Other Definitional Provisions. (a) The words “hereof,” “herein”, “hereto” 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, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 301 contracts
Samples: Guarantee and Collateral Agreement (Scotts Miracle-Gro Co), Credit Agreement (Revlon Consumer Products Corp), Guarantee and Collateral Agreement (Revlon Consumer Products Corp)
Other Definitional Provisions. (a) The words “"hereof,” “" "herein”", “"hereto” " 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, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 133 contracts
Samples: Guarantee and Collateral Agreement (Paperweight Development Corp), Guarantee and Collateral Agreement (Accuride Corp), Assumption Agreement (Scientific Games Corp)
Other Definitional Provisions. (a) The words “hereof,” “herein”, ,” “hereto” 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, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 96 contracts
Samples: Credit Agreement (Cumulus Media Inc), Security Agreement (Cadiz Inc), Guarantee Agreement (Synopsys Inc)
Other Definitional Provisions. (a) The words “hereof,” ”, “herein”, “hereto” 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, and Section Section, Schedule and Schedule Annex references are to this Agreement unless otherwise specified. The words “include”, “includes”, and “including” shall be deemed to be followed by the phrase “without limitation”.
Appears in 47 contracts
Samples: Guarantee and Collateral Agreement (Cornerstone Building Brands, Inc.), Notes Collateral Agreement (Cornerstone Building Brands, Inc.), Guarantee and Collateral Agreement
Other Definitional Provisions. (a) All definitions contained in this Agreement are equally applicable to the singular and plural forms of the terms defined. The words “hereof,” “herein”, “heretoherein” and “hereunder” and words of similar import when used contained in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 45 contracts
Samples: Securities Exchange Agreement (Max Sound Corp), Note Purchase Agreement (Berkshire Homes, Inc.), Note Purchase Agreement (Cannabis-Rx Inc.)
Other Definitional Provisions. (a) All definitions contained in this Agreement are equally applicable to the singular and plural forms of the terms defined. The words “hereof,” “herein”, “heretoherein” and “hereunder” and words of similar import when used in referring to this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 45 contracts
Samples: Shares Purchase Agreement (Fresh2 Group LTD), Shares Purchase Agreement (Fresh2 Group LTD), Shares Purchase Agreement (Fresh2 Group LTD)
Other Definitional Provisions. (a) The words “hereof,” “herein”, “hereto” 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, and Article and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 41 contracts
Samples: Shareholders Agreement, Stockholders Agreement, Stockholders Agreement (Chewy, Inc.)
Other Definitional Provisions. (a) The words “hereof,” ”, “herein”, “hereto” 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, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 34 contracts
Samples: Security Agreement (Adma Biologics, Inc.), Security Agreement (Evolent Health, Inc.), Intercreditor Agreement
Other Definitional Provisions. (a) The words “"hereof,” “", "herein”", “"hereto” " 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, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 27 contracts
Samples: Guarantee and Collateral Agreement (Triumph Group Inc), Guarantee and Collateral Agreement (B&g Foods Inc), Guarantee and Collateral Agreement (Infrasource Services Inc)
Other Definitional Provisions. (a) The words “hereof,” ”, “herein”, “hereto” 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, and Section Section, Schedule and Schedule Annex references are to this Agreement unless otherwise specified.
Appears in 26 contracts
Samples: Guarantee and Collateral Agreement (Sirva Inc), Guarantee and Collateral Agreement (Sirva Inc), Guarantee and Collateral Agreement (Sirva Inc)
Other Definitional Provisions. (a) The a. For purposes of this Agreement, the words “hereof,” “herein”, ,” “heretohereby” and “hereunder” and other words of similar import when used in this Agreement shall refer to this Agreement as a whole (including all Articles, Sections, Paragraphs, Exhibits and not to any particular provision Schedules of this Agreement, and Section and Schedule references are to this Agreement ) unless otherwise specifiedindicated.
Appears in 26 contracts
Samples: Reinsurance Agreement (Talcott Resolution Life & Annuity Insurance Co Separate Account Seven), Reinsurance Agreement (Talcott Resolution Life & Annuity Insurance Co Separate Account Seven), Reinsurance Agreement (Talcott Resolution Life & Annuity Insurance Co Separate Account Seven)
Other Definitional Provisions. (a) The words “"hereof,” “" "herein”, “," "hereto” " 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, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 24 contracts
Samples: Collateral Agreement (Paperweight Development Corp), Collateral Agreement (Paperweight Development Corp), Guarantee and Collateral Agreement (Paperweight Development Corp)
Other Definitional Provisions. (a) The words “hereof,” “herein”, ,” “hereto” 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, and Section and Schedule references are to the specific provisions of this Agreement unless otherwise specified.
Appears in 23 contracts
Samples: Guarantee and Collateral Agreement, Guarantee and Collateral Agreement, Pledge and Security Agreement (APi Group Corp)
Other Definitional Provisions. (a) The words “hereof,” “herein”, “heretoherein” 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, and Article and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 22 contracts
Samples: Stockholders Agreement, Governance Agreement (TerraForm Power, Inc.), Stockholders Agreement (Expedia, Inc.)
