Common use of Certain Rules of Construction Clause in Contracts

Certain Rules of Construction. To the fullest extent permitted by law, the parties hereto agree that this Agreement has been negotiated and as a result of such negotiation, any ambiguities shall be resolved without reference to which party may have drafted this Agreement. Unless the context otherwise requires: (a) a term has the meaning assigned to it; (b) an accounting term not otherwise defined has the meaning assigned to it in accordance with then-applicable United States generally accepted accounting principles; (c) “or” is not exclusive; (d) words in the singular include the plural, and words in the plural include the singular; (e) provisions apply to successive events and transactions; (f) the words “herein,” “hereof” and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or other subdivision; (g) any pronoun used in this Agreement shall include the corresponding masculine, feminine or neuter forms; (h) the words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation”; (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 “$” or “dollars” shall mean United States dollars; (k) unless otherwise expressly provided herein, any agreement, instrument or statute defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement, instrument or statute as from time to time amended, modified or supplemented, including (in the case of agreements or instruments) by waiver or consent and (in the case of statutes) by succession of comparable successor statutes and references to all attachments thereto and instruments incorporated therein; and (l) all references to any Member shall mean and include such Member and any Person duly admitted as a member in the Company in substitution therefor in accordance with this Agreement, unless the context otherwise requires.

Certain Rules of Construction. To the fullest extent permitted by law, the parties hereto agree that this Agreement has been negotiated and as a result of such negotiation, any ambiguities shall be resolved without reference to which party may have drafted this Agreement. Unless the context otherwise requires: (a) a term has the meaning assigned to it; (b) an accounting term not otherwise defined has the meaning assigned to it in accordance with then-applicable United States generally accepted accounting principles; (c) “or” is not exclusive; (d) words in the singular include the plural, and words in the plural include the singular; (e) provisions apply to successive events and transactions; (f) the words “herein,” “hereof” and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section paragraph or other subdivisionsubparagraphs; (g) all references herein to Articles, paragraphs, subparagraphs and clauses shall be deemed to be references to Articles, paragraph, subparagraphs and clauses of, this Agreement unless the context shall otherwise require; (h) any pronoun used in this Agreement shall include the corresponding masculine, feminine or neuter forms; (hi) the words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation”; (ij) 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”; (jk) references to “$” or “dollars” shall mean United States dollars; (kl) unless otherwise expressly provided herein, any agreement, instrument or statute defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement, instrument or statute as from time to time amended, modified or supplemented, including (in the case of agreements or instruments) by waiver or consent and (in the case of statutes) by succession of comparable successor statutes and references to all attachments thereto and instruments incorporated therein; and (lm) all references to any Member shall mean and include such Member and any Person duly admitted as a member in the Company Fund in substitution therefor in accordance with this Agreement, unless the context otherwise requires.requires;‌‌

Certain Rules of Construction. To the fullest extent permitted by law, the parties hereto agree intend that this Agreement has been negotiated and as a result of such negotiation, any ambiguities shall be resolved without reference to which party may have drafted this Agreement. All Article or Section titles or other captions in this Agreement are for convenience only, and they shall not be deemed part of this Agreement and in no way define, limit, extend or describe the scope or intent of any provisions hereof. Unless the context otherwise requires: (a) a term has the meaning assigned to it; (b) an accounting term not otherwise defined has the meaning assigned to it in accordance with then-applicable United States generally accepted accounting principles; (c) “or” is not exclusive; (d) words in the singular include the plural, and words in the plural include the singular; (e) provisions apply to successive events and transactions; (f) the words “herein,” “hereof” and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or other subdivision; (g) all references herein to Articles, Sections, Exhibits, Annexes, paragraphs, subparagraphs and clauses shall be deemed to be references to Articles, Sections, paragraph, subparagraphs and clauses of, and Exhibits and Annexes to, this Agreement unless the context shall otherwise require; (h) any pronoun used in this Agreement shall include the corresponding masculine, feminine or neuter forms; (hi) the words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation”; (ij) 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”; (jk) references to “$” or “dollars” shall mean United States dollars; (kl) unless otherwise expressly provided herein, any agreement, instrument or statute defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement, instrument or statute as from time to time amended, modified or supplemented, including (in the case of agreements or instruments) by waiver or consent and (in the case of statutes) by succession of comparable successor statutes and references to all attachments thereto and instruments incorporated therein; and (lm) all references to any Member shall mean and include such Member and any Person duly admitted as a member in the Company CF LLC in substitution therefor in accordance with this Agreement, unless the context otherwise requires.

