Common use of Other Definitional Provisions and Rules of Construction Clause in Contracts

Other Definitional Provisions and Rules of Construction. A. Any term defined herein may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference. B. References to “Sections” and subsections shall be to Sections and subsections, respectively, of this Agreement unless otherwise specifically provided. C. The use in any of the Loan Documents of the word “include” or “including”, when following any general statement, term or matter, shall not be construed to limit such statement, term or matter to the specific items or matters set forth immediately following such word or to similar items or matters, whether or not nonlimiting language (such as “without limitation” or “but not limited to” or words of similar import) is used with reference thereto, but rather shall be deemed to refer to all other items or matters that fall within the broadest possible scope of such general statement, term or matter. D. Unless otherwise specified, all references herein to times of day shall be references to New York City time (daylight or standard, as applicable). E. Unless otherwise expressly provided herein, (a) references to agreements (including the Loan Documents) and other contractual instruments shall be deemed to include all subsequent amendments, restatements, extensions, supplements and other modifications thereto, but only to the extent that such amendments, restatements, extensions, supplements and other modifications are not prohibited by any Loan Document; and (b) references to any statute, regulation or other law shall include all statutory and regulatory provisions consolidating, amending, replacing, supplementing or interpreting such statute, regulation or other law.

Other Definitional Provisions and Rules of Construction. A. Any term of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference. B. References to “Sections” and subsections “subsections” shall be to Sections and subsections, respectively, of this Agreement unless otherwise specifically provided. Section and subsection headings in this Agreement are included herein for convenience of reference only and shall not constitute a part of this Agreement for any other purpose or be given any substantive effect. C. An Event of Default shall “continue” or be “continuing” until such Event of Default has been waived in accordance with subsection 10.6 hereof or otherwise cured. D. The use in any of the Loan Documents of the word “include” or “including”, when following any general statement, term or matter, shall not be construed to limit such statement, term or matter to the specific items or matters set forth immediately following such word or to similar items or matters, whether or not nonlimiting language (such as “without limitation” or “but not limited to” or words of similar import) is used with reference thereto, but rather shall be deemed to refer to all other items or matters that fall within the broadest possible scope of such general statement, term or matter. D. Unless otherwise specifiedE. Any reference herein or in any other Loan Document to any agreement, all references herein to times of day document or instrument, including this Agreement, the Notes, the other Loan Documents and any schedules or exhibits thereto, unless expressly noted otherwise, shall be references a reference to New York City each such agreement, document or instrument as it may be amended, restated, supplemented or otherwise modified from time (daylight or standard, as applicable). E. Unless otherwise expressly provided herein, (a) references to agreements (including the Loan Documents) time in accordance with its terms and other contractual instruments shall be deemed to include all subsequent amendments, restatements, extensions, supplements and other modifications thereto, but only to the extent that such amendments, restatements, extensions, supplements and other modifications are permitted (or not prohibited by any restricted) hereunder or under the applicable Loan Document; and (b) references to any statute, regulation or other law shall include all statutory and regulatory provisions consolidating, amending, replacing, supplementing or interpreting such statute, regulation or other law.

Other Definitional Provisions and Rules of Construction. A. Any term of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference. B. References to “Sections” and subsections “subsections” shall be to Sections and subsectionssubsections of, and the words “herein,” “hereof,” “hereto” and “hereunder” and words of similar import, respectively, of shall be references to, this Agreement unless otherwise specifically provided. Section and subsection headings in any Loan Document are included herein for convenience of reference only and shall not constitute a part of this Agreement for any other purpose or be given any substantive effect. C. The use in any of the Loan Documents of the word “include” or “including”, when following any general statement, term or matter, shall not be construed to limit such statement, term or matter to the specific items or matters set forth immediately following such word or to similar items or matters, whether or not nonlimiting language (such as “without limitation” or “but not limited to” or words of similar import) is used with reference thereto, but rather shall be deemed to refer to all other items or matters that fall within the broadest possible scope of such general statement, term or matter. D. Unless otherwise specified, all references herein to times of day shall be references to New York City time (daylight or standard, as applicable). E. Unless otherwise expressly provided herein, (a) references to Organizational Documents, agreements (including the Loan Documents) and other contractual instruments shall be deemed to include all subsequent amendments, restatements, extensions, supplements and other modifications thereto, but only to the extent that such amendments, restatements, extensions, supplements and other modifications are not prohibited by any Loan Document; and (b) references to any statute, regulation or other law shall include all statutory and regulatory provisions consolidating, amending, replacing, supplementing or interpreting such statute, regulation or other law.

