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

Other Definitional Provisions and Rules of Construction. (a) With respect to any Series, all terms used herein and not otherwise defined herein shall have meanings ascribed to them in the related Supplement. (b) All terms defined in this Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (c) As used in this Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Agreement or in any such certificate or other document, and accounting terms partly defined in this Agreement or in any such certificate or other document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles or regulatory accounting principles, as applicable. To the extent that, the definitions of accounting terms in this Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles or regulatory accounting principles, the definitions contained in this Agreement or in any such certificate or other document shall control. (d) The agreements, representations and warranties of Funding and any Additional Transferor in this Agreement in its capacity as Transferor shall be deemed to be the agreements, representations and warranties of Funding and any such Additional Transferor solely in such capacity for so long as Funding and any such Additional Transferor act in such capacity under this Agreement; the agreements, representations and warranties of Capital One in this Agreement as Servicer shall be deemed to be the agreements, representations and warranties of Capital One solely in such capacity for so long as Capital One acts in such capacity under this Agreement. (e) The words “hereof,” “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; references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Agreement unless otherwise specified; and the term “including” means “including without limitation.”

Appears in 7 contracts

Sources: Pooling and Servicing Agreement (Capital One Master Trust), Pooling and Servicing Agreement (Capital One Master Trust), Pooling and Servicing Agreement (Capital One Master Trust)

Other Definitional Provisions and Rules of Construction. (a) With respect to any Series, all A. Any of the terms used herein and not otherwise defined herein shall have meanings ascribed to them may, unless the context otherwise requires, be used in the related Supplementsingular or the plural, depending on the reference. (b) All terms defined B. References to “Sections” and “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 have the defined meanings when used not constitute a part of this Agreement for any other purpose or be given any substantive effect. C. The use in any certificate 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 document made items or delivered pursuant hereto unless otherwise defined thereinmatters that fall within the broadest possible scope of such general statement, term or matter. D. Unless otherwise expressly provided herein, references to Organizational Documents, agreements (cincluding the Loan Documents) As and other contractual instruments shall be deemed to include all subsequent amendments, restatements, extensions, supplements and other modifications thereto. E. Any terms used in this Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not that are defined in this Agreement the Code shall be construed and defined as set forth in the Code unless otherwise defined herein; provided, that to the extent that the Code is used to define any term herein and such term is defined differently in different Articles of the Code, the definition of such term contained in Article 9 of the Code shall govern. F. The words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties. G. Any reference herein or in any such certificate other Loan Document to the satisfaction, repayment, or other documentpayment in full of the Obligations shall mean (a) the payment or repayment in full in immediately available funds of (i) the principal amount of, and accounting terms partly defined interest accrued and unpaid with respect to, all outstanding Loans, together with the payment of any premium applicable to the repayment of the Loans, (ii) all Lender Group Expenses that have accrued and are unpaid regardless of whether demand has been made therefor, (iii) all fees or charges that have accrued hereunder or under any other Loan Document (including the Letter of Credit fee and the Unused Line Fee) and are unpaid, (b) in this Agreement the case of contingent reimbursement obligations with respect to Letters of Credit, providing cash collateral with respect to any outstanding Letters of Credit, (c) in the case of obligations with respect to Bank Products (other than Hedge Obligations), providing Bank Product Collateralization, (d) the receipt by Administrative Agent of cash collateral in order to secure any other contingent Obligations for which a claim or demand for payment has been made on or prior to such time or in respect of matters or circumstances known to Administrative Agent or a Lender at such time that are reasonably expected to result in any loss, cost, damage, or expense to Administrative Agent or such certificate or other document Lender (including, to the extent not definedincluded in the Obligations, shall have the respective meanings given to them under generally accepted accounting principles or regulatory accounting principlesattorneys fees and legal expenses), as applicable. To the extent that, the definitions of accounting terms in this Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles or regulatory accounting principles, the definitions contained in this Agreement or in any such certificate or other document shall control. (d) The agreements, representations and warranties of Funding and any Additional Transferor in this Agreement in its capacity as Transferor shall be deemed cash collateral to be the agreements, representations and warranties of Funding and any such Additional Transferor solely in such capacity for so long amount as Funding and any Administrative Agent reasonably determines is appropriate to secure such Additional Transferor act in such capacity under this Agreement; the agreementscontingent Obligations, representations and warranties of Capital One in this Agreement as Servicer shall be deemed to be the agreements, representations and warranties of Capital One solely in such capacity for so long as Capital One acts in such capacity under this Agreement. (e) The words “hereof,” “herein” and “hereunder” and words the payment or repayment in full in immediately available funds of similar import when used in this Agreement shall refer to this Agreement all other outstanding Obligations (including the payment of any termination amount then applicable (or which would or could become applicable as a whole result of the repayment of the other Obligations) under Hedge Agreements provided by Hedge Providers) (as to all of clauses (a) through (e) of this subsection 1.3G, other than (i) unasserted contingent indemnification Obligations, (ii) any Bank Product Obligations (other than Hedge Obligations) that, at such time, are allowed by the applicable Bank Product Provider to remain outstanding without being required to be repaid or cash collateralized, and not (iii) any Hedge Obligations that, at such time, are allowed by the applicable Hedge Provider to remain outstanding without being required to be repaid), and (f) the termination of all of the Commitments of the Lenders. H. Any reference herein to any particular provision of this Agreement; references Person shall be construed to any Section, Schedule or Exhibit are references to Sections, Schedules include such Person’s successors and Exhibits in or to this Agreement unless otherwise specified; and the term “including” means “including without limitationassigns.

