Headings; Interpretation. In this Agreement, (a) the meaning of defined terms shall be equally applicable to both the singular and plural forms of the terms defined, (b) the captions and headings are used only for convenience and are not to be considered in construing or interpreting this Agreement and (c) the words “including,” “includes” and “include” shall be deemed to be followed by the words “without limitation.” All references in this Agreement to sections, paragraphs, exhibits and schedules shall, unless otherwise provided, refer to sections and paragraphs hereof and exhibits and schedules attached hereto, all of which exhibits and schedules are incorporated herein by this reference.
Appears in 20 contracts
Sources: Common Stock Purchase Agreement (Beta Bionics, Inc.), Common Stock Purchase Agreement (Alumis Inc.), Class a Ordinary Shares Purchase Agreement (Sportradar Group AG)
Headings; Interpretation. In this AgreementNote, (ai) the meaning of defined terms shall be equally applicable to both the singular and plural forms of the terms defined, ; (bii) the captions and headings are used only for convenience and are not to be considered in construing or interpreting this Agreement Note and (ciii) the words “including,” “includes” and “include” shall be deemed to be followed by the words “without limitation.” ”. All references in this Agreement Note to sections, paragraphs, exhibits and schedules shall, unless otherwise provided, refer to sections and paragraphs hereof and exhibits and schedules attached hereto, all of which exhibits and schedules are incorporated herein by this reference.
Appears in 10 contracts
Sources: Note Purchase Agreement (BioDrain Medical, Inc.), Note Purchase Agreement (BioDrain Medical, Inc.), Note Purchase Agreement (BioDrain Medical, Inc.)
Headings; Interpretation. In this Agreement, (ai) the meaning of defined terms shall be equally applicable to both the singular and plural forms of the terms defined, ; (bii) the captions and headings are used only for convenience and are not to be considered in construing or interpreting this Agreement and (ciii) the words “including,” “includes” and “include” shall be deemed to be followed by the words “without limitation.” ”. All references in this Agreement to sections, paragraphs, exhibits and schedules shall, unless otherwise provided, refer to sections and paragraphs hereof and exhibits and schedules attached hereto, all of which exhibits and schedules are incorporated herein by this reference.
Appears in 10 contracts
Sources: Subordinated Convertible Promissory Note and Warrant Purchase Agreement, Subordinated Convertible Note Purchase Agreement, Note Purchase Agreement (Reviva Pharmaceuticals Holdings, Inc.)
Headings; Interpretation. In this Agreement, (ai) the meaning of defined terms shall be equally applicable to both the singular and plural forms of the terms defined, (bii) the captions and headings are used only for convenience and are not to be considered in construing or interpreting this Agreement Agreement, and (ciii) the words “including,” “includes” and “include” shall be deemed to be followed by the words “without limitation.” All references in this Agreement to sections, paragraphs, exhibits “Sections” and schedules “Exhibits” shall, unless otherwise provided, refer to sections and paragraphs hereof and schedules and exhibits and schedules attached hereto, all of which schedules and exhibits and schedules are incorporated herein by this reference.
Appears in 4 contracts
Sources: Term Loan Exchange Agreement (Cumulus Media Inc), Loan Exchange & Release Agreement (ScanTech AI Systems Inc.), Exchange Agreement (Corre Horizon Fund, Lp)
Headings; Interpretation. The headings and captions used in this Agreement are used only for convenience and are not to be considered in construing or interpreting this Agreement. In this Agreement, (a) the meaning of defined terms shall be equally applicable to both the singular and plural forms of the terms defined, ; (b) the captions and headings are used only for convenience and are not to be considered in construing or interpreting this Agreement and (c) unless otherwise expressly indicated in any particular instance, the words “including,” “includes” and “include” shall be deemed to be followed by the words “without limitation.” ”. All references in this Agreement to sections, paragraphs, exhibits and schedules shall, unless otherwise provided, refer to sections and paragraphs hereof and exhibits and schedules attached hereto, all of which exhibits and schedules are incorporated herein by this reference.
