Common use of Descriptive Headings; Interpretation Clause in Contracts

Descriptive Headings; Interpretation. The headings and captions used in this Agreement and the table of contents to this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Any capitalized terms used in any Schedule or Exhibit attached hereto and not otherwise defined therein shall have the meanings set forth in this Agreement. The use of the word “including” herein shall mean “including without limitation.”

Appears in 7 contracts

Samples: Stock Purchase Agreement (American Dental Partners Inc), Stock Purchase Agreement (OVERSTOCK.COM, Inc), Asset Purchase Agreement (Remington Arms Co Inc/)

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Descriptive Headings; Interpretation. The headings and captions used in this Agreement and the table of contents to this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Any capitalized terms used in any Schedule or Exhibit attached hereto and not otherwise defined therein shall have the meanings set forth in this Agreement. The use of the word "including" herein shall mean "including without limitation."

Appears in 6 contracts

Samples: Asset Purchase Agreement (Lower Road Associates LLC), Marketing and Facilitation Agreement (Pro Fac Cooperative Inc), Marketing and Facilitation Agreement (Agrilink Foods Inc)

Descriptive Headings; Interpretation. The headings and captions used in this Agreement and the table of contents to this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Any capitalized terms used in any Schedule or Exhibit attached hereto A and not otherwise defined therein shall have the meanings set forth in this Agreement. The use of the word “including” herein shall mean “including without limitation”. The Parties intend that each representation, warranty and covenant contained herein shall have independent significance.

Appears in 5 contracts

Samples: Exchange Agreement (Green Plains Inc.), Exchange and Purchase Agreement (Clovis Oncology, Inc.), Exchange Agreement (Green Plains Inc.)

Descriptive Headings; Interpretation. The headings and captions used in this Agreement and the table of contents to this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Any capitalized terms used in any Schedule or Exhibit attached hereto and not otherwise defined therein shall have the meanings set forth in this Agreement. The use of the word “including” herein shall mean “including without limitation.”

Appears in 4 contracts

Samples: Asset Purchase Agreement (Chefs' Warehouse, Inc.), Asset Purchase Agreement (Chefs' Warehouse, Inc.), Stock Purchase Agreement (Chefs' Warehouse, Inc.)

Descriptive Headings; Interpretation. The headings and captions ------------------------------------ used in this Agreement and the table of contents to this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Any capitalized terms used in any Schedule or Exhibit attached hereto and not otherwise defined therein shall have the meanings set forth in this Agreement. The use of the word "including" herein shall mean "including without limitation."

Appears in 2 contracts

Samples: Recapitalization Agreement (Pen Tab Industries Inc), Agreement and Plan of Merger (Multex Com Inc)

Descriptive Headings; Interpretation. The headings and captions used in this Agreement and the table of contents to this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Any capitalized terms used in any Schedule or Exhibit attached hereto and not otherwise defined therein shall have the meanings set forth in this Agreement. The use of the word "including" herein shall mean "including without limitation".

Appears in 2 contracts

Samples: Share Purchase Agreement (Gerber Childrenswear Inc), Stock Purchase Agreement (Gerber Childrenswear Inc)

Descriptive Headings; Interpretation. The headings and captions used in this Agreement Agreement, Annex A attached hereto and the table of contents to this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Any capitalized terms used in any Schedule or Exhibit Annex A attached hereto and not otherwise defined therein shall have the meanings set forth in this Agreement. The use of the word "including" herein shall mean "including without limitation."

Appears in 2 contracts

Samples: Transitional Services Agreement (Agrilink Foods Inc), Transitional Services Agreement (Pro Fac Cooperative Inc)

Descriptive Headings; Interpretation. The headings and captions used in this Agreement and the table of contents to this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Any capitalized terms used in any Schedule or Exhibit attached hereto and not otherwise defined therein shall have the meanings set forth in this Agreement. The use of the word “including” herein shall mean “including without limitation.” The Parties intend that each representation, warranty and covenant contained herein shall have independent significance.

Appears in 1 contract

Samples: Exchange Agreement (American Superconductor Corp /De/)

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Descriptive Headings; Interpretation. The headings and captions used in this Agreement and the table of contents to this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Any capitalized terms used in any Schedule or Exhibit attached hereto and not otherwise defined therein shall have the meanings set forth in this Agreement. The use of the word “including” herein shall mean “including without limitation.” The Parties intend that each representation, warranty and covenant contained herein shall have independent significance.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Manitex International, Inc.)

Descriptive Headings; Interpretation. The headings and captions used in this Agreement and the table of contents to this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Any capitalized terms used in any Schedule or Exhibit attached hereto and not otherwise defined therein shall have the meanings set forth in this Agreement. The use of Whenever the word words “include,” “includes” or “including” herein shall mean (or similar terms) are used in this Agreement, they are deemed to be followed by the words including without limitation.”

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Atmi Inc)

Descriptive Headings; Interpretation. The headings and captions used in this Agreement and the table of contents to this Agreement are for reference purposes only and shall not affect affect, in any way way, the meaning or interpretation of this Agreement. Any capitalized terms used in any Schedule or Exhibit attached hereto and not otherwise defined therein shall have the meanings set forth in this Agreement. The use of the word “including” herein shall mean “including without limitation.”

Appears in 1 contract

Samples: Securities Purchase Agreement (Fuse Medical, Inc.)

Descriptive Headings; Interpretation. The headings and captions used in this Agreement and the table of contents any Exhibits or Schedules to this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Any capitalized terms used in any Schedule or Exhibit attached hereto and not otherwise defined therein shall have the meanings set forth in this Agreement. The use of the word “including” herein shall mean “including without limitation.”

Appears in 1 contract

Samples: Asset Purchase Agreement (Tarsier Ltd.)

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