03Terms Generally Sample Clauses
The '03 Terms Generally' clause defines the overall rules and principles that govern the interpretation and application of the contract's terms. It typically clarifies how headings, references, and defined terms should be understood throughout the agreement, and may specify that singular words include the plural, or that certain words have specific meanings. By establishing these interpretive guidelines, the clause ensures consistency and reduces ambiguity in how the contract is read and enforced.
03Terms Generally. The definitions of terms herein shall apply equally to the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” The phrase “Material Adverse Effect” shall be deemed to be followed by the phrase “, individually or in the aggregate.” 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 and contract rights. The word “will” shall be construed to have the same meaning and effect as the word “shall.” The word “or” is not exclusive. The word “year” shall refer (i) in the case of a leap year, to a year of three hundred sixty-six (366) days, and (ii) otherwise, to a year of three hundred sixty-five (365) days. Unless the context requires otherwise, (a) any definition of or reference to any Loan Document, agreement, instrument or other document herein shall be construed as referring to such Loan Document, agreement, instrument or other document as from time to time amended, restated, amended and restated, supplemented and/or otherwise modified (subject to any restrictions on such amendments, restatements, amendments and restatements, supplements and/or modifications set forth in any Loan Document), (b) any reference herein to any person shall be construed to include such person’s successors and assigns, (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, exhibits, Schedules and schedules shall be construed to refer to Articles and Sections of, and Exhibits, exhibits, Schedules and schedules to, this Agreement, unless otherwise indicated and (e) any reference to any law or regulation shall (i) include all statutory and regulatory provisions consolidating, amending, replacing or interpreting or supplementing such law or regulation, and (ii) unless otherwise specified, refer to such law or regulation as amended, modified or supplemented from time to time. This Section 1.03 shall apply, mutatis mutandis, to all Loan Documents.
03Terms Generally. The definitions of terms herein shall apply equally to the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” The phrase “Material Adverse Effect” shall be deemed to be followed by the phrase “, individually or in the aggregate.” The words “asset” and “property” shall be construed to have the same meaning and effect. The word “will” shall be construed to have the same meaning and effect as the word “shall.” Unless the context requires otherwise, (a) any definition of or reference to any Loan Document, agreement, instrument or other document herein shall be construed as referring to such Loan Document, agreement, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth in any Loan Document), (b) any reference herein to any person shall be construed to include such person’s successors and assigns, (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, exhibits, Schedules and schedules shall be construed to refer to Articles and Sections of, and Exhibits, exhibits, Schedules and schedules to, this Agreement, unless otherwise indicated and (e) any reference to any law or regulation shall (i) include all statutory and regulatory provisions consolidating, amending, replacing or interpreting or supplementing such law or regulation, and (ii) unless otherwise specified, refer to such law or regulation as amended, modified or supplemented from time to time. This Section 1.03 shall apply, mutatis mutandis, to all Loan Documents.
03Terms Generally. The definitions of terms herein shall apply equally to the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without
03Terms Generally. (a) The definitions inSection 1.01 shall apply equally to both the singular and plural forms of theterms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminineand neuter forms. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase“without limitation.” All references herein to Articles, Sections, Exhibits and Schedules shall be deemed referencesto Articles and Sections of, and Exhibits and Schedules to, this Agreement unless the context shall otherwise require.Except as otherwise expressly provided herein, (i) any reference in this Agreement to any Loan Document meanssuch document as amended, restated, supplemented or otherwise modified from time to time and (ii) all terms of anaccounting or financial nature shall be construed in accordance with GAAP, as in effect from time to time;providedthat for purposes of determining compliance with the covenants contained inArticle VI , all accounting terms hereinshall be interpreted and all accounting determinations hereunder shall be made in accordance with GAAP as in effecton the Closing Date and applied on a basis consistent with the application used in the financial statements referred toin Section 3.05 ; provided, further, that all leases of any Person that are or would be characterized as operating leasesin accordance with GAAP prior to giving effect to FASB Accounting Standards Update ASU 2016-02 (whether ornot such operating leases were in effect at the time of effectiveness thereof) shall continue to be accounted for asoperating leases (and not as Capital Lease Obligations) for purposes of this Agreement regardless of FASBAccounting Standards Update ASU 2016-02 or any change in GAAP following the Closing Date that wouldotherwise require such leases to be recharacterized as Capital Lease Obligations. Without limiting the foregoing, allreferences to a “Capital Lease Obligation” or “Capital Leases Obligations” shall be understood to be a reference to a“Financing Lease” or “Financing Leases” where such nomenclature is consistent with GAAP.
(b) If any payment under this Agreement or any other Loan Document shall be due on any day that isnot a Business Day, the date for payment shall be extended to the next succeeding Business Day, and in the case ofany payment accruing interest, interest thereon shall be paid for the period of such extension.Section 1.04UCC Terms .. Terms defined in the UCC in effect on the Closing Date and...