Interpretation. When a reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.
Appears in 89 contracts
Sources: Share Exchange Agreement (Yubo International Biotech LTD), Exchange Agreement (Allure Worldwide, Inc.), Share Exchange Agreement (Yubo International Biotech LTD)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”".
Appears in 40 contracts
Sources: Share Exchange Agreement (Atlantic Acquisition Inc.), Acquisition Agreement (UBI Blockchain Internet LTD-DE), Share Exchange Agreement (Petrus Resources Corp)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”".
Appears in 40 contracts
Sources: Merger Agreement (Interwave Communications International LTD), Merger Agreement (Camco International Inc), Merger Agreement (Amphenol Corp /De/)
Interpretation. When a reference is made in this Agreement to a Sectionan article, Exhibit section, paragraph, clause, schedule or Scheduleexhibit, such reference shall be deemed to a Section of, or an Exhibit or Schedule to, be to this Agreement unless otherwise indicated. The headings contained in this Agreement herein and on the schedules are for reference purposes only and shall not affect in any way the meaning or interpretation of this AgreementAgreement or the schedules. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”." Time shall be of the essence in this Agreement.
Appears in 36 contracts
Sources: Purchase Agreement (Panamera Holdings Corp), Merger Agreement (Republic Industries Inc), Agreement and Plan of Reorganization (Capital Media Group LTD)
Interpretation. When a reference is made in this Agreement to a Sectionsections, Exhibit exhibits or Scheduleschedules, such reference shall be to a Section section of, or an Exhibit exhibit or Schedule schedule to, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall are not affect in any way the meaning or interpretation part of this Agreement. Whenever the words “include”, ,” “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.”.
Appears in 33 contracts
Sources: Merger Agreement (CNB Financial Corp/Pa), Merger Agreement (Evans Bancorp Inc), Merger Agreement (NBT Bancorp Inc)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, ,” “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.”.
Appears in 32 contracts
Sources: Share Exchange Agreement (Peregrine Industries Inc), Stock Exchange Agreement, Stock Purchase Agreement (Iconic Brands, Inc.)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, ,” “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.”.
Appears in 29 contracts
Sources: Merger Agreement (Innovative Payment Solutions, Inc.), Stock Purchase Agreement, Stock Purchase Agreement (Envestnet, Inc.)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”".
Appears in 26 contracts
Sources: Merger Agreement (Potomac Electric Power Co), Merger Agreement (Agouron Pharmaceuticals Inc), Merger Agreement (Monsanto Co)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 21 contracts
Sources: Agreement and Plan of Merger (Hawaiian Natural Water Co Inc), Merger Agreement (Usa Interactive), Agreement and Plan of Merger (Hawaiian Natural Water Co Inc)
Interpretation. When a reference is made in this Agreement to a SectionArticles, Exhibit Sections, Schedules or ScheduleExhibits, such reference shall be to a Section ofan Article, Section, Schedule or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or and “including” are when used in this Agreement, they herein shall be deemed in each case to be followed by the words “without limitation”. Neither party hereto shall be or be deemed to be the drafter of this Agreement for the purposes of construing this Agreement against one party or the other.
Appears in 21 contracts
Sources: Revenue Interest Purchase Agreement (ImmunityBio, Inc.), Revenue Interest Financing Agreement (Athenex, Inc.), Revenue Interests Purchase Agreement
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”, “," "includes” or “" and "including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 16 contracts
Sources: Merger Agreement (Anchor Gaming), Merger Agreement (Versicor Inc /Ca), Merger Agreement (Gemstar International Group LTD)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or Disclosure Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words word “include”, ,” “includes” or “including” are is used in this Agreement, they it shall be deemed to be followed by the words “without limitation.”.
Appears in 15 contracts
Sources: Stock and Asset Purchase Agreement, Stock and Asset Purchase Agreement (McClatchy Co), Stock Purchase Agreement (McClatchy Co)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”".
Appears in 12 contracts
Sources: Merger Agreement (Infonow Corp /), Merger Agreement (Partners Trust Financial Group Inc), Merger Agreement (Webster Financial Corp)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit Section or Schedule, such reference shall be to a Section of, or an Exhibit or a Schedule to, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 12 contracts
Sources: Merger Agreement (Exploration Co of Delaware Inc), Merger Agreement (Bertuccis Inc), Merger Agreement (Bertuccis Inc)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for convenience of reference purposes only only, do not constitute part of this Agreement and shall not be deemed to limit or otherwise affect in any way of the meaning or interpretation of this Agreementprovisions hereof. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.