Other Definitional Provisions. (a) The words “hereof,” “herein”, “hereto” 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, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 21 contracts
Samples: Guarantee Agreement (Sunoco LP), Guarantee Agreement (General Motors Financial Company, Inc.), Guarantee Agreement (General Motors Co)
Other Definitional Provisions. (a) The words “"hereof,” “", "herein”, “hereto” " 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, and Article and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 20 contracts
Samples: Stockholders Agreement (Seagram Co LTD), Stockholders Agreement (Diller Barry), Trust Agreement (DPL Inc)
Other Definitional Provisions. (a) The words “hereof,” “herein”, “hereto” 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, and Section and Schedule references are to this Agreement unless otherwise specified. The meanings given to terms defined herein shall be equally applicable to both the singular and plural forms of such terms. The word “including” and words of similar import when used in this Agreement shall mean “including, without limitation,” unless otherwise specified.
Appears in 17 contracts
Samples: Secured Revolving Credit Agreement (XZERES Corp.), Revolving Credit and Term Loan Agreement (Mam Software Group, Inc.), Revolving Credit Agreement (EVCI Career Colleges Holding Corp)
Other Definitional Provisions. (a) The words “hereof,” “herein”, ,” “hereto” and “hereunder” and words of similar import import, when used in this Agreement Agreement, shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 16 contracts
Samples: Asset Purchase Agreement (Finch Therapeutics Group, Inc.), Asset Purchase Agreement (Finch Therapeutics Group, Inc.), Asset Purchase Agreement (Assertio Therapeutics, Inc)
Other Definitional Provisions. (a) The When used in this Agreement, the words “hereof,” “herein”, “hereto,” 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, and Article and Section and Schedule references are to this Agreement unless otherwise specified. The meanings given to terms defined herein shall be equally applicable to both the singular and plural forms of such terms. Whenever the words “include,” “includes,” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.”
Appears in 15 contracts
Samples: Stockholders Agreement (Plymouth Industrial REIT Inc.), Stockholders Agreement (Plymouth Industrial REIT Inc.), Stockholders Agreement (Parkway, Inc.)
Other Definitional Provisions. (a) All definitions contained in this Agreement are equally applicable to the singular and plural forms of the terms defined. The words “"hereof,” “", "herein”, “hereto” " and “"hereunder” " and words of similar import when used in referring to this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 15 contracts
Samples: Securities Purchase Agreement (Microvision Inc), Securities Purchase Agreement (Bookham, Inc.), Securities Purchase Agreement (Tag Entertainment Corp)
Other Definitional Provisions. (a) The words “hereof,” ”, “herein”, “hereto” and “hereunder” and words of similar import import, when used in this Agreement Agreement, shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 14 contracts
Samples: Asset Purchase Agreement (Vanda Pharmaceuticals Inc.), Study Support Agreement (Arcturus Therapeutics Holdings Inc.), Asset Purchase Agreement (Vera Therapeutics, Inc.)
Other Definitional Provisions. (a) The words “hereof,” ”, “herein”, “hereto” 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, and Section Section, Schedule, Exhibit and Schedule references Annex references, are to this Agreement unless otherwise specified. References to any Schedule, Exhibit or Annex shall mean such Schedule, Exhibit or Annex as amended or supplemented from time to time in accordance with this Agreement.
Appears in 14 contracts
Samples: Intercreditor Agreement (Karyopharm Therapeutics Inc.), Pledge and Security Agreement (Marti Technologies, Inc.), Intercreditor Agreement (FreightCar America, Inc.)
Other Definitional Provisions. (a) The words “hereof,” “herein”, “hereto,” 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, and Section Section, Subsection and Schedule Exhibit references are to this Agreement unless otherwise specified.
Appears in 13 contracts
Samples: Convertible Note Purchase Agreement, Credit Agreement (Elandia, Inc.), Credit Agreement (Elandia International Inc.)
Other Definitional Provisions. (a) The For purposes of this Agreement, the words “hereof,” “herein”, ,” “heretohereby” and “hereunder” and other words of similar import when used in this Agreement shall refer to this Agreement as a whole whole, including all Schedules and not Exhibits to any particular provision of this Agreement, and Section and Schedule references are to this Agreement unless otherwise specifiedindicated.
Appears in 12 contracts
Samples: Funds Withheld Coinsurance Agreement (National Western Life Group, Inc.), Coinsurance Agreement (Midwest Holding Inc.), Funds Withheld Coinsurance Agreement (National Western Life Group, Inc.)
Other Definitional Provisions. (a) The words “"hereof,” “" "herein”, “hereto” ," 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, and Section Section, Subsection and Schedule Exhibit references are to this Agreement unless otherwise specified.
Appears in 10 contracts
Samples: Credit Agreement (Securitas EDGAR Filings, Inc.), Credit Agreement (Securitas EDGAR Filings, Inc.), Credit Agreement (Securitas EDGAR Filings, Inc.)
