references to a Person are also to its successors and permitted assigns; and
(h) the use of “or” is not intended to be exclusive unless expressly indicated otherwise.
Appears in 4 contracts
Sources: Stockholder Agreement (China Investment Corp), Stock Purchase Agreement (China Investment Corp), Stockholder Agreement (Aes Corp)
Interpretation and Rules of Construction. In this Agreement, except to the extent otherwise provided or that the context otherwise requires:
(a) when a reference is made in this Agreement to a an Article, Preamble, ArticleRecital, Recital Section, Exhibit or SectionSchedule, such reference is to a an Article, Preamble, Article, Recital or Section of of, or an Exhibit or Schedule to, this Agreement, Agreement unless otherwise indicated;
(b) the table of contents and headings for this Agreement are for reference purposes only and do not affect in any way the meaning or interpretation of this Agreement;
(c) whenever the words “include,” “includes” or “including” are used in this Agreement, they are deemed to be followed by the words “without limitation;”
(d) the words “hereof,” “herein” and “hereunder” and words of similar import, when used in this Agreement, refer to this Agreement as a whole and not to any particular provision of this Agreement;
(e) the definitions of terms contained in this Agreement are applicable to the singular as well as the plural forms of such terms;
(f) any Law defined or referred to herein or in any agreement or instrument that is referred to herein means such Law or statute as from time to time amended, modified or supplemented, including by succession of comparable successor Laws;
(g) any contract or agreement defined or referred to herein or in any agreement or instrument that is referred to herein means such contract or agreement as from time to time amended, modified or supplemented, including any novation thereof;
(h) references to a Person are also to its successors and permitted assigns; and
(hi) the use of “or” is not intended to be exclusive unless expressly indicated otherwise.
Appears in 3 contracts
Sources: Joint Venture Governance and Shareholders Agreement (Chindex International Inc), Share Transfer Agreement (Chindex International Inc), Formation Agreement (Chindex International Inc)
Interpretation and Rules of Construction. In this Agreement, except to the extent otherwise provided or that the context otherwise requires:
(a) when a reference is made in this Agreement to a Preamble, an Article, Recital Recital, Section, Exhibit or SectionSchedule, such reference is to a Preamble, an Article, Recital or Section of of, or an Exhibit or Schedule to, this Agreement, Agreement unless otherwise indicated;
(b) the table of contents and headings for this Agreement are for reference purposes only and do not affect in any way the meaning or interpretation of this Agreement;
(c) whenever the words “include,” “includes” or “including” are used in this Agreement, they are deemed to be followed by the words “without limitation;”
(d) the words “hereof,” “herein” and “hereunder” and words of similar import, when used in this Agreement, refer to this Agreement as a whole and not to any particular provision of this Agreement;
(e) the definitions of terms contained in this Agreement are applicable to the singular as well as the plural forms of such terms;
(f) any Law defined or referred to herein or in any agreement or instrument that is referred to herein means such Law or statute as from time to time amended, modified or supplemented, including by succession of comparable successor Laws;
(g) references to a Person are also to its successors and permitted assigns; and
(h) the use of “or” is not intended to be exclusive unless expressly indicated otherwise.
Appears in 3 contracts
Sources: Stock Purchase Agreement (Chindex International Inc), Stock Purchase Agreement (China Investment Corp), Stock Purchase Agreement (Aes Corp)
Interpretation and Rules of Construction. In this Agreement, except to the extent otherwise provided or that the context otherwise requires:
(a) when a reference is made in this Agreement to a Preamble, an Article, Recital Section, Exhibit or SectionSchedule, such reference is to a Preamble, Article, Recital an Article or Section of of, or an Exhibit or Schedule to, this Agreement, Agreement unless otherwise indicated;
(b) the table of contents and headings for in this Agreement are inserted for reference purposes only and do not affect in any way the meaning or interpretation of this Agreement;
(c) whenever the words “include,” “includes” or “including” are used in this Agreement, they are deemed to be followed by the words “without limitation”;”
(d) the words “hereof,” “herein” and “hereunder” and words of similar import, when used in this Agreement, refer to this Agreement as a whole and not to any particular provision of this Agreement;
(e) whenever the word “day” is used in this Agreement, it shall be deemed to refer to a calendar day;
(f) all terms defined in this Agreement have the defined meanings when used in any certificate or other document made or delivered pursuant to this Agreement, unless otherwise defined therein;
(g) the definitions of terms contained in this Agreement are applicable to the singular as well as the plural forms of such terms;
(fh) any Law defined or referred to herein or in any agreement or instrument that is referred to herein means such Law or statute as from time to time amended, modified or supplemented, including by succession of comparable successor Laws;
(gi) references to a Person are also to its successors and permitted assigns; and
(hj) the use of “or” is not intended to be exclusive unless expressly indicated otherwise.
