Common use of Descriptive Headings, Etc Clause in Contracts

Descriptive Headings, Etc. The headings in this Agreement are for convenience of reference only and shall not limit or otherwise affect the meaning of terms contained herein. Unless the context of this Agreement otherwise requires: (1) words of any gender shall be deemed to include each other gender; (2) words using the singular or plural number shall also include the plural or singular number, respectively; (3) the words "hereof", "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and paragraph references are to the Sections and paragraphs of this Agreement unless otherwise specified; (4) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless otherwise specified; (5) "or" is not exclusive; and (6) provisions apply to successive events and transactions.

Appears in 21 contracts

Samples: Stock Purchase Agreement (Miller Douglas H), Registration Rights Agreement (Exco Resources Inc), Registration Rights Agreement (Exco Resources Inc)

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Descriptive Headings, Etc. The headings in this Agreement are for convenience of reference only and shall not limit or otherwise affect the meaning of terms contained herein. Unless the context of this Agreement otherwise requires: (1i) words of any gender shall be deemed to include each other gender; (2ii) words using the singular or plural number shall also include the plural or singular number, respectively; (3iii) the words "hereof", ",” “herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and paragraph references are to the Sections and paragraphs of this Agreement unless otherwise specified; (4iv) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless otherwise specified; (5v) "or" is not exclusive; and (6vi) provisions apply to successive events and transactions.

Appears in 17 contracts

Samples: Restricted Stock Unit Award Agreement (Albertsons Companies, Inc.), Restricted Stock Unit Award Agreement (Albertsons Companies, Inc.), Restricted Stock Unit Award Agreement (Albertsons Companies, Inc.)

Descriptive Headings, Etc. The headings in this Agreement are for convenience of reference only and shall not limit or otherwise affect the meaning of terms contained herein. Unless the context of this Agreement otherwise requires: (1) words of any gender shall be deemed to include each other gender; (2) words using the singular or plural number shall also include the plural or singular number, respectively; (3) the words "hereof", "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Article, Section and paragraph references are to the Articles, Sections and paragraphs of to this Agreement unless otherwise specified; (4) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless otherwise specified; (5) "or" is not exclusive; and (6) provisions apply to successive events and transactions.

Appears in 10 contracts

Samples: Registration Rights Agreement (AMCI Acquisition LLC), Registration Rights Agreement (Nalco Holding CO), Registration Rights Agreement (Foundation Coal Holdings, Inc.)

Descriptive Headings, Etc. The headings in this Agreement are for convenience of reference only and shall not limit or otherwise affect the meaning of terms contained herein. Unless the context of this Agreement otherwise requires: (1) words of any gender shall be deemed to include each other gender; (2) words using the singular or plural number shall also include the plural or singular number, respectively; (3) the words "hereof", "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and paragraph references are to the Sections and paragraphs of this Agreement unless otherwise specified; (4) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless otherwise specified; (5) "or" is not exclusive; and (6) provisions apply to successive events and transactions.

Appears in 10 contracts

Samples: Registration Rights Agreement, Registration Rights Agreement (Exco Resources Inc), Registration Rights Agreement (Exco Resources Inc)

Descriptive Headings, Etc. The headings in this Agreement are for convenience of reference only and shall not limit or otherwise affect the meaning of terms contained herein. Unless the context of this Agreement otherwise requires: (1) words of any gender shall be deemed to include each other gender; (2) words using the singular or plural number shall also include the plural or singular number, respectively; (3) the words "hereof"', "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and paragraph references are to the Sections and paragraphs of this Agreement unless otherwise specified; (4) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless otherwise specified; (5) "or" is not exclusive; and (6) provisions apply to successive events and transactions.

Appears in 10 contracts

Samples: Registration Rights Agreement (Invemed Catalyst Fund Lp), Registration Rights Agreement (Ambassadors Group Inc), Registration Rights Agreement (Key3media Group Inc)

Descriptive Headings, Etc. The headings in this Agreement are for convenience of reference only and shall not limit or otherwise affect the meaning of terms contained herein. Unless the context of this Agreement otherwise requires: (1i) words of any gender shall be deemed to include each other gender; (2ii) words using the singular or plural number shall also include the plural or singular number, respectively; (3iii) the words "hereof", "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and paragraph references are to the Sections and paragraphs of this Agreement unless otherwise specified; (4iv) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless otherwise specified; (5v) "or" is not exclusive; and (6vi) provisions apply to successive events and transactions.

Appears in 10 contracts

Samples: Warrant Issuance Agreement (Builders FirstSource, Inc.), Registration Rights Agreement (Anesiva, Inc.), Executive Purchase Agreement (BlueLinx Holdings Inc.)