Certain Rules of Construction. To the fullest extent permitted by law, the parties hereto agree that this Agreement has been negotiated and as a result of such negotiation, any ambiguities shall be resolved without reference References to which party may have drafted this Agreement. Unless the context otherwise requires: (a) a term has the meaning assigned to it; (b) an accounting term not otherwise defined has the meaning assigned to it in accordance with then-applicable United States generally accepted accounting principles; (c) “or” is not exclusive; (d) words in the singular include the plural, and words in the plural include the singular; (e) provisions apply to successive events and transactions; (f) the words “hereinSections,” “hereofExhibits” and other words “Schedules” shall be to Sections, Exhibits and Schedules, respectively, of similar import refer to this Agreement as a whole unless otherwise specifically provided. The definitions of terms herein shall apply equally to the singular and not to any particular Articleplural forms of the terms defined. Whenever the context may require, Section or other subdivision; (g) any pronoun used in this Agreement shall include the corresponding masculine, feminine or and neuter forms; (h) the . The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation”; (i) .” The word “will” shall be construed to have the same meaning and effect as the word “extentshall.” in The word “or” is not exclusive. Unless the phrase “context requires otherwise (a) any definition of or reference 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 “$” or “dollars” shall mean United States dollars; (k) unless otherwise expressly provided herein, any agreement, instrument or statute defined or referred other document herein shall be construed as referring to herein or in any agreement or instrument that is referred to herein means such agreement, instrument or statute other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or supplementedmodifications set forth herein), including (b) any reference herein to any Person shall be construed to include such Person’s permitted successors and assigns or, in the case of agreements governmental Persons, Persons succeeding to the relevant functions of such Persons, (c) the words “herein,” “hereof” and “hereunder,” and words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof, (d) all references herein to Articles, Sections, Exhibits and Schedules shall be construed to refer to Articles and Sections of, and Exhibits and Schedules to, this Agreement, (e) any reference to any Law herein shall, unless otherwise specified, refer to such Law as amended, modified or instruments) by waiver supplemented from time to time and any successor Law and any rules, regulations or consent other Law related thereto, and (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, including cash, securities, accounts, subaccounts and contract rights. A Default or Event of Default shall be deemed to exist at all times during the period commencing on the date that such Default or Event of Default occurs to the date on which such Default or Event of Default is waived by the Required Lenders pursuant to this Agreement or, in the case of statutes) by succession a Default, is cured within any period of comparable successor statutes and references to all attachments thereto and instruments incorporated thereincure expressly provided for in this Agreement; and an Event of Default shall “continue” or be “continuing” until such Event of Default has been waived by the Required Lenders. Whenever any provision in any Loan Document refers to the knowledge (lor an analogous phrase) all references of any Loan Party or any Subsidiary of any Loan Party, such words are intended to any Member shall mean and include such Member and any Person duly admitted as signify that a member of management or officer or member of the board of directors of such Loan Party or such Subsidiary has actual knowledge or awareness of a particular fact or circumstance or a member of management or officer or director of such Loan Party or such Subsidiary, if it had exercised reasonable diligence, would have known or been aware of such fact or circumstance. For purposes of computing a period of time from a specified date, the word “from” means “from and including” and the word “to” and “until” each mean “to, but excluding.” Any reference to a Loan Party or any other Person that is an individual as “it” shall refer to such Loan Party or other Person in the Company in substitution therefor in accordance with this Agreement, unless his or her individual capacity. Unless the context otherwise requires, “issuance,” “issue,” “issued” or similar terms shall in reference to any Letter of Credit be deemed to include any issuance of or any increase, extension or renewal any Letter of Credit under this Agreement. Unless the context otherwise requires, “acquire,” “acquisition” or similar terms shall in reference to any existing or additional Real Property be deemed to include any acquisition in fee simple or by lease, timber deed, sublease or license of any such Real Property. Unless the context otherwise requires, “sale,” “disposition” or similar terms shall in reference to any existing or additional Real Property be deemed to include any sublease of any such Real Property. (For the avoidance of doubt, the parties hereto note that a “Transaction Clearing Account” is not a deposit, securities or commodities account or subaccount but a book entry system used by CoBank to track credits and debits to various InvestLine Accounts of a Person over the course of a single Business Day.)

