Common use of Other Definitional Terms Clause in Contracts

Other Definitional Terms. Unless otherwise expressly provided herein, references herein to any agreement, document, form, or instrument shall be deemed to include all subsequent amendments, modifications, supplements, extensions, renewals, restatements or replacements with respect thereto, but only to the extent the same are not prohibited by the terms hereof or of any other Credit Document. Terms not otherwise defined herein which are defined in the UCC shall have the meanings given them in the UCC, as in effect from time to time. The term “on the date hereof” shall mean the date of this Agreement. The words “hereof”, “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to the Agreement as a whole and not to any particular provision of this Agreement, unless otherwise specifically provided. References in this Agreement to “Articles”, “Sections”, “Schedules” or “Exhibits” shall be to Articles, Sections, Schedules or Exhibits of or to this Agreement unless otherwise specifically provided. Any of the terms defined in Section 1.1 may, unless the context otherwise requires, be used in the singular or plural depending on the reference. “Include”, “includes” and “including” shall be deemed to be followed by “without limitation” whether or not they are in fact followed by such words or words of like import. “Writing”, “written” and comparable terms refer to printing, typing, computer disk, e-mail and other means of reproducing words in a visible form. References to any agreement or contract are to such agreement or contract as amended, modified or supplemented from time to time. References to any Person include the successors and permitted assigns of such Person. References “from” or “through” any date mean, unless otherwise specified, “from and including” or “through and including”, respectively. References to any times herein shall refer to the Eastern time zone.

Other Definitional Terms. Unless otherwise expressly provided herein, references herein to any agreement, document, form, or instrument shall be deemed to include all subsequent amendments, modifications, supplements, extensions, renewals, restatements or replacements with respect thereto, but only to the extent the same are not prohibited by the terms hereof or Rules of any other Credit Document. Terms not otherwise defined herein which are defined in the UCC shall have the meanings given them in the UCC, as in effect from time to time. The term “on the date hereof” shall mean the date of this AgreementInterpretation. The words “"hereof”", “"herein” " and “"hereunder” " and words of similar import when used in this Agreement shall refer to the this Agreement as a whole and not to any particular provision of this Agreement, unless . All terms defined in the UCC and not otherwise specifically provideddefined herein have the meanings assigned to them in the UCC. References in this Agreement to “Articles”, “Sections”, “Schedules” or “Exhibits” shall be to Articles, Sections, subsections, Exhibits, Schedules and the like, are to Articles, Sections and subsections of, or Exhibits of or to Schedules attached to, this Agreement unless otherwise specifically expressly provided. Any of the terms defined in Section 1.1 mayThe words "include", unless the context otherwise requires, be used in the singular or plural depending on the reference. “Include”, “"includes” " and “"including” " shall be deemed to be followed by “the phrase "without limitation” whether or not they are ". Unless the context in fact followed which used herein otherwise clearly requires, "or" has the inclusive meaning represented by such words or words of like importthe phrase "and/or". “Writing”, “written” and comparable terms refer to printing, typing, computer disk, e-mail and other means of reproducing words in a visible form. References Reference to any agreement (including the Loan Documents), document or contract are instrument means such agreement, document or instrument as amended or modified and in effect from time to such agreement time in accordance with the terms thereof (and, if applicable, in accordance with the terms hereof and the other Loan Documents), except where otherwise explicitly provided, and reference to any promissory note includes any promissory note which is an extension or contract renewal thereof or a substitute or replacement therefor. Reference to any law, rule, regulation, order, decree, requirement, policy, guideline, directive or interpretation means as amended, modified modified, codified, replaced or supplemented from time to time. References to any Person include reenacted, in whole or in part, and in effect on the successors determination date, including rules and permitted assigns of such Person. References “from” or “through” any date mean, unless otherwise specified, “from and including” or “through and including”, respectively. References to any times herein shall refer to the Eastern time zoneregulations promulgated thereunder."

