Common use of Other Rules of Interpretation Clause in Contracts

Other Rules of Interpretation. In this Agreement, unless a contrary intention appears: (a) a reference to any person is, where relevant, deemed to be a reference to or to include, as appropriate, that person's successors and permitted assignees or transferees; (b) references to clauses and schedules are references to, respectively, clauses of and schedules to this Agreement and references to this Agreement include its schedules; (c) a reference to (or to any specified provision of) any agreement or document is to be construed as a reference to that agreement or document (or that provision) as it may be amended from time to time, but excluding for this purpose any amendment which is contrary to any provision of the Intercreditor Deed or the Priority Deed; (d) a reference to a statute, statutory instrument or accounting standard or any provision thereof is to be construed as a reference to that statute, statutory instrument or accounting standard or such provision thereof, as it may be amended or re-enacted from time to time; (e) the table of contents of and the headings in this Agreement are inserted for convenience only and are to be ignored in construing this Agreement; and (f) words importing the plural shall include the singular and vice versa. IN WITNESS whereof this Agreement has been entered into the day and year first above written. This Bond Certificate is issued in respect of €1,164,519,839 in aggregate principal amount of the €1,164,519,839 Bonds due 30 June 2026, each in the denomination of €1 (the "Bonds") of FIMEP S.A. (the "Issuer"). Any reference herein to the " Conditions" is to the terms and conditions of the Bonds endorsed hereon and any reference herein to a particular numbered Condition shall be construed accordingly. This is to certify that: [name of subscriber] of [address of subscriber] is the person registered in the register maintained by the Issuer in relation to the Bonds (the "Register") as the duly registered Holder of the Bonds represented by this Bond Certificate (the " Bondholder"). Subject to the Intercreditor Deed and the Priority Deed (each as defined in the Conditions), the Issuer, for value received, promises, all in accordance with the Conditions, to pay to the Bondholder, and the Bondholder is entitled to receive, the principal sum of: on such date or dates as the same may become due and payable in accordance with the Conditions, together with interest on such principal sum at the times and the rate specified in the Conditions. This Bond Certificate is evidence of entitlement only. Title to the Bonds passes only on due registration in the Register and only the Bondholder is entitled to payment in respect of this Bond Certificate. Transfers of these Bonds and registration of any transfer of this Bond Certificate are subject to the Conditions. As witness the manual signature of an authorised signatory of the Issuer. FIMEP S.A. Issued on: [•] 2003 By (authorised signatory) 5 FORM OF TRANSFER For value received, we, [name of registered Holder], being the registered Holder of the Bond(s) represented by this Bond Certificate (the "Transferor"), hereby transfer to: the "Transferee" €[ • ] in principal amount of the €1,164,519,839 Bonds due 30 June 2026 (the "Bonds") of FIMEP S.A. (the " Issuer") being [insert number of Bonds] Bonds represented by this Bond Certificate and to which this form of transfer relates, and we hereby irrevocably request and authorise the Issuer to effect the relevant transfer by means of appropriate entries in the Register relating to the Bonds. By its signature below, the Transferee acknowledges the terms and condition of the Bonds (the "Conditions"), including, without limitation, the subordination provisions contained in Condition 5 thereof. Dated: By: (duly authorised) By:

Other Rules of Interpretation. In (1) Except as may be otherwise specifically provided in this Agreement and unless the context otherwise requires, the Parties agree that (i) the terms “Agreement”, “this Agreement”, “the Agreement”, “hereto”, “hereof”, “herein”, “hereby”, “hereunder” and similar expressions refer to this Agreement in its entirety and not to any particular provision hereof; (ii) references to an “Article”, “Section”, “clause” or “Schedule” followed by a number or letter refer to the specified Article, Section or clause of or Schedule to this Agreement; (iii) headings of Articles and Sections are inserted for convenience of reference only and shall not affect the construction or interpretation of this Agreement (iv) where the word “including” or “includes” is used in this Agreement, it means “including without limitation” or “includes without limitation”; (v) all references to “ounces” as a measure of mass in this Agreement are to ▇▇▇▇ ounces; (vi) the language used in this Agreement is the language chosen by the Parties to express their mutual intent; (vii) unless a contrary