Other Definitional Provisions. (a) The words “"hereof,” “" "herein”, “hereto” ," and “"hereunder” " and words of similar import import, when used in this Agreement Agreement, shall refer to this Agreement as a whole and not to any particular provision provisions of this Agreement, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 10 contracts
Samples: Exclusive Market Access and Supply Agreement (Endocare Inc), Supplemental Rights Agreement (Vista Medical Technologies Inc), Distribution / Supply Agreement (Endocardial Solutions Inc)
Other Definitional Provisions. (a) The a)The words “hereof,” “herein”, “hereto” 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, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 9 contracts
Samples: Intercreditor Agreement (Covetrus, Inc.), Guarantee and Collateral Agreement (Booz Allen Hamilton Holding Corp), Guarantee Agreement (Booz Allen Hamilton Holding Corp)
Other Definitional Provisions. (a) The words “hereof,” “herein”, “heretoherein” 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, and Article and Section and Schedule references are to this Agreement unless otherwise specified. The meanings given to terms defined herein shall be equally applicable to both the singular and plural forms of such terms.
Appears in 9 contracts
Samples: Stockholder Agreement, Stock Restriction Agreement, Stock Restriction Agreement (Workday, Inc.)
Other Definitional Provisions. (a) The words “hereof,” “herein”, “heretoherein” and “hereunder” and words of similar import import, when used in this Agreement shall Agreement, refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 8 contracts
Samples: Dissolution Agreement (Greenbrier Companies Inc), Agreement and Plan of Merger (Pacific Ethanol, Inc.), Agreement and Plan of Merger (MGP Ingredients Inc)
Other Definitional Provisions. (ai) The words “hereof,” “herein”, “heretoherein” 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, and Section section, schedule and Schedule exhibit references are to this Agreement unless otherwise specified.. The meaning of defined terms shall be equally applicable to the singular and plural forms of the defined terms. The term “
Appears in 7 contracts
Samples: Exclusive License Agreement (Neoleukin Therapeutics, Inc.), Exclusive License Agreement (908 Devices Inc.), Exclusive License Agreement (908 Devices Inc.)
Other Definitional Provisions. (a) The For purposes of this Agreement, the words “hereof,” “herein”, ,” “heretohereby” and “hereunder” and other 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, and Section and Schedule references are to this Agreement unless otherwise specifiedindicated.
Appears in 7 contracts
Samples: Transition Services Agreement (SEPARATE ACCOUNT EQ OF VENERABLE INSURANCE & ANNUITY Co), Transition Services Agreement (AXA Equitable Holdings, Inc.), Stock Purchase Agreement (American Financial Group Inc)
Other Definitional Provisions. (a) The words “hereof,” “herein”, “hereto,” and “hereunder” and words of similar import import, when used in this Agreement Agreement, shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 7 contracts
Samples: Stock Purchase Agreement (Emrise CORP), Equity Interest Purchase Agreement (Houston Wire & Cable CO), Asset Purchase Agreement (Ssa Global Technologies, Inc)
Other Definitional Provisions. (a) The words “hereof,” ”, “herein”, “hereto” 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, and Article, Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 7 contracts
Samples: Notes Security Agreement (Post Holdings, Inc.), Guarantee and Collateral Agreement (Post Holdings, Inc.), Guarantee and Collateral Agreement (Bellring Brands, Inc.)
Other Definitional Provisions. (a) The words “"hereof,” “", "herein”", “"hereto” " and “"hereunder” " and words of similar import import, when used in this Agreement Agreement, shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 7 contracts
Samples: Stock and Asset Purchase Agreement (Pfizer Inc), Share Purchase Agreement (Johnstown America Industries Inc), Asset Purchase Agreement (Globespanvirata Inc)
Other Definitional Provisions. (a) The words “"hereof,” “" ----------------------------- "herein”", “"hereto” " 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, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 7 contracts
Samples: Guarantee and Collateral Agreement (Bedding Experts Inc), Credit Agreement (Alliance Laundry Holdings LLC), Guarantee and Collateral Agreement (Details Capital Corp)
Other Definitional Provisions. (a) The words “hereof,” ”, “herein”, “hereto” 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, and Section Section, Schedule, Exhibit and Schedule Annex references are to this Agreement unless otherwise specified. References to any Schedule, Exhibit or Annex shall mean such Schedule, Exhibit or Annex as amended or supplemented from time to time in accordance with this Agreement.
Appears in 7 contracts
Samples: Abl Collateral Agreement (Gogo Inc.), Collateral Agreement (Gogo Inc.), Collateral Agreement
Other Definitional Provisions. (a) The words “"hereof,” “" "herein”", “"hereto” " 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, and Section Section, Schedule and Schedule Annex references are to this Agreement unless otherwise specified.
