Common use of Interpretation In this Agreement Clause in Contracts

Interpretation In this Agreement. (a) Clause headings and the table of contents are inserted for convenience of reference only and shall be ignored in the interpretation of this Agreement; (b) subject to any specific provision of this Agreement or of any assignment and/or participation or syndication agreement of any nature whatsoever, reference to each of the parties hereto and to the other Security Documents shall be deemed to be reference to and/or to include, as appropriate, their respective successors and permitted assigns; (c) reference to a person shall be construed as including reference to an individual, firm, company, corporation, unincorporated body of persons or any State or any agency thereof; (d) where the context so admits, words in the singular include the plural and vice versa; (e) the words “including” and “in particular” shall not be construed as limiting the generality of any foregoing words; (f) references to (or to any specified provisions of) this Agreement and all documents referred to in this Agreement shall be construed as references to this Agreement, that provision or that document as are in force for the time being and as are amended and/or supplemented from time to time; (g) reference to this Agreement includes all the terms of this Agreement and any Schedules, Annexes or Appendices to this Agreement, which form an integral part of same; (h) reference to Clauses, Sub-Clauses and Schedules are to Clauses, Sub-Clauses and Schedules in this Agreement; (i) reference to the opinion of the Bank or a determination or acceptance by the Bank or to documents, acts, or persons acceptable or satisfactory to the Bank or the like shall be construed as reference to opinion, determination, acceptance or satisfaction of the Bank at the sole discretion of the Bank and such opinion, determination, acceptance or satisfaction of the Bank shall be conclusive and binding on the Borrowers; (j) references to a “regulation” include any present or future regulation, rule, directive, requirement, request or guideline (whether or not having the force of law) of any agency, authority, central bank or government department or any self regulatory or other national or supra-national authority; (k) references to any person include such person’s assignees and successors in title; (l) reference to a “guarantee” include references to an indemnity or other assurance against financial loss including, without limitation, an obligation to purchase assets or services as a consequence of a default by any other person to pay any Indebtedness and “guaranteed” shall be construed accordingly; (m) all obligations imposed on, or assumed by each of the Borrowers and the Corporate Guarantor are joint and several even if not so expressed; and (n) references to any enactment shall be deemed to include references to such enactment as re-enacted, amended or extended.

Appears in 1 contract

Sources: Loan Agreement (NewLead Holdings Ltd.)

Interpretation In this Agreement. (a) Clause clause headings and the table of contents are inserted for convenience of reference only and shall be ignored in the interpretation of this Agreement; (b) subject to any specific provision of this Agreement or of any assignment and/or participation or syndication agreement of any nature whatsoever, reference to each of the parties hereto and to the other Security Documents shall be deemed to be reference to and/or to include, as appropriate, their respective successors and permitted assigns; (c) reference to a person shall be construed as including reference to an individual, firm, company, corporation, unincorporated body of persons or any State or any agency thereof; (d) where the context so admits, words in the singular include the plural and vice versa; (e) the words “including” and “in particular” shall not be construed as limiting the generality of any foregoing words; (f) references to (or to any specified provisions of) this Agreement and all documents referred to in this Agreement shall be construed as references to this Agreement, that provision or that document as are in force for the time being and as are amended and/or supplemented from time to time; (g) reference to this Agreement includes all the terms of this Agreement and any Schedules, Annexes or Appendices to this Agreement, which form an integral part of same; (h) reference to Clauses, Sub-Clauses and Schedules are to Clauses, Sub-Clauses and Schedules in this Agreement; (i) reference to the opinion of the Bank or a determination or acceptance by the Bank or to documents, acts, or persons acceptable or satisfactory to the Bank or the like shall be construed as reference to opinion, determination, acceptance or satisfaction of the Bank at the sole discretion of the Bank and such opinion, determination, acceptance or satisfaction of the Bank shall be conclusive and binding on the BorrowersBorrower; (j) references to a “regulation” include any present or future regulation, rule, directive, requirement, request or guideline (whether or not having the force of law) of any agency, authority, central bank or government department or any self regulatory or other national or supra-national authority; (k) references to any person include such person’s assignees and successors in title; (l) reference to a “guarantee” include references to an indemnity or other assurance against financial loss including, without limitation, an obligation to purchase assets or services as a consequence of a default by any other person to pay any Indebtedness and “guaranteed” shall be construed accordingly; (m) all obligations imposed on, or assumed by each of the Borrowers and the Corporate Guarantor are joint and several even if not so expressed; and (nm) references to any enactment shall be deemed to include references to such enactment as re-enacted, amended or extended.

Appears in 1 contract

Sources: Loan Agreement (NewLead Holdings Ltd.)