intention appears: the context otherwise requires, words importing the singular include the plural and vice versa and words importing gender include all genders; (aviii) a reference to a statute includes all regulations made pursuant to and rules promulgated under such statute and, unless otherwise specified, any person isreference to a statute or regulation includes the provisions of any statute or regulation which amends, supplements or supersedes any such statute or any such regulation from time to time; (ix) except where relevantthe context otherwise requires, all references to agreements (including this Agreement) and other contractual instruments shall be deemed to be a reference to or to include, as appropriate, that person's successors and permitted assignees or transferees; (b) references to clauses and schedules are references to, respectively, clauses of and schedules to this Agreement and references to this Agreement include its schedules; (c) a reference to (or to any specified provision of) any such agreement or document is to be construed as a reference to that agreement or document (or that provision) instrument as it may be amended, modified, restated, amended and restated, supplemented or extended from time to time, but excluding for this purpose any amendment which ; (x) time is contrary to any provision of the Intercreditor Deed essence in the performance of the Parties’ respective obligations under this Agreement; (xi) all statements or the Priority Deed; (d) a reference references to a statute, statutory instrument or accounting standard or any provision thereof is to be construed as a reference to that statute, statutory instrument or accounting standard or such provision thereof, as it may be amended or re-enacted from time to time; (e) the table of contents of and the headings dollar amounts in this Agreement are inserted for convenience only and are to US dollars; (xii) any rule of construction to the effect that any ambiguity is to be ignored resolved against the drafting Party shall not be applicable in construing the interpretation of this Agreement; and (fxiii) words importing references to “indebtedness” includes any obligation (whether incurred as principal or as surety) for the plural shall include the singular payment or repayment of money, whether present or future, actual or contingent; and vice versa. IN WITNESS whereof this Agreement has been entered into the day (xiv) certain amounts and year first above written. This Bond Certificate is issued in respect of €1,164,519,839 in aggregate principal amount of the €1,164,519,839 Bonds due 30 June 2026, each in the denomination of €1 (the "Bonds") of FIMEP S.A. (the "Issuer"). Any reference herein figures are subject to the " Conditions" is to the terms and conditions of the Bonds endorsed hereon and any reference herein to a particular numbered Condition shall be construed accordingly. This is to certify that: [name of subscriber] of [address of subscriber] is the person registered in the register maintained by the Issuer in relation to the Bonds (the "Register") as the duly registered Holder of the Bonds represented by this Bond Certificate (the " Bondholder"). Subject to the Intercreditor Deed and the Priority Deed (each as defined in the Conditions), the Issuer, for value received, promises, all adjustment in accordance with the Conditions, to pay to the Bondholder, and the Bondholder is entitled to receive, the principal sum of: on such date or dates as the same may become due and payable in accordance with the Conditions, together with interest on such principal sum at the times and the rate specified in the Conditions. This Bond Certificate is evidence of entitlement only. Title to the Bonds passes only on due registration in the Register and only the Bondholder is entitled to payment in respect of this Bond Certificate. Transfers of these Bonds and registration of any transfer of this Bond Certificate are subject to the Conditions. As witness the manual signature of an authorised signatory of the Issuer. FIMEP S.A. Issued on: [•] 2003 By (authorised signatory) 5 FORM OF TRANSFER For value received, we, [name of registered Holder], being the registered Holder of the Bond(s) represented by this Bond Certificate (the "Transferor"), hereby transfer to: the "Transferee" €[ • ] in principal amount of the €1,164,519,839 Bonds due 30 June 2026 (the "Bonds") of FIMEP S.A. (the " Issuer") being [insert number of Bonds] Bonds represented by this Bond Certificate and to which this form of transfer relates, and we hereby irrevocably request and authorise the Issuer to effect the relevant transfer by means of appropriate entries in the Register relating to the Bonds. By its signature below, the Transferee acknowledges the terms and condition of the Bonds (the "Conditions"), including, without limitation, the subordination provisions contained in Condition 5 thereof. Dated: By: (duly authorised) By:Clause 2A.2.