Appears in 6 contracts
Samples: Guarantee and Collateral Agreement (Day International Group Inc), And Collateral Agreement (Ev International Inc), Guarantee and Collateral Agreement (Acterna Corp)
Other Definitional Provisions. (a) The words “hereof,” “herein”, “hereto” 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, and Section and Schedule references are to the Sections and Schedules of this Agreement unless otherwise specified.
Appears in 6 contracts
Samples: Guarantee and Collateral Agreement (Workhorse Group Inc.), Guarantee and Collateral Agreement (Enernoc Inc), Guarantee and Collateral Agreement (Sunpower Corp)
Other Definitional Provisions. (a) The words “hereof,” “herein”, “hereto” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole (including the Schedules and Annexes hereto) and not to any particular provision of this AgreementAgreement (or the Schedules and Annexes hereto), and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 6 contracts
Samples: Security Agreement (Chrysler Group LLC), Guaranty and Security Agreement (General Motors Co), Guaranty and Security Agreement (General Motors Co)
Other Definitional Provisions. (a) The words “hereof,” “herein”, “heretoherein” and “hereunder” and words of similar import when used in this Agreement shall shall, unless a specific provision is expressly referenced, refer to this Agreement as a whole and not to any particular provision of this document, and Article references contained in this Agreement are references to the Articles in this Agreement, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 6 contracts
Samples: Master Sales Agreement (Lubys Inc), Master Sales Agreement (Lubys Inc), Master Sales Agreement (Lubys Inc)
Other Definitional Provisions. (a) The words “"hereof,” “" "herein”", “----------------------------- "hereto” " 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, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 6 contracts
Samples: Guarantee Agreement (Aeroflex Inc), Security Agreement (Federal Mogul Corp), Guarantee and Collateral Agreement (Lexar Media Inc)
Other Definitional Provisions. (a) The words “hereof,” “herein”, “hereto” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole as amended from time to time and not to any particular provision of this Agreement, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 6 contracts
Samples: Guarantee and Collateral Agreement (Six Flags Entertainment Corp), Guarantee and Collateral Agreement (Six Flags Entertainment Corp), Guarantee and Collateral Agreement (Six Flags Entertainment Corp)
Other Definitional Provisions. (ai) The words “"hereof,” “" "herein”, “hereto” " 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, and Section section and Schedule paragraph references are to this Agreement unless otherwise specified.
Appears in 6 contracts
Samples: Company Security Agreement (Revlon Consumer Products Corp), Subsidiary Trademark Security Agreement (Revlon Consumer Products Corp), Company Copyright Security Agreement (Revlon Consumer Products Corp)
Other Definitional Provisions. (a) The words “hereof,” “hereinHereof”, “hereto” Herein”, and “hereunderHereunder” and words of similar import import, when used in this Agreement shall Agreement, refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 6 contracts
Samples: Agreement to Tender (Ventura Capital Privado, S.A. De C.V.), Agreement to Tender (Ventura Capital Privado, S.A. De C.V.), Agreement to Tender (Ventura Capital Privado, S.A. De C.V.)
Other Definitional Provisions. (a) The words “"hereof,” “" "herein”, “hereto” ," 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, and Section and Schedule references are to this Agreement unless otherwise specified.;
Appears in 5 contracts
Samples: Loan and Security Agreement (Bcam International Inc), Loan and Security Agreement (Peco Ii Inc), Credit Agreement (Dominion Homes Inc)
Other Definitional Provisions. (a) The words “herein,” “hereof,” “herein”, “hereto” and “hereunder” and words of similar import import, when used in this Agreement Agreement, shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 5 contracts
Samples: Purchase Agreement (Lumenis LTD), Agreement and Plan of Merger (Wachovia Corp New), Agreement and Plan of Merger (Westcorp /Ca/)
Other Definitional Provisions. (a) The words “hereof,” “herein”, “hereto” 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, and Section and Schedule references are to this Agreement unless otherwise specified. The meanings given to terms defined herein shall be equally applicable to both the singular and plural forms of such terms.
Appears in 5 contracts
Samples: Credit Agreement (Kadant Inc), Security Agreement (Elizabeth Arden Inc), Canadian Pledge Agreement (Elizabeth Arden Inc)
Other Definitional Provisions. (a) The words “"hereof,” “" "herein”, “hereto” " 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, and Article and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 5 contracts
Samples: Shareholders Agreement (Itau Unibanco Holding S.A.), Registration Rights Agreement (Missouri Foundation for Health), Stockholders and Registration Rights Agreement (America Online Inc)
Other Definitional Provisions. (a) The words “"hereof,” “" "herein”, “hereto” " 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. Any Article, and Section and Section, Exhibit or Schedule references are to this Agreement unless otherwise specified.
Appears in 5 contracts
Samples: Loan Agreement (MKS Instruments Inc), Loan Agreement (MKS Instruments Inc), Loan Agreement (MKS Instruments Inc)
Other Definitional Provisions. (a) The words “hereof,” “herein”, “hereto” 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, and Section Article, Section, Schedule and Schedule Exhibit references are to this Agreement unless otherwise specified. The meanings given to terms defined herein shall be equally applicable to both the singular and plural forms of such terms.