Other Definitional Provisions and Rules of Construction. A. Any term of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference. B. References to “Sections” and subsections “subsections” shall be to Sections and subsections, respectively, of this Agreement unless otherwise specifically provided. Section and subsection headings in this Agreement are included herein for convenience of reference only and shall not constitute a part of this Agreement for any other purpose or be given any substantive effect. C. The use in any of the Loan Documents of the word “include” or “including”, when following any general statement, term or matter, shall not be construed to limit such statement, term or matter to the specific items or matters set forth immediately following such word or to similar items or matters, whether or not nonlimiting language (such as “without limitation” or “but not limited to” or words of similar import) is used with reference thereto, but rather shall be deemed to refer to all other items or matters that fall within the broadest possible scope of such general statement, term or matter. D. Unless otherwise specified, all references herein to times of day shall be references to New York City time (daylight or standard, as applicable). E. Unless otherwise expressly provided herein, (a) references to Organizational Documents, agreements (including the Loan Documents) and other contractual instruments shall be deemed to include all subsequent amendments, restatements, extensions, supplements and other modifications thereto. E. Unless the context requires otherwise, but only to the extent that such amendments, restatements, extensions, supplements and other modifications are not prohibited by any Loan Document; and (b) references reference to any statute, regulation or other law shall include all statutory and regulatory provisions consolidating, amending, replacing, supplementing replacing or interpreting such law and any reference to any law or regulation shall, unless otherwise specified, refer to such law or regulation as amended, modified or supplemented from time to time and any successor statute. F. The parties hereto acknowledge and agree that, regulation for purposes of all calculations made for any applicable period under any Loan Document, (i) after consummation of any Permitted Acquisition, (A) income statement items and other balance sheet items (whether positive or other lawnegative) attributable to the target acquired in such transaction shall be included in such calculations to the extent relating to such applicable period on a Pro Forma Basis and (B) Indebtedness of a target which is retired in connection with a Permitted Acquisition shall be excluded from such calculations and deemed to have been retired as of the first day of such applicable period on a Pro Forma Basis and (ii) after any Asset Sale, (A) income statement items, cash flow statement items and balance sheet items (whether positive or negative) attributable to the property or assets disposed of shall be excluded in such calculations to the extent relating to such applicable period on a Pro Forma Basis and (B) Indebtedness that is repaid with the proceeds of such Asset Sale shall be excluded from such calculations and deemed to have been repaid as of the first day of such applicable period on a Pro Forma Basis.

Other Definitional Provisions and Rules of Construction. A. Any term of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, or as a noun or a verb, depending on the reference. B. References to “Exhibits,” “Schedules,” “Sections” and subsections “subsections” shall be to Exhibits, Schedules, Sections and subsections, respectively, of this Agreement unless otherwise specifically provided. Section and subsection headings in this Agreement, and the table of contents to this Agreement, are included herein for convenience of reference only and shall not constitute a part of this Agreement for any other purpose or be given any substantive effect. C. The use in any of the Loan Documents of the word “include” or “including”, when following any general statement, term or matter, shall not be construed to limit such statement, term or matter to the specific items or matters set forth immediately following such word or to similar items or matters, whether or not nonlimiting language (such as “without limitation” or “but not limited to” or words of similar import) is used with reference thereto, but rather shall be deemed to refer to all other items or matters that fall within the broadest possible scope of such general statement, term or matter. D. Unless otherwise specified, all references herein to times of day shall be references to New York City time (daylight or standard, as applicable). E. Unless otherwise expressly provided herein, (a) references to Organizational Documents, agreements (including the Loan Documents) and other contractual instruments shall be deemed to include all subsequent amendments, restatements, extensions, supplements and other modifications thereto, but only to the extent that such amendments, restatements, extensions, supplements and other modifications are not prohibited by any Loan Document; and (b) references to any statute, regulation or other law shall include all statutory and regulatory provisions consolidating, amending, replacing, supplementing or interpreting such statute, regulation or other law.

Other Definitional Provisions and Rules of Construction. A. Any term of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference. B. References to “Sections” and subsections “subsections” shall be to Sections and subsections, respectively, of this Agreement unless otherwise specifically provided. Section and subsection headings in this Agreement are included herein for convenience of reference only and shall not constitute a part of this Agreement for any other purpose or be given any substantive effect. C. The use in any of the Loan Documents of the word “include” or “including”, when following any general statement, term or matter, shall not be construed to limit such statement, term or matter to the specific items or matters set forth immediately following such word or to similar items or matters, whether or not nonlimiting language (such as “without limitation” or “but not limited to” or words of similar import) is used with reference thereto, but rather shall be deemed to refer to all other items or matters that fall within the broadest possible scope of such general statement, term or matter. D. Unless otherwise specified, all references herein to times of day shall be references to New York City time (daylight or standard, as applicable). E. Unless otherwise expressly provided herein, (a) references to Organizational Documents, agreements (including the Loan Documents) and other contractual instruments shall be deemed to include all subsequent amendments, restatements, extensions, supplements and other modifications thereto. E. Unless the context requires otherwise, but only to the extent that such amendments, restatements, extensions, supplements and other modifications are not prohibited by any Loan Document; and (b) references reference to any statute, regulation or other law shall include all statutory and regulatory provisions consolidating, amending, replacing, supplementing replacing or interpreting such statutelaw and any reference to any law or regulation shall, unless otherwise specified, refer to such law or regulation as amended, modified or other lawsupplemented from time to time.