Common use of Rules of Usage Clause in Contracts

Rules of Usage. The rules of usage for this Agreement are as follows: (a) The terms defined above in Section 1.1 have the meanings set forth above for all purposes, and such meanings are equally applicable to both the singular and plural forms of the terms defined. (b) “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. (c) “Writing,” “written” and comparable terms refer to printing, typing, and other means of reproducing in a visible form. (d) Any agreement, instrument or document, or Law defined or referred to means such agreement, instrument or document, or Law as from time to time amended, modified, supplemented and/or restated, including (in the case of agreements or instruments) by waiver or consent and (in the case of Law) by succession of comparable successor Law and includes (in the case of agreements or instruments) references to all attachments thereto and instruments incorporated therein. (e) References to a Person are also to its successors and permitted assigns. (f) Any term defined in this Agreement by reference to any agreement or instrument has such meaning whether or not such agreement or instrument is in effect. (g) “Hereof,” “herein,” “hereunder,” “herewith” and comparable terms refer, unless otherwise expressly indicated, to this entire Agreement and not to any particular article, section or other subdivision hereof or attachment hereto. References to the introductory paragraph, Recitals, Articles, Sections, Annexes, Exhibits and Disclosure Schedules shall be deemed to be references to such parts of this Agreement unless the context otherwise requires. Such references are for convenience only and do not, nor do their titles, affect the interpretation of this Agreement. All references to exhibits, appendices or schedules in any other agreement are to exhibits, appendices or schedules attached to such agreement. (h) References to any gender include, unless the context otherwise requires, references to all genders. (i) The use of the word “or” is not intended to be exclusive unless expressly indicated otherwise.

Appears in 1 contract

Sources: Membership Interest Purchase Agreement (New Jersey Resources Corp)

Rules of Usage. The following rules of usage for shall apply to this Agreement are as follows:(and each appendix, schedule, exhibit and annex to the foregoing) unless otherwise required by the context or unless otherwise defined therein. (a) The defined terms in this Agreement shall include the plural as well as the singular, and the use of any gender herein shall be deemed to include any other gender. (b) Accounting terms not otherwise defined above in Section 1.1 herein have the meanings set forth above for all purposesassigned to them in accordance with generally accepted accounting principles as in effect on the date of this Agreement. (c) Except as otherwise expressly provided, and such meanings are any definition defined or in any other document shall be equally applicable to both the singular and plural forms of the terms defined. (b) “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. (c) “Writing,” “written” and comparable terms refer to printing, typing, and other means of reproducing in a visible form. (d) Any agreementExcept as otherwise expressly provided, instrument references in this Agreement to articles, sections, paragraphs, clauses, annexes, appendices, schedules or document, or Law defined or referred to means such agreement, instrument or document, or Law as from time to time amended, modified, supplemented and/or restated, including (in the case of agreements or instruments) by waiver or consent and (in the case of Law) by succession of comparable successor Law and includes (in the case of agreements or instruments) exhibits are references to all attachments thereto and instruments incorporated thereinarticles, sections, paragraphs, clauses, annexes, appendices, schedules or exhibits in or to this Agreement. (e) References to a any Person are also to shall include such Person, its successors and permitted assignsassigns and transferees. (f) Any term defined in this Agreement by Except as otherwise expressly provided, reference to any agreement or instrument has such meaning whether or not means such agreement as amended, restated, modified, extended or instrument is supplemented from time to time in effectaccordance with the applicable provisions thereof. (g) “Hereof,” “herein,” “Except as otherwise expressly provided, references to any law includes any amendment or modification to such law and any rules or regulations issued thereunder or any law enacted in substitution or replacement thereof, or restatement thereof. (h) When used in this Agreement, words such as "hereunder,” “herewith” " "hereto," "hereof" and comparable terms refer"herein" and other words of like import shall, unless otherwise expressly indicatedthe context clearly indicates to the contrary, refer to the whole of this entire Agreement (including any other document to the extent incorporated or referred to herein (whether or not actually attached hereto)) and not to any particular article, section section, subsection, paragraph or other subdivision hereof or attachment hereto. References to the introductory paragraph, Recitals, Articles, Sections, Annexes, Exhibits and Disclosure Schedules shall be deemed to be references to such parts of this Agreement unless the context otherwise requires. Such references are for convenience only and do not, nor do their titles, affect the interpretation of this Agreement. All references to exhibits, appendices or schedules in any other agreement are to exhibits, appendices or schedules attached to such agreement. (h) References to any gender include, unless the context otherwise requires, references to all gendersclause hereof. (i) The use References to "including" means including without limiting the generality of any description preceding such term and for purposes hereof the word “or” is rule of ejusdem generis shall not intended be applicable to be exclusive unless expressly indicated otherwiselimit a general statement, followed by or referable to any enumeration of specific matters, to matters similar to those specifically mentioned.

