Construction. (a) For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine genders.
Appears in 828 contracts
Samples: Agreement and Plan of Merger and Reorganization (Infinity Oil & Gas Co), Share Exchange Agreement (Alliance MMA, Inc.), Agreement and Plan of Merger (Amag Pharmaceuticals, Inc.)
Construction. (a) For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders.
Appears in 576 contracts
Samples: Voting and Support Agreement (McEwen Mining Inc.), Voting and Support Agreement (Timberline Resources Corp), Asset Purchase Agreement (Micrus Endovascular Corp)
Construction. (a) For purposes of this Agreement, whenever the context requires: (i) the singular number shall include the plural, and vice versa; (ii) the masculine gender shall include the feminine and neuter genders; (iii) the feminine gender shall include the masculine and neuter genders; and (iv) the neuter gender shall include the masculine and feminine genders.
Appears in 46 contracts
Samples: Agreement and Plan of Merger (Wok Acquisition Corp.), Agreement and Plan of Merger (Lacrosse Footwear Inc), Agreement and Plan of Merger (TherapeuticsMD, Inc.)
Construction. (a) For purposes of this Agreement, whenever the context requires: the singular number shall will include the plural, and vice versa; the masculine gender shall will include the feminine and neuter genders; the feminine gender shall will include the masculine and neuter genders; and the neuter gender shall will include the masculine and feminine genders.
Appears in 40 contracts
Samples: License Agreement (Comscore, Inc.), Securities Purchase Agreement (3com Corp), Membership Interest Purchase Agreement (NightHawk Radiology Holdings Inc)
Construction. (ai) For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine genders.
Appears in 40 contracts
Samples: Voting Agreement (Sys), Stockholder Agreement (Forest Oil Corp), Voting Agreement (Sys)
Construction. (ai) For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders.
Appears in 37 contracts
Samples: Existing Samples Purchase Agreement (Cord Blood America, Inc.), Agreement and Plan of Merger (Arrowhead Research Corp), Tender and Support Agreement (Cti Biopharma Corp)
Construction. (a) For purposes of this Agreement, whenever the context requires: the singular number shall terms will include the plural, and vice versa; the masculine gender shall will include the feminine and neuter genders; the feminine gender shall will include the masculine and neuter genders; and the neuter gender shall will include the masculine and feminine genders.
Appears in 32 contracts
Samples: Agreement and Plan of Merger (Elanco Animal Health Inc), Agreement and Plan of Merger (IMARA Inc.), Contingent Value Rights Agreement (OncoMed Pharmaceuticals Inc)
Construction. (a) For purposes of As used in this Agreement, whenever the context requires: masculine gender shall include the feminine and neuter, and the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine genders.
Appears in 24 contracts
Samples: Limited Liability Company Agreement (DCT Chino LLC), Limited Liability Company Agreement (DCT Chino LLC), Limited Liability Company Agreement (DCT Chino LLC)
Construction. (a) For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter neutral genders; the feminine gender shall include the masculine and neuter neutral genders; and the neuter neutral gender shall include masculine and feminine genders.
Appears in 23 contracts
Samples: Stock Purchase Agreement (FusionStorm Global, Inc.), Escrow Agreement (NeoStem, Inc.), Indemnification Escrow Agreement (Magno Efeito, S.A.)
Construction. (aA) For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders.
Appears in 19 contracts
Samples: Asset Purchase Agreement (Imageware Systems Inc), Agreement and Plan of Merger (Home Director Inc), Agreement and Plan of Merger and Reorganization (Award Software International Inc)
Construction. (a) For purposes of this Agreement, whenever the context requires: the singular number shall will include the plural, and vice versa; the masculine gender shall will include the feminine and neuter genders; the feminine gender shall will include the masculine and neuter genders; and the neuter gender shall will include masculine and feminine genders.
Appears in 18 contracts
Samples: Agreement and Plan of Merger and Reorganization (Ohr Pharmaceutical Inc), Agreement and Plan of Merger and Reorganization (Mast Therapeutics, Inc.), Agreement and Plan of Merger and Reorganization (Brain Scientific Inc.)
Construction. (aA) For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine genders.