Appears in 1 contract

Sources: Credit Agreement (Unified Grocers, Inc.)

Other Definitional Provisions and Rules of Construction. (a) With respect to any Series, all terms used herein and not otherwise defined herein shall have meanings ascribed to them in the related Supplement. (ba) All terms defined in this Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (cb) As used in this Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Agreement or in any such certificate or other document, and accounting terms partly defined in this Agreement or in any such certificate or other document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles or regulatory accounting principles, as applicable, as in effect on the date of this Agreement or on the date of any such certificate or other document. To the extent that, that the definitions of accounting terms in this Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles or regulatory accounting principles, the definitions contained in this Agreement or in any such certificate or other document shall control. (dc) The agreements, agreements representations and warranties of Funding and any Additional Transferor ABSC in this Agreement in its capacity as Transferor Depositor shall be deemed to be the agreements, representations and warranties of Funding and any such Additional Transferor ABSC solely in such its capacity for so long as Funding and any such Additional Transferor act in such capacity under this Agreement; the agreements, representations and warranties of Capital One in this Agreement as Servicer shall be deemed to be the agreements, representations and warranties of Capital One solely in such capacity for so long as Capital One ABSC acts in such capacity under this Agreement. (ed) The words "hereof,” “", "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; references to any Article, Section, Schedule or Exhibit are references to Articles, Sections, Schedules and Exhibits in or to this Agreement unless otherwise specified; and the term "including" means "including without limitation".

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Asset Backed Securities Corp)

Other Definitional Provisions and Rules of Construction. (a) With respect to any Series, all terms used herein and not otherwise defined herein shall have meanings ascribed to them in the related Supplement. (ba) All terms defined in this Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (cb) As used in this Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Agreement or in any such certificate or other document, and accounting terms partly defined in this Agreement or in any such certificate or other document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles or regulatory accounting principles, as applicable, as in effect on the date of this Agreement or on the date of any such certificate or other document. To the extent that, that the definitions of accounting terms in this Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles or regulatory accounting principles, the definitions contained in this Agreement or in any such certificate or other document shall control. (dc) The agreements, agreements representations and warranties of Funding and any Additional Transferor ACE in this Agreement in its capacity as Transferor Depositor shall be deemed to be the agreements, representations and warranties of Funding and any such Additional Transferor ACE solely in such its capacity for so long as Funding and any such Additional Transferor act in such capacity under this Agreement; the agreements, representations and warranties of Capital One in this Agreement as Servicer shall be deemed to be the agreements, representations and warranties of Capital One solely in such capacity for so long as Capital One ACE acts in such capacity under this Agreement. (ed) The words "hereof,” “", "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; references to any Article, Section, Schedule or Exhibit are references to Articles, Sections, Schedules and Exhibits in or to this Agreement unless otherwise specified; and the term "including" means "including without limitation".

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Ace Securities Corp)

Other Definitional Provisions and Rules of Construction. (a) With respect to any Series, all terms used herein and not otherwise defined herein shall have meanings ascribed to them in the related Supplement. (b) All terms defined in this Agreement shall have the defined meanings when used in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (c) As used in this Agreement and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Agreement or in any such certificate or other document, and accounting terms partly defined in this Agreement or in any such certificate or other document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles or regulatory accounting principles, as applicable. To the extent that, the definitions of accounting terms in this Agreement or in any such certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles or regulatory accounting principles, the definitions contained in this Agreement or in any such certificate or other document shall control. (d) The agreements, representations and warranties of Funding and any Additional Transferor in this Agreement in its capacity as Transferor shall be deemed to be the agreements, representations and warranties of Funding and any such Additional Transferor solely in such capacity for so long as Funding and any such Additional Transferor act in such capacity under this Agreement; the agreements, representations and warranties of Capital One in this Agreement as Servicer shall be deemed to be the agreements, representations and warranties of Capital One solely in such capacity for so long as Capital One acts in such capacity under this Agreement. (e) The words "hereof,” “" "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; references to any Section, Schedule or Exhibit are references to Sections, Schedules and Exhibits in or to this Agreement unless otherwise specified; and the term "including" means "including without limitation."

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Capital One Master Trust)