Other Rules of Interpretation. In this Agreement, unless a contrary intention appearsspecifically provided otherwise or the context otherwise requires: (a) a reference to any person isthe word “day” means calendar day, where relevant, deemed to be a reference to or to include, as appropriate, that person's successors and permitted assignees or transfereesthe word “month” means calendar month; (b) references to clauses the words “hereto”, “hereof”, “herein”, “hereby” and schedules are references to“hereunder” and words of similar import, respectivelywhen used in this Agreement, clauses of and schedules shall refer to this Agreement as a whole and references not to any particular provision of this Agreement include its schedulesAgreement; (c) a reference all references to (“$” or dollars are to any specified provision of) any agreement or document is to be construed as a reference to that agreement or document (or that provision) as it may be amended from time to time, but excluding for this purpose any amendment which is contrary to any provision of the Intercreditor Deed or the Priority DeedUnited States dollars; (d) a reference references herein to a statutespecific Article, statutory instrument Section, Exhibit or accounting standard Schedule shall refer, respectively, to Articles, Sections, Exhibits or any provision thereof is to be construed as a reference to that statute, statutory instrument or accounting standard or such provision thereof, as it may be amended or re-enacted from time to timeSchedules of this Agreement unless otherwise indicated; (e) heading references herein and the table of contents hereof are for convenience purposes only, and shall not be deemed to limit or affect the construction or interpretation of and any of the headings provisions hereof; (f) wherever the word “include”, “includes” or “including” is used in this Agreement are inserted for convenience only and are Agreement, it shall be deemed to be ignored followed by the words “without limitation”; (g) the word “or” shall include both the conjunctive and disjunctive; (h) references to a specific time shall refer to the prevailing time in construing Port Huron, Michigan; (i) the word “extent” in the phrase “to the extent” shall mean the degree to which a subject or other thing extends and such phrase shall not mean simply “if”; (j) references to a Party mean the Party or its successors and permitted assigns; (k) any document or item shall be deemed “delivered”, “provided” or “made available” by Vendor within the meaning of this AgreementAgreement if such document or item is included in the “Falcon” datasite administered by Datasite LLC at least one (1) Business Days prior to the Signing Date; (l) any statute or regulation defined or referred to herein means such statute or regulation as from time to time amended, supplemented or modified, including by succession of comparable successor statutes or regulations; and (fm) words importing the plural shall include the singular and vice versa. IN WITNESS whereof this Agreement has been entered into the day and year first above written. This Bond Certificate is issued in respect of €1,164,519,839 in aggregate principal amount of the €1,164,519,839 Bonds due 30 June 2026any agreement, each in the denomination of €1 (the "Bonds") of FIMEP S.A. (the "Issuer"). Any reference instrument or writing defined or referred to herein means such agreement, instrument or writing, as from time to time amended, supplemented or modified prior to the " Conditions" is to the terms and conditions of the Bonds endorsed hereon and any reference herein to a particular numbered Condition shall be construed accordingly. This is to certify that: [name of subscriber] of [address of subscriber] is the person registered in the register maintained by the Issuer in relation to the Bonds (the "Register") as the duly registered Holder of the Bonds represented by this Bond Certificate (the " Bondholder"). Subject to the Intercreditor Deed and the Priority Deed (each as defined in the Conditions), the Issuer, for value received, promises, all in accordance with the Conditions, to pay to the Bondholder, and the Bondholder is entitled to receive, the principal sum of: on such date or dates as the same may become due and payable in accordance with the Conditions, together with interest on such principal sum at the times and the rate specified in the Conditions. This Bond Certificate is evidence of entitlement only. Title to the Bonds passes only on due registration in the Register and only the Bondholder is entitled to payment in respect of this Bond Certificate. Transfers of these Bonds and registration of any transfer of this Bond Certificate are subject to the Conditions. As witness the manual signature of an authorised signatory of the Issuer. FIMEP S.A. Issued on: [•] 2003 By (authorised signatory) 5 FORM OF TRANSFER For value received, we, [name of registered Holder], being the registered Holder of the Bond(s) represented by this Bond Certificate (the "Transferor"), hereby transfer to: the "Transferee" €[ • ] in principal amount of the €1,164,519,839 Bonds due 30 June 2026 (the "Bonds") of FIMEP S.A. (the " Issuer") being [insert number of Bonds] Bonds represented by this Bond Certificate and to which this form of transfer relates, and we hereby irrevocably request and authorise the Issuer to effect the relevant transfer by means of appropriate entries in the Register relating to the Bonds. By its signature below, the Transferee acknowledges the terms and condition of the Bonds (the "Conditions"), including, without limitation, the subordination provisions contained in Condition 5 thereof. Dated: By: (duly authorised) By:hereof.