Appears in 5 contracts
Samples: Stockholders’ Agreement (LPL Investment Holdings Inc.), Stockholders’ Agreement (Velocity Commercial Capital, Inc.), Stockholders’ Agreement (LPL Investment Holdings Inc.)
Other Definitional Provisions. (a) The words “hereof,” ”, “herein”, “hereto” 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, and Section and Schedule references are to the specific provisions of this Agreement unless otherwise specified.
Appears in 5 contracts
Samples: Credit Agreement (Affirmative Insurance Holdings Inc), Guarantee and Collateral Agreement (NRG Energy, Inc.), Collateral Agreement (Enexus Energy CORP)
Other Definitional Provisions. (a) The words “hereof,” “herein”, “heretoherein” 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, and Section Section, subsection and Schedule Exhibit references are to this Agreement unless otherwise specified.
Appears in 5 contracts
Samples: Convertible Loan Agreement (Accentia Biopharmaceuticals Inc), Bridge Loan Agreement (Accentia Biopharmaceuticals Inc), Convertible Loan Agreement (Biovest International Inc)
Other Definitional Provisions. (a) The words “"hereof,” “", "herein”, “hereto” " and “"hereunder” " and words of similar import import, when used in this Agreement shall Agreement, refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 5 contracts
Samples: Recapitalization Agreement (Wesco Distribution Inc), Share Subscription, Share Option and Shareholders Agreement (RSL Communications LTD), Marketing and Distribution Services Agreement (RSL Communications LTD)
Other Definitional Provisions. (a) The words “hereof,” “herein”, ,” “hereto” 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, and Section and Schedule Exhibit references are to this Agreement unless otherwise specified.
Appears in 5 contracts
Samples: Credit Agreement (Dex Media, Inc.), Credit Agreement (Dex Media, Inc.), Loan Agreement (Dex Media, Inc.)
Other Definitional Provisions. (a) The words “"hereof,” “" "herein”, “hereto” " 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, and Section section and Schedule paragraph references are to this Agreement unless otherwise specified.
Appears in 5 contracts
Samples: Security Agreement (Smith Corona Corp), Security Agreement (Applied Analytical Industries Inc), Credit Agreement (Correctional Services Corp)
Other Definitional Provisions. (a) The words “hereof,” “herein”, ,” “hereto” 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, and Section and Schedule references are to the specific provisions of this Agreement unless otherwise specified.
Appears in 5 contracts
Samples: Guarantee and Collateral Agreement (Ollie's Bargain Outlet Holdings, Inc.), Intellectual Property Security Agreement (Ollie's Bargain Outlet Holdings, Inc.), Intellectual Property Security Agreement (Ollie's Bargain Outlet Holdings, Inc.)
Other Definitional Provisions. (a) The words “"hereof,” “" "herein”, “hereto” " and “"hereunder” ," and words of similar import import, when used in this Agreement Agreement, shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Teletouch Communications Inc), Asset Purchase Agreement (Teletouch Communications Inc), Asset Purchase Agreement (Teletouch Communications Inc)
Other Definitional Provisions. (a) The words “"hereof,” “", "herein”, “hereto” " and “"hereunder” " and words of similar import import, when used in this Agreement Agreement, shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Rhi Holdings Inc), 31 Stock Purchase Agreement (Railworks Corp), Asset Purchase Agreement (Fairchild Corp)
Other Definitional Provisions. (a) The words “"hereof,” “", "herein”, “hereto” " 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, and Section Article, Section, Schedule and Schedule Exhibit references are to this Agreement unless otherwise specified.
Appears in 4 contracts
Samples: Stockholders Agreement (Bronfman Charles Rosner Discretionary Trust), Subscription Agreement (Randalls Food Markets Inc), Stockholders Agreement (Seagram Co LTD)
Other Definitional Provisions. (a) The words “hereof,” “herein”, “heretoherein” 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, and Section Section, Schedule and Schedule Exhibit references are to this Agreement unless otherwise specified.
Appears in 4 contracts
Samples: Subordination Agreement (Boardwalk Pipeline Partners, LP), Lock Up Agreement (Syratech Corp), Subordination Agreement (Boardwalk Pipeline Partners, LP)
Other Definitional Provisions. (a) The words “hereof,” ”, “herein”, “hereto” 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, and Section article, section, subsection, schedule and Schedule exhibit references are to this Agreement unless otherwise specified.
Appears in 4 contracts
Samples: Termination and Release Agreement (Tejas Inc), Contribution Agreement (Huntsman International LLC), European Contribution Agreement (Huntsman CORP)
Other Definitional Provisions. (a) The words “"hereof,” “" "herein”, “," "hereto” " and “"hereunder” " and words of similar import import, when used in this Agreement Agreement, shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 4 contracts
Samples: Framework Agreement (Senti Biosciences, Inc.), Asset Purchase Agreement (Valeant Pharmaceuticals International, Inc.), Asset Purchase Agreement (Ameralia Inc)
Other Definitional Provisions. (a) The words “hereof,” ”, “herein”, “hereto” and “hereunder” and words of similar import import, when used in this Agreement Agreement, shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 4 contracts
Samples: Asset Purchase Agreement (ORBCOMM Inc.), Asset Purchase Agreement (ORBCOMM Inc.), Asset Purchase Agreement (ORBCOMM Inc.)
