Common use of Other Definitional and Interpretive Provisions Clause in Contracts

Other Definitional and Interpretive Provisions. When a reference is made in this Agreement to a Section, an Annex or an Article, such reference shall be to a Section, Annex or Article of this Agreement unless otherwise indicated. All Annexes annexed hereto or referred to herein are hereby incorporated in and made a part of this Agreement as if set forth in full herein. Any capitalized terms used in any Annex but not otherwise defined therein shall have the meaning as defined in this Agreement. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of 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”. The word “will” shall be construed to have the same meaning as the word “shall”. The word “extent” in the phrase “to the extent” means the degree to which a subject or other thing extends, and such phrase does not mean simply “if”. The phrase “date hereof” or “date of this Agreement” shall be deemed to refer to October 12, 2020. All references to “dollars” and “$” shall be deemed to be references to the lawful money of the United States. The words “hereof”, “hereby”, “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The word “or” is not exclusive. The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms and to the masculine as well as the feminine and neuter genders of such terms. Any agreement, instrument or applicable Law defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement, instrument or applicable Law as from time to time amended, modified or supplemented. References to a Person are also to its permitted successors and assigns. Each of the parties hereto has participated in the drafting and negotiation of this Agreement. If any ambiguity or question of intent or interpretation arises, this Agreement must be construed as if it is drafted by all the parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of authorship of any of the provisions of this Agreement.

Other Definitional and Interpretive Provisions. When a reference is made 1.2.1 Unless otherwise defined herein, all terms defined in this Agreement to a Sectionshall have the same defined meanings when used in any certificate, an Annex report or an Article, such reference shall be to a Section, Annex other document made or Article of delivered pursuant hereto. 1.2.2 As used in this Agreement unless the context otherwise indicated. All Annexes annexed hereto requires, (i) words in the masculine or referred to herein are hereby incorporated in neuter gender include the masculine, feminine and made a part of this Agreement as if set forth in full herein. Any capitalized terms used in any Annex but not otherwise defined therein shall have the meaning as defined in this Agreement. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever neuter genders, (ii) the words “"include”", “"includes” or “" and "including” are used in this Agreement, they " shall be deemed to be followed by with the words “phrase "without limitation”. The ", (iii) the word “"will” " shall be construed to have the same meaning and effect as the word “"shall”. The word “extent” in the phrase “", (iv) all references to the extent” means the degree Exhibits or Schedules refer to exhibits or schedules delivered herewith or attached hereto (each of which is deemed to be a subject or other thing extends, and such phrase does not mean simply “if”. The phrase “date hereof” or “date part of this Agreement” shall be deemed ), (v) all references to Sections or Articles refer to October 12, 2020. All references to “dollars” and “$” shall be deemed to be references to the lawful money of the United States. The words “hereof”, “hereby”, “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision Sections or Articles of this Agreement. The word “or” is not exclusive. The definitions contained , (vi) all references to "$" or "dollars" refer to U.S. dollars, (vii) any amount to be paid in this Agreement are applicable "$" or "dollars" shall be paid in U.S. dollars, (viii) any definition of or reference to the singular as well as the plural forms of such terms and to the masculine as well as the feminine and neuter genders of such terms. Any any agreement, instrument or applicable Law defined or referred other document shall be construed as referring to herein or in any agreement or instrument that is referred to herein means such agreement, instrument or applicable Law other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or supplemented. References modifications set forth herein), (ix) any reference herein to a Person are also any person shall be construed to its permitted include such person's successors and assigns, (x) the words "herein", "hereof" and "hereunder", and words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof, and (xi) any report, document, officer's certificate or any other instrument required to be delivered hereunder which does not conform to the requirements hereof at the time of delivery shall be deemed non-conforming and shall not relieve the person delivering such non-conforming report, document, officer's certificate or instrument from its obligations to deliver a conforming report, document, officer's certificate or instrument. Each of Except as expressly stated in this Agreement, all references to any statute, rule or regulation are to the parties hereto has participated statute, rule or regulation as amended, modified, supplemented or replaced from time to time (and, in the drafting case of statutes, include any rules and negotiation of this Agreement. If regulations promulgated under the statute) and to any ambiguity or question of intent or interpretation arises, this Agreement must be construed as if it is drafted by all the parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of authorship section of any of statute, rule or regulation include any successor to the provisions of this Agreementsection.

