Certain Interpretative Provisions Sample Clauses
The 'Certain Interpretative Provisions' clause defines how specific terms, phrases, or references within the contract should be understood and applied. It typically clarifies the meaning of words such as 'including,' addresses how plural and singular forms are treated, or explains how references to statutes or documents should be interpreted. By establishing these interpretative rules, the clause ensures consistency and reduces ambiguity throughout the contract, helping to prevent misunderstandings or disputes over language.
Certain Interpretative Provisions. (a) For purposes of all Financial Definitions and calculations in this Indenture, (i) there shall be excluded for any period the effects of purchase accounting (including the effects of such adjustments pushed down to UK Holdco and the Restricted Subsidiaries) in component amounts required or permitted by GAAP and related authoritative pronouncements (including the effects of such adjustments pushed down to UK Holdco and the Restricted Subsidiaries), as a result of the Transactions, any acquisition consummated prior to the Completion Date, any acquisitions permitted under this Indenture, or the amortization or write-off of any amounts thereof and (ii) effect shall not be given to (A) any election under Accounting Standards Codification ▇▇▇-▇▇-▇▇ (previously referred to as Statement of Financial Accounting Standards 159) (or any other Accounting Standards Codification, International Accounting Standard or Financial Accounting Standard having a similar result or effect) to value any Indebtedness or other liabilities of UK Holdco or any Subsidiary at “fair value,” as defined therein, (B) any treatment of Indebtedness in respect of convertible debt instruments under Accounting Standards Codification 470-20 (or any other Accounting Standards Codification, International Accounting Standard or Financial Accounting Standard having a similar result or effect) to value any such Indebtedness in a reduced or bifurcated manner as described therein, and such Indebtedness shall at all times be valued at the full stated principal amount thereof or (C) the application of Accounting Standards Codification 480, 815, 805 and 718 (to the extent these pronouncements under Accounting Standards Codification 718 result in recording an equity award as a liability on the consolidated balance sheet of UK Holdco and its Restricted Subsidiaries in the circumstance where, but for the application of the pronouncements, such award would have been classified as equity). Any calculation or determination in this Indenture that requires the application of GAAP across multiple quarters need not be calculated or determined using the same accounting standard for each constituent quarter.
(b) Notwithstanding anything to the contrary contained in this Indenture or in the definition of “Capitalized Lease Obligation”, unless UK Holdco elects otherwise, all obligations of any Person that are or would have been treated as operating leases for purposes of GAAP prior to the issuance by the Financial Acc...
Certain Interpretative Provisions. As used in this Agreement: (a) the word “or” is not exclusive and the words “include”, “includes” and “including” are not limiting, (b) references to a law include any rule or regulation issued under the law and any amendment to the law, rule or regulation, (c) whenever the words “include,” “includes,” or “including” appear, they shall be deemed to be followed by the words “without limitation,” (d) personal pronouns shall be deemed to include the other genders and the singular shall include the plural and vice versa, (e) the words “herein,” “hereof” and “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular Section or other subdivision, and (f) any
Certain Interpretative Provisions. (a) Notwithstanding anything to the contrary contained in this Indenture or in the definition of “Capitalized Lease,” “Capitalized Lease Obligation,” “Qualified Restaurant Lease Obligation” or “Restaurant Capital Lease,” unless the Issuer elects otherwise, all obligations of any Person that are or would have been treated as operating leases for purposes of GAAP prior to the effective date of Accounting Standards Update 2016-02, Leases (Topic 842) (the “ASU”) and all operating lease liabilities arising after the effective date of the ASU shall be treated as operating leases (and not be treated as financing or capital lease obligations or Indebtedness) for all purposes under this Indenture, including all covenants, Financial Definitions, calculations and deliverables under this Indenture (including the calculation of Consolidated Net Income and EBITDA) (whether or not such operating lease obligations were in effect on such date) notwithstanding the fact that such obligations are required in accordance with the ASU or any other change in accounting treatment or otherwise (on a prospective or retroactive basis or otherwise) to be treated as or to be re-characterized as financing or capital lease obligations or otherwise accounted for as liabilities in financial statements. Interest on a Capitalized Lease Obligation or Qualified Restaurant Lease Obligation shall be deemed to accrue at an interest rate reasonably determined by a responsible financial or accounting officer of the Issuer to be the rate of interest implicit in such Capitalized Lease Obligation or Qualified Restaurant Lease Obligation in accordance with GAAP.
Certain Interpretative Provisions. In this Agreement and each other Loan Document: (a) the meaning of each term defined in singular form also shall apply to the plural form of such term, and vice versa; each singular pronoun shall be deemed to include the plural variation thereof, and vice versa; and each gender specific pronoun shall be deemed to include the neuter, masculine and feminine, in each case as the context may permit or required; (b) any table of contents or caption, section or other heading is for reference purposes only and shall not affect the meaning or interpretation of such document; (c) each reference to any Section, subsection, Exhibit, Schedule and the like shall mean those of or attached to such document unless otherwise expressly provided; (d) the words “hereof”, “herein” and “hereunder” and words of similar import shall refer to such document as a whole and not to any particular provision of such document; (e) the words “include”, “includes” and “including” shall be deemed to be followed by the phrase “(without limitation)”, whether or not so stated, and in any event shall not in any way limit the generality of the preceding provision or preclude any other applicable item that could be encompassed by the preceding provision; and (f) unless the context clearly requires otherwise, the word “or” shall have both the inclusive and alternative meaning represented by the phrase “and/or”.
Certain Interpretative Provisions. In this Agreement, unless the contrary intention appears, a reference:
(a) to the singular includes the plural and vice versa, and to a gender includes all genders;
(b) to any rules or statutory provision includes any modification or re-enactment of it or any provision substituted for it, and all rules, procedures, ordinances, regulations and statutory instruments (however described) issued under it;
(c) to the words “including” and “include” shall mean “including without limitation” and “include without limitation,” respectively;