Interpretative Matters. Unless otherwise indicated or the context otherwise requires, (i) all references to Sections, Schedules, Appendices or Exhibits are to Sections, Schedules, Appendices or Exhibits contained in or attached to this Agreement, (b) words in the singular or plural include the singular and plural and pronouns stated in either the masculine, the feminine or neuter gender shall include the masculine, feminine and neuter, (c) the words “hereof,” “herein” and words of similar effect shall reference this Agreement in its entirety, and (d) the use of the word “including” in this Agreement shall be by way of example rather than limitation.
Appears in 19 contracts
Sources: Facility Agreement, Exchange Agreement and Amendment to Facility Agreement (Kempharm, Inc), Recapitalization Agreement (Nuo Therapeutics, Inc.)
Interpretative Matters. Unless otherwise indicated or the context otherwise requires, (i) all references to Sections, Schedules, Appendices or Exhibits are to Sections, Schedules, Appendices or Exhibits contained in or attached to this Agreement, (b) each accounting term not otherwise defined in this Agreement has the meaning assigned to it in accordance with GAAP, (c) words in the singular or plural include the singular and plural and pronouns stated in either the masculine, the feminine or neuter gender shall include the masculine, feminine and neuter, (cd) the words “hereof,” “herein” and words of similar effect shall reference this Agreement in its entirety, and (de) the use of the word “including” in this Agreement shall be by way of example rather than limitation.
Appears in 7 contracts
Sources: Securities Purchase Agreement (Duke Mining Company, Inc.), Securities Purchase Agreement (Evolution Resources, Inc.), Securities Purchase Agreement (Cumulus Investors LLC)
Interpretative Matters. Unless otherwise indicated or the context otherwise requires, (i) all references to Sections, Schedules, Appendices or Exhibits are to Sections, Schedules, Appendices or Exhibits contained in or attached to this AgreementAmendment, (b) words in the singular or plural include the singular and plural and pronouns stated in either the masculine, the feminine or neuter gender shall include the masculine, feminine and neuter, (c) the words “hereof,” “herein” and words of similar effect shall reference this Agreement Amendment in its entirety, and (d) the use of the word “including” in this Agreement Amendment shall be by way of example rather than limitation.
Appears in 6 contracts
Sources: Facility Agreement, Facility Agreement (Mannkind Corp), Facility Agreement (Mannkind Corp)
Interpretative Matters. Unless otherwise indicated or the context otherwise requires, (ia) all references to Sections, Schedules, Appendices or Exhibits are to Sections, Schedules, Appendices or Exhibits contained in or attached to this Agreement, (b) words in the singular or plural include the singular and plural and pronouns stated in either the masculine, the feminine or neuter gender shall include the masculine, feminine and neuter, (c) the words “hereof,” “herein” and words of similar effect shall reference this Agreement in its entirety, and (d) the use of the word “including” in this Agreement shall be by way of example rather than limitation.
Appears in 3 contracts
Sources: Letter Agreement Re: Consent and Modifications to Loan Documents (Neos Therapeutics, Inc.), Letter Agreement Re: Consent and Modifications to Loan Documents (Aytu Bioscience, Inc), Exchange Agreement and Fourth Amendment to Amended and Restated Facility Agreement (Endologix Inc /De/)
Interpretative Matters. Unless otherwise indicated or the context otherwise requires, (i) all references to Sections, Schedules, Appendices or Exhibits are to Sections, Schedules, Appendices or Exhibits contained in or attached to this Agreement, (bii) words in the singular or plural include the singular and plural and pronouns stated in either the masculine, the feminine or neuter gender shall include the masculine, feminine and neuter, (ciii) the words “hereof,” “herein” and words of similar effect shall reference this Agreement in its entirety, and (div) the use of the word “including” in this Agreement shall be by way of example rather than limitation.
Appears in 3 contracts
Sources: Waiver and Amendment Agreement (South Texas Oil Co), Waiver and Amendment Agreement (South Texas Oil Co), Waiver and Amendment Agreement (South Texas Oil Co)
Interpretative Matters. Unless otherwise indicated or the context otherwise requires, (i) all references to Sections, Schedules, Appendices or Exhibits are to Sections, Schedules, Appendices or Exhibits contained in or attached to this Agreement, (bii) each accounting term not otherwise defined in this Agreement has the meaning assigned to it in accordance with GAAP, (iii) words in the singular or plural include the singular and plural and pronouns stated in either the masculine, the feminine or neuter gender shall include the masculine, feminine and neuter, (civ) the words “hereof,” “herein” and words of similar effect shall reference this Agreement in its entirety, and (dv) the use of the word “including” in this Agreement shall be by way of example rather than limitation.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Kaching Kaching, Inc.), Securities Purchase Agreement (Select Comfort Corp), Securities Purchase Agreement (Select Comfort Corp)
Interpretative Matters. Unless otherwise indicated or the context otherwise requires, (i) all references to Sections, Schedules, Appendices or Exhibits are to Sections, Schedules, Appendices or Exhibits contained in or attached to this Agreement, (b) words in the singular or plural include the singular and plural and pronouns stated in either the masculine, the feminine or neuter gender shall include the masculine, feminine and neuter, (c) the words “hereof,” “herein” and words of similar effect shall reference this Agreement in its entirety, and (d) the use of the word “including” in this Agreement shall be by way of example rather than limitation.