Certain Rules of Construction. To the fullest extent permitted by law, the parties hereto agree intend that this Agreement has been negotiated and as a result of such negotiation, any ambiguities shall be resolved without reference to which party may have drafted this Agreement. All Article or Section titles or other captions in this Agreement are for convenience only, and they shall not be deemed part of this Agreement and in no way define, limit, extend or describe the scope or intent of any provisions hereof. Unless the context otherwise requires: (a) a term has the meaning assigned to it; (b) an accounting term not otherwise defined has the meaning assigned to it in accordance with then-applicable United States generally accepted accounting principles; (c) “or” is not exclusive; (d) words in the singular include the plural, and words in the plural include the singular; (ec) provisions apply to successive events and transactions; (f) the words “herein,” “hereof” and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or other subdivision; (gd) any pronoun used in this Agreement shall include the corresponding masculine, feminine or neuter forms; (h) the words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation”; (ie) 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”; (jf) references to “$” or “dollars” shall mean United States dollars; (kg) unless otherwise expressly provided herein, any agreement, instrument or statute defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement, instrument or statute as from time to time amended, modified or supplemented, including (in the case of agreements or instruments) by waiver or consent and (in the case of statutes) by succession of comparable successor statutes and references to all attachments thereto and instruments incorporated therein; and (lh) all references to any Member shall mean and include such Member and any Person duly admitted as a member in of the Company in substitution therefor in accordance with this Agreement, unless the context otherwise requires.

Certain Rules of Construction. To the fullest extent permitted by lawUnless otherwise specified, the parties hereto agree that references in this Agreement has been negotiated and in each other Loan Document to any Article or Section are references to such Article or Section of this Agreement or such other Loan Document, as a result of such negotiation, any ambiguities shall be resolved without reference to which party the case may have drafted this Agreementbe. Unless the context otherwise requires: (a) a term has the meaning assigned to it; (b) an accounting term not otherwise defined has the meaning assigned to it in accordance with then-applicable United States generally accepted accounting principles; (c) “or” is not exclusive; (d) words in the singular include the plural, and words in the plural include the singular; (e) provisions apply to successive events and transactions; (f) the The words “herein,” “hereof” and “hereunder” and other words of similar import refer refer, as the context may require, to this Agreement the relevant agreement as a whole whole, including all annexes, exhibits and schedules, and not to any particular Articlesection, Section subsection or other subdivision; (g) any pronoun used clause contained in this Agreement such agreement, annex, exhibit or schedule. Wherever from the context it appears appropriate, each term stated in either the singular or plural shall include the corresponding singular and the plural, and pronouns stated in the masculine, feminine or neuter forms; (h) gender shall include the masculine, feminine and neuter genders. The words “include,” including”, “includes” and “includinginclude” shall be deemed to be followed by the phrase words “without limitation”, and where general words are followed by a specific listing of items, the general words shall be given their widest meaning and shall not be limited by an enumeration of specific matters; (i) the word “extentor” is not exclusive; references to Persons include their respective successors and assigns (to the extent and only to the extent permitted by the Loan Documents) or, in the phrase “case of any Governmental Authority, Persons succeeding to the extent” shall mean the degree to which a subject or other thing extends, and relevant functions of such phrase shall not mean simply “if”Governmental Authority; (j) all references to “$” or “dollars” any Law shall mean United States dollarsinclude any amendments and successors of the same; (k) unless otherwise expressly provided herein, all references to any agreement, instrument or statute defined or referred document shall refer to herein or in any agreement or instrument that is referred to herein means each such agreement, instrument or statute document as amended, restated or otherwise modified from time to time amended, modified or supplemented(subject to any restrictions regarding the foregoing as may be set forth in this Agreement); and the words “asset” and “property” shall have the same meaning and refer to tangible and intangible assets and properties, including (cash, securities, accounts and contract rights. A Default or Event of Default shall be deemed to exist at all times during the period commencing on the date that such Default or Event of Default occurs to the date on which such Default or Event of Default is waived by the Required Lenders pursuant to this Agreement or, in the case of agreements or instruments) by waiver or consent and (a Default, is cured within any period of cure expressly provided for in the case of statutes) by succession of comparable successor statutes and references to all attachments thereto and instruments incorporated thereinthis Agreement; and an Event of Default shall “continue” or be “continuing” until such Event of Default has been waived by the Required Lenders. Whenever any provision in any Loan Document refers to the knowledge (lor an analogous phrase) all references of any Loan Party, such words are intended to any Member shall mean and include such Member and any Person duly admitted as signify that a member of management or officer or member of the board of directors of such Loan Party has actual knowledge or awareness of a particular fact or circumstance or a member of management or officer or director of such Loan Party, if it had exercised reasonable diligence, would have known or been aware of such fact or circumstance. For purposes of computing a period of time from a specified date, the word “from” means “from and including” and the word “to” and “until” each mean “to, but excluding”. Any reference to a Loan Party that is an individual as “it” shall refer to such Loan Party in the Company in substitution therefor in accordance with this Agreement, unless the context otherwise requireshis or her individual capacity.