Appears in 17 contracts
Samples: Exchange Agreement (University Healthsystem Consortium), Exchange Agreement (Neoforma Inc), Exchange Agreement (Global Healthcare Exchange, LLC)
Construction. (a) For purposes of this AgreementAs used herein, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; and the feminine neuter gender shall include the masculine and neuter genders; and feminine unless the neuter gender shall include masculine and feminine genderscontext otherwise indicates.
Appears in 15 contracts
Samples: Membership Interest Purchase Agreement (Clearway Energy, Inc.), Liability Company Agreement (NRG Yield, Inc.), Membership Interest Purchase Agreement (Clearway Energy LLC)
Construction. (a) For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine genders.
Appears in 14 contracts
Samples: Agreement and Plan of Merger (Miragen Therapeutics, Inc.), Agreement and Plan of Merger (Idera Pharmaceuticals, Inc.), Agreement and Plan of Merger (Ikena Oncology, Inc.)
Construction. (a) For purposes of this Escrow Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders.
Appears in 10 contracts
Samples: Sundance Escrow Agreement (Innerspace Corp), Interwest Escrow Agreement (Innerspace Corp), Asset Purchase Agreement (Ditech Corp)
Construction. (a) For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter neutral genders; the feminine gender shall include the masculine and neuter neutral genders; and the neuter neutral gender shall include the masculine and feminine genders.
Appears in 10 contracts
Samples: Membership Interest Purchase Agreement (Gaiam, Inc), Stock Purchase Agreement (Lindblad Expeditions Holdings, Inc.), Agreement and Plan of Merger (Compass Group Diversified Holdings LLC)
Construction. (ai) For purposes of this Agreement, whenever the context requires: (A) the singular number shall include the plural, and vice versa; (B) the masculine gender shall include the feminine and neuter genders; (C) the feminine gender shall include the masculine and neuter genders; and (D) the neuter gender shall include the masculine and feminine genders.
Appears in 10 contracts
Samples: Tender and Support Agreement (Xplore Technologies Corp), Tender and Support Agreement (Nova Merger Sub, Inc.), Agreement and Plan of Merger (Cdi Corp)
Construction. (a) For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine genders. If a term is defined as one part of speech, it shall have a corresponding meaning when used as another part of speech.
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Advanced Micro Devices Inc), Agreement and Plan of Merger (Maxim Integrated Products Inc), Agreement and Plan of Merger (Bioventus Inc.)
Construction. (a) For purposes of this Noncompetition Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders.
Appears in 9 contracts
Samples: Non Competition and Non Solicitation Agreement (Adobe Systems Inc), Non Competition and Non Solicitation Agreement (Riverbed Technology, Inc.), Non Competition and Non Solicitation Agreement (Integrated Device Technology Inc)
Construction. (a) For purposes of this Agreement, whenever the context requires: ; the singular number shall will include the plural, and vice versa; and the masculine gender shall will include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine genders.
Appears in 8 contracts
Samples: Employment Agreement (Abovenet Inc), Employment Agreement (Abovenet Inc), Employment Agreement (Abovenet Inc)
Construction. (a) For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; , and the masculine any gender shall include the feminine and neuter genders; the feminine gender shall include the feminine, masculine and neuter genders; and the neuter gender shall include masculine and feminine genders.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Anaren Inc), Agreement and Plan of Merger (Aml Communications Inc), Agreement and Plan of Merger (Aml Communications Inc)
Construction. (a) a. For purposes of this Agreement, whenever the context requires: (A) the singular number shall include the plural, and vice versa; (B) the masculine gender shall include the feminine and neuter genders; (C) the feminine gender shall include the masculine and neuter genders; and (D) the neuter gender shall include the masculine and feminine genders.
Appears in 8 contracts
Samples: Tender and Support Agreement (Flexpoint Fund Ii, L.P.), Tender and Support Agreement (JetPay Corp), Support Agreement (JFL GP Investors III, LLC)
Construction. (a) For purposes of this Agreement, including the Exhibits hereto, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders.