Descriptive Headings, Etc. The headings in this Agreement are for convenience of reference only and shall not limit or otherwise affect the meaning of terms contained herein. Unless the context of this Agreement otherwise requires: (1i) words of any gender shall be deemed to include each other gender; (2ii) words using the singular or plural number shall also include the plural or singular number, respectively; (3iii) the words "hereof", ," "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and paragraph references are to the Sections and paragraphs of this Agreement unless otherwise specified; (4iv) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless otherwise specified; (5v) "or" is not exclusive; and (6vi) provisions apply to successive events and transactions.

Appears in 8 contracts

Samples: Restricted Stock Unit Award Agreement (Albertsons Companies, Inc.), Award Agreement (Delta Tucker Holdings, Inc.), Award Agreement (Delta Tucker Holdings, Inc.)

Descriptive Headings, Etc. The headings in this Agreement are for convenience of reference only and shall not limit or otherwise affect the meaning of terms contained herein. Unless the context of this Agreement otherwise requires: (1) words of any gender shall be deemed to include each other gender; (2) words using the singular or plural number shall also include the plural or singular number, respectively; (3) the words "hereof", "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section Article, Section, paragraph and paragraph clause references are to the Sections Articles, Sections, paragraphs and paragraphs of clauses to this Agreement unless otherwise specified; (4) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless otherwise specified; (5) "or" is not exclusive; and (6) provisions apply to successive events and transactions.

Appears in 7 contracts

Samples: Registration Rights Agreement (Chase Equity Associates L P), Registration Rights Agreement (Bonnybrook Trust), Registration Rights Agreement (CMS Co-Investment Subpartnership)

Descriptive Headings, Etc. The headings in this Agreement are for convenience of reference only and shall not limit or otherwise affect the meaning of terms contained herein. Unless the context of this Agreement otherwise requires: (1) words of any gender shall be deemed to include each other gender; (2) words using the singular or plural number shall also include the plural or singular number, respectively; (3) the words "hereof", "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Article, Section and paragraph references are to the Articles, Sections and paragraphs of to this Agreement unless otherwise specified; (4) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless otherwise specified; (5) "or" is not exclusive; and (6) provisions apply to successive events and transactions.

Appears in 5 contracts

Samples: Registration Rights Agreement (TAMINCO ACQUISITION Corp), Registration Rights Agreement (New Skies Satellites Holdings Ltd.), Registration Rights Agreement (Verso Paper Corp.)

Descriptive Headings, Etc. The headings in this Agreement are for convenience of reference only and shall not limit or otherwise affect the meaning of terms contained herein. Unless the context of this Agreement otherwise requires: (1a) words of any gender shall be deemed to include each other gender; (2b) words using the singular or plural number shall also include the plural or singular number, respectively; (3c) the words "hereof", "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and paragraph references are to the Sections and paragraphs of this Agreement unless otherwise specified; (4d) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless otherwise specified; (5e) "or" is not exclusive; and (6f) provisions apply to successive events and transactions.

Appears in 4 contracts

Samples: Investors Rights Agreement (Clean Harbors Inc), Warrant Agreement (Hayes Lemmerz International Inc), Registration Rights Agreement (Icg Communications Inc /De/)

Descriptive Headings, Etc. The headings in this Agreement are for convenience of reference only and shall not limit or otherwise affect the meaning of terms contained herein. Unless the context of this Agreement otherwise requires: (1) words of any gender shall be deemed to include each other gender; (2) words using the singular or plural number shall also include the plural or singular number, respectively; (3) the words "hereof", ",” “herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Article, Section and paragraph references are to the Articles, Sections and paragraphs of this Agreement unless otherwise specified; (4) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless otherwise specified; (5) "or" is not exclusive; and (6) provisions apply to successive events and transactions.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Stifel Financial Corp), Agreement and Plan of Merger (Bankatlantic Bancorp Inc), Registration Rights Agreement (Stifel Financial Corp)

Descriptive Headings, Etc. The headings in this Agreement are for convenience of reference only and shall not limit or otherwise affect the meaning of terms contained herein. Unless the context of this Agreement otherwise requires: (1a) words of any gender shall be deemed to include each other gender; (2b) words using the singular or plural number shall also include the plural or singular number, respectively; (3c) the words "hereof", "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and paragraph references are to the Sections and paragraphs of this Agreement unless otherwise specified; (4d) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless otherwise specified; (5e) "or" is not exclusive; and (6f) provisions apply to successive events and transactions.