Appears in 11 contracts
Sources: Merger Agreement (American River Bankshares), Merger Agreement, Merger Agreement (Bank of Marin Bancorp)
Interpretation. When a reference is made in this Agreement to a Sectionsections, Exhibit exhibits, or Scheduleschedules, such the reference shall be to a Section section of, or an Exhibit exhibit or Schedule schedule to, this Agreement unless otherwise expressly indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall are not affect in any way the meaning or interpretation part of this Agreement. Whenever the words “include”, ,” “includes,” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.”.
Appears in 11 contracts
Sources: Merger Agreement (Eastern Bankshares, Inc.), Merger Agreement (HarborOne Bancorp, Inc.), Agreement and Plan of Reorganization (MetroCity Bankshares, Inc.)
Interpretation. When a reference is made in this Agreement to a SectionArticles, Exhibit Sections, Exhibits or ScheduleSchedules, such reference shall be to a an Article or Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 10 contracts
Sources: Stock Option Agreement (Pride International Inc), Stock Option Agreement (Pride International Inc), Stock Option Agreement (Marine Drilling Companies Inc)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.
Appears in 10 contracts
Sources: Merger Agreement (CNB Financial Corp/Pa), Merger Agreement (Western Liberty Bancorp), Merger Agreement (Western Alliance Bancorporation)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit Section or ScheduleExhibit, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”".
Appears in 9 contracts
Sources: Merger Agreement (Boise Cascade Corp), Merger Agreement (Battle Mountain Gold Co), Merger Agreement (Homestake Mining Co /De/)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, ,” “includes” or and “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.”.
Appears in 8 contracts
Sources: Merger Agreement (FI CBM Holdings N.V.), Merger Agreement (FI CBM Holdings N.V.), Merger Agreement (Fiat Industrial S.p.A.)
Interpretation. When a reference is made in this Agreement to a Sectionan article, Exhibit section, paragraph, clause, schedule or Scheduleexhibit, such reference shall be deemed to a Section of, or an Exhibit or Schedule to, be to this Agreement unless otherwise indicated. The headings contained in this Agreement herein and on the schedules are for reference purposes only and shall not affect in any way the meaning or interpretation of this AgreementAgreement or the schedules. Whenever the words “include”, “includes” "include,""includes" or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”." Time shall be of the essence in this Agreement.
Appears in 7 contracts
Sources: Merger Agreement (Aviation Sales Co), Merger Agreement (Florida Panthers Holdings Inc), Merger Agreement (Aviation Sales Co)
Interpretation. When a reference is made in this Agreement to a SectionArticles, Exhibit Sections, Exhibits or ScheduleSchedules, such reference shall be to a an Article or Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 7 contracts
Sources: Merger Agreement (Savia Sa De Cv), Stock Purchase Agreement (Seminis Inc), Merger Agreement (Seminis Inc)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.
Appears in 7 contracts
Sources: Investment Agreement (Alberto Culver Co), Merger Agreement (National Grid PLC), Merger Agreement (Rurban Financial Corp)
Interpretation. When a reference is made in this Agreement to a Sectionan article, Exhibit section, paragraph, clause, schedule or Scheduleexhibit, such reference shall be deemed to a Section of, or an Exhibit or Schedule to, be to this Agreement unless otherwise indicated. The headings contained in this Agreement herein and on the schedules are for reference and convenience purposes only and shall not affect in any way the meaning or interpretation of this AgreementAgreement or the schedules. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”." Time shall be of the essence in this Agreement.
Appears in 7 contracts
Sources: Purchase Agreement (Raymond James Financial Inc), Asset Purchase Agreement (Oak Tree Medical Systems Inc), Merger Agreement (Sportsline Usa Inc)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit Section or Schedule, such reference shall be to a Section of, or an Exhibit of or Schedule to, to this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever Wherever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”".
Appears in 7 contracts
Sources: Shareholder Agreement (Infoseek Corp /De/), Bt/Mci Merger Agreement (Mci Communications Corp), Stockholder Agreement (Unison Software Inc)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 6 contracts
Sources: Stockholders Agreement (Riverwood Holding Inc), Registration Rights Agreement (Riverwood Holding Inc), Merger Agreement (Enstar Group Inc)
Interpretation. When a A reference is made in this Agreement to a an Article, Section, Exhibit or Schedule, such reference shall be to a an Article or Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 6 contracts
Sources: Securities Purchase Agreement (Crown Acquisition Partners LLC), Merger Agreement (General Re Corp), Securities Purchase Agreement (Equity Marketing Inc)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit Exhibit, or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, ,” “includes,” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.”.