Appears in 7 contracts
Samples: Assignment and Assumption Agreement (Cord Blood America, Inc.), Asset Purchase Agreement (Biomarin Pharmaceutical Inc), Securities Purchase Agreement (Biomarin Pharmaceutical Inc)
Construction. (a) For purposes of this Agreement, whenever the context requires: , the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders.
Appears in 7 contracts
Samples: Separation and Release Agreement (Investview, Inc.), Executive Retirement Agreement (Tri Valley Corp), Stock Purchase and Release Agreement (Investview, Inc.)
Construction. (a) For purposes of this AgreementAgreement and the Proxy, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine genders.
Appears in 6 contracts
Samples: Support Agreement (Dover Saddlery Holdings, Inc.), Tender and Support Agreement (Genoptix Inc), Support Agreement (Dover Saddlery Holdings, Inc.)
Construction. (a) For purposes of this Agreement, whenever the context requires: , the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Radiant Logistics, Inc), Agreement and Plan of Merger (Captaris Inc), Stock Purchase Agreement (Radiant Logistics, Inc)
Construction. (a) For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders.
Appears in 6 contracts
Samples: Stock Repurchase Agreement (STG Ugp, LLC), Stock Repurchase Agreement (Onvia Inc), Stock Repurchase Agreement (Onvia Inc)
Construction. (ai) For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine any reference to gender shall include the masculine, feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine genders.
Appears in 6 contracts
Samples: Voting Agreement (Dts, Inc.), Tender and Voting Agreement (Abc-Mart, Inc.), Tender and Voting Agreement (Lacrosse Footwear Inc)
Construction. (a) For purposes of this Agreement, whenever the context requires: the singular number shall terms will include the plural, and vice versa; the masculine gender shall will include the feminine and neuter genders; the feminine gender shall will include the masculine and neuter genders; and the neuter gender shall will include masculine and feminine genders.
Appears in 5 contracts
Samples: Rights Agreement (Biomarin Pharmaceutical Inc), Arrangement Agreement (Interoil Corp), Arrangement Agreement (Interoil Corp)
Construction. (a) For purposes of this Agreement, whenever the context requires: the singular number shall include includes the plural, and vice versa; the masculine gender shall include includes the feminine and neuter genders; the feminine gender shall include includes the masculine and neuter genders; and the neuter gender shall include includes masculine and feminine genders.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Rightside Group, Ltd.), Agreement and Plan of Merger (Sprint Nextel Corp), Agreement and Plan of Merger (Onvia Inc)
Construction. (a) For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine genders, and “or” is not exclusive.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (LightBeam Electric Co), Share Purchase Agreement (LightBeam Electric Co), Share Purchase Agreement (LightBeam Electric Co)
Construction. (a) For purposes of this Agreement, whenever the context requires: the singular number terms shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine genders.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Omthera Pharmaceuticals, Inc.), Contingent Value Rights Agreement (Cellect Biotechnology Ltd.), Contingent Value Rights Agreement (Cellect Biotechnology Ltd.)
Construction. (a) 2.1 For purposes of this Agreement, whenever the context requires: the singular number shall will include the plural, and vice versa; the masculine gender shall will include the feminine and neuter genders; the feminine gender shall will include the masculine and neuter genders; and the neuter gender shall will include the masculine and feminine genders.
Appears in 5 contracts
Samples: Preferred Reseller Agreement (Netsuite Inc), Development Fund Agreement (Netsuite Inc), Distribution Agreement (Netsuite Inc)
Construction. (a) For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine genders. For purposes of this Agreement, where a word or phrase is defined in this Agreement, each of its other grammatical forms has a corresponding meaning unless the context otherwise requires.
Appears in 5 contracts
Samples: Asset Purchase Agreement (Travere Therapeutics, Inc.), Asset Purchase Agreement (Mirum Pharmaceuticals, Inc.), Agreement and Plan of Merger (CinCor Pharma, Inc.)
Construction. (a) For purposes of this Escrow Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine genders.
Appears in 5 contracts
Samples: Escrow Agreement (Quikbyte Software Inc), Escrow Agreement (Quikbyte Software Inc), Escrow Agreement (Graphon Corp/De)
Construction. (a) For purposes of this Support Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine genders.