Other Definitional Terms. Unless otherwise expressly provided herein, references herein to any agreement, document, form, or instrument shall be deemed to include all subsequent amendments, modifications, supplements, extensions, renewals, restatements or replacements with respect thereto, but only to the extent the same are not prohibited by the terms hereof or of any other Credit Document. Terms not otherwise defined herein which are defined in the UCC shall have the meanings given them in the UCC, as in effect from time to time. The term “on the date hereof” shall mean the date of this Agreement. The words “hereof”, ,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to the this Agreement as a whole and not to any particular provision of this Agreement, unless otherwise specifically provided. References in this Agreement to “Articles”Sections, “Sections”, “Schedules” or “Exhibits” shall be to Articles, SectionsExhibits, Schedules or Exhibits of or and like references are to this Agreement unless otherwise specifically expressly provided. Any of the terms defined in Section 1.1 may, unless the context otherwise requires, be used in the singular or plural depending on the reference. The words “Include”, include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” whether or not they are The term “shall” shall have the same meaning as the term “will”. Unless the context in fact followed by such words or words of like import. “Writing”which used herein otherwise clearly requires, “writtenor” and comparable terms refer to printinghas the inclusive meaning represented by the phrase “and/or.” Unless the context requires otherwise, typing, computer disk, e-mail and other means (a) any definition of reproducing words in a visible form. References or reference to any agreement agreement, instrument or contract are other document herein shall be construed as referring to such agreement agreement, instrument or contract other document as amended, modified or supplemented from time to time. References time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein), (b) any definition of or reference to any law, rule or regulation shall be construed as referring to such law, rule or regulation as from time to time amended and any successor thereto and in the case of such law, the rules and regulations promulgated from time to time thereunder, (c) any reference herein to any Person shall be construed to include the such Person’s successors and permitted assigns assigns. All incorporation by reference of covenants, terms, definitions or other provisions from other agreements are incorporated into this Agreement as if such provisions were fully set forth herein, and such incorporation shall include all necessary definitions and related provisions from such other agreements but including only amendments thereto agreed to by the Lender, and shall survive any termination of such Person. References “from” or “through” any date mean, unless otherwise specified, “from other agreements until the Obligations are irrevocably paid in full (other than inchoate indemnity obligations) and including” or “through and including”, respectively. References the commitments of the Lender to any times herein shall refer advance funds to the Eastern time zoneBorrower are terminated.

Other Definitional Terms. Unless otherwise expressly provided herein, references herein to any agreement, document, form, or instrument shall be deemed to include all subsequent amendments, modifications, supplements, extensions, renewals, restatements or replacements with respect thereto, but only to the extent the same are not prohibited by the terms hereof or of any other Credit Document. Terms not otherwise defined herein which are defined in the UCC shall have the meanings given them in the UCC, as in effect from time to time. The term “on the date hereof” shall mean the date of this AgreementRULES OF INTERPRETATION. The words “"hereof”", “"herein” " and “"hereunder” " and words of similar import when used in this Agreement shall refer to the this Agreement as a whole and not to any particular provision of this Agreement, unless . All accounting terms not otherwise specifically provideddefined herein have the meanings assigned to them in accordance with GAAP. All terms defined in the UCC and not otherwise defined herein have the meanings assigned to them in the UCC. References in this Agreement to “Articles”, “Sections”, “Schedules” or “Exhibits” shall be to Articles, Sections, subsections, Exhibits, Schedules and the like, are to Articles, Sections and subsections of, or Exhibits of or to Schedules attached to, this Agreement unless otherwise specifically expressly provided. Any of the terms defined in Section 1.1 mayThe words "include", unless the context otherwise requires, be used in the singular or plural depending on the reference. “Include”, “"includes” " and “"including” " shall be deemed to be followed by “the phrase "without limitation” whether or not they are ". Unless the context in fact followed which used herein otherwise clearly requires, "or" has the inclusive meaning represented by such words or words of like importthe phrase "and/or". “Writing”, “written” Defined terms include in the singular number the plural and comparable terms refer to printing, typing, computer disk, e-mail and other means of reproducing words in a visible formthe plural number the singular. References Reference to any agreement (including the Loan Documents), document or contract are instrument means such agreement, document or instrument as amended or modified and in effect from time to such agreement time in accordance with the terms thereof (and, if applicable, in accordance with the terms hereof and the other Loan Documents), except where otherwise explicitly provided, and reference to any promissory note includes any promissory note which is an extension or contract renewal thereof or a substitute or replacement therefor. Reference to any law, rule, regulation, order, decree, requirement, policy, guideline, directive or interpretation means as amended, modified modified, codified, replaced or supplemented from time to time. References to any Person include reenacted, in whole or in part, and in effect on the successors determination date, including rules and permitted assigns of such Person. References “from” or “through” any date mean, unless otherwise specified, “from and including” or “through and including”, respectively. References to any times herein shall refer to the Eastern time zoneregulations promulgated thereunder."