Appears in 6 contracts
Sources: Share Exchange Agreement (Global Technologies LTD), Share Exchange Agreement (Bio Lab Naturals, Inc.), Share Exchange Agreement (Grey Cloak Tech Inc.)
Interpretation. When a reference is made in this Agreement to -------------- Sections, Exhibits or Schedules, such reference will be to a Section, Exhibit or Schedule, such reference shall be Schedule to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The words "include," "includes," and "including" when used therein will be deemed in each case to be followed by the words "without limitation." The table of contents, index to defined terms, and headings contained in this Agreement are for reference purposes only and shall will not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.
Appears in 6 contracts
Sources: Agreement and Plan of Reorganization (Transwitch Corp /De), Agreement and Plan of Reorganization (Lionbridge Technologies Inc /De/), Agreement and Plan of Reorganization (Del Arroz Manuel)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit Section or Schedule, such reference shall be to a Section of, or an Exhibit or a Schedule to, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”".
Appears in 6 contracts
Sources: Recapitalization Agreement (Scotsman Group Inc), Merger Agreement (Pillowtex Corp), Merger Agreement (Colley Corp)
Interpretation. When a reference is made in this Agreement to a Sectionan article, Exhibit section, paragraph, clause, schedule or Scheduleexhibit, such reference shall be deemed to a Section of, or an Exhibit or Schedule to, be to this Agreement unless otherwise indicated. The headings contained in this Agreement herein and on the schedules are for reference purposes only and shall not affect in any way the meaning or interpretation of this AgreementAgreement or the schedules. Whenever the words “include”, ,” “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.”.
Appears in 6 contracts
Sources: Asset Purchase Agreement (RDE, Inc.), Asset Purchase Agreement (RDE, Inc.), Membership Interests Purchase Agreement (Cornerworld Corp)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall are not affect in any way the meaning or interpretation part of this Agreement. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”".
Appears in 5 contracts
Sources: Merger Agreement (First Community Bancorp /Ca/), Merger Agreement (First Community Bancorp /Ca/), Merger Agreement (First Community Bancorp /Ca/)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall are not affect in any way the meaning or interpretation part of this Agreement. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 5 contracts
Sources: Merger Agreement (Bancorp Connecticut Inc), Agreement and Plan of Consolidation (Banknorth Group Inc/Me), Merger Agreement (Carver Bancorp Inc)
Interpretation. When a A reference is made in this Agreement to a Section, Exhibit or ScheduleSchedule is, such unless otherwise stated, a reference shall be to a Section ofsection hereof, or an Exhibit exhibit or Schedule toschedule hereto, this Agreement unless otherwise indicatedas the case may be. The headings contained Section captions used in this Agreement are for reference purposes only convenience only, and shall not affect in any way the meaning or interpretation construction of this Agreement. Whenever the words “include”The word "including" shall, “includes” or “including” are used in this Agreementeach instance, they shall be deemed to be followed by the words “without limitation”mean "including but not limited to".
Appears in 5 contracts
Sources: Security Agreement (Datron Systems Inc/De), Security Agreement (Datron Systems Inc/De), Credit Agreement (Chronimed Inc)
Interpretation. When a reference is made in this Agreement to a Recital, Section, Exhibit or Schedule, such reference shall be to a Recital or Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall are not affect in any way the meaning or interpretation part of this Agreement. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”".
Appears in 5 contracts
Sources: Merger Agreement (Ubs Ag/Ny), Merger Agreement (Ubs Americas Inc), Merger Agreement (Ubs Preferred Funding Co LLC I)
Interpretation. When a reference is made in to this Agreement to a Section, Exhibit Article, or Schedule, such reference shall be to a Section ofSection, Article, or an Exhibit or Schedule to, of this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not neither affect in any way the meaning or interpretation of this Agreement, nor define or limit the scope or intent of any provision or part hereof. Whenever the words “"include”, “," or "includes” ," or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 5 contracts
Sources: Noncompetition Agreement (Crestline Capital Corp), Noncompetition Agreement (Host Marriott Corp/), Noncompetition Agreement (HMC Merger Corp)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”.
Appears in 5 contracts
Sources: Merger Agreement (Dianon Systems Inc), Merger Agreement (Outdoor Channel Holdings Inc), Merger Agreement (Urocor Inc)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “word "include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”".