Appears in 5 contracts
Samples: Voting and Support Agreement (Servidyne, Inc.), Support Agreement (Biotime Inc), Voting and Support Agreement (Servidyne, Inc.)
Construction. (a) For purposes of Whenever used in this Agreement, whenever Agreement as the context requires: , the singular number shall include the plural, and vice versa; the plural number shall include the singular, the masculine gender shall include the feminine and neuter genders; neuter, the feminine gender shall include the masculine and neuter genders; neuter, and the neuter gender shall include the masculine and feminine gendersfeminine.
Appears in 5 contracts
Samples: Master Services Agreement, Moran Master Services Agreement Contract, Moran Master Services Agreement Contract
Construction. (a) For purposes of Whenever the context requires, as used in this Agreement, whenever the context requires: the singular number shall include the plural, plural and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine , and neuter genders; and the neuter gender shall include masculine and feminine gendersvice versa.
Appears in 4 contracts
Samples: Company Agreement (Mortgage Assistance Center Corp), Company Agreement (Mortgage Assistance Center Corp), Company Agreement (Mortgage Assistance Center Corp)
Construction. (a) For purposes of this Agreement, whenever the context requires: , the singular number shall will include the plural, and vice versa; , the masculine gender shall will include the feminine and neuter genders; , the feminine gender shall will include the masculine and neuter genders; , and the neuter gender shall will include masculine and feminine genders.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Hardinge Inc), Asset Purchase Agreement (Astronics Corp), Asset Purchase Agreement (Alion Science & Technology Corp)
Construction. (a) For purposes of this Agreement, whenever the context requires: the any singular number term shall be deemed to include the plural, and vice versa; any plural term the singular, the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine gendersgender.
Appears in 4 contracts
Samples: Support Agreement (Vallon Pharmaceuticals, Inc.), Support Agreement (Vallon Pharmaceuticals, Inc.), Support Agreement (Seneca Biopharma, Inc.)
Construction. (a) For purposes of this Stockholder Tender Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine genders.
Appears in 4 contracts
Samples: Stockholder Tender Agreement (Cubic Corp /De/), Stockholder Tender Agreement (Summa Industries/), Agreement and Plan of Merger And (Datron Systems Inc/De)
Construction. (a) For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; , and the neuter gender shall include masculine and feminine genders.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Windtree Therapeutics Inc /De/), Agreement and Plan of Merger and Reorganization (MYnd Analytics, Inc.), Agreement and Plan of Merger And (Skinvisible Inc)
Construction. (ai) For purposes of this Agreement, whenever the context requires: , the singular number shall include the plural, and vice versa; the masculine , and any reference to gender shall include the masculine, feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine genders.
Appears in 4 contracts
Samples: Voting Agreement (Tang Capital Partners Lp), Voting Agreement (Ardea Biosciences, Inc./De), Voting Agreement (Baker Julian)
Construction. (a) For purposes of this Agreement, whenever the context requires: , the singular number shall will include the plural, and vice versa; the masculine gender shall will include the feminine and neuter genders; the feminine gender shall will include the masculine and neuter genders; and the neuter gender shall will include the masculine and feminine genders. Where a word or phrase is defined herein, each of its other grammatical forms shall have a corresponding meaning.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Logiq, Inc.), Asset Purchase Agreement (Boingo Wireless Inc), Asset Purchase Agreement (Occam Networks Inc/De)
Construction. (a) For purposes of this Agreement, whenever the context requires: (i) the singular number shall include the plural, and vice versa; (ii) the masculine gender shall include the feminine and neuter genders; (iii) the feminine gender shall include the masculine and neuter genders; and (iv) the neuter gender shall include masculine and feminine genders.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Altera Corp), Agreement and Plan of Merger (Intel Corp), Stock Purchase Agreement (CURO Group Holdings Corp.)
Construction. (a) 7.13.1 For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, plural and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders.
Appears in 3 contracts
Samples: Stock and Warrant Purchase Agreement (Sherbrooke Partners, LLC), Stock and Warrant Purchase Agreement (Mark Capital LLC), Stock and Warrant Purchase Agreement (Afem Medical Corp)
Construction. (a) For purposes of this Agreement, whenever the context requires: requires the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine genders.
