Miscellaneous Terms Sample Clauses
Miscellaneous Terms. The term "or" is disjunctive; the term "and" is conjunctive. The term "shall" is mandatory; the term "may" is permissive. Masculine terms also apply to females; feminine terms also apply to males. The term "including" is by way of example and not limitation.
Miscellaneous Terms. The term “or” is disjunctive; the term “and” is conjunctive. The term “shall” is mandatory; the term “may” is permissive. Masculine terms also apply to females; feminine terms also apply to males. The term “including” is by way of example and not limitation.
Miscellaneous Terms. In the event that a court of competent jurisdiction declares any of the conditions or terms herein invalid or unenforceable for any reason, the remaining provisions shall be given full force and effect. This Agreement shall be irrevocable by the parties hereto. Each party to this Agreement warrants and represents that the signatory hereof on its behalf has full, lawful authority to enter into this agreement. The parties further certify that there are no reservations or understandings except as provided in this Agreement. Any prior statements, offers, representations or understandings are deemed a matter of negotiation only and are merged into this Agreement which contains the only agreement between the parties regarding the subject matter described herein. Proprietor further certifies that there are no contracts or agreements with any other party regarding the subject matter herein.
Miscellaneous Terms. The parties to this Agreement declare and represent that:
Miscellaneous Terms. The term "or" shall not be exclusive. The terms "herein," "hereof," "hereto," "hereunder" and other terms similar to such terms shall refer to this Agreement as a whole and not merely to the specific article, section, paragraph or clause where such terms may appear. The term "including" shall mean "including, but not limited to."
Miscellaneous Terms. The provisions of Sections 17.4, 17.5, 17.6, 17.8, and 17.11 of the Management Agreement are applicable to this Amendment.
Miscellaneous Terms. For purposes of this Agreement, references to "fines" shall include any excise taxes assessed on Indemnitee with respect to an employee benefit plan; and references to "serving at the request of the Company or any Subsidiary or Affiliate" or words of similar import shall include any service as a director, officer, manager, employee, agent, representative or fiduciary of the Company which imposes duties on, or involves services by, such director, officer, manager, employee, representative, agent or fiduciary with respect to an employee benefit plan, or its participants or its beneficiaries; and if Indemnitee acted in good faith and in a manner Indemnitee reasonably believed to be in the interest of the participants and beneficiaries of an employee benefit plan, Indemnitee shall be deemed to have acted in a manner "not opposed to the best interests of the Company" as referred to in this Agreement or under any applicable law or statute.
Miscellaneous Terms. Borrower agrees that if Lender delays or foregoes enforcing Lender’s rights under this Agreement in any particular instance, Lender retains the right to strictly enforce the same provision in any other instance, or later in the same instance. Every person signing this Agreement waives, to the extent allowed by law, presentment, demand, protest, and notice of dishonor. Every person signing this Agreement agrees that Lender may renew, extend, supplement, or otherwise modify the debt represented by this Agreement and the documents evidencing the Existing Debt without the permission of any other person who is liable, and such modification will not release or reduce the liability of any party, even if that party does not sign this Agreement. ORAL AGREEMENTS DISCLAIMER:
Miscellaneous Terms. With reference to this Agreement and each other Loan Document, unless otherwise specified herein or in such other Loan Document:
Miscellaneous Terms. Each of the parties to this Agreement further represents, warrants, and agrees as follows: