Common use of General Interpretative Principles Clause in Contracts

General Interpretative Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: (a) the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender; (b) any reference in this Agreement to this Agreement or any other agreement, document, or instrument shall be a reference to this Agreement or any other such agreement, document, or instrument as the same has been amended, modified, or supplemented in accordance with the terms hereof and thereof (as applicable); (c) accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles; (d) references herein to “Articles,” “Sections,” “Subsections,” “Paragraphs, ” and other subdivisions without reference to a document are to designated articles, sections, subsections, paragraphs and other subdivisions of this Agreement, unless the context shall otherwise require; (e) a reference to a subsection without further reference to a section is a reference to such subsection as contained in the same section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions; (f) a reference to a “day” shall be a reference to a calendar day; (g) the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and (h) the terms “include” and “including” shall mean without limitation by reason of enumeration.

General Interpretative Principles. For purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: : (a) the 1)the terms defined in this Agreement have the meanings assigned to them in this Agreement and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender; ; (b) any reference in this Agreement to this Agreement or any other agreement, document, or instrument shall be a reference to this Agreement or any other such agreement, document, or instrument as the same has been amended, modified, or supplemented in accordance with the terms hereof and thereof (as applicable); (c) accounting 2)accounting terms not otherwise defined herein have the meanings assigned to them in accordance with generally accepted accounting principles; ; (d) references 3)references herein to “Articles,” ”, “Sections,” ”, “Subsections,” ”, “Paragraphs”, ” and other subdivisions without reference to a document are to designated articlesArticles, sectionsSections, subsectionsSubsections, paragraphs Paragraphs and other subdivisions of this Agreement, unless the context shall otherwise require; ; (e) a 4)a reference to a subsection Subsection without further reference to a section Section is a reference to such subsection Subsection as contained in the same section Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions; ; (f) a reference to a “day” shall be a reference to a calendar day; (g) the 5)the words “herein,” ”, “hereof,” ”, “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular provision; and (h) the terms 6)the term “include” and or “including” shall mean without limitation by reason of enumeration.; (7)all times specified herein or in any other Loan Document (unless expressly specified otherwise) are local times in New York, New York unless otherwise stated; (8)all references herein or in any Loan Document to “good faith” means good faith as defined in Section 1-201(19) of the Uniform Commercial Code as in effect in the State of New York; (9)any Default or Event of Default shall be deemed to not be continuing once waived by Bank; and (10)any determination made by Bank or Borrower pursuant to this Agreement, whether in such Person’s sole discretion or otherwise, shall be made in good faith. [Remainder of page intentionally blank; signatures on next page] -47-