Appears in 3 contracts
Samples: This Option Agreement (CKX, Inc.), Call Agreement (FX Real Estate & Entertainment Inc.), Investment and Subscription Agreement (Vital Therapies Inc)
Construction. (a) a. For purposes of this Agreement, whenever the context requires: (i) the singular number shall include the plural, and vice versa; (ii) the masculine gender shall include the feminine and neuter genders; (iii) the feminine gender shall include the masculine and neuter genders; and (iv) the neuter gender shall include the masculine and feminine genders.
Appears in 3 contracts
Samples: Share Exchange Agreement (Armada Oil, Inc.), Share Exchange Agreement (Phytomedical Technologies Inc), Share Exchange Agreement (NDB Energy, Inc.)
Construction. (a) 11.12.1. For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Viryanet LTD), Agreement and Plan of Merger (Viryanet LTD), Agreement and Plan of Merger (Ge Capital Equity Investments Inc)
Construction. (a) For purposes of this AgreementWarrant, whenever the context requires: , the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders.
Appears in 3 contracts
Samples: Separation Agreement and General Release (Tri Valley Corp), Executive Retirement Agreement (Tri Valley Corp), Tri Valley Corp
Construction. (a) a. For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Ligand Pharmaceuticals Inc), Prescription Benefit Management Services Agreement, Stock Purchase Agreement (Planet Polymer Technologies Inc)
Construction. (a) For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; versa; the masculine gender shall include the feminine and neuter genders; genders; the feminine gender shall include the masculine and neuter genders; genders; and the neuter gender shall include masculine and feminine genders.
Appears in 3 contracts
Samples: Employee Matters Agreement (Rexnord Corp), Separation and Distribution Agreement (Rexnord Corp), Real Estate Matters Agreement (Rexnord Corp)
Construction. (a) For purposes of this Agreement, whenever the context requires: , the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine genders.
Appears in 3 contracts
Samples: Voting Agreement (Sigma Designs Inc), Voting Agreement (Silicon Laboratories Inc), Agreement and Plan of Merger (Rosetta Stone Inc)
Construction. (a) For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine genders. As used in this Agreement, the words “include” and “including,” and variations thereof, shall not be deemed to be terms of limitation, but rather shall be deemed to be followed by the words “without limitation.”
Appears in 3 contracts
Samples: Voting Agreement (RW LSG Holdings LLC), Voting Agreement (Lighting Science Group Corp), Voting Agreement (Lighting Science Group Corp)
Construction. (a) For purposes of this Agreement, whenever the context requires: the singular number shall include includes the plural, and vice versa; the masculine gender shall include includes the feminine and neuter genders; the feminine gender shall include includes the masculine and neuter genders; and the neuter gender shall include includes masculine and feminine genders.
Appears in 2 contracts
Samples: Powerpay® Dealer Program Agreement, Powerpay Dealer Program Agreement
Construction. (a) 11.17.1 For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders.
Appears in 2 contracts
Samples: Service Agreement, Service Agreement
Construction. (a) 9.12.1. For purposes of this AgreementUndertaking, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine genders.
Appears in 2 contracts
Samples: SCP Private Equity Partners Ii Lp, Tecnomatix Technologies LTD
Construction. (a) For purposes of this Agreement, whenever the context requires: , the singular number shall will include the plural, and vice versa; , the masculine gender shall will include the feminine and neuter genders; , the feminine gender shall will include the masculine and neuter genders; , and the neuter gender shall will include the masculine and feminine genders.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Arlington Hospitality Inc), Assignment and Assumption Agreement (Arlington Hospitality Inc)
Construction. (a) 6.10.1 For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders.
Appears in 2 contracts
Samples: Amended and Restated Shareholders Agreement (Emeritus Corp\wa\), Option Agreement (Oclaro, Inc.)
Construction. (a) For purposes of this Agreement, whenever the context requires: the singular number shall will include the plural, and vice versa; the masculine gender shall will include the feminine and neuter genders; the feminine gender shall will include the masculine and neuter genders; and the neuter gender shall will include masculine and feminine genders.