Other Definitional and Interpretive Provisions. When a reference is made 1.2.1 As used in this Agreement to unless the context otherwise requires, (i) words in the masculine or neuter gender include the masculine, feminine and neuter genders, (ii) the terms defined in the singular shall have a Section, an Annex or an Article, such reference shall be to a Section, Annex or Article of this Agreement unless otherwise indicated. All Annexes annexed hereto or referred to herein are hereby incorporated in and made a part of this Agreement as if set forth in full herein. Any capitalized terms comparable meaning when used in any Annex but not otherwise defined therein shall have the meaning as defined in this Agreement. The table of contents plural and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever vice versa, (iii) the words “include”, “includes” or and “including” are used in this Agreement, they shall be deemed to be followed by with the words phrase “without limitation”. The , (iv) the word “will” shall be construed to have the same meaning and effect as the word “shall”. The word , (v) all references to Exhibits or Schedules refer to exhibits or schedules delivered herewith or attached hereto (each of which is deemed to be a part of this Agreement), (vi) the headings of the several sections of this Agreement are included for convenience only and do not in any way affect the meaning or construction of any provision therein, (vii) all references to Sections or Articles refer to Sections or Articles of this Agreement, (viii) all references to “extent” in the phrase “to the extent” means the degree to which a subject or other thing extends, and such phrase does not mean simply “if”. The phrase “date hereof$” or “date of this Agreementdollars” refer to U.S. dollars, (ix) any amount to be paid in “$” or “dollars” shall be deemed to refer to October 12paid in U.S. dollars, 2020. All (x) references to “dollars” and “$” shall be deemed to be references to the lawful money a number of the United States. The words “hereof”, “hereby”, “herein” and “hereunder” and words of similar import when used in this Agreement days shall refer to this Agreement as a whole and not calendar days unless Business Days are otherwise specified, (xi) any definition of or reference to any particular provision of this Agreement. The word “or” is not exclusive. The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms and to the masculine as well as the feminine and neuter genders of such terms. Any agreement, instrument or applicable Law defined or referred other document shall be construed as referring to herein or in any agreement or instrument that is referred to herein means such agreement, instrument or applicable Law other document as from time to time amended, restated, amended and restated, supplemented or otherwise modified from time to time (subject to any restrictions on such amendments, restatements, supplements or supplemented. References modifications set forth herein), (xii) any reference herein to a any Person are also shall be construed to its permitted include such Person’s successors and assignsassigns to the extent permitted hereunder, and (xiii) the words “herein”, “hereof” and “hereunder”, and words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof. Each of Except as expressly stated in this Agreement, all references to any statute, rule or regulation are to the parties hereto has participated statute, rule or regulation as amended, modified, supplemented or replaced from time to time (and, in the drafting case of statutes, include any rules and negotiation of this Agreement. If regulations promulgated under the statute) and to any ambiguity or question of intent or interpretation arises, this Agreement must be construed as if it is drafted by all the parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of authorship section of any of statute, rule or regulation include any successor to the provisions of this Agreementsection.