Appears in 5 contracts
Sources: Merger Agreement (Evi Inc), Merger Agreement (Evi Inc), Merger Agreement (CFW Communications Co)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 5 contracts
Sources: Offer to Purchase (Murdock David H), Merger Agreement (Sonic Automotive Inc), Merger Agreement (Rochester & Pittsburgh Coal Co)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 5 contracts
Sources: Merger Agreement (Security First Technologies Corp), Merger Agreement (Edify Corp), Merger Agreement (S1 Corp /De/)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, ,” “includes” or and “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.”.
Appears in 5 contracts
Sources: Investment Agreement, Investment Agreement (Yum China Holdings, Inc.), Investment Agreement (Yum China Holdings, Inc.)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit or Schedule toto this Agreement, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”".
Appears in 5 contracts
Sources: Merger Agreement (Suntrust Banks Inc), Merger Agreement (National Commerce Financial Corp), Merger Agreement (Mb Financial Inc)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”".
Appears in 5 contracts
Sources: Merger Agreement (Reckson Services Industries Inc), Merger Agreement (Norwest Corp), Merger Agreement (Wells Fargo & Co)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The words “include,” “includes” and “including” when used herein shall be deemed in each case to be followed by the words “without limitation.” The phrase “made available” in this Agreement shall mean that the information referred to has been made available if requested by the party to whom such information is to be made available. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.
Appears in 5 contracts
Sources: Option Agreement (Pacific Software, Inc.), Option Agreement (Pacific Software, Inc.), Merger Agreement (COMMITTED CAPITAL ACQUISITION Corp)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 4 contracts
Sources: Stockholders Agreement (Brokat Aktiengesellschaft), Stockholders Agreement (Trega Biosciences Inc), Stockholders Agreement (Blaze Software Inc)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Schedules or ScheduleExhibits, such reference shall be to a Section ofSection, Schedule or an Exhibit or Schedule toof this Agreement, this Agreement respectively, unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, ,” “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”,” if they are not already followed by such words.
Appears in 4 contracts
Sources: Stock Purchase Agreement (TXNM Energy Inc), Stock Purchase Agreement (Texas New Mexico Power Co), Stock Purchase Agreement (Spirit Finance Corp)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit section or Scheduleexhibit, such reference shall be to a Section section of, or an Exhibit or Schedule exhibit to, this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.”.
Appears in 4 contracts
Sources: Merger Agreement, Merger Agreement (Phototron Holdings, Inc.), Merger Agreement (Artemis Acquisition Corp.)
Interpretation. When a reference is made in this Agreement to a Sectionsections, Exhibit exhibits or Scheduleschedules, such reference shall be to a Section ofsection, exhibit or an Exhibit or Schedule to, schedule of this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall are not affect in any way the meaning or interpretation part of this Agreement. Whenever the words “include”, ,” “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.”.
Appears in 4 contracts
Sources: Merger Agreement (Renasant Corp), Merger Agreement (Peoples Holding Co), Merger Agreement (Heritage Financial Holding)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit Sections or ScheduleExhibits, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, ,” “includes” or and “including” are when used in this Agreement, they herein shall be deemed in each case to be followed by the words “without limitation.” The phrases “the date of this Agreement”, “the date hereof”, and terms of similar import, unless the context otherwise requires, shall be deemed to refer to the date first above written.
Appears in 4 contracts
Sources: Stockholder Agreement (Mast Therapeutics, Inc.), Shareholder Agreement (Nanometrics Inc), Shareholder Agreement (August Technology Corp)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.”.
Appears in 4 contracts
Sources: Share Exchange Agreement (New Generation Consumer Group, Inc.), Merger Agreement (Pedro's List, Inc.), Merger Agreement (Ozop Surgical Corp.)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit Section or Schedule, such reference shall be to a Section of, or an Exhibit of or Schedule to, to this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever Wherever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 4 contracts
Sources: Merger Agreement (Primedex Health Systems Inc), Merger Agreement (Radiologix Inc), Support Agreement (Walt Disney Co/)
Interpretation. When a reference is made in this Agreement to a Sectionsection, Exhibit exhibit or Scheduleschedule, such reference shall be to a Section section of, or an Exhibit exhibit or Schedule schedule to, this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.”.
Appears in 4 contracts
Sources: Merger Agreement (Gold Hill Resources, Inc.), Merger Agreement (Fluoropharma Medical, Inc.), Merger Agreement (Fluoropharma Medical, Inc.)
Interpretation. When a reference is made in this Agreement to a Sectionan article, Exhibit section, paragraph, clause, schedule or Scheduleexhibit, such reference shall be deemed to a Section of, or an Exhibit or Schedule to, be to this Agreement unless otherwise indicated. The headings contained in this Agreement herein and on the schedules are for reference purposes only and shall not affect in any way the meaning or interpretation of this AgreementAgreement or the schedules. Whenever Whenever, the words “"include”, “," "includes” " or “"including” " are used in this Agreement, Agreement they shall be deemed to be followed by the words “"without limitation”." Time shall be of the essence in this Agreement.
Appears in 4 contracts
Sources: Acquisition Agreement (Packaging Dynamics Corp), Acquisition Agreement (Packaging Dynamics Corp), Stock Purchase Agreement (Novo Mediagroup Inc)
Interpretation. When a reference is made in this Agreement to Sections, Exhibits or Schedules, such reference will be to a Section, Exhibit or Schedule, such reference shall be Schedule to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The words “include,” “includes,” and “including” when used therein will be deemed in each case to be followed by the words “without limitation.” The table of contents, index to defined terms, and headings contained in this Agreement are for reference purposes only and shall will not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.
Appears in 4 contracts
Sources: Asset Purchase Agreement, Merger Agreement (Mascoma Corp), Merger Agreement (Lionbridge Technologies Inc /De/)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 4 contracts
Sources: Share Exchange Agreement (Vortex Blockchain Technologies Inc.), Stock Purchase Agreement (Guar Global Ltd.), Share Exchange Agreement (Vacation Home Swap, Inc.)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit Sections or ScheduleExhibits, such reference shall be to a Section of, or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The words "include," "includes" and "including" when used therein shall be deemed in each case to be followed by the words "without limitation." The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.
Appears in 4 contracts
Sources: Combination Agreement (Edutrek Int Inc), Combination Agreement (Pioneer Natural Resources Co), Combination Agreement (National Oilwell Inc)
Interpretation. When a reference is made in this Agreement to a Sectionan article, Exhibit section, paragraph, clause, schedule or Scheduleexhibit, such reference shall be deemed to a Section of, or an Exhibit or Schedule to, be to this Agreement unless otherwise indicated. The headings contained in this Agreement herein and on the schedules are for reference purposes only and shall not affect in any way the meaning or interpretation of this AgreementAgreement or the schedules. Whenever Whenever, the words “include”, ,” “includes” or “including” are used in this Agreement, Agreement they shall be deemed to be followed by the words “without limitation”.” Time shall be of the essence in this Agreement.
Appears in 4 contracts
Sources: Purchase and Sale Agreement (Real Goods Solar, Inc.), Stock Exchange Agreement (Immediatek Inc), Asset Purchase Agreement (U S Energy Systems Inc)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit Sections or ScheduleExhibits, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only words "include," "includes" and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “"including” are " when used in this Agreement, they herein shall be deemed in each case to be followed by the words “"without limitation”." The phrases "the date of this Agreement", "the date hereof", and terms of similar import, unless the context otherwise requires, shall be deemed to refer to the date first above written.
Appears in 4 contracts
Sources: Shareholder Agreement (Nanometrics Inc), Shareholder Agreement (Nanometrics Inc), Shareholder Agreement (Nanometrics Inc)
Interpretation. When a reference is made in this -------------- Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”, “," "includes” or “" and "including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 3 contracts
Sources: Merger Agreement (Us Office Products Co), Merger Agreement (Buy Com Inc), Merger Agreement (Herbalife International Inc)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit Sections or ScheduleSchedules, such reference shall be to a Section of, or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, ,” “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.”.
Appears in 3 contracts
Sources: Trademark License Agreement, Trademark License Agreement (Trump Entertainment Resorts, Inc.), Trademark License Agreement (Trump Entertainment Resorts Holdings Lp)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall are not affect in any way the meaning or interpretation part of this Agreement. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.
Appears in 3 contracts
Sources: Merger Agreement (Americanwest Bancorporation), Merger Agreement (Americanwest Bancorporation), Agreement and Plan of Reorganization (FCB Bancorp)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only words "include," "includes" and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “"including” are " when used in this Agreement, they herein shall be deemed in each case to be followed by the words “"without limitation”." The phrase "made available" in this Agreement shall mean that the information referred to has been
Appears in 3 contracts
Sources: Agreement and Plan of Reorganization (Endosonics Corp), Agreement and Plan of Reorganization (Endosonics Corp), Agreement and Plan of Reorganization (Cardiometrics Inc)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “without -without limitation”".
