Common use of Interpretive Matters Clause in Contracts

Interpretive Matters. Unless the context otherwise requires, (i) all references to articles, sections, schedules or exhibits are to Articles, Sections, Schedules or Exhibits of or to this Agreement, (ii) each accounting term not otherwise defined in this Agreement has the meaning assigned for it in accordance with GAAP, (iii) words in the singular or plural include the singular and plural, and pronouns stated in either the masculine, feminine or neuter gender shall include the masculine, feminine and neuter, and (iv) the term “including” and any variation thereof shall mean by way of example and not by way of limitation. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 6 contracts

Samples: Stockholders’ Agreement (Rexnord Corp), Stockholders’ Agreement (Rexnord Corp), Stockholders’ Agreement (Rexnord Corp)

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Interpretive Matters. Unless the context otherwise requires, (i) all references to articles, sections, schedules or exhibits are to Articles, Sections, Schedules or Exhibits of or to this Agreement, (ii) each accounting term not otherwise defined in this Agreement has the meaning assigned for it in accordance with GAAP, (iii) words in the singular or plural include the singular and plural, and pronouns stated in either the masculine, feminine or neuter gender shall include the masculine, feminine and neuter, and (iviii) the term “including” and any variation thereof shall mean by way of example and not by way of limitation. Any reference to a document includes all amendments or supplements to, or replacements or novations of, such document. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 3 contracts

Samples: Shareholders’ Agreement (NCL CORP Ltd.), Shareholders’ Agreement (Norwegian Cruise Line Holdings Ltd.), Shareholders’ Agreement (Norwegian Cruise Line Holdings Ltd.)

Interpretive Matters. Unless the context otherwise requires, (ia) all references to articles, sections, schedules or exhibits are to Articles, Sections, Schedules or Exhibits of or to in this Agreement, (iib) each accounting term not otherwise defined in this Agreement has the meaning assigned for it in accordance with GAAP, (iiic) words in the singular or plural include the singular and plural, and pronouns stated in either the masculine, feminine or neuter gender shall include the masculine, feminine and neuter, and (ivd) the term "including” and any variation thereof " shall mean by way of example and not by way of limitation. The parties hereto Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Ames True Temper, Inc.), Stock Purchase Agreement (Commercial Vehicle Group, Inc.)

Interpretive Matters. Unless the context otherwise requires, (i) all references to articles, sections, schedules or exhibits are to Articles, Sections, Schedules or Exhibits of or to this Agreement, (ii) each accounting term not otherwise defined in this Agreement has the meaning assigned for it in accordance with GAAP, (iii) words in the singular or plural include the singular and plural, and pronouns stated in either the masculine, feminine or neuter gender shall include the masculine, feminine and neuter, and (iv) the term “including” and any variation thereof shall mean by way of example and not by way of limitation, whether or not the words “without limitation” actually appear. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 1 contract

Samples: Registration Rights and Lock Up Agreement (Hostess Brands, Inc.)

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Interpretive Matters. Unless the context otherwise requires, (ia) all references to articles, sections, schedules or exhibits are to Articles, Sections, Schedules or Exhibits of or to in this Agreement, (iib) each accounting term not otherwise defined in this Agreement has the meaning assigned for it in accordance with GAAP, (iiic) words in the singular or plural include the singular and plural, and pronouns stated in either the masculine, feminine or neuter gender shall include the masculine, feminine and neuter, and (ivd) the term “including” and any variation thereof shall mean by way of example and not by way of limitation. The parties hereto Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent arises, this Agreement shall be construed as if drafted jointly by the partiesParties, and no presumption or burden of proof shall arise favoring or disfavoring any party Party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 1 contract

Samples: Confidentiality and Inventions Assignment Agreement (Biomet Inc)

Interpretive Matters. Unless the context otherwise requires, (ia) all references to articles, sections, schedules or exhibits are to Articles, Sections, Schedules or Exhibits of or to in this Agreement, (iib) each accounting term not otherwise defined in this Agreement has the meaning assigned for it in accordance with GAAP, (iiic) where appropriate in the context, words in the singular or plural include the singular and plural, and pronouns stated in either the masculine, feminine or neuter gender shall include the masculine, feminine and neuter, and (ivd) the term “including” and any variation thereof shall mean by way of example and not by way of limitation. The parties hereto Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

Appears in 1 contract

Samples: Interest and Stock Purchase Agreement (Healthtronics, Inc.)

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