Other Definitional Provisions. (a) The words “"hereof,” “" "herein”, “hereto” " 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, and Section Section, Schedule and Schedule Exhibit references are to this Agreement unless otherwise specified.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Baltia Air Lines Inc), Asset Purchase Agreement, Asset Purchase Agreement
Other Definitional Provisions. (a) The This Agreement uses the words “hereofherein,” “herein”, “heretohereof” and “hereunder,” and words of similar import when used in this Agreement shall to refer to this Agreement as a whole and not to any particular specific provision of this Agreement, and Section the words “Article” and Schedule references are “Section” to refer to Articles and Sections of this Agreement Agreement, respectively, unless otherwise specified.
Appears in 4 contracts
Samples: Stock Transfer Agreement (International Speedway Corp), Stock Transfer Agreement (International Speedway Corp), Stock Transfer Agreement (International Speedway Corp)
Other Definitional Provisions. (a) The words “hereof,” ”, “herein”, “hereto” 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, and Section and Schedule references are to the Sections and Schedules of this Agreement (as such Schedules may be amended or supplemented from time to time) unless otherwise specified. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation.”
Appears in 4 contracts
Samples: Pledge and Security Agreement (JELD-WEN Holding, Inc.), Credit Agreement (Clarivate Analytics PLC), Credit Agreement (JELD-WEN Holding, Inc.)
Other Definitional Provisions. (ai) The words “"hereof,” “", "herein”, “hereto” " 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, and Section section, schedule and Schedule exhibit references are to this Agreement unless otherwise specified.. The meaning of defined terms shall be equally applicable to the singular and plural forms of the defined terms. The term "
Appears in 4 contracts
Samples: Carolina Express Exclusive License Agreement, Carolina Express Exclusive License Agreement, Carolina Express Exclusive License Agreement
Other Definitional Provisions. (a) The words words. “hereof,” “herein”, “hereto” 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, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 4 contracts
Samples: Collateral Agreement (Tenneco Inc), Collateral Agreement (Tenneco Inc), Collateral Agreement (Tenneco Inc)
Other Definitional Provisions. (a) The words “hereof,” ”, “herein”, “hereto” and “hereunder” and words of similar import import, when used in this Agreement shall Agreement, refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 4 contracts
Samples: Asset Purchase and Sale Agreement, Stock Purchase Agreement (Bertuccis Corp), Asset Purchase and Sale Agreement
Other Definitional Provisions. (a) The words “"hereof,” “", "herein”, “hereto” " 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, and Section Article, section, subsection, schedule, and Schedule exhibit references are to this Agreement unless otherwise specified.
Appears in 4 contracts
Samples: Receivables Purchase Agreement (CNH Wholesale Receivables Inc), Pooling and Servicing Agreement (Carco Auto Loan Master Trust), Receivables Purchase Agreement (CNH Wholesale Receivables Inc)
Other Definitional Provisions. (a) The words “"hereof,” “", "herein”, “hereto” " 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, and Article and Section and Schedule references are to this Agreement unless otherwise specified. The meanings given to terms defined herein shall be equally applicable to both the singular and plural forms of such terms.
Appears in 4 contracts
Samples: Stockholder Agreement (BlackRock Inc.), Stockholder Agreement (BlackRock Inc.), Implementation and Stockholder Agreement (BlackRock Inc.)
Other Definitional Provisions. (a) The words “hereof,” “herein”, “hereto” 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, and Section Section, Schedule and Schedule Exhibit references are to this Agreement unless otherwise specified.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Near Intelligence, Inc.), Contribution and Sale Agreement (Evercore Partners Inc.), Contribution and Sale Agreement (Evercore Partners Inc.)
Other Definitional Provisions. (a) All definitions contained in this ------------------------------- Agreement are equally applicable to the singular and plural forms of the terms defined. The words “"hereof,” “", "herein”, “hereto” " and “"hereunder” " and words of similar import when used in referring to this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Citadel Security Software Inc), Securities Purchase Agreement (Citadel Security Software Inc), Securities Purchase Agreement (Raptor Networks Technology Inc)
Other Definitional Provisions. (a) The words “hereof,” ”, “herein”, “hereto” 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, and Section Section, subsection, Schedule and Schedule Annex references are to this Agreement unless otherwise specified.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (HSI IP, Inc.), Holding Pledge Agreement (HSI IP, Inc.), And Collateral Agreement (HSI IP, Inc.)