Appears in 3 contracts
Sources: Subscription Agreement (Agape ATP Corp), Share Subscription Agreement (Lion Group Holding LTD), Share Subscription Agreement (Datang Telecom Technology & Industry Holdings Co., Ltd.)
Interpretation and Rules of Construction. In this Agreement, except to the extent otherwise provided or that the context otherwise requires:
(a) when a reference is made in this Agreement to a Preamble, an Article, Recital Recital, Section, Exhibit or SectionSchedule, such reference is to a Preamble, an Article, Recital or Section of of, or an Exhibit or Schedule to, this Agreement, Agreement unless otherwise indicated;
(b) the table of contents and headings for this Agreement are for reference purposes only and do not affect in any way the meaning or interpretation of this Agreement;
(c) whenever the words “include,” “includes” or “including” are used in this Agreement, they are deemed to be followed by the words “without limitation”;”
(d) the words “hereof,” “herein” and “hereunder” and words of similar import, when used in this Agreement, refer to this Agreement as a whole and not to any particular provision of this Agreement;
(e) the definitions of terms contained in this Agreement are applicable to the singular as well as the plural forms of such terms;
(f) any Law defined or referred to herein or in any agreement or instrument that is referred to herein means such Law or statute as from time to time amended, modified or supplemented, including by succession of comparable successor Laws;
(g) references to a Person are also to its successors and permitted assigns; and
(h) the use of “or” is not intended to be exclusive unless expressly indicated otherwise.
Appears in 2 contracts
Sources: Stockholder Agreement (Natures Sunshine Products Inc), Stock Purchase Agreement (Natures Sunshine Products Inc)
Interpretation and Rules of Construction. In this Agreement, except to the extent otherwise provided or that the context otherwise requires:
(a) when a reference is made in this Agreement to a Preamble, an Article, Recital Recital, Section, Exhibit or SectionSchedule, such reference is to a Preamble, an Article, Recital or Section of of, or an Exhibit or Schedule to, this Agreement, Agreement unless otherwise indicated;
(b) the table of contents and headings for this Agreement are for reference purposes only and do not affect in any way the meaning or interpretation of this Agreement;
(c) whenever the words “include,” “includes” or “including” are used in this Agreement, they are deemed to be followed by the words “without limitation;”
(d) the words “hereof,” “herein” and “hereunder” and words of similar import, when used in this Agreement, refer to this Agreement as a whole and not to any particular provision of this Agreement;
(e) the definitions of terms contained in this Agreement are applicable to the singular as well as the plural forms of such terms;
(f) any Law defined or referred to herein or in any agreement or instrument that is referred to herein means such Law or statute as from time to time amended, modified or supplemented, including by succession of comparable successor Laws;
(g) references to a Person are also to its successors and permitted assigns; and;
(h) the use of “or” is not intended to be exclusive unless expressly indicated otherwise; and
(i) references to “$” or “dollars” are references to U.S. dollars.
Appears in 2 contracts
Sources: Stock Purchase Agreement, Stock Purchase Agreement (Kansas City Power & Light Co)
Interpretation and Rules of Construction. In this Agreement, except to the extent otherwise provided or that the context otherwise requires:
(a) when a reference is made in this Agreement to a Preamble, an Article, Recital Recital, Section or SectionExhibit, such reference is to a Preamble, an Article, Recital or Section of of, or an Exhibit to, this Agreement, Agreement unless otherwise indicated;
(b) the table of contents and headings for this Agreement are for reference purposes only and do not affect in any way the meaning or interpretation of this Agreement;
(c) whenever the words “include,” “includes” or “including” are used in this Agreement, they are deemed to be followed by the words “without limitation;”
(d) the words “hereof,” “herein” and “hereunder” and words of similar import, when used in this Agreement, refer to this Agreement as a whole and not to any particular provision of this Agreement;
(e) the definitions of terms contained in this Agreement are applicable to the singular as well as the plural forms of such terms;
(f) any Law defined or referred to herein or in any agreement or instrument that is referred to herein means such Law or statute as from time to time amended, modified or supplemented, including by succession of comparable successor Laws;
(g) references to a Person are also to its successors and permitted assigns; and;
(h) the use of “or” is not intended to be exclusive unless expressly indicated otherwise; and
(i) capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Purchase Agreement.