Appears in 2 contracts
Sources: Amendment Agreement (Customer Acquisition Network Holdings, Inc.), Amendment Agreement (interCLICK, Inc.)
Interpretative Matters. Unless otherwise indicated or the context otherwise requires, (i) all references to Sections, Schedules, Appendices Schedules or Exhibits are to Sections, Schedules, Appendices or Exhibits contained in or attached to this Agreement, (b) words in the singular or plural include the singular and plural and pronouns stated in either the masculine, the feminine or neuter gender shall include the masculine, feminine and neuter, (c) the words “hereof,” “herein” and words of similar effect shall reference this Agreement in its entirety, and (d) the use of the word “including” in this Agreement shall be by way of example rather than limitation.
Appears in 2 contracts
Sources: Exchange and Termination Agreement (Windtree Therapeutics Inc /De/), Exchange and Termination Agreement (Windtree Therapeutics Inc /De/)
Interpretative Matters. Unless otherwise indicated or the context otherwise requires, (ia) all references to Sections, Schedules, Appendices or Exhibits are to Sections, Schedules, Appendices or Exhibits contained in or attached to this Agreement, (b) words in the singular or plural include the singular and plural and pronouns stated in either the masculine, the feminine or neuter gender shall include the masculine, feminine and neuter, (c) the words “hereof,” “herein” and words of similar effect shall reference this Agreement in its entirety, and (d) the use of the word “including” in this Agreement shall be by way of example rather than limitation..
Appears in 2 contracts
Sources: Subordination Agreement (Neos Therapeutics, Inc.), Subordination Agreement (Neos Therapeutics, Inc.)
Interpretative Matters. Unless otherwise indicated or the context otherwise requires, (ia) all references to Sections, Schedules, Appendices or Exhibits are to Sections, Schedules, Appendices or Exhibits contained in or attached to this Agreement, (b) words in the singular or plural include the singular and plural and pronouns stated in either the masculine, the feminine or neuter gender shall include the masculine, feminine and neuter, (c) the words “hereof,” “herein” and words of similar effect shall reference this Agreement in its entirety, and (d) the use of the word “including” in this Agreement shall be by way of example rather than limitation. Unless otherwise indicated, references to “Transaction Documents” in this Agreement refer to Transaction Documents, each as amended as of the Effective Date, including as provided by this Agreement.
Appears in 2 contracts
Sources: Exchange Agreement and Amendment to Facility Agreement (Kempharm, Inc), Exchange Agreement (Sientra, Inc.)
Interpretative Matters. Unless otherwise indicated or the context otherwise requires, (i) all references to Sections, Schedules, Appendices or Exhibits are to Sections, Schedules, Appendices or Exhibits contained in or attached to this Agreement, (b) each accounting term not otherwise defined in this Agreement has the meaning assigned to it in accordance with GAAP, (c) words in the singular or plural include the singular and plural and pronouns stated in either the masculine, the feminine or neuter gender shall include the masculine, feminine and neuter, (cd) the words “hereof,” “herein” \"hereof,\" \"herein\" and words of similar effect shall reference this Agreement in its entirety, and (de) the use of the word “including” \"including\" in this Agreement shall be by way of example rather than limitation.. * * * * * *
Appears in 1 contract
Interpretative Matters. Unless otherwise indicated or the context otherwise requires, (ia) all references to Sections, Schedules, Appendices or Exhibits are to Sections, Schedules, Appendices or Exhibits contained in or attached to this Agreement, (b) words in the singular or plural include the singular and plural and pronouns stated in either the masculine, the feminine or neuter gender shall include the masculine, feminine and neuter, (c) the words “hereof,” “herein” and words of similar effect shall reference this Agreement in its entirety, and (d) the use of the word “including” in this Agreement shall be by way of example rather than limitation. Unless otherwise indicated, references to “Transaction Documents” in this Agreement refer to Transaction Documents (as defined in the Facility Agreement), each as amended as of the Effective Date.
Appears in 1 contract
Sources: Exchange Agreement (Kempharm, Inc)
Interpretative Matters. Unless otherwise indicated or the context otherwise requires, (i) all references to Articles, Sections or Schedules are to Articles, Sections, Schedules, Appendices or Exhibits are to Sections, Schedules, Appendices or Exhibits Schedules contained in or attached to this Agreement, (bii) words in the singular or plural include the singular and plural plural, and pronouns stated in either the masculine, the feminine or neuter gender shall include the masculine, feminine and neuter, (ciii) the words “hereof,” “herein” and words of similar effect shall reference this Agreement in its entirety, and (div) the use of the word “including” in this Agreement shall be by way of example rather than limitation.
Appears in 1 contract
Sources: Exchange and Termination Agreement (Aerie Pharmaceuticals Inc)