Appears in 1 contract

Sources: Intercreditor and Collateral Agency Agreement (Universal Compression Inc)

Rules of Usage. The rules of usage for this Agreement are as follows: (a) The All terms defined above in Section 1.1 this Schedule A and this Contribution Agreement shall have the defined meanings set forth above for all purposes, and such when used in any certificate or other document made or delivered pursuant hereto. The meanings below are equally applicable to both the singular and plural forms of the terms defined. (b) “IncludeAs used herein and in any certificate or other document made or delivered pursuant hereto, accounting terms not defined in this Schedule A and this Contribution Agreement, and accounting terms partly defined in this Schedule A and this Contribution Agreement to the extent not defined, shall have the respective meanings given to them under GAAP. (c) The word "hereof,” “includes” " "herein" and "hereunder" and words of similar import when used in this Contribution Agreement shall refer to this Contribution Agreement as a whole and not to any particular provision of this Contribution Agreement, and section, Schedule and Exhibit references are to this Contribution Agreement unless otherwise specified. (d) References to agreements defined herein shall include such agreements as they may be amended, supplemented or otherwise modified from time to time. (e) Terms defined in this Contribution Agreement by reference to any other agreement, document or instrument shall have the meanings assigned to them in such agreement, document or instrument whether or not such agreement, document or instrument is then in effect. (f) The words "include" and "including" and words of similar import when used in this Contribution Agreement shall be deemed to be followed by the words "without limitation” whether or not they are in fact followed by such words or words of like import. (c) “Writing,” “written” and comparable terms refer to printing, typing, and other means of reproducing in a visible form. (d) Any agreement, instrument or document, or Law defined or referred to means such agreement, instrument or document, or Law as from time to time amended, modified, supplemented and/or restated, including (in the case of agreements or instruments) by waiver or consent and (in the case of Law) by succession of comparable successor Law and includes (in the case of agreements or instruments) references to all attachments thereto and instruments incorporated therein. (e) References to a Person are also to its successors and permitted assigns. (f) Any term defined in this Agreement by reference to any agreement or instrument has such meaning whether or not such agreement or instrument is in effect." (g) “Hereof,” “herein,” “hereunder,” “herewith” and comparable terms refer, unless otherwise expressly indicated, to this entire Agreement and not to any particular article, section or other subdivision hereof or attachment hereto. References to the introductory paragraph, Recitals, Articles, Sections, Annexes, Exhibits and Disclosure Schedules shall be deemed statutes or regulations are to be references to such parts of this Agreement unless construed as including all statutory or regulatory provisions consolidating, amending or replacing the context otherwise requires. Such references are for convenience only and do not, nor do their titles, affect the interpretation of this Agreement. All references to exhibits, appendices statute or schedules in any other agreement are to exhibits, appendices or schedules attached to such agreementregulation referred to. (h) References Reference to any gender include, unless the context otherwise requires, references to all gendersconsents that will not be unreasonably withheld shall not be unreasonably withheld or delayed. (i) The words "sole and absolute discretion" when used in the Contribution Agreement shall mean that the Person entitled to use its "sole and absolute discretion" shall not be obligated to act reasonably or in accordance with any covenant of the word “or” is not intended to be exclusive unless expressly indicated otherwisegood faith or fair dealing or similar standard, whether express or implied.

Appears in 1 contract

Sources: Capital Contribution Agreement (MSW Energy Hudson LLC)