Appears in 2 contracts
Sources: Stockholder Agreement (Chindex International Inc), Stockholder Agreement (Chindex International Inc)
Interpretation and Rules of Construction. In this Agreement, except to the extent otherwise provided or that the context otherwise requires:
(a) when a reference is made in this Agreement to a an Article, Preamble, ArticleRecital, Recital Section, Exhibit or SectionSchedule, such reference is to a an Article, Preamble, Article, Recital or Section of of, or an Exhibit or Schedule to, this Agreement, Agreement unless otherwise indicated;
(b) the table of contents and headings for this Agreement are for reference purposes only and do not affect in any way the meaning or interpretation of this Agreement;
(c) whenever the words “include,” “includes” or “including” are used in this Agreement, they are deemed to be followed by the words “without limitation;”
(d) the words “hereof,” “herein” and “hereunder” and words of similar import, when used in this Agreement, refer to this Agreement as a whole and not to any particular provision of this Agreement;
(e) the definitions of terms contained in this Agreement are applicable to the singular as well as the plural forms of such terms;
(f) any Law defined or referred to herein or in any agreement or instrument that is referred to herein means such Law or statute as from time to time amended, modified or supplemented, including by succession of comparable successor Laws;
(g) any contract or agreement defined or referred to herein or in any agreement or instrument that is referred to herein means such contract or agreement as from time to time amended, modified or supplemented, including any novation thereof;
(h) references to a Person are also to its successors and permitted assigns; and
(hi) the use of “or” is not intended to be exclusive unless expressly indicated otherwise.
Appears in 1 contract
Sources: Entrusted Management Agreement (Chindex International Inc)
Interpretation and Rules of Construction. In this Agreement, except to the extent otherwise provided or that the context otherwise requires:
(a) when a reference is made in this Agreement to a Preamble, an Article, Recital Section, Exhibit or SectionSchedule, such reference is to a Preamble, Article, Recital an Article or Section of of, or an Exhibit or Schedule to, this Agreement, Agreement unless otherwise indicated;
(b) the table of contents and headings for this Agreement are for reference purposes only and do not affect in any way the meaning or interpretation of this Agreement;
(c) whenever the words “include,” “includes,” or “including” are used in this Agreement, they are deemed to be followed by the words “without limitation”;”
(d) reference to any gender means both genders;
(e) the words “hereof,” “herein” and “hereunder” and words of similar import, when used in this Agreement, refer to this Agreement as a whole and not to any particular provision of this Agreement;
(ef) the definitions of terms contained in this Agreement are applicable to the singular as well as the plural forms of such terms;
(fg) unless expressly provided otherwise, any Law defined or referred to herein or in any agreement or instrument that is referred to herein means such Law or statute as from time to time amended, modified or supplemented, including by succession of comparable successor Laws;
(gh) references to a Person are also to its permitted successors and permitted assigns; and
(hi) the use of “or” is not intended references to currency, monetary values and dollars shall mean United States (U.S.) dollars and all payments hereunder shall be exclusive unless expressly indicated otherwisemade in United States dollars.
Appears in 1 contract
Interpretation and Rules of Construction. In this Agreement, except to the extent otherwise provided or that the context otherwise requires:
(a) i. when a reference is made in this Agreement to a Preamble, an Article, Recital Section, Exhibit or SectionSchedule, such reference is to a Preamble, Article, Recital an Article or Section of of, or a Schedule or Exhibit to, this Agreement, Agreement unless otherwise indicated;
(b) the table of contents and headings for this Agreement are for reference purposes only and do not affect in any way the meaning or interpretation of this Agreement;
(c) ii. whenever the words “"include,” “" "includes” " or “"including” " are used in this Agreement, they are deemed to be followed by the words “"without limitation";”
(d) iii. the words “"hereof,” “" "herein” " and “"hereunder” " and words of similar import, when used in this Agreement, refer to this Agreement as a whole and not to any particular provision of this Agreement;
(e) iv. all terms defined in this Agreement have the defined meanings when used in any certificate or other document made or delivered pursuant hereto, unless otherwise defined therein;
v. the definitions of terms contained in this Agreement are applicable to the singular as well as the plural forms of such terms;
(f) vi. any Law defined or referred to herein or in any agreement or instrument that is referred to herein means such Law or statute as from time to time amended, modified or supplemented, including by succession of comparable successor Laws;
(g) vii. references to a Person are also to its successors and permitted assigns; and
(h) viii. the use of “"or” " is not intended to be exclusive unless expressly indicated otherwise.