Appears in 4 contracts
Sources: Merger Agreement (Quantum Computing Inc.), Note Purchase Agreement (Aduro Biotech, Inc.), Note Purchase Agreement (Movano Inc.)
Headings; Interpretation. Headings in this Agreement are for convenience of reference only and shall not be considered in construing this Agreement. In this Agreement, (a) the meaning of defined terms shall be equally applicable to both the singular and plural forms of the terms defined, (b) the captions and headings are used only for convenience and are not to be considered in construing or interpreting this Agreement and (c) the words “including,” “includes” and “include” shall be deemed to be followed by the words “without limitation.” All references in this Agreement to sections, paragraphs, exhibits and schedules shall, unless otherwise provided, refer to sections and paragraphs hereof and exhibits and schedules attached hereto, all of which exhibits and schedules are incorporated herein by this reference.
Appears in 3 contracts
Sources: Ordinary Share Purchase Agreement (Stealth BioTherapeutics Corp), Ordinary Share Purchase Agreement (Stealth BioTherapeutics Corp), Ordinary Share Purchase Agreement (Stealth BioTherapeutics Corp)
Headings; Interpretation. In this AgreementNote, (ai) the meaning of defined terms shall be equally applicable to both the singular and plural forms of the terms defined, ; (bii) the captions and headings are used only for convenience and are not to be considered in construing or interpreting this Agreement Note and (ciii) the words “including,” “includes” and “include” shall be deemed to be followed by the words “without limitation.” ”. All references in this Agreement Note to sections, paragraphs, exhibits and schedules shall, unless otherwise provided, refer to sections and paragraphs hereof and exhibits and schedules attached hereto, all of which exhibits and schedules are incorporated herein by this reference.. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Appears in 2 contracts
Sources: Subordinated Convertible Promissory Note and Warrant Purchase Agreement, Subordinated Convertible Note Purchase Agreement
Headings; Interpretation. In this Agreement, (ai) the meaning of defined terms shall be equally applicable to both the singular and plural forms of the terms defined, ; (bii) the captions and headings are used only for convenience and are not to be considered in construing or interpreting this Agreement Agreement; and (ciii) the words “including,” “includes” and “include” shall be deemed to be followed by the words “without limitation.” ”. All references in this Agreement to sections, paragraphs, exhibits and schedules shall, unless otherwise provided, refer to sections and paragraphs hereof and exhibits and schedules attached hereto, all of which exhibits and schedules are incorporated herein by this reference.
Appears in 2 contracts
Sources: Convertible Secured Note Purchase Agreement (Perfect Moment Ltd.), Convertible Note Purchase Agreement (Digital Health Acquisition Corp.)
Headings; Interpretation. In this Agreement, (a) the meaning of defined terms shall be equally applicable to both the singular and plural forms of the terms defined, (b) the captions and headings are used only for convenience and are not to be considered in construing or interpreting this Agreement Agreement, and (c) the words “including,” “includes,” and “include” shall be deemed to be followed by the words “without limitation.” All references in this Agreement to sections, paragraphs, exhibits and schedules shall, unless otherwise provided, refer to sections and paragraphs hereof and exhibits and schedules attached hereto, all of which exhibits and schedules are incorporated herein by this reference.
Appears in 2 contracts
Sources: Common Stock Issuance Agreement (CoreWeave, Inc.), Common Stock Purchase Agreement (SentinelOne, Inc.)
Headings; Interpretation. In this AgreementNote, (ai) the meaning of defined terms shall will be equally applicable to both the singular and plural forms of the terms defined, ; (bii) the captions and headings are used only for convenience and are not to be considered in construing or interpreting this Agreement Note; and (ciii) the words “including,” “includes” and “include” shall will be deemed to be followed by the words “without limitation.” ”. All references in this Agreement Note to sections, paragraphs, exhibits and schedules shallwill, unless otherwise provided, refer to sections and paragraphs hereof and exhibits and schedules attached hereto, all of which exhibits and schedules are incorporated herein by this reference.
Appears in 1 contract
Sources: Agreement to Sell and Acquire Real Estate (Glass House Brands Inc.)