Certain Rules of Construction. To the fullest extent permitted by law, the parties hereto agree that this Agreement has been negotiated and as a result of such negotiation, any ambiguities shall be resolved without reference to which party may have drafted this Agreement. Unless the context otherwise requires: (a) a term has the meaning assigned to it; (b) an accounting term not otherwise defined has the meaning assigned to it in accordance with then-applicable United States generally accepted accounting principles; (c) “or” is not exclusive; (d) words in the singular include the plural, and words in the plural include the singular; (e) provisions apply to successive events and transactions; (f) the words The terms “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular Articlesection, Section paragraph or other subdivision; (g) any . Any pronoun used in this Agreement shall include the corresponding masculine, feminine or neuter forms; (h) the words “include,” “includes” and “including” shall be deemed to be followed by cover all genders. In the phrase computation of periods of time from a specified date to a later specified date, “without limitation”; (i) the word from” means “extentfrom and including,” in the phrase and “to” and “until” each mean “to the extentbut excluding.” The terms “including” and “include” shall mean “including, without limitation” and, for purposes of each Loan Document, the degree to which a subject or other thing extends, and such phrase parties agree that the rule of ejusdem generis shall not mean simply “if”be applicable to limit any provision. Section titles appear as a matter of convenience only and shall not affect the interpretation of any Loan Document. All references to (a) laws or statutes include all related rules, regulations, interpretations, amendments and successor provisions; (jb) references to “$” or “dollars” shall mean United States dollars; (k) unless otherwise expressly provided herein, any agreementdocument, instrument or statute defined agreement include any amendments, restatements, supplements, waivers and other modifications, extensions or referred renewals (to herein or in the extent not prohibited by the Loan Documents); (c) any agreement or instrument that is referred to herein means such agreement, instrument or statute as from time to time amended, modified or supplemented, including (in the case of agreements or instruments) by waiver or consent and (in the case of statutes) by succession of comparable successor statutes and references to all attachments thereto and instruments incorporated therein; and (l) all references to any Member shall mean and include such Member and any Person duly admitted as a member in the Company in substitution therefor in accordance with this Agreementsection means, unless the context otherwise requires, a section of this Agreement; (d) any exhibits or schedules mean, unless the context otherwise requires, exhibits and schedules attached hereto, which are hereby incorporated by reference; and (e) any Person include successors and assigns. As used herein or in any of the other Loan Documents, “continuing representations and warranties” shall refer to those representations and warranties which are not given solely as of a specific date; such continuing representations and warranties shall be deemed remade as of the date of each Request for Advance or Request for Swing Line Advance, as applicable (and as of the making of such Advance), as of the issuance of a Letter of Credit and as of the effective date of any other Loan Document (containing such continuing representations and warranties, to the extent set forth therein) delivered pursuant to or in connection with this Agreement.