Appears in 2 contracts
Samples: Share Exchange Agreement (GBS Inc.), Share Exchange Agreement (Biodel Inc)
Construction. (ai) For purposes of this AgreementGeneral Release, whenever the context requires: requires the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Papais Lou A), Agreement and Plan of Merger and Reorganization (La Man Corporation)
Construction. (a) For purposes of this Restrictive Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders.
Appears in 2 contracts
Samples: Restrictive Covenant Agreement (Turbochef Technologies Inc), Restrictive Covenant Agreement (Turbochef Technologies Inc)
Construction. (a) For purposes of this Agreement, whenever the context requires: (i) the singular number shall include the plural, and vice versa; (ii) the masculine gender shall include the feminine and neuter genders; (iii) the feminine gender shall include the masculine and neuter genders; and (iv) the neuter gender shall include the masculine and feminine genders. The parties hereto agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in the construction or interpretation of this Agreement.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Portola Pharmaceuticals Inc), Asset Purchase Agreement (Portola Pharmaceuticals Inc)
Construction. (a) For purposes of this AgreementWhenever required by the context, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; and the feminine neuter gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine genders.. Any rule of
Appears in 2 contracts
Samples: Asset Purchase Agreement (Website Pros Inc), Asset Purchase Agreement (Website Pros Inc)
Construction. (a) For purposes of this Holder Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders.
Appears in 2 contracts
Samples: Escrow Agreement (Graphon Corp/De), Holder Agreement (Graphon Corp/De)
Construction. (aA) For purposes of this Agreement, whenever the context requires: the singular number shall will include the plural, and vice versa; the masculine gender shall will include the feminine and neuter genders; the feminine gender shall will include the masculine and neuter genders; and the neuter gender shall will include the masculine and feminine genders.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Overland Storage Inc), Asset Purchase Agreement
Construction. (a) For purposes of this Agreement, whenever the context requires: requires the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine genders. If a term is defined as one part of speech, it shall have a corresponding meaning when used as another part of speech.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Metromile, Inc.), Agreement and Plan of Merger (Lemonade, Inc.)
Construction. (a) For purposes of this Stockholder Tender Agreement, whenever the context requires: , the singular number shall include the plural, and vice versa; , the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine genders.
Appears in 2 contracts
Samples: Stockholder Tender Agreement (Genomica Corp /De/), Stockholder Tender Agreement (Exelixis Inc)
Construction. (a) For purposes of this Agreement, whenever the context requires: the singular number shall will include the plural, and vice versa; the masculine gender shall will include the feminine and neuter genders; the feminine gender shall will include the masculine and neuter genders; and the neuter gender shall will include the masculine and feminine genders.
Appears in 2 contracts
Samples: Purchase Agreement (Exar Corp), Joint Development Agreement (New Athletics, Inc.)
Construction. (a) For all purposes of and under this Agreement, whenever unless the context requires: otherwise requires (i) the singular number shall include the plural, and vice versa; , (ii) the masculine gender shall include the feminine and neuter genders; , (iii) the feminine gender shall include the masculine and neuter genders; genders and (iv) the neuter gender shall include the masculine and feminine genders.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Celeritek Inc/Ca), Asset Purchase Agreement (Celeritek Inc/Ca)
Construction. (ai) For purposes of this Stockholder Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine genders.
Appears in 2 contracts
Samples: Stockholder Agreement (Hotjobs Com LTD), Agreement and Plan of Merger (Hotjobs Com LTD)
Construction. (a) For purposes of this Agreement, ------------ whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Cacheflow Inc), Agreement and Plan of Merger and Reorganization (Sonicwall Inc)
Construction. (a) For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, plural and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders.
Appears in 2 contracts
Samples: Investor Rights Agreement (Sherbrooke Partners, LLC), Investor Rights Agreement (Mark Capital LLC)
Construction. (a) For purposes of this Stockholder Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine genders.
Appears in 2 contracts
Samples: Stockholder Agreement (Synopsys Inc), Stockholder Agreement (Watson Pharmaceuticals Inc)
Construction. (a) For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine genders. Any singular term in this Agreement shall be deemed to include the plural, and any plural term the singular.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (J2 Global, Inc.), Agreement and Plan of Merger (Everyday Health, Inc.)