Other Definitional Terms. Unless otherwise expressly provided herein, references herein to any agreement, document, form, or instrument shall be deemed to include all subsequent amendments, modifications, supplements, extensions, renewals, restatements or replacements with respect thereto, but only to the extent the same are not prohibited by the terms hereof or of any other Credit Document. Terms not otherwise defined herein which are defined in the UCC shall have the meanings given them in the UCC, . It is the specific intent of Borrower and Lender that references to terms defined in the UCC shall mean the definitions set forth in the UCC as the UCC is in effect from time to time. The term “on the date hereof” shall mean the date of this Agreement. The words “hereof”, “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to the Agreement as a whole and not to any particular provision of this Agreement, unless otherwise specifically provided. References in this Agreement to “Articles”, “Sections”, “Schedules” or “Exhibits” shall be to Articles, Sections, Schedules or Exhibits of or to this Agreement unless otherwise specifically provided. Any of the terms defined in Section 1.1 may, unless the context otherwise requires, be used in the singular or plural depending on the reference. “Include”, “includes” and “including” shall be deemed to be followed by “without limitation” whether or not they are in fact followed by such words or words of like import. “Writing”, “written” and comparable terms refer to printing, typing, computer disk, e-mail and other means of reproducing words in a visible form. References to any agreement or contract are to such agreement or contract as amended, modified or supplemented from time to timetime in accordance with the terms hereof and thereof. References to any Person include the successors and permitted assigns of such Person. References “from” or “through” any date mean, unless otherwise specified, “from and including” or “through and including”, respectively. References to any times herein shall refer to the Eastern applicable time zonein New York, New York.

Other Definitional Terms. Unless otherwise expressly provided herein, references herein to any agreement, document, form, or instrument shall be deemed to include all subsequent amendments, modifications, supplements, extensions, renewals, restatements or replacements with respect thereto, but only to the extent the same are not prohibited by the terms hereof or of any other Credit Document. Terms not otherwise defined herein which are defined in the UCC shall have the meanings given them in the UCC, as in effect from time to time. The term “"on the date hereof” " shall mean the date of this Agreement. The words “"hereof”", “"herein” " and “"hereunder” " and words of similar import when used in this Agreement shall refer to the Agreement as a whole and not to any particular provision of this Agreement, unless otherwise specifically provided. References in this Agreement to “"Articles”", “"Sections”", “"Schedules” " or “"Exhibits” " shall be to Articles, Sections, Schedules or Exhibits of or to this Agreement unless otherwise specifically provided. Any of the terms defined in Section 1.1 may, unless the context otherwise requires, be used in the singular or plural depending on the reference. “"Include”", “"includes” " and “"including” " shall be deemed to be followed by “"without limitation” " whether or not they are in fact followed by such words or words of like import. “"Writing”", “"written” " and comparable terms refer to printing, typing, computer disk, e-mail and other means of reproducing words in a visible form. References to any agreement or contract are to such agreement or contract as amended, modified or supplemented from time to time. References to any Person include the successors and permitted assigns of such Person. References “"from” " or “"through” " any date mean, unless otherwise specified, “"from and including” " or “"through and including”", respectively. References to any times herein shall refer to the Eastern time zone.