Other Definitional Provisions. (a) a. The words “"hereof,” “", "herein”", “"hereto” " and “"hereunder” " and words of similar import import, when used in this Agreement Agreement, shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Guy Salmon Usa LTD), Agreement and Plan of Reorganization (Republic Industries Inc), Agreement and Plan of Reorganization (Republic Industries Inc)
Other Definitional Provisions. (a) The words “hereof,” “herein”, “hereto” 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, and Section and Schedule references references’ are to this Agreement unless otherwise specified. The meanings given to terms defined herein shall be equally applicable to both the singular and plural forms of such terms.
Appears in 3 contracts
Samples: Security Agreement (Elizabeth Arden Inc), Security Agreement (Elizabeth Arden Inc), Credit Agreement (Elizabeth Arden Inc)
Other Definitional Provisions. (a) The words “hereof,” ”, “herein”, “hereto” 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, and Section Section, Exhibit and Schedule references are to this Agreement unless otherwise specified.
Appears in 3 contracts
Samples: Collateral Agreement (B&G Foods, Inc.), Guarantee and Collateral Agreement (B&G Foods, Inc.), Guarantee and Collateral Agreement (B&G Foods, Inc.)
Other Definitional Provisions. (a) The words “hereof,” “herein”, “hereto” 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, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 3 contracts
Samples: Guarantee and Security Agreement (FS Energy & Power Fund), Guarantee and Collateral Agreement (SMTC Corp), Guarantee and Collateral Agreement (Ifco Systems Nv)
Other Definitional Provisions. (a) The words “hereof,” “herein”, ,” “hereby,” “hereto” and “hereunder” and words of similar import import, when used in this Agreement Agreement, shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 3 contracts
Samples: Purchase Agreement (Auddia Inc.), Asset Purchase Agreement (Andina Gold Corp.), Membership Interest Purchase and License Agreement (Salt Blockchain Inc.)
Other Definitional Provisions. (a) The words “hereof,” , “herein”, “hereto” 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, and Section Section, Schedule and Schedule Annex references are to this Agreement unless otherwise specified.
Appears in 3 contracts
Samples: Assumption Agreement (RSC Equipment Rental, Inc.), Term Loan Credit Agreement (RSC Holdings Inc.), The Credit Agreement (RSC Holdings Inc.)
Other Definitional Provisions. (a) The words “hereof,” “herein”, ,” “hereto” 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, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 3 contracts
Samples: Direct Parent Stock Pledge Agreement (Vanguard Car Rental Group Inc.), Collateral Agreement (Ifco Systems Nv), Collateral Agreement (Ifco Systems Nv)
Other Definitional Provisions. (a) The words “"hereof,” “", "herein”", “hereto” 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; Section, Annex, Schedule and Section Exhibit references contained in this Agreement are references to Sections, Annexes, Schedules and Schedule references are Exhibits in or to this Agreement unless otherwise specified; and the term "including" shall mean "including without limitation".
Appears in 3 contracts
Samples: Servicing Agreement (West Penn Funding LLC), Servicing Agreement (West Penn Power Co), Master Servicing Agreement (Peco Energy Transition Trust)
Other Definitional Provisions. (a) The words “"hereof,” “", "herein”", “"hereto” " 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, and Section and Schedule references are to the specific provisions of this Agreement unless otherwise specified.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (Maxxam Inc), Guarantee and Collateral Agreement (Maxxam Inc), Guarantee and Collateral Agreement (Alpha Natural Resources, Inc.)
Other Definitional Provisions. (a) The words “"hereof,” “" "herein”, “hereto” " 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, and Section section and Schedule paragraph references are to this Agreement unless otherwise specified.
Appears in 3 contracts
Samples: Security Agreement (School Specialty Inc), Security Agreement (Pediatric Services of America Inc), Security Agreement (Gem Nevada LLC)
Other Definitional Provisions. (a) The words “hereof,” “hereto,” “herein”, “hereto,” 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, and Section and references to any Article, Section, Exhibit or Schedule are references are to Articles, Sections, Exhibits or Schedules in or to this Agreement unless otherwise specified.