Appears in 1 contract
Interpretation and Rules of Construction. In this Agreement, except to the extent otherwise provided or that the context otherwise requires:
(a) when a reference is made in this Agreement to a Preamble, the Preamble or an Article, Recital Recital, Section, Exhibit or SectionSchedule, such reference is to a Preamble, the Preamble or an Article, Recital or Section of of, or an Exhibit or Schedule to, this Agreement, Agreement unless otherwise indicated;
(b) the table of contents and headings for this Agreement are for reference purposes only and do not affect in any way the meaning or interpretation of this Agreement;
(c) whenever the words “include,” “includes” or “including” are used in this Agreement, they are deemed to be followed by the words “without limitation;”
(d) the words “hereof,” “herein” and “hereunder” and words of similar import, when used in this Agreement, refer to this Agreement as a whole and not to any particular provision of this Agreement;
(e) the definitions of terms contained in this Agreement are applicable to the singular as well as the plural forms of such terms;
(f) any Law defined or referred to herein or in any agreement or instrument that is referred to herein means such Law or statute as from time to time amended, modified or supplemented, including by succession of comparable successor Laws;
(g) references to a Person are also to its successors and permitted assigns; and
(h) the use of “or” is not intended to be exclusive unless expressly indicated otherwise.
Appears in 1 contract
Interpretation and Rules of Construction. In this Agreement, except to the extent as otherwise provided or that the context otherwise requiresprovided:
(a) when a reference is made the headings in this Agreement to a Preamble, Article, Recital or Section, such reference is to a Preamble, Article, Recital or Section of this Agreement, unless otherwise indicated;
(b) the table of contents and headings for this Agreement are for reference purposes only and do not affect in any way the meaning or interpretation of this Agreement;
(b) when a reference is made in this Agreement to an Article, Section, Exhibit or Schedule, such reference is to an Article or Section of, or an Exhibit or Schedule to, this Agreement;
(c) whenever the words “include,” “includes” or “including” are used in this Agreement, they are deemed to be followed by the words “without limitation”;”
(d) the words “hereof,” “herein” and “hereunder” and words of similar import, when used in this Agreement, refer to this Agreement as a whole and not to any particular provision of this Agreement;
(e) any noun or pronoun shall be deemed to include the definitions of terms contained in this Agreement are applicable to the singular plural as well as the plural forms of such termssingular and to cover all genders;
(f) any Law defined or referred to herein or in any agreement or instrument that is referred to herein means such Law or statute as from time to time amended, modified or supplemented, including by succession of comparable successor Laws;
(g) references to a Person are also to its successors and permitted assigns; and
(hg) the use references to any legislation or to any provision of “or” is not intended any legislation shall include any modification, amendment, re-enactment thereof, any legislative provision substituted therefor and all rules, regulations and statutory instruments issued or related to be exclusive unless expressly indicated otherwisesuch legislation.
Appears in 1 contract
Interpretation and Rules of Construction. In this Agreement, except to the extent otherwise provided or that the context otherwise requires:
(a) 10.20.1. when a reference is made in this Agreement to a Preamble, an Article, Recital Section, Exhibit or SectionSchedule, such reference is to a Preamble, Article, Recital an Article or Section of of, or an Exhibit or a Schedule to, this Agreement, Agreement unless otherwise indicated;
(b) 10.20.2. the table of contents headings and headings for captions used in this Agreement are for reference purposes only and do not affect in any way the meaning or interpretation of this Agreement;
(c) 10.20.3. whenever the words “include,” “includes” or “including” are used in this Agreement, they are deemed to be followed by the words “without limitation” (regardless of whether such words appear after such language herein or not);”
(d) 10.20.4. the words “hereof,” “herein” and “hereunder” and words of similar import, when used in this Agreement, refer to this Agreement as a whole and not to any particular provision of this Agreement;
(e) 10.20.5. all terms defined in this Agreement have the defined meanings when used in any certificate or other document made or delivered pursuant hereto, unless otherwise defined therein and shall be applicable throughout the Agreement regardless of where in the Agreement the term is defined unless expressly stated otherwise;
10.20.6. the definitions of terms contained in this Agreement are applicable to the singular as well as the plural forms of such terms;
(f) 10.20.7. any Law defined or referred to herein or in any agreement or instrument that is referred to herein means such Law or statute as from time to time amended, modified or supplemented, including by succession of comparable successor Laws;
(g) 10.20.8. references to a Person are also to its permitted successors and permitted assigns; and
(h) 10.20.9. the use of “or” is not intended to be exclusive unless expressly indicated otherwise.
