Common use of Construction and Usage Clause in Contracts

Construction and Usage. Unless otherwise provided in the Master Sale Agreement (Warehouse), the Master Transfer Agreement, or the Master Servicing Agreement (the “Specified Documents”), the following rules of construction and usage are applicable to this Appendix and the Specified Documents. (i) As used in this Appendix or in Specified Documents and in any certificate or other document made or delivered pursuant thereto, accounting terms not defined herein, or in any such Specified Document, or in any such certificate or other document, and accounting terms partly defined herein or in any such certificate or other document, to the extent not defined herein, have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms herein, in any such Specified Document or in any such certificate or other document are inconsistent with the meanings of such terms under such generally accepted accounting principles, the definitions contained herein, in such Specified Document or in any such certificate or other document control. (ii) The words “hereof,” “herein,” “hereunder” and words of similar import when used in any Specified Document refer to such Specified Document as a whole and not to any particular provision or subdivision thereof. References in any Specified Document to “Article,” “Section” or another subdivision or to an attachment are, unless the context otherwise requires, to an article, section or subdivision of or an attachment to such Specified Document. The term “including” means “including without limitation.” The word “or” is not exclusive. (iii) The definitions contained in any Specified Document are equally applicable to both the singular and plural forms of such terms and to the masculine as well as to the feminine and neuter genders of such terms. (iv) Any agreement, instrument, statute or regulation defined or referred to below means such agreement, instrument, statute or regulation as from time to time amended, modified or supplemented, including (in the case of agreements or instruments) by waiver or consent and (in the case of statutes) by succession of comparable successor statutes and includes (in the case of agreements or instruments) references to all attachments thereto and instruments incorporated therein.

Appears in 4 contracts

Sources: Master Transfer Agreement, Master Transfer Agreement (Carvana Co.), Master Transfer Agreement (Carvana Co.)

Construction and Usage. Unless otherwise provided in the Master Sale Agreement (Warehouse)this Agreement, the Master Transfer Agreement, or the Master Servicing Agreement (the “Specified or any other Basic Documents”), the following rules of construction and usage are applicable to this Appendix and this Agreement, the Specified DocumentsServicing Agreement and any other Basic Documents the following rules of construction and usage are applicable to this Appendix and the this Agreement. (i) As used in this Appendix or in Specified Documents any Basic Document and in any certificate or other document made or delivered pursuant thereto, accounting terms not defined herein, or in any such Specified Basic Document, or in any such certificate or other document, and accounting terms partly defined herein or in any such certificate or other document, to the extent not defined herein, have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms herein, in any such Specified Basic Document or in any such certificate or other document are inconsistent with the meanings of such terms under such generally accepted accounting principles, the definitions contained herein, in such Specified Basic Document or in any such certificate or other document control. (ii) The words “hereof,” “herein,” “hereunder” and words of similar import when used in any Specified Basic Document refer to such Specified Basic Document as a whole and not to any particular provision or subdivision thereof. References in any Specified Basic Document to “Article,” “Section” or another subdivision or to an attachment are, unless the context otherwise requires, to an article, section or subdivision of or an attachment to such Specified Basic Document. The term “including” means “including without limitation.” The word “or” is not exclusive. (iii) The definitions contained in any Specified Basic Document are equally applicable to both the singular and plural forms of such terms and to the masculine as well as to the feminine and neuter genders of such terms. (iv) Any agreement, instrument, statute or regulation defined or referred to below means such agreement, instrument, statute or regulation as from time to time amended, modified or supplemented, including (in the case of agreements or instruments) by waiver or consent and (in the case of statutes) by succession of comparable successor statutes and includes (in the case of agreements or instruments) references to all attachments thereto and instruments incorporated therein. (v) References to “dollars” or “$” shall be to United States dollars unless otherwise specified herein. (vi) Unless otherwise stated in the applicable Basic Document, in the computation of a period of time from a specified date to a later specified date, the word “from” means “from and including”, the word “through” means “to and including” and the words “to” and “until” both mean “to but excluding.” (vii) Dates and times of day shall be references to Chicago dates and Chicago time, respectively. (viii) Except as otherwise expressly provided herein, any interest calculated over a period under any Basic Document shall be based on the basis of a 360-day year and twelve 30-day months.

Appears in 4 contracts

Sources: Second Amendment to Purchase Agreements, First Amendment to Servicing Agreement, and Waiver With Respect to Back Book Purchase Agreement (Harley-Davidson, Inc.), Master Purchase and Sale Agreement (Harley-Davidson, Inc.), Master Purchase and Sale Agreement (Harley-Davidson, Inc.)

Construction and Usage. Unless otherwise provided in the Master Sale Agreement (Warehouse)Agreement, the Master Transfer Purchase and Sale Agreement, or the Master Servicing Agreement (the “Specified or any other Basic Documents”), the following rules of construction and usage are applicable to this Appendix and the Specified Master Sale Agreement, the Master Purchase and Sale Agreement, the Master Servicing Agreement and any other Basic Documents. (i) As used in this Appendix or in Specified Documents any Basic Document and in any certificate or other document made or delivered pursuant thereto, accounting terms not defined herein, or in any such Specified Basic Document, or in any such certificate or other document, and accounting terms partly defined herein or in any such certificate or other document, to the extent not defined herein, have the respective meanings given to them under generally accepted accounting principles. To the extent that the definitions of accounting terms herein, in any such Specified Basic Document or in any such certificate or other document are inconsistent with the meanings of such terms under such generally accepted accounting principles, the definitions contained herein, in such Specified Basic Document or in any such certificate or other document control. (ii) The words “hereof,” “herein,” “hereunder” and words of similar import when used in any Specified Basic Document refer to such Specified Basic Document as a whole and not to any particular provision or subdivision thereof. References in any Specified Basic Document to “Article,” “Section” or another subdivision or to an attachment are, unless the context otherwise requires, to an article, section or subdivision of or an attachment to such Specified Basic Document. The term “including” means “including without limitation.” The word “or” is not exclusive. (iii) The definitions contained in any Specified Basic Document are equally applicable to both the singular and plural forms of such terms and to the masculine as well as to the feminine and neuter genders of such terms. (iv) Any agreement, instrument, statute or regulation defined or referred to below means such agreement, instrument, statute or regulation as from time to time amended, modified or supplemented, including (in the case of agreements or instruments) by waiver or consent and (in the case of statutes) by succession of comparable successor statutes and includes (in the case of agreements or instruments) references to all attachments thereto and instruments incorporated therein. (v) Any interest calculated over a period under any Basic Document shall be based on the actual number of days in such period and 365-day years.

Appears in 3 contracts

Sources: Master Purchase and Sale Agreement (Carvana Co.), Master Purchase and Sale Agreement, Master Purchase and Sale Agreement (Carvana Co.)