Appears in 3 contracts
Sources: Merger Agreement (Invacare Corp), Merger Agreement (Sunbeam Corp/Fl/), Merger Agreement (Invacare Corp)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit subsections, Schedules or ScheduleExhibits, such reference shall be to a Section ofSection, subsection, Schedule or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The words “include,” “includes” and “including” when used herein shall be deemed in each case to be followed by the words “without limitation.” The word “herein” and similar references mean, except where a specific Section or Article reference is expressly indicated, the entire Agreement rather than any specific Section or Article. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.
Appears in 3 contracts
Sources: Stockholders’ Agreement (Regen Biologics Inc), Stockholders’ Agreement (Regen Biologics Inc), Stockholders' Agreement (Aros Corp)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit subsections, Schedules or ScheduleExhibits, such reference shall be to a Section ofSection, subsection, Schedule or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only words "include," "includes" and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “"including” are " when used in this Agreement, they herein shall be deemed in each case to be followed by the words “"without limitation”." The word "herein" and similar references mean, except where a specific Section or Article reference is expressly indicated, the entire Agreement rather than any specific Section or Article.
Appears in 3 contracts
Sources: Merger Agreement (Telecorp PCS Inc /Va/), Merger Agreement (At&t Wireless Services Inc), Agreement and Plan of Reorganization and Contribution (Tritel Inc)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit subsections, Schedules or ScheduleExhibits, such reference shall be to a Section ofSection, subsection, Schedule or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only words "include," "includes" and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “"including” are " when used in this Agreement, they herein shall be deemed in each case to be followed by the words “without limitation”."without
Appears in 3 contracts
Sources: Merger Agreement (Webmethods Inc), Merger Agreement (Webmethods Inc), Merger Agreement (Webmethods Inc)
Interpretation. When a reference is made in this Agreement to a Sectionan article, Exhibit section, paragraph, clause, schedule or Scheduleexhibit, such reference shall be deemed to a Section of, or an Exhibit or Schedule to, be to this Agreement unless otherwise indicated. The headings contained in this Agreement herein and on the Schedules are for reference purposes only and shall not affect in any way the meaning or interpretation of this AgreementAgreement or the Schedules. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”." Time shall be of the essence in this Agreement.
Appears in 3 contracts
Sources: Asset Purchase Agreement (Ocg Technology Inc), Merger Agreement (Metal Management Inc), Merger Agreement (Metal Management Inc)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”. References to “$” refer to U.S. Dollars.
Appears in 3 contracts
Sources: Business Combination Agreement, Business Combination Agreement (Liberty Acquisition Holdings Corp.), Business Combination Agreement (Liberty Acquisition Holdings Corp.)
Interpretation. When a reference is made in this Agreement to a Sectionan article, Exhibit section, paragraph, clause, schedule or Scheduleexhibit, such reference shall be deemed to a Section of, or an Exhibit or Schedule to, be to this Agreement unless otherwise indicated. The headings contained in this Agreement herein and on the schedules are for reference purposes only and shall not affect in any way the meaning or interpretation of this AgreementAgreement or the schedules. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 3 contracts
Sources: Stock Purchase and Asset Sale Agreement (Mabwe Minerals Inc.), Stock Purchase Agreement (Sunair Electronics Inc), Asset Purchase Agreement (Cenuco Inc)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only words "include," "includes" and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “"including” are " when used in this Agreement, they herein shall be deemed to be followed by the words “without limitation”.in
Appears in 3 contracts
Sources: Merger Agreement (Quadramed Corp), Agreement and Plan of Reorganization (Quadramed Corp), Merger Agreement (Quadramed Corp)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.”.
Appears in 3 contracts
Sources: Registration Rights Agreement (Authentec Inc), Merger Agreement (Riverwood Holding Inc), Registration Rights Agreement (Graphic Packaging Corp)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit Sections or ScheduleExhibits, such reference shall be to a Section of, or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The words "include," "includes" and "including" when used therein shall be deemed in each case to be followed by the words "without limitation." Any references in this Agreement to "the date hereof" refers to the date of execution of this Agreement. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.
Appears in 3 contracts
Sources: Arrangement Agreement (Solitario Exploration & Royalty Corp.), Arrangement Agreement (Solitario Exploration & Royalty Corp.), Combination Agreement (Calpine Corp)
Interpretation. When a A reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 3 contracts
Sources: Merger Agreement (International Dairy Queen Inc), Merger Agreement (Vaughn Communications Inc), Merger Agreement (Healthwatch Inc)
Interpretation. When a reference is made in this Agreement to a Section, Section or Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”".