Other Definitional and Interpretive Provisions. When a reference is made As used in this Agreement to unless the context otherwise requires, (i) words in the masculine or neuter gender include the masculine, feminine and neuter genders, (ii) the terms defined in the singular shall have a Section, an Annex or an Article, such reference shall be to a Section, Annex or Article of this Agreement unless otherwise indicated. All Annexes annexed hereto or referred to herein are hereby incorporated in and made a part of this Agreement as if set forth in full herein. Any capitalized terms comparable meaning when used in any Annex but not otherwise defined therein shall have the meaning as defined in this Agreement. The table of contents plural and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever vice versa, (iii) the words “include”, “includes” or and “including” are used in this Agreement, they shall be deemed to be followed by with the words phrase “without limitation”. The , (iv) the word “will” shall be construed to have the same meaning and effect as the word “shall”. The word , (v) all references to Schedules refer to schedules delivered herewith or attached hereto (each of which is deemed to be a part of this Agreement), (vi) the table of contents and the headings of the several sections of this Agreement are included for convenience only and do not in any way affect the meaning or construction of any provision therein, (vii) all references to Sections or Articles refer to Sections or Articles of this Agreement, (viii) all references to “extent” in the phrase “to the extent” means the degree to which a subject or other thing extends, and such phrase does not mean simply “if”. The phrase “date hereof$” or “date dollars” refer to U.S. dollars, (ix) references to a number of this Agreement” days shall refer to calendar days unless Business Days are otherwise specified, (x) any reference herein to any Person shall be deemed construed to refer to October 12, 2020. All references to “dollars” include such Person’s successors and “$” shall be deemed to be references assigns to the lawful money of extent permitted or authorized hereunder, and (xi) the United States. The words “hereofherein”, “hereby”, “hereinhereof” and “hereunder” ”, and words of similar import when used in this Agreement import, shall be construed to refer to this Agreement as a whole in its entirety and not to any particular provision of hereof. Except as expressly stated in this Agreement. The word “or” is not exclusive. The definitions contained in this Agreement , all references to any statute, rule or regulation are applicable to the singular statute, rule or regulation as well as the plural forms of such terms and to the masculine as well as the feminine and neuter genders of such terms. Any agreementamended, instrument modified, supplemented or applicable Law defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement, instrument or applicable Law as replaced from time to time amended(and, modified or supplemented. References to a Person are also to its permitted successors and assigns. Each of the parties hereto has participated in the drafting case of statutes, include any rules and negotiation of this Agreement. If regulations promulgated under the statute) and to any ambiguity or question of intent or interpretation arises, this Agreement must be construed as if it is drafted by all the parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of authorship section of any of statute, rule or regulation include any successor to the provisions of this Agreementsection.

Other Definitional and Interpretive Provisions. When a reference is made in this Agreement to a Section, an Annex or an Article, such reference shall be to a Section, Annex or Article of this Agreement unless otherwise indicated. All Annexes annexed hereto or referred to herein are hereby incorporated in and made a part of this Agreement as if set forth in full herein. Any capitalized terms used in any Annex but not otherwise defined therein shall have the meaning as defined in this Agreement. The table of contents and headings definitions contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of 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”. The word “will” shall be construed to have the same meaning as the word “shall”. The word “extent” in the phrase “equally applicable to the extent” means the degree to which a subject or other thing extends, singular and such phrase does not mean simply “if”. The phrase “date hereof” or “date of this Agreement” shall be deemed to refer to October 12, 2020. All references to “dollars” and “$” shall be deemed to be references to the lawful money plural forms of the United Statesterms defined. The words “hereof”, “herebyherein”, “herein” and “hereunder” and words of similar import when used in referring to this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The Unless otherwise specified, all references in a Loan Document to Articles, Sections, Exhibits and Schedules shall be construed to refer to Articles and Sections of, and Exhibits and Schedules to, the Loan Document in which such references appear. Terms used herein that are defined in the UCC, unless otherwise defined herein, shall have the meanings specified in the UCC. Any definition of or reference to any agreement, instrument or other document shall be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein or in any other Loan Document). Any reference to any Law shall include all statutory and regulatory provisions consolidating, amending, replacing or interpreting such Law and any reference to any Law shall, unless otherwise specified, refer to such Law as amended, modified or supplemented from time to time. Words denoting gender shall be construed to include the masculine, feminine and neuter, when such construction is appropriate; specific enumeration shall not exclude the general but shall be construed as cumulative; the word “or” is not exclusive. The definitions contained ; the word “including” (in this Agreement are applicable its various forms) means “including, without limitation”; in the computation of periods of time, the word “from” means “from and including” and the words “to” and “until” mean “to the singular as well as the plural forms of such terms but excluding”; all references to money refer to Dollars; and to the masculine as well as the feminine and neuter genders of such terms. Any agreement, instrument or applicable Law defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement, instrument or applicable Law as from time all references to time amendedof day refer to time in Houston, modified or supplemented. References to a Person are also to its permitted successors and assigns. Each of the parties hereto has participated in the drafting and negotiation of this Agreement. If any ambiguity or question of intent or interpretation arises, this Agreement must be construed as if it is drafted by all the parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of authorship of any of the provisions of this AgreementTexas.