Headings; Interpretation. In this AgreementNote, (ai) the meaning of defined terms shall be equally applicable to both the singular and plural forms of the terms defined, (bii) the captions and headings are used only for convenience and are not to be considered in construing or interpreting this Agreement Note and (ciii) the words “including,” “includes” and “include” shall be deemed to be followed by the words “without limitation.” ”. All references in this Agreement Note to sections, paragraphs, exhibits and schedules shall, unless otherwise provided, refer to sections and paragraphs hereof and exhibits and schedules attached hereto, all of which exhibits and schedules are incorporated herein by this reference.
Appears in 1 contract
Sources: Loan Agreement (Nephros Inc)
Headings; Interpretation. In this Agreement, (ai) the meaning of defined terms shall be equally applicable to both the singular and plural forms of the terms defined, ; (bii) the captions and headings are used only for convenience and are not to be considered in construing or interpreting this Agreement and (ciii) the words “"including,” “" "includes” " and “"include” " shall be deemed to be followed allowed by the words “"without limitation.” ". All references in this Agreement to sections, paragraphs, exhibits and schedules shall, unless otherwise provided, refer to sections and paragraphs hereof and exhibits and schedules attached hereto, all of which exhibits and schedules are incorporated herein by this reference.
Appears in 1 contract
Sources: Loan Agreement (Remedent, Inc.)
Headings; Interpretation. In this AgreementNote, (a) the meaning of defined terms shall be equally applicable to both the singular and plural forms of the terms defined, (b) the captions and headings are used only for convenience and are not to be considered in construing or interpreting this Agreement Note and (c) the words “including,” “includes” and “include” shall be deemed to be followed by the words “without limitation.” All references in this Agreement Note to sections, paragraphs, exhibits and schedules shall, unless otherwise provided, refer to sections and paragraphs hereof and exhibits and schedules attached hereto, all of which exhibits and schedules are incorporated herein by this reference.
Appears in 1 contract
Headings; Interpretation. In this Agreement, (ai) the meaning of defined terms shall be equally applicable to both the singular and plural forms of the terms defined, ; (bii) the captions and headings are used only for convenience and are not to be considered in construing or interpreting this Agreement and (ciii) the words “"including,” “" "includes” " and “"include” " shall be deemed to be followed by the words “"without limitation.” " All references in this Agreement to sections, paragraphs, exhibits and schedules shall, unless otherwise provided, refer to sections and paragraphs hereof and exhibits and schedules attached hereto, all of which exhibits and schedules are arc incorporated herein by this reference.
Appears in 1 contract
Sources: Note Participation Purchase Agreement (Infinity Capital Group, Inc.)
Headings; Interpretation. In this AgreementNote, (a) the meaning of defined terms shall be equally applicable to both the singular and plural forms of the terms defined, ; (b) the captions and headings are used only for convenience and are not to be considered in construing or interpreting this Agreement Note and (c) the words “including,” “includes” and “include” shall be deemed to be followed by the words “without limitation.” ”. All references in this Agreement Note to sections, paragraphs, exhibits and schedules shall, unless otherwise provided, refer to sections and paragraphs hereof and exhibits and schedules attached hereto, all of which exhibits and schedules are incorporated herein by this reference.
Appears in 1 contract
Sources: Convertible Note Purchase Agreement (Arno Therapeutics, Inc)
Headings; Interpretation. In this Agreement, (a) the meaning of defined terms shall be equally applicable to both the singular and plural forms of the terms defined, ; (b) the captions and headings are used only for convenience and are not to be considered in construing or interpreting this Agreement and (c) the words “including,” “includes” and “include” shall be deemed to be followed by the words “without limitation.” ”. All references in this Agreement to sections, paragraphs, exhibits and schedules shall, unless otherwise provided, refer to sections and paragraphs hereof and exhibits and schedules attached hereto, all of which exhibits and schedules are incorporated herein by this reference.
Appears in 1 contract
Sources: Note Purchase Agreement (Interactive Strength, Inc.)