Appears in 3 contracts
Samples: Master Separation Agreement, Master Separation Agreement (Assured Guaranty LTD), Master Separation Agreement (Assured Guaranty LTD)
Other Definitional Provisions. (a) The words “hereof,” ”, “herein”, “hereto” and “hereunder” and words of similar import import, when used in this Agreement Agreement, shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 3 contracts
Samples: Purchase Agreement (Assured Guaranty LTD), Indemnification Agreement (Assured Guaranty LTD), Indemnification Agreement (Assured Guaranty LTD)
Other Definitional Provisions. (a) The words “hereof,” “herein”, “hereto” and “hereunder” and words of similar import when used in this Agreement or any Sale Paper shall refer to this Agreement as a whole and not to any particular provision of this Agreement; and Article, Section, Subsection, Schedule and Section Exhibit references contained in this Agreement are references to Articles, Sections, Subsections, Schedules and Schedule references are Exhibits in or to this Agreement unless otherwise specified.. [END OF ARTICLE I]
Appears in 3 contracts
Samples: Receivables Purchase Agreement, Receivables Purchase Agreement (HSBC Credit Card Master Note Trust (Usa) I), Receivables Purchase Agreement (Metris Master Trust)
Other Definitional Provisions. (a) The words “hereof,” ”, “herein”, “hereto” and “hereunder” and words of similar import import, when used in this Agreement shall Agreement, refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 3 contracts
Samples: Guaranty and Security Agreement (Capital Park Holdings Corp.), Loan Agreement (Phi Inc), Guaranty and Security Agreement
Other Definitional Provisions. (a) The words “"hereof,” “" "herein”, “hereto” " and “"hereunder” " and words of similar import when used in this Agreement or any Sale Paper shall refer to this Agreement as a whole and not to any particular provision of this Agreement; and Section, Subsection, Schedule and Section Exhibit references contained in this Agreement are references to Sections, Subsections, Schedules and Schedule references are Exhibits in or to this Agreement unless otherwise specified.. [END OF ARTICLE I]
Appears in 3 contracts
Samples: Purchase Agreement (Metris Receivables Inc), Bank Receivables Purchase Agreement (Fingerhut Receivables Inc), Receivables Purchase Agreement (Metris Receivables Inc)
Other Definitional Provisions. (a) The words “hereof,” “herein”, “hereto” 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, and Section Section, Schedule and Schedule Annex references are to this Agreement unless otherwise specified.
Appears in 3 contracts
Samples: Credit Agreement (NuStar Energy L.P.), Term Loan Credit Agreement (NuStar Energy L.P.), Subsidiary Guaranty Agreement (NuStar Energy L.P.)
Other Definitional Provisions. (a) The words “hereof,” “herein”, “heretoherein” 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, and Section section, subsection, schedule and Schedule exhibit references are to this Agreement unless otherwise specified.
Appears in 3 contracts
Samples: Bridge Loan Agreement (Raser Technologies Inc), Intercompany Bridge Term Loan Agreement (Fresenius Kabi Pharmaceuticals Holding, Inc.), Intercompany Term Loan Agreement (Fresenius Kabi Pharmaceuticals Holding, Inc.)
Other Definitional Provisions. (a) The words “hereof,” “herein”, “ “hereto” 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, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (Readers Digest Association Inc), Credit Agreement (Readers Digest Association Inc), Guarantee and Collateral Agreement (Readers Digest Association Inc)
Other Definitional Provisions. (a) The words “hereof,” “herein”, “hereto” 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, and, unless otherwise specified herein or required by the context, all section, schedule and Section and Schedule exhibit references are to this Agreement unless otherwise specifiedAgreement.
Appears in 3 contracts
Samples: Master Repurchase Agreement (CBRE Realty Finance Inc), Master Repurchase Agreement (American Mortgage Acceptance Co), Master Repurchase Agreement (CBRE Realty Finance Inc)
Other Definitional Provisions. (ai) The words “hereof,” “herein”, “hereto,” and “hereunder” and words of similar import import, when used in this Agreement Agreement, shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Donegal Group Inc), Trust Agreement (Donegal Group Inc), Agreement and Plan of Merger (Generac Holdings Inc.)
Other Definitional Provisions. (a) The words “"hereof,” “, "herein”", “"hereto” " 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, and Section Section, Schedule and Schedule Annex references are to this Agreement unless otherwise specified.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (RSC Holdings Inc.), Assumption Agreement (RSC Holdings Inc.)
Other Definitional Provisions. (a) The words “hereof,” “herein”, “hereto” 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, and Section and Schedule references are to this Agreement unless otherwise specified. References to any Schedule shall mean such Schedule as amended, supplemented or otherwise as modified from time to time.
Appears in 2 contracts
Samples: Collateral Agreement (Carmike Cinemas Inc), Guarantee and Collateral Agreement (Carmike Cinemas Inc)
Other Definitional Provisions. (a) The words “"hereof,” “", "herein”", “hereto” and “"hereunder” " and words of similar import import, when used in this Agreement Agreement, shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Marathon Oil Corp), Holding Company Reorganization Agreement (Marathon Oil Corp)
Other Definitional Provisions. (a) (a) The words “hereof,” “herein”, ,” “hereto” 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, and Section and Schedule references are to the specific provisions of this Agreement unless otherwise specified.
Appears in 2 contracts
Samples: First Lien Guarantee and Collateral Agreement (Generac Holdings Inc.), Assumption Agreement (Generac Holdings Inc.)
Other Definitional Provisions. (a) The words “"hereof,” “", "herein”, “hereto” " 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, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 2 contracts
Samples: Asset Purchase Agreement (ARBINET Corp), Asset Purchase Agreement (Regent Communications Inc)
Other Definitional Provisions. (a) 1. The words “"hereof,” “" "herein”", “"hereto” " 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, and Section and Schedule references are to this Agreement unless otherwise specified.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (STC Broadcasting Inc), Pledge and Security Agreement (Bear Island Finance Co Ii)
