Common use of Interpretative Matters Clause in Contracts

Interpretative Matters. Unless the context otherwise requires, (a) all references to Sections or Exhibits are to Sections or Exhibits contained in or attached to this Note, (b) each accounting term not otherwise defined in this Note has the meaning assigned to it in accordance with GAAP, (c) words in the singular or plural include the singular and plural and pronouns stated in either the masculine, the feminine or neuter gender shall include the masculine, feminine and neuter and (d) the use of the word “including” in this Note shall be by way of example rather than limitation. If a stock split, stock dividend, stock combination or other similar event occurs during any period over which an average price is being determined, then an appropriate adjustment will be made to such average to reflect such event.

Appears in 11 contracts

Samples: Facility Agreement (Neos Therapeutics, Inc.), Facility Agreement (Mannkind Corp), Note Purchase Agreement (Aerie Pharmaceuticals Inc)

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Interpretative Matters. Unless the context otherwise requires, (a) all references to Sections or Exhibits are to Sections or Exhibits contained in or attached to this Note, (b) each accounting term not otherwise defined in this Note has the meaning assigned to it in accordance with GAAPgenerally accepted accounting principles, (c) words in the singular or plural include the singular and plural and pronouns stated in either the masculine, the feminine or neuter gender shall include the masculine, feminine and neuter and (d) the use of the word “including” in this Note shall be by way of example rather than limitation. If a stock split, stock dividend, stock combination or other similar event occurs during any period over which an average price is being determined, then an appropriate adjustment will be made to such average to reflect such event.

Appears in 4 contracts

Samples: Aytu Bioscience, Inc, Neos Therapeutics, Inc., Neos Therapeutics, Inc.

Interpretative Matters. Unless the context otherwise requires, (a) all references to Sections Sections, Schedules or Exhibits are to Sections sections, schedules or Exhibits exhibits contained in or attached to this Note, (b) each accounting term not otherwise defined in this Note has the meaning assigned to it in accordance with GAAP, (c) words in the singular or plural include the singular and plural and pronouns stated in either the masculine, the feminine or neuter gender shall include the masculine, feminine and neuter and (d) the use of the word “including” in this Note shall be by way of example rather than limitation. If a stock split, stock dividend, stock combination or other similar event occurs during any period over which an average price is being determinedoccurs, then an appropriate adjustment will be made to such average any dollar prices, share numbers and any calculation of the VWAP used to determine the number of Shares to be issued hereunder to reflect such event.. * * * * * *

Appears in 1 contract

Samples: Securities Purchase Agreement (Access Integrated Technologies Inc)

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Interpretative Matters. Unless the context otherwise requires, (a) all references to Sections Sections, Schedules or Exhibits are to Sections sections, schedules or Exhibits exhibits contained in or attached to this Note, (b) each accounting term not otherwise defined in this Note has the meaning assigned to it in accordance with GAAP, (c) words in the singular or plural include the singular and plural and pronouns stated in either the masculine, the feminine or neuter gender shall include the masculine, feminine and neuter and (d) the use of the word “including” in this Note shall be by way of example rather than limitation. If a stock split, stock dividend, stock combination or other similar event occurs during any period over which an average price is being determined, then an appropriate adjustment will be made to such average to reflect such event.. * * * * * *

Appears in 1 contract

Samples: Securities Purchase Agreement (Access Integrated Technologies Inc)

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