Common use of Construction of Certain Terms and Phrases Clause in Contracts

Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, (i) words of any gender include each other gender; (ii) words using the singular or plural number also include the plural or singular number, respectively; (iii) the terms "hereof," "herein," "hereby" and derivative or similar words refer to this entire Agreement; (iv) the terms "Article" or "Section" refer to the specified Article or Section of this Agreement; and (v) the phrase "ordinary course of business" refers to the business of the Company or a Subsidiary. Whenever this Agreement refers to a number of days, such number shall refer to calendar days unless business days are specified. All accounting terms used herein and not expressly defined herein shall have the meanings given to them under GAAP. Any representation or warranty contained herein as to the enforceability of a contract shall be subject to the effect of any bankruptcy, insolvency, reorganization, moratorium or other similar law affecting the enforcement of creditors' rights generally and to general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at Law).

Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, (i) words of any gender include each other gender; (ii) words using the singular or plural number also include the plural or singular number, respectively; (iii) the terms "hereof," "herein," "hereby" and derivative or similar words refer to this entire Agreement; (iv) the terms "Article" or "Section" refer to the specified Article or Section of this Agreement; and (v) the phrase "ordinary course of business" refers to the business of the Company or a SubsidiaryCompany. Whenever this Agreement refers to a number of days, such number shall refer to calendar days unless business days Business Days are specified. All accounting terms used herein and not expressly defined herein shall have the meanings given to them under GAAP. Any representation or warranty contained herein as to the enforceability of a contract Contract shall be subject to the effect of any bankruptcy, insolvency, reorganization, moratorium or other similar law affecting the enforcement of creditors' rights generally and to general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at Law).

Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, (i) words of any gender include each other gender; (ii) words using the singular or plural number also include the plural or singular number, respectively; (iii) the terms "hereof," "herein," "hereby" and derivative or similar words refer to this entire Agreement; (iv) the terms "Article" or "Section" refer to the specified Article or Section of this Agreement; and (v) "include" or "including" means including without limiting the phrase "ordinary course generality of business" refers to the business of the Company or a Subsidiaryany description preceding such term. Whenever this Agreement refers to a number of days, such number shall refer to calendar days unless business days Business Days are specified. All accounting terms used herein and not expressly defined herein shall have the meanings given to them under GAAP. Any representation or warranty contained herein as to the enforceability of a contract Contract shall be subject to the effect of any bankruptcy, insolvency, reorganization, moratorium or other similar law affecting the enforcement of creditors' rights generally and to general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at Law).

Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, (i) words of any gender include each other gender; (ii) words using the singular or plural number also include the plural or singular number, respectively; (iii) the terms "hereof," "herein," "hereby" and derivative or similar words refer to this entire Agreement; (iv) the terms "Article" or "Section" refer to the specified Article or Section of this Agreement; and (v) the phrase "ordinary course of business" refers to the business of the Company or a Subsidiary. Whenever this Agreement refers to a number of days, such number shall refer to calendar days unless business days Business Days are specified. All accounting terms used herein and not expressly defined herein shall have the meanings given to them under GAAP. Any representation or warranty contained herein as to the enforceability of a contract Contract shall be subject to the effect of any bankruptcy, insolvency, reorganization, moratorium or other similar law affecting the enforcement of creditors' rights generally and to general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at Law).

Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, (i) words of any gender include each other gender; (ii) words using the singular or plural number also include the plural or singular number, respectivelyrespec-tively; (iii) the terms "hereof," "herein," "hereby" “hereof,”“herein,”“hereby” and derivative deriva-tive or similar words refer to this entire Agreement; (iv) the terms "“Article" ” or "“Section" ” refer to the specified Article or Section of this Agreement; and (v) the phrase "“ordinary course of business" ” refers to the business of the Company or a SubsidiaryCompany. Whenever this Agreement refers to a number of days, such number shall refer to calendar days unless business days Business Days are specified. All accounting terms used herein and not expressly defined herein shall have the meanings given to them under GAAP. Any representation or warranty contained herein as to the enforceability of a contract Contract shall be subject to the effect of any bankruptcy, insolvency, reorganization, moratorium or other similar law affecting the enforcement of creditors' ’ rights generally and to general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at Law).

Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, (i) words of any gender include each other gender; (ii) words using the singular or plural number also include the plural or singular number, respectively; (iii) the terms "hereof," "herein," "hereby" and derivative or similar words refer to this entire Agreement; (iv) the terms "Article" or "Section" refer to the specified Article or Section of this Agreement; and (v) the phrase "ordinary course of business" refers to the business of Company in connection with the Company or a SubsidiaryBusiness. Whenever this Agreement refers to a number of days, such number shall refer to calendar days unless business days Business Days are specified. All accounting terms used herein and not expressly defined herein shall have the meanings given to them under GAAP. Any representation or warranty contained herein as to the enforceability of a contract Contract shall be subject to the effect of any bankruptcy, insolvency, reorganization, moratorium or other similar law affecting the enforcement of creditors' rights generally and to general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at Law).

Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, (i) words of any gender include each other gender; (ii) words using the singular or plural number also include the plural or singular number, respectively; (iii) the terms "“hereof," "” “herein," "” “hereby" ” and derivative or similar words refer to this entire Agreement; (iv) the terms "“Article" ” or "“Section" ” refer to the specified Article or Section of this Agreement; and (v) the phrase "“ordinary course of business" ” refers to the business of Seller in connection with the Company or a SubsidiaryBusiness. Whenever this Agreement refers to a number of days, such number shall refer to calendar days unless business days Business Days are specified. All accounting terms used herein and not expressly defined herein shall have the meanings given to them under GAAP. Any representation or warranty contained herein as to the enforceability of a contract Contract shall be subject to the effect of any bankruptcy, insolvency, reorganization, moratorium or other similar law affecting the enforcement of creditors' ’ rights generally and to general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at Law).

Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, (i) words of any gender include each other gender; (ii) words using the singular or plural number also include the plural or singular number, respectively; (iii) the terms "hereof," "herein," "hereby" and derivative or similar words refer to this entire Agreement; (iv) the terms "Article" or "Section" refer to the specified Article or Section of this Agreement; and (v) the phrase "ordinary course of business" refers to the business of Seller in connection with the Company or a SubsidiaryBusiness. Whenever this Agreement refers to a number of days, such number shall refer to calendar days unless business days Business Days are specified. All accounting terms used herein and not expressly defined herein shall have the meanings given to them under GAAP. Any representation or warranty contained herein as to the enforceability of a contract Contract shall be subject to the effect of any bankruptcy, insolvency, reorganization, moratorium or other similar law affecting the enforcement of creditors' rights generally and to general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at Law).

Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, (i) words of any gender include each other gender; (ii) words using the singular or plural number also include the plural or singular number, respectively; (iii) the terms "“hereof," "” “herein," "” “hereby" ” and derivative or similar words refer to this entire Agreement; (iv) the terms "“Article" ” or "“Section" ” refer to the specified Article or Section of this Agreement; and (v) “include” or “including” means including without limiting the phrase "ordinary course generality of business" refers to the business of the Company or a Subsidiaryany description preceding such term. Whenever this Agreement refers to a number of days, such number shall refer to calendar days unless business days Business Days are specified. All accounting terms used herein and not expressly defined herein shall have the meanings given to them under GAAP. Any representation or warranty contained herein as to the enforceability of a contract Contract shall be subject to the effect of any bankruptcy, insolvency, reorganization, moratorium or other similar law affecting the enforcement of creditors' ’ rights generally and to general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at Law).

Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, : (i) words of any gender include each other gender; (ii) words using the singular or plural number also include the plural or singular number, respectively; (iii) the terms "“hereof," "” “herein," "” “hereby" ” and derivative or similar words refer to this entire Agreement; (iv) the terms "“Article" ” or "“Section" ” refer to the specified Article or Section of this Agreement; and (v) the phrase "“ordinary course of business" ” refers to the business Debtors’ operation of the Company or a Subsidiaryits business. Whenever this Agreement refers to a number of days, such number shall refer to calendar days unless business days Business Days are specified. All accounting terms used herein and not expressly defined herein shall have the meanings given to them under GAAP. Any representation or warranty contained herein as to the enforceability of a contract Contract shall be subject to the effect of any bankruptcy, insolvency, reorganization, moratorium moratorium, or other similar law affecting the enforcement of creditors' ’ rights generally and to general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at Law).

Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, (i) words of any gender include each other gender; (ii) words using the singular or plural number also include the plural or singular number, respectively; (iii) the terms "“hereof," "” “herein," "” “hereby" ” and derivative or similar words refer to this entire Agreement; (iv) the terms "“Article" ” or "“Section" ” refer to the specified Article or Section of this Agreement; and (v) “include” or “including” means including without limiting the phrase "ordinary course generality of business" refers to the business of the Company or a Subsidiaryany description preceding such term. Whenever this Agreement refers to a number of days, such number shall refer to calendar days unless business days Business Days are specified. All accounting terms used herein and not expressly defined herein shall have the meanings given to them under GAAP. Any representation or warranty contained herein as to the enforceability of a contract shall be subject to the effect of any bankruptcy, insolvency, reorganization, moratorium or other similar law Laws affecting the enforcement of creditors' ’ rights generally and to general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at Lawlaw).

Construction of Certain Terms and Phrases. Unless the context of this Agreement otherwise requires, (i) words of any gender include each other gender; (ii) words using the singular or plural number also include the plural or singular number, respectively; (iii) the terms "“hereof," "” “herein," "” “hereby" ” and derivative or similar words refer to this entire Agreement; (iv) the terms "“Article" ” or "“Section" ” refer to the specified Article or Section of this Agreement; and (v) the phrase "“ordinary course of business" ” refers to the business of Sellers in connection with the Company or a SubsidiaryBusiness. Whenever this Agreement refers to a number of days, such number shall refer to calendar days unless business days Business Days are specified. All accounting terms used herein and not expressly defined herein shall have the meanings given to them under GAAP. Any representation or warranty contained herein as to the enforceability of a contract Contract shall be subject to the effect of any bankruptcy, insolvency, reorganization, moratorium or other similar law affecting the enforcement of creditors' ’ rights generally and to general equitable principles (regardless of whether such enforceability is considered in a proceeding in equity or at Law).. ARTICLE XII MISCELLANEOUS 12.01