Construction. (a) Section 10.14.1 For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine genders.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Tessera Technologies Inc), Agreement and Plan of Merger (Tessera Technologies Inc)
Construction. (a) 7.11.1 For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders.
Appears in 2 contracts
Samples: Exchange Agreement (Zindart LTD), Assignment Agreement (Network 1 Security Solutions Inc)
Construction. (a) For purposes of this AgreementWhenever required by the context, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine genders.neuter
Appears in 2 contracts
Samples: Asset Purchase Agreement (Entropic Communications Inc), Escrow Agreement (Copper Mountain Networks Inc)
Construction. (a) For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine genders.masculine. EXECUTION VERSION
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Superior Consultant Holdings Corp), Agreement and Plan of Merger (Affiliated Computer Services Inc)
Construction. (a) For purposes of this Agreement, including the Exhibits hereto, whenever the context requires: requires the singular number shall include the plural, and vice versa; , the masculine gender shall include the feminine and neuter genders; , the feminine gender shall include the masculine and neuter genders; genders and the neuter gender shall include the masculine and feminine genders.
Appears in 1 contract
Construction. (a) For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders.. 109
Appears in 1 contract
Samples: Agreement and Plan of Merger (Acquicor Technology Inc)
Construction. (a) For purposes of this Agreement, whenever the context requires: (i) the singular number shall include the plural, and vice versa; (zi) the masculine gender shall include the feminine and neuter genders; (iii) the feminine gender shall include the masculine and neuter genders; and (iv) the neuter gender shall include the masculine and feminine genders.
Appears in 1 contract
Samples: Sharing and Facilities Agreement
Construction. (a) For purposes of this Agreement, including the exhibits hereto, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders.
Appears in 1 contract
Construction. (af) For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine genders.
Appears in 1 contract
Construction. (a) a. For purposes of this Termination Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine genders.
Appears in 1 contract
Samples: Termination Agreement (Sun Pharmaceutical Industries LTD)
Construction. (a) 7.11.1. For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders.
Appears in 1 contract
Construction. (a) xii. For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders.
Appears in 1 contract
Construction. (ax) For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, plural and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders.. 5 INVESTOR RIGHTS AGREEMENT
Appears in 1 contract
Construction. (a) 9.14.1 For purposes of this AgreementUndertaking, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine genders.
Appears in 1 contract
Samples: BMC Software Inc
Construction. (a) 12.6.1. For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders.
Appears in 1 contract
Samples: Escrow Agreement (Perficient Inc)
Construction. (a) For purposes of this the Xxxxxxxxx Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders.
Appears in 1 contract
Construction. (ai) For purposes of this Stockholders Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine genders.
Appears in 1 contract
Construction. (a) For purposes of this Agreement, whenever the context requires: (i) the singular number shall include the plural, and vice versa; (ii) the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and (iii) the neuter gender shall include the masculine and feminine genders.; and (iv) “
Appears in 1 contract
Samples: License Agreement (Comscore, Inc.)
Construction. (a) For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders.
Appears in 1 contract
Samples: Asset Purchase Agreement (Discovery Partners International Inc)
Construction. (a) a. For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter neutral genders; the feminine gender shall include the masculine and neuter neutral genders; and the neuter neutral gender shall include masculine and feminine genders.
Appears in 1 contract
Samples: Escrow Agreement (Imation Corp)
Construction. (a) For purposes of this Affiliate Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine genders.
Appears in 1 contract
Construction. (aj) For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders.
Appears in 1 contract
Samples: Agreement and Plan of Merger (IntraLinks Holdings, Inc.)
Construction. (a) For purposes of this Agreement, whenever Whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include masculine and feminine genders.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Smart & Final Stores, Inc.)
Construction. (a) For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders.. AGREEMENT AND PLAN OF MERGER AND REORGANIZATION - 38
Appears in 1 contract
Construction. (aA) For purposes of this Agreement, including the Exhibits hereto, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders.
Appears in 1 contract
