Certain Matters of Construction. The terms "herein", "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which Agent is a party, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 24 contracts
Samples: Security Agreement (Terrace Holdings Inc), Security Agreement (Rheometric Scientific Inc), Security Agreement (Lesco Inc/Oh)
Certain Matters of Construction. The terms "“herein"”, "“hereof" ” and "“hereunder" ” and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which Agent is a party, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 10 contracts
Samples: Security Agreement (Champion Parts Inc), Security Agreement (Bio Reference Laboratories Inc), Credit and Security Agreement (Pc Connection Inc)
Certain Matters of Construction. The terms "herein", "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versaVICE VERSA. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which Agent is a party, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 5 contracts
Samples: Revolving Credit (Trescom International Inc), Security Agreement (Lesco Inc/Oh), Credit and Security Agreement (Frontstep Inc)
Certain Matters of Construction. The terms "herein", "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in The section titles, table of contents and list of exhibits appear as a matter of convenience only and shall not affect the context, terms used herein in the singular also include the plural and vice versainterpretation of this Agreement. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all All references to any instruments or agreements to which Agent is a partyagreements, including, without limitation, references to this Agreement or any of the Other DocumentsAgreements, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 5 contracts
Samples: Consolidated Loan and Security Agreement (DXP Enterprises Inc), Loan and Security Agreement (Index Inc), Loan and Security Agreement (DXP Enterprises Inc)
Certain Matters of Construction. The terms "“herein"”, "“hereof" ” and "“hereunder" ” and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which Agent Lender is a party, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 3 contracts
Samples: Security Agreement (Franklin Electronic Publishers Inc), Term Loan and Security Agreement (Allied Motion Technologies Inc), Credit and Security Agreement (Memry Corp)
Certain Matters of Construction. The terms "herein", "hereof" ' and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which Agent Bank is a party, including, without limitation, references to any of the Other other Loan Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 2 contracts
Samples: Loan and Security Agreement (CHDT Corp), Loan and Security Agreement (Coffee Holding Co Inc)
Certain Matters of Construction. The terms "“herein"”, "“hereof" ” and "“hereunder" ” and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which the Agent is a party, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 2 contracts
Samples: Revolving Credit (Radnor Holdings Corp), Security Agreement (Lesco Inc/Oh)
Certain Matters of Construction. The terms "“herein"”, "“hereof" ” and "“hereunder" ” and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise providedprovided or not permitted herein, all references to any agreement, documents or instruments or agreements to which Agent is a party, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 2 contracts
Samples: Loan and Security Agreement (Vision-Ease Lens CORP), Loan and Security Agreement (Vision-Ease Lens, Inc.)
Certain Matters of Construction. The terms "herein", "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which Agent Lender is a party, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 2 contracts
Samples: Loan and Security Agreement (Measurement Specialties Inc), Credit and Security Agreement (Omni Energy Services Corp)
Certain Matters of Construction. The terms "“herein"”, "“hereof" ” and "“hereunder" ” and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which Administrative Agent is a party, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 1 contract
Certain Matters of Construction. The terms "herein", "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which the Agent is a party, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 1 contract
Samples: Security Agreement (Evergreen International Aviation Inc)
Certain Matters of Construction. The terms "herein", "hereof" and ------------------------------- "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All ---- ----- references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all All references to any instruments or agreements to which Agent is a party, including, without limitation, references to any of the Other Documents, Documents shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Styrochem International LTD)
Certain Matters of Construction. The terms "herein", "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all All references to any instruments or agreements to which Agent is a party, including, without limitation, references to any of the Other Ancillary Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 1 contract
Certain Matters of Construction. The terms "herein", "hereof" and ------------------------------- "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which Agent is a party, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 1 contract
Certain Matters of Construction. The terms "herein", "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulationsregulations relating thereto. Unless otherwise provided, all references to any instruments or agreements to which Agent is a partyagreements, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 1 contract
Samples: Revolving Credit And (Swank Inc)
Certain Matters of Construction. The terms "herein", "hereof" and ------------------------------- "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All ---- ----- references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which Agent is a party, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 1 contract
Samples: Air Methods Corp
Certain Matters of Construction. The terms "herein", "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which Agent is Lenders are a party, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 1 contract
Samples: Loan Agreement (McMS Inc /De/)
Certain Matters of Construction. The terms "herein", ," "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in The section titles, table of contents and list of exhibits appear as a matter of convenience only and shall not affect the context, terms used herein in the singular also include the plural and vice versainterpretation of this Agreement. All references to statutes -statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all All references to any instruments or agreements to which Agent is a partyagreements, including, without limitation, references to this Agreement and any of the Other DocumentsAgreements, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 1 contract
Samples: Loan Agreement (Inbrand Corp)
Certain Matters of Construction. The terms "herein", "hereof" ------------------------------- and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All ---- ----- references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all All references to any instruments or agreements to which Agent is a party, including, without limitation, references to any of the Other Documents, Documents shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.. ADVANCES, PAYMENTS ------------------
Appears in 1 contract
Samples: Credit and Security Agreement (Styrochem International Inc)
Certain Matters of Construction. The terms "herein", "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which Agent Lender is a party, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof. II.
Appears in 1 contract
Samples: Credit, Term Loan And Security Agreement (Measurement Specialties Inc)
Certain Matters of Construction. The terms "herein", "hereof" and -------------------------------- "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All ---- ----- references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which Agent is a party, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 1 contract
Certain Matters of Construction. The terms "herein", "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same thereto and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which Agent is a party, including, without limitation, references to any of the Other other Loan Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof. ADVANCES, PAYMENTS.
Appears in 1 contract
Samples: Security Agreement (Perma Fix Environmental Services Inc)
Certain Matters of Construction. The terms "herein", "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all All references to any instruments or agreements to which Agent is a party, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 1 contract
Samples: Security Agreement (Danskin Inc)
Certain Matters of Construction. The terms "herein", "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which Agent is Lenders are a party, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof. II.
Appears in 1 contract
Certain Matters of Construction. The terms "herein", "hereof" hereof and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which Agent Lender is a party, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 1 contract
Samples: Credit and Security Agreement (Omni Energy Services Corp)
Certain Matters of Construction. The terms "herein", "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which Agent is a party, including, without limitation, references to any of the Other Loan Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 1 contract
Certain Matters of Construction. The terms "“herein"”, "“hereof" ’ and "“hereunder" ” and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which Agent is a party, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 1 contract
Samples: Security Agreement (Kenexa Corp)
Certain Matters of Construction. The terms "herein", "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all All references to any instruments or agreements to which Agent Lender is a party, including, without limitation, references to any of the Other Documents, Documents shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 1 contract
Certain Matters of Construction. The terms "herein", "hereof" and "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular section, paragraph or subdivision. Any pronoun used shall be deemed to cover all genders. Wherever appropriate in the context, terms used herein in the singular also include the plural and vice versa. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. Unless otherwise provided, all references to any instruments or agreements to which any Agent is a party, including, without limitation, references to any of the Other Documents, shall include any and all modifications or amendments thereto and any and all extensions or renewals thereof.
Appears in 1 contract