Appears in 3 contracts
Sources: Merger Agreement (Time Warner Inc), Agreement and Plan of Merger (Turner Broadcasting System Inc), Agreement and Plan of Merger (Time Warner Inc)
Interpretation. When a reference is made in this Agreement to a an Article, Section, Exhibit or Schedule, such reference shall be to a Section ofan Article, or an Section, Exhibit or Schedule to, to this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only words "include," "includes" and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “"including” are " when used in this Agreement, they herein shall be deemed in each case to be followed by the words “"without limitation”."
Appears in 3 contracts
Sources: Term Loan Agreement (Diedrich Coffee Inc), Term Loan Agreement (Diedrich Coffee Inc), Revolving Loan Agreement (Broadband Sports Inc)
Interpretation. When a reference is made in this Agreement to a Section, Section or Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.
Appears in 3 contracts
Sources: Preferred Stock Purchase Agreement (Computer Software Innovations Inc), Merger Agreement (Verticalbuyer Inc), Merger Agreement (Computer Software Innovations Inc)
Interpretation. When a A reference is made in this Agreement to a Section, -------------- Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 3 contracts
Sources: Merger Agreement (Berkshire Hathaway Inc /De/), Merger Agreement (Berkshire Hathaway Inc /De/), Merger Agreement (Online System Services Inc)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit Sections or ScheduleExhibits, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, ,” “includes” or and “including” are when used in this Agreement, they herein shall be deemed in each case to be followed by the words “without limitation”.” The phrases “the date of this Agreement,” “the date hereof” and terms of similar import, unless the context otherwise requires, shall be deemed to refer to the date first above written.
Appears in 3 contracts
Sources: Company Shareholder Voting Agreement, Company Shareholder Voting Agreement (Rudolph Technologies Inc), Parent Stockholder Voting Agreement (August Technology Corp)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit -------------- Schedules or ScheduleExhibits, such reference shall be to a Section of, Schedule or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The words "include," "includes" and "including" when used herein shall be deemed in each case to be followed by the words "without limitation." The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.
Appears in 3 contracts
Sources: Asset Purchase Agreement (Tibco Software Inc), Asset Purchase Agreement (Tibco Software Inc), Asset Purchase Agreement (Tibco Software Inc)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “'include”', “'includes” ' or “'including” ' are used in this Agreement, they shall be deemed to be followed by the words “without -without limitation”'.
Appears in 3 contracts
Sources: Merger Agreement (Signature Brands Usa Inc), Merger Agreement (Sunbeam Corp/Fl/), Merger Agreement (Sunbeam Corp/Fl/)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Annexes or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit Annex or Schedule to, to this Agreement unless otherwise indicated. The table of contents, glossary of defined terms and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”".
Appears in 3 contracts
Sources: Merger Agreement (Commnet Cellular Inc), Merger Agreement (Commnet Cellular Inc), Merger Agreement (Blackstone Cci Capital Partners Lp)
Interpretation. When a reference is made in this Agreement to a Section, -------------------- Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”".
Appears in 2 contracts
Sources: Merger Agreement (Bangla Property Management Inc), Merger Agreement (Bangla Property Management Inc)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 2 contracts
Sources: Merger Agreement (Freedom Securities Corp /De/), Restated Agreement and Plan of Merger (Syratech Corp)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall are not affect in any way the meaning or interpretation part of this Agreement. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.”.
Appears in 2 contracts
Sources: Merger Agreement (First Community Bancorp /Ca/), Merger Agreement (First Community Bancorp /Ca/)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or Disclosure Schedule or other Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to or related to, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words word “include”, ,” “includes” or “including” are is used in this Agreement, they it shall be deemed to be followed by the words “without limitation.”.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Lee Enterprises, Inc), Asset Purchase Agreement (Lee Enterprises, Inc)
Interpretation. (a) When a reference is made in this Agreement to a Section, Exhibit Sections or ScheduleExhibits, such reference shall be to a Section of, or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. .
(b) The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the .
(c) The words “include”, ,” “includes” or and “including” are when used in this Agreement, they herein shall be deemed in each case to be followed by the words “without limitation.”.
Appears in 2 contracts
Sources: Share Purchase Agreement (Codex DNA, Inc.), Merger Agreement (Qualcomm Inc/De)
Interpretation. When a reference is made in this -------------- Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”".
Appears in 2 contracts
Sources: Stock and Note Purchase Agreement (Merisel Inc /De/), Merger Agreement (Warnaco Group Inc /De/)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The table of contents, glossary of defined terms and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.