Appears in 3 contracts

Samples: Registration Rights Agreement (Greenbacker Renewable Energy Co LLC), Warrant Agreement (Ap Wheels LLC), Securities Purchase Agreement (Mitek Systems Inc)

Descriptive Headings, Etc. The headings in this Agreement are for convenience of reference only and shall not limit or otherwise affect the meaning of terms contained herein. Unless the context of this Agreement otherwise requires: (1i) words of any gender shall be deemed to include each other gender; (2ii) words using the singular or plural number shall also include the plural or singular number, respectively; (3iii) the words "hereof", "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and paragraph references are to the Sections and paragraphs of this Agreement unless otherwise specified; (4iv) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless otherwise specified; (5v) "or" is not exclusive; exclusive and (6vi) provisions apply to successive events and transactions.

Appears in 2 contracts

Samples: Registration Rights Agreement (Dynaresource Inc), Registration Rights Agreement (Dynaresource Inc)

Descriptive Headings, Etc. The headings in this Agreement are for ------------------------- convenience of reference only and shall not limit or otherwise affect the meaning of terms contained herein. Unless the context of this Agreement otherwise requires: (1) words of any gender shall be deemed to include each other gender; (2) words using the singular or plural number shall also include the plural or singular number, respectively; (3) the words "hereof"', "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and paragraph references are to the Sections and paragraphs of this Agreement unless otherwise specified; (4) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless otherwise specified; (5) "or" is not exclusive; and (6) provisions apply to successive events and transactions.

Appears in 2 contracts

Samples: Registration Rights Agreement (World Wrestling Federation Entertainment Inc), Registration Rights Agreement (World Wrestling Federation Entertainment Inc)

Descriptive Headings, Etc. The headings in this Agreement are for ------------------------- convenience of reference only and shall not limit or otherwise affect the meaning of terms contained herein. Unless the context of this Agreement otherwise requires: (1) words of any gender shall be deemed to include each other gender; (2) words using the singular or plural number shall also include the plural or singular number, respectively; (3) the words "hereof", "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section Article, Section, paragraph and paragraph clause references are to the Sections Articles, Sections, paragraphs and paragraphs of clauses to this Agreement unless otherwise specified; (4) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless otherwise specified; (5) "or" is not exclusive; and (6) provisions apply to successive events and transactions.

Appears in 2 contracts

Samples: Registration Rights Agreement (Guayacan Private Equity Fund Lp), Registration Rights Agreement (Wyndham International Inc)

Descriptive Headings, Etc. The headings in this Agreement are for convenience of reference only and shall not limit or otherwise affect the meaning of terms contained herein. Unless the context of this Agreement otherwise requires: (1) words of any gender shall be deemed to include each other gender; (2) words using the singular or plural number shall also include the plural or singular number, respectively; (3) the words "hereof", "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Article, Section and paragraph references are to the Articles, Sections and paragraphs of this Agreement unless otherwise specified; (4) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless otherwise specified; (5) "or" is not exclusive; and (6) provisions apply to successive events and transactions.

Appears in 2 contracts

Samples: Warrant Agreement (Pulse Electronics Corp), Warrant Agreement (Atp Oil & Gas Corp)

Descriptive Headings, Etc. The headings in this Agreement are for convenience of reference only and shall not limit or otherwise affect the meaning of terms contained herein. Unless the context of this Agreement otherwise requires: (1) words of any gender shall be deemed to include each other gender; (2) words using the singular or plural number shall also include the plural or singular number, respectively; (3) the words "hereof", ",” “herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Article, Section and paragraph references are to the Articles, Sections and paragraphs of to this Agreement unless otherwise specified; (4) the word "including" and words of similar import when used in this Agreement shall mean "means “including, without limitation," unless otherwise specified; (5) "or" is not exclusive; and (6) provisions apply to successive events and transactions.

Appears in 2 contracts

Samples: Registration Rights Agreement (BlackRock Inc.), Registration Rights Agreement (New BlackRock, Inc.)

Descriptive Headings, Etc. The headings in this Agreement are for convenience of reference only and shall not limit or otherwise affect the meaning of terms contained herein. Unless the context of this Agreement otherwise requires: (1) words of any gender shall be deemed to include each other gender; (2) words using the singular or plural number shall also include the plural or singular number, respectively; (3) the words "hereof", ," "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Article, Section and paragraph references are to the Articles, Sections and paragraphs of to this Agreement unless otherwise specified; (4) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless otherwise specified; (5) "or" is not exclusive; and (6) provisions apply to successive events and transactions.