Other Rules of Interpretation. In (1) Except as may be otherwise specifically provided in this Agreement and unless the context otherwise requires, the Parties agree that (i) the terms “Agreement”, “this Agreement”, “the Agreement”, “hereto”, “hereof”, “herein”, “hereby”, “hereunder” and similar expressions refer to this Agreement in its entirety and not to any particular provision hereof; (ii) references to an “Article”, “Section” or “Schedule” followed by a number or letter refer to the specified Article or Section of or Schedule to this Agreement; (iii) headings of Articles and Sections are inserted for convenience of reference only and shall not affect the construction or interpretation of this Agreement (iv) where the word “including” or “includes” is used in this Agreement, it means “including without limitation” or “includes without limitation”; (v) all references to “tonnes” as a measure of mass in this Agreement are to dry metric tonnes; (vi) the language used in this Agreement is the language chosen by the Parties to express their mutual intent; (vii) unless a contrary intention appears: the context otherwise requires, words importing the singular include the plural and vice versa and words importing gender include all genders; (aviii) a reference to a statute includes all regulations and orders made pursuant to and rules promulgated under such statute and, unless otherwise specified, any person isreference to a statute or regulation includes the provisions of any statute or regulation which amends, supplements or supersedes any such statute or any such regulation from time to time; (ix) except where relevantthe context otherwise requires, all references to agreements (including this Agreement) and other contractual instruments shall be deemed to be a reference to or to include, as appropriate, that person's successors and permitted assignees or transferees; (b) references to clauses and schedules are references to, respectively, clauses of and schedules to this Agreement and references to this Agreement include its schedules; (c) a reference to (or to any specified provision of) any such agreement or document is to be construed as a reference to that agreement or document (or that provision) instrument as it may be amended, modified, restated, amended and restated, supplemented or extended from time to time, but excluding for this purpose any amendment which ; (x) time is contrary to any provision of the Intercreditor Deed essence in the performance of the Parties’ respective obligations under this Agreement; (xi) all statements or the Priority Deed; (d) a reference references to a statute, statutory instrument $ or accounting standard or any provision thereof is to be construed as a reference to that statute, statutory instrument or accounting standard or such provision thereof, as it may be amended or re-enacted from time to time; (e) the table of contents of and the headings dollar amounts in this Agreement are inserted for convenience only and are to US dollars; (xii) any rule of construction to the effect that any ambiguity is to be ignored resolved against the drafting Party shall not be applicable in construing the interpretation of this Agreement; and (fxiii) words importing references to “indebtedness” includes any obligation (whether incurred as principal or as surety and whether alone or jointly with others) for the plural shall include the singular payment or repayment of money, whether present or future, actual or contingent; and vice versa. IN WITNESS whereof this Agreement has been entered into the day and year first above written. This Bond Certificate is issued in respect of €1,164,519,839 in aggregate principal amount of the €1,164,519,839 Bonds due 30 June 2026(xiv) references to “receiver” includes a receiver, each in the denomination of €1 (the "Bonds") of FIMEP S.A. (the "Issuer"). Any reference herein to the " Conditions" is to the terms and conditions of the Bonds endorsed hereon and any reference herein to a particular numbered Condition shall be construed accordingly. This is to certify that: [name of subscriber] of [address of subscriber] is the person registered in the register maintained by the Issuer in relation to the Bonds (the "Register") as the duly registered Holder of the Bonds represented by this Bond Certificate (the " Bondholder"). Subject to the Intercreditor Deed and the Priority Deed (each as defined in the Conditions)interim receiver, the Issuerreceiver manager, for value receivedsequestrator, promisesconservator, all in accordance with the Conditionscustodian, to pay to the Bondholderadministrator, and the Bondholder is entitled to receiveliquidator, the principal sum of: on such date monitor or dates as the same may become due and payable in accordance with the Conditions, together with interest on such principal sum at the times and the rate specified in the Conditions. This Bond Certificate is evidence of entitlement only. Title to the Bonds passes only on due registration in the Register and only the Bondholder is entitled to payment in respect of this Bond Certificate. Transfers of these Bonds and registration of any transfer of this Bond Certificate are subject to the Conditions. As witness the manual signature of an authorised signatory of the Issuer. FIMEP S.A. Issued on: [•] 2003 By (authorised signatory) 5 FORM OF TRANSFER For value received, we, [name of registered Holder], being the registered Holder of the Bond(s) represented by this Bond Certificate (the "Transferor"), hereby transfer to: the "Transferee" €[ • ] in principal amount of the €1,164,519,839 Bonds due 30 June 2026 (the "Bonds") of FIMEP S.A. (the " Issuer") being [insert number of Bonds] Bonds represented by this Bond Certificate and to which this form of transfer relates, and we hereby irrevocably request and authorise the Issuer to effect the relevant transfer by means of appropriate entries in the Register relating to the Bonds. By its signature below, the Transferee acknowledges the terms and condition of the Bonds (the "Conditions"), including, without limitation, the subordination provisions contained in Condition 5 thereof. Dated: By: (duly authorised) By:similar official.