Appears in 2 contracts
Sources: Merger Agreement (International Bancshares Corp), Merger Agreement (Local Financial Corp /Nv)
Interpretation. When a reference is made in this Agreement to a Sectionan article, Exhibit section, paragraph, clause, schedule or Scheduleexhibit, such reference shall be deemed to a Section of, or an Exhibit or Schedule to, be to this Agreement unless otherwise indicated. The headings contained in this Agreement herein and on the schedules are for reference purposes only and shall not affect in any way the meaning or interpretation of this AgreementAgreement or the schedules. Whenever Whenever, the words “"include”, “," "includes” " or “"including” " are used in this Agreement, Agreement they shall be deemed to be followed by the words “"without limitation”."
Appears in 2 contracts
Sources: Registration Rights Agreement (Packaging Dynamics Corp), Registration Rights Agreement (Packaging Dynamics Corp)
Interpretation. When a reference is made in this Agreement to a Recital, Section, Exhibit or Schedule, such reference shall be to a Recital or Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall are not affect in any way the meaning or interpretation part of this Agreement. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 2 contracts
Sources: Stock Purchase Agreement (Santander Bancorp), Stock Purchase Agreement (Santander Bancorp)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or Schedule, Schedule such reference shall will be to a Section ofSection, or an Exhibit or Schedule to, of or to this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall will not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall will be deemed to be followed by the words “"without limitation”."
Appears in 2 contracts
Sources: Merger Agreement (Bristol Hotel Co), Merger Agreement (Felcor Suite Hotels Inc)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or ScheduleExhibits, such reference shall be to a Section of, or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The words "include," "includes" and "including" when used herein shall be deemed in each case to be followed by the words "without limitation." The phrase "made available" in this Agreement shall mean that the information referred to has been made available if requested by the party to whom such information is to be made available. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.
Appears in 2 contracts
Sources: Merger Agreement (Phone Com Inc), Merger Agreement (Data Measurement Corp)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or ScheduleExhibits, such reference shall be to a Section of, or an Exhibit or Schedule to, attached to this Agreement unless otherwise indicated. The words “include,” “includes” and “including” when used herein shall be deemed in each case to be followed by the words “without limitation.” The phrases “Agreement Date”, “the date hereof,” and terms of similar import, unless the context otherwise requires, shall be deemed to refer to the date listed on the cover page to this Agreement. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.
Appears in 2 contracts
Sources: Asset Acquisition Agreement, Asset Acquisition Agreement (China Medical Technologies, Inc.)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit exhibits or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The table of contents, glossary of defined terms and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”".
Appears in 2 contracts
Sources: Merger Agreement (Sprint Corp), Agreement and Plan of Merger (Mci Worldcom Inc)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”.
Appears in 2 contracts
Sources: Merger Agreement, Merger Agreement (Amber Road, Inc.)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit or Schedule, such reference shall be to a Section of, or an Exhibit or Schedule to, this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”".
Appears in 2 contracts
Sources: Merger Agreement (Axys Pharmaceuticals Inc), Merger Agreement (Camelot Music Holdings Inc)
Interpretation. When a reference is made in this Agreement to a Sectionan article, Exhibit section, paragraph, clause, schedule or Scheduleexhibit, such reference shall be deemed to a Section of, or an Exhibit or Schedule to, be to this Agreement unless otherwise indicated. The headings contained in this Agreement herein and on the Schedules are for reference purposes only and shall not affect in any way the meaning or interpretation of this AgreementAgreement or the Schedules. Whenever the words “include”, ,” “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.”.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Compass Group Diversified Holdings LLC), Unit Purchase Agreement (Cornerworld Corp)
Interpretation. When a reference is made in this Agreement to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”". Inclusion of any matter on any Schedule to this Agreement shall not be deemed an admission that such item is material or otherwise required to be included on such Schedule.
Appears in 2 contracts
Sources: Merger Agreement (Oryx Energy Co), Merger Agreement (Oryx Energy Co)
Interpretation. When a reference is made in this Agreement -------------- to a SectionSections, Exhibit Exhibits or ScheduleSchedules, such reference shall be to a Section of, of or an Exhibit or Schedule to, to this Agreement unless otherwise indicated. The table of contents and headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”, “," "includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”."
Appears in 2 contracts
Sources: Merger Agreement (Inergy L P), Merger Agreement (Dynamic Healthcare Technologies Inc)
Interpretation. When a reference is made in this Agreement to a Section, Exhibit Section or Schedule, such reference shall be to a Section of, or an Exhibit or a Schedule to, this Agreement unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “"include”", “"includes” " or “"including” " are used in this Agreement, they shall be deemed to be followed by the words “"without limitation”.". * * * *
Appears in 2 contracts
Sources: Merger Agreement (Sylvan Inc), Merger Agreement (Sylvan Inc)