Appears in 2 contracts

Samples: The Agreement (Tekinsight Com Inc), Registration Rights Agreement (Tekinsight Com Inc)

Descriptive Headings, Etc. The headings in this Agreement are for convenience of reference only and shall not limit or otherwise affect the meaning of terms contained herein. Unless the context of this Agreement otherwise requires: (1) words of any gender shall be deemed to include each other gender; (2) words using the singular or plural number shall also include the plural or singular number, respectively; (3) the words "hereof", "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and paragraph references are to the Sections and paragraphs of this Agreement unless otherwise specified; (4) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless otherwise specified; (5) "or" is not exclusive; and (6) provisions apply to successive events and transactions.

Appears in 1 contract

Samples: Registration Rights Agreement (Hudson Holding Corp)

Descriptive Headings, Etc. The headings in this ------------------------- Agreement are for convenience of reference only and shall not limit or otherwise affect the meaning of terms contained herein. Unless the context of this Agreement otherwise requires: (1) words of any gender shall be deemed to include each other gender; (2) words using the singular or plural number shall also include the plural or singular number, respectively; (3) the words "hereof", ," "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Article, Section and paragraph references are to the Articles, Sections and paragraphs of to this Agreement unless otherwise specified; (4) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless otherwise specified; (5) "or" is not exclusive; and (6) provisions apply to successive events and transactions.

Appears in 1 contract

Samples: Registration Rights Agreement (Digitas Inc)

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Descriptive Headings, Etc. The headings in this Agreement are for convenience of reference only and shall not limit or otherwise affect the meaning of terms contained herein. Unless the context of this Agreement otherwise requires: (1) words of any gender shall be deemed to include each other gender; (2) words using the singular or plural number shall also include the plural or singular number, respectively; (3) the words "hereof", ",” “herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and paragraph references are to the Sections and paragraphs of this Agreement unless otherwise specified; (4) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless otherwise specified; (5) "or" is not exclusive; and (6) provisions apply to successive events and transactions.

Appears in 1 contract

Samples: Stock Purchase Agreement (Joe's Jeans Inc.)

Descriptive Headings, Etc. The headings in this Agreement are ------------------------- for convenience of reference only and shall not limit or otherwise affect the meaning of terms contained herein. Unless the context of this Agreement otherwise requires: (1) words of any gender shall be deemed to include each other gender; (2) words using the singular or plural number shall also include the plural or singular number, respectively; (3) the words "hereof", "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Article, Section and paragraph references are to the Articles, Sections and paragraphs of to this Agreement unless otherwise specified; (4) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless otherwise specified; (5) "or" is -- not exclusive; and (6) provisions apply to successive events and transactions.

Appears in 1 contract

Samples: Registration Rights Agreement (Ingenico S A)

Descriptive Headings, Etc. The headings in this Agreement are for convenience of reference only and shall not limit or otherwise affect the meaning of terms contained herein. Unless the context of this Agreement otherwise requires: (1) words of any gender shall be deemed to include each other gender; (2) words using the singular or plural number shall also include the plural or singular number, respectively; (3) the words "hereof", ",” “herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and paragraph references are to the Sections and paragraphs of this Agreement unless otherwise specified; (4) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless otherwise specified; (5) "or" is not exclusive; and (6) provisions apply to successive events and transactions.

Appears in 1 contract

Samples: Registration Rights Agreement (Walt Disney Co/)

Descriptive Headings, Etc. The headings in this Agreement are for ------------------------- convenience of reference only and shall not limit or otherwise affect the meaning of terms contained herein. Unless the context of this Agreement otherwise requires: (1) words of any gender shall be deemed to include each other gender; (2) words using the singular or plural number shall also include the plural or singular number, respectively; (3) the words "hereof", ," "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Article, Section and paragraph references are to the Articles, Sections and paragraphs of to this Agreement unless otherwise specified; (4) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless otherwise specified; (5) "or" is not exclusive; and (6) provisions apply to successive events and transactions.

Appears in 1 contract

Samples: Registration Rights Agreement (Blackrock Inc /Ny)

Descriptive Headings, Etc. The headings in this Agreement are for convenience of reference only and shall not limit or otherwise affect the meaning of terms contained herein. Unless the context of this Agreement otherwise requires: (1i) words of any gender shall be deemed to include each other gender; (2ii) words using the singular or plural number shall also include the plural or singular number, respectively; (3iii) the words "hereof", "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and paragraph references are to the Sections and paragraphs of this Agreement unless otherwise specified; (4iv) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless otherwise specified; (5v) "or" is not exclusive; and (6vi) provisions apply to successive events and transactions.

Appears in 1 contract

Samples: Registration Rights Agreement (BlueLinx Holdings Inc.)