Other Rules of Interpretation. In (1) Except as may be otherwise specifically provided in this Agreement and unless the context otherwise requires, the Parties agree that (i) the terms “Agreement”, “this Agreement”, “the Agreement”, “hereto”, “hereof”, “herein”, “hereby”, “hereunder” and similar expressions refer to this Agreement in its entirety and not to any particular provision hereof; (ii) references to an “Article”, “Section”, “clause” or “Schedule” followed by a number or letter refer to the specified Article, Section or clause of or Schedule to this Agreement; (iii) headings of Articles and Sections are inserted for convenience of reference only and shall not affect the construction or interpretation of this Agreement (iv) where the word “including” or “includes” is used in this Agreement, it means “including without limitation” or “includes without limitation”; (v) all references to “tonnes” as a measure of mass in this Agreement are to dry metric tonnes; (vi) the language used in this Agreement is the language chosen by the Parties to express their mutual intent; (vii) unless a contrary intention appears: the context otherwise requires, words importing the singular include the plural and vice versa and words importing gender include all genders; (aviii) a reference to a statute includes all regulations made pursuant to and rules promulgated under such statute and, unless otherwise specified, any person isreference to a statute or regulation includes the provisions of any statute or regulation which amends, supplements or supersedes any such statute or any such regulation from time to time; (ix) except where relevantthe context otherwise requires, all references to agreements (including this Agreement) and other contractual instruments shall be deemed to be a reference to or to include, as appropriate, that person's successors and permitted assignees or transferees; (b) references to clauses and schedules are references to, respectively, clauses of and schedules to this Agreement and references to this Agreement include its schedules; (c) a reference to (or to any specified provision of) any such agreement or document is to be construed as a reference to that agreement or document (or that provision) instrument as it may be amended, modified, restated, amended and restated, supplemented or extended from time to time, but excluding for this purpose any amendment which ; (x) time is contrary to any provision of the Intercreditor Deed essence in the performance of the Parties’ respective obligations under this Agreement; (xi) all statements or the Priority Deed; (d) a reference references to a statute, statutory instrument or accounting standard or any provision thereof is to be construed as a reference to that statute, statutory instrument or accounting standard or such provision thereof, as it may be amended or re-enacted from time to time; (e) the table of contents of and the headings dollar amounts in this Agreement are inserted for convenience only and are to US dollars; (xii) any rule of construction to the effect that any ambiguity is to be ignored resolved against the drafting Party shall not be applicable in construing the interpretation of this Agreement; and (fxiii) words importing references to “indebtedness” includes any obligation (whether incurred as principal or as surety) for the plural shall include the singular payment or repayment of money, whether present or future, actual or contingent; and vice versa. IN WITNESS whereof this Agreement has been entered into the day (xiv) certain amounts and year first above written. This Bond Certificate is issued in respect of €1,164,519,839 in aggregate principal amount of the €1,164,519,839 Bonds due 30 June 2026, each in the denomination of €1 (the "Bonds") of FIMEP S.A. (the "Issuer"). Any reference herein figures are subject to the " Conditions" is to the terms and conditions of the Bonds endorsed hereon and any reference herein to a particular numbered Condition shall be construed accordingly. This is to certify that: [name of subscriber] of [address of subscriber] is the person registered in the register maintained by the Issuer in relation to the Bonds (the "Register") as the duly registered Holder of the Bonds represented by this Bond Certificate (the " Bondholder"). Subject to the Intercreditor Deed and the Priority Deed (each as defined in the Conditions), the Issuer, for value received, promises, all adjustment in accordance with the Conditions, to pay to the Bondholder, and the Bondholder is entitled to receive, the principal sum of: on such date or dates as the same may become due and payable in accordance with the Conditions, together with interest on such principal sum at the times and the rate specified in the Conditions. This Bond Certificate is evidence of entitlement only. Title to the Bonds passes only on due registration in the Register and only the Bondholder is entitled to payment in respect of this Bond Certificate. Transfers of these Bonds and registration of any transfer of this Bond Certificate are subject to the Conditions. As witness the manual signature of an authorised signatory of the Issuer. FIMEP S.A. Issued on: [•] 2003 By (authorised signatory) 5 FORM OF TRANSFER For value received, we, [name of registered Holder], being the registered Holder of the Bond(s) represented by this Bond Certificate (the "Transferor"), hereby transfer to: the "Transferee" €[ • ] in principal amount of the €1,164,519,839 Bonds due 30 June 2026 (the "Bonds") of FIMEP S.A. (the " Issuer") being [insert number of Bonds] Bonds represented by this Bond Certificate and to which this form of transfer relates, and we hereby irrevocably request and authorise the Issuer to effect the relevant transfer by means of appropriate entries in the Register relating to the Bonds. By its signature below, the Transferee acknowledges the terms and condition of the Bonds (the "Conditions"), including, without limitation, the subordination provisions contained in Condition 5 thereof. Dated: By: (duly authorised) By:Clause 2A.2.