Appears in 1 contract
Interpretation and Rules of Construction. In this Agreement, except to the extent otherwise provided or that the context otherwise requires:
(ai) when a reference is made in this Agreement to a Preamble, an Article, Recital Section, Exhibit or SectionDisclosure Schedule, such reference is to a Preamble, Article, Recital an Article or Section of of, or an Exhibit or Disclosure Schedule to, this Agreement, Agreement unless otherwise indicated;
(bii) the table of contents and headings for this Agreement are for reference purposes only and do not affect in any way the meaning or interpretation of this Agreement;
(c) whenever the words “include,” “includes” or “including” are used in this Agreement, they are deemed to be followed by the words “without limitation;”
(diii) the words “hereof,” “herein” and “hereunder” and words of similar import, when used in this Agreement, refer to this Agreement as a whole and not to any particular provision of this Agreement;
(eiv) all terms defined in this Agreement have the defined meanings when used in any certificate or other document made or delivered pursuant hereto, unless otherwise defined therein;
(v) the definitions of terms contained in this Agreement are applicable to the singular as well as the plural forms of such terms;
(fvi) any Law defined or referred to herein or in any agreement or instrument that is referred to herein means such Law or statute as from time to time amended, modified or supplemented, including by succession of comparable successor Laws;
(gvii) references to a Person are also to its permitted successors and permitted assigns; and
(hviii) the use of “or” is not intended to be exclusive unless expressly indicated otherwise.
Appears in 1 contract
Sources: Asset Purchase Agreement (Sina Corp)
Interpretation and Rules of Construction. In this Agreement, except to the extent otherwise provided or that the context otherwise requires:
(a) when a reference is made in this Agreement to a Preamble, the Preamble or an Article, Recital Recital, Section or SectionExhibit, such reference is to a Preamble, the Preamble or an Article, Recital or Section of of, or an Exhibit to, this Agreement, Agreement unless otherwise indicated;
(b) the table of contents and headings for this Agreement are for reference purposes only and do not affect in any way the meaning or interpretation of this Agreement;
(c) whenever the words “include,” “includes” or “including” are used in this Agreement, they are deemed to be followed by the words “without limitation;”
(d) the words “hereof,” “herein” and “hereunder” and words of similar import, when used in this Agreement, refer to this Agreement as a whole and not to any particular provision of this Agreement;
(e) the definitions of terms contained in this Agreement are applicable to the singular as well as the plural forms of such terms;
(f) any Law defined or referred to herein or in any agreement or instrument that is referred to herein means such Law or statute as from time to time amended, modified or supplemented, including by succession of comparable successor Laws;
(g) references to a Person are also to its successors and permitted assigns; and
(h) the use of “or” is not intended to be exclusive unless expressly indicated otherwise.
Appears in 1 contract
Interpretation and Rules of Construction. In this Agreement, except to the extent otherwise provided or that the context otherwise requires:
(a) when a reference is made in this Agreement to a Preamble, an Article, Recital Section, Exhibit or SectionSchedule, such reference is to a Preamble, Article, Recital an Article or Section of of, or a Schedule or Exhibit to, this Agreement, Agreement unless otherwise indicated;
(b) the table of contents and headings for this Agreement are for reference purposes only and do not affect in any way the meaning or interpretation of this Agreement;
(c) whenever the words “include,” “includes” or “including” are used in this Agreement, they are deemed to be followed by the words “without limitation;”
(d) the words “hereof,” “herein” and “hereunder” and words of similar import, when used in this Agreement, refer to this Agreement as a whole and not to any particular provision of this Agreement;
(d) all terms defined in this Agreement have the defined meanings when used in any certificate or other document made or delivered pursuant hereto, unless otherwise defined therein;
(e) the definitions of terms contained in this Agreement are applicable to the singular as well as the plural forms of such terms;
(f) any Law defined or referred to herein or in any agreement or instrument that is referred to herein means such Law or statute as from time to time amended, modified or supplemented, including by succession of comparable successor Laws;
(g) references to a Person are also to its successors and permitted assigns; and
(h) the use of “or” is not intended to be exclusive unless expressly indicated otherwise.
Appears in 1 contract
Sources: Stock Purchase Agreement (Sina Corp)