Descriptive Headings, Etc. The headings in this Agreement are for ------------------------- convenience of reference only and shall not limit or otherwise affect the meaning of terms contained herein. Unless the context of this Agreement otherwise requires: (1) words of any gender shall be deemed to include each other gender; (2) words using the singular or plural number shall also include the plural or singular number, respectively; (3) the words "hereof", "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Article, Section and paragraph references are to the Articles, Sections and paragraphs of to this Agreement unless otherwise specified; (4) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless otherwise specified; (5) "or" is -- not exclusive; and (6) provisions apply to successive events and transactions.

Appears in 1 contract

Samples: Registration Rights Agreement (Ivi Checkmate Corp)

Descriptive Headings, Etc. The headings in this Agreement are for convenience of reference only and shall not limit or otherwise affect the meaning of terms contained herein. Unless the context of this Agreement otherwise requires: (1i) words of any either gender shall be deemed to include each the other gender; (2ii) words using the singular or plural number shall also include the plural or singular number, respectively; (3iii) the words "hereof", "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and paragraph references are to the Sections and paragraphs of this Agreement unless otherwise specified; (4iv) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless otherwise specified; and (5v) "or" is not exclusive; and (6) provisions apply to successive events and transactions.

Appears in 1 contract

Samples: Exchange Agreement (Phibro Animal Health Corp)

Descriptive Headings, Etc. The headings in this Agreement are for convenience conveyance of reference only and shall not limit or otherwise affect the meaning of terms contained herein. Unless the context of this Agreement otherwise requires: (1) words of any gender shall be deemed to include each other gender; (2) words using the singular or plural number shall also include the plural or singular number, respectively; (3) the words "hereof", "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and paragraph references are to the Sections and paragraphs of this Agreement unless otherwise specified; (4) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless otherwise specified; (5) "or" is not exclusive; and (6) provisions apply to successive events and transactions.

Appears in 1 contract

Samples: Registration Rights Agreement (American Skiing Co /Me)

Descriptive Headings, Etc. The headings in this Agreement are for convenience of reference only and shall not limit or otherwise affect the meaning of terms contained herein. Unless the context of this Agreement otherwise requires: (1i) words of any gender shall be deemed to include each other gender; (2ii) words using the singular or plural number shall also include the plural or singular number, respectively; (3iii) the words "hereof", "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and paragraph references are to the Sections and paragraphs of this Agreement unless otherwise specified; (4iv) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless otherwise specified; (5v) "or" is not exclusive; and (6vi) provisions apply to successive events and transactions.

Appears in 1 contract

Samples: Warrantholder Rights Agreement (Monaco Coach Corp /De/)

Descriptive Headings, Etc. The headings in this Agreement are for -------------------------- convenience of reference only and shall not limit or otherwise affect the meaning of terms contained herein. Unless the context of this Agreement otherwise requires: (1) words of any gender shall be deemed to include each other gender; (2) words using the singular or plural number shall also include the plural or singular number, respectively; (3) the words "hereof", "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and paragraph references are to the Sections and paragraphs of this Agreement unless otherwise specified; (4) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless otherwise specified; (5) "or" is not exclusive; and (6) provisions apply to successive events and transactions.

Appears in 1 contract

Samples: Registration Rights Agreement (Polyphase Corp)

Descriptive Headings, Etc. The headings in this Agreement are for convenience of reference only and shall not limit or otherwise affect the meaning of terms contained herein. Unless the context of this Agreement otherwise requires: (1) words of any gender shall be deemed to include each other gender; (2) words using the singular or plural number shall also include the plural or singular number, respectively; (3) the words "hereof"', "herein" and "hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and paragraph references are to the Sections and paragraphs of this Agreement unless otherwise specified; (4) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless otherwise specified; (5) "or" is not exclusive; and (6) provisions apply to successive events and transactions.mean

Appears in 1 contract

Samples: Stock Purchase Agreement (Invemed Catalyst Fund Lp)

Descriptive Headings, Etc. The headings in this Agreement are for convenience of reference only and shall not limit or otherwise affect the meaning of terms contained herein. Unless the context of this Agreement otherwise requires: (1i) words of any gender shall be deemed to include each other gender; (2ii) words using the singular or plural number shall also include the plural or singular number, respectively; (3iii) the words "hereof", words"hereof" "herein" and "hereunderand"hereunder" and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement, and Section and paragraph references are to the Sections and paragraphs of this Agreement unless otherwise specified; (4iv) the word "including" and words of similar import when used in this Agreement shall mean "including, without limitation," unless otherwise specified; (5v) "or" is not exclusive; and (6vi) provisions apply to successive events and transactions.

Appears in 1 contract

Samples: Restricted Stock Unit Award Agreement (Albertsons Companies, Inc.)

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