Common use of Other Defined Terms; Interpretation Clause in Contracts

Other Defined Terms; Interpretation. For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: (i) reference to and the definition of any document (including this Agreement) shall be deemed a reference to such document as it may be amended or modified from time to time; (ii) all references to an “Article,” “Section,” “Schedule” or “Exhibit” are to an Article or Section hereof or to a Schedule or an Exhibit attached hereto; (iii) defined terms in the singular shall include the plural and vice versa and the masculine, feminine or neuter gender shall include all genders; (iv) the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement; (v) unless otherwise specified herein, the term “or” has the inclusive meaning represented by the term “and/or” and the term “including” is not limiting; (vi) in the computation of periods of time from a specified date to a later specified date, unless otherwise specified herein, the words “commencing on” mean “commencing on and including,” the word “from” means “from and including” and the words “to” and “until” each means “to but excluding”; (vii) periods of days referred to in this Agreement shall be counted in calendar days unless Business Days are expressly prescribed and references in this Agreement to months and years shall be to months and calendar years unless otherwise specified; (viii) accounting terms not otherwise defined herein and accounting terms partly defined herein to the extent not defined, shall have the respective meanings given to them under GAAP; (ix) “including” and words of similar import will be deemed to be followed by “without limitation”; (x) references to any PMH Document (including this Agreement) and any other agreement shall be deemed a reference to such PMH Document or such PMH Document as it may be amended, restated, supplement or otherwise modified from time to time; and (xi) references to any statute, law, rule or regulation shall be deemed a reference to such statute, law, rule or regulation as it may be amended or modified from time to time.

Other Defined Terms; Interpretation. (a) Other terms defined are in the other parts of this Agreement indicated below: “Amended and Restated Guaranty” 6.2(c) “Closing Date” 2.3 “Company” Preamble “Financial Projections” 4.5(b) “Financial Statements” 4.5(a) “Initial Purchase Agreement” Recitals “Parent Guaranty” 6.2(c) “Purchase Price” 2.2 “Purchased Membership Interests” Recitals “Purchaser” Preamble “Repurchase Agreement” 6.2(c) “Seller” Preamble (b) For all the purposes of this Agreement, except as otherwise expressly provided or unless to the extent that the context otherwise requires: (i) reference to and the definition of any document (including this Agreement) shall be deemed when a reference is made in this Agreement to an Article, Section or Exhibit, such document as it may be amended reference is to an Article or modified from time to timeSection of, or an Exhibit to, this Agreement unless otherwise indicated; (ii) all references to an “Article,” “Section,” “Schedule” the table of contents and headings for this Agreement are for reference purposes only and do not affect in any way the meaning or “Exhibit” are to an Article or Section hereof or to a Schedule or an Exhibit attached heretointerpretation of this Agreement; (iii) defined terms whenever the words “include,” “includes” or “including” (or similar terms) are used in this Agreement, they are deemed to be followed by the singular shall include the plural and vice versa and the masculine, feminine or neuter gender shall include all genderswords “without limitation”; (iv) the words “hereof,” “herein” and “hereunder” and words of similar import import, when used in this Agreement shall Agreement, refer to this Agreement as a whole and not to any particular provision of this Agreement; (v) all terms defined in this Agreement have their defined meanings when used in any certificate or other document made or delivered pursuant hereto, unless otherwise specified herein, the term “or” has the inclusive meaning represented by the term “and/or” and the term “including” is not limitingdefined therein; (vi) the definitions contained in this Agreement are applicable to the computation singular as well as the plural forms of periods of time from a specified date to a later specified date, unless otherwise specified herein, the words “commencing on” mean “commencing on and including,” the word “from” means “from and including” and the words “to” and “until” each means “to but excluding”such terms; (vii) periods of days referred if any action is to in be taken by any party hereto pursuant to this Agreement on a day that is not a Business Day, such action shall be counted in calendar days unless taken on the next Business Days are expressly prescribed and references in this Agreement to months and years shall be to months and calendar years unless otherwise specifiedDay following such day; (viii) accounting terms not otherwise defined herein references to a Person are also to its heirs, personal representatives, permitted successors and accounting terms partly defined herein to the extent not defined, shall have the respective meanings given to them under GAAPassigns; (ix) the use of “includingor” and words of similar import will be deemed is not intended to be followed by “without limitation”exclusive unless expressly indicated otherwise; (x) references to any PMH Document (including this Agreement) and any other agreement shall be deemed a reference to such PMH Document or such PMH Document as it may be amended, restated, supplement or otherwise modified from time to time; and (xi) references to any statute, law, rule or regulation shall be deemed a reference to such statute, law, rule or regulation as it may be amended or modified from time to time.

Other Defined Terms; Interpretation. Any capitalized terms used and not defined herein shall have the meaning set forth in the Participation Agreement or, if not therein defined, in the Base Indenture or incorporated therein by reference to another Program Agreement. For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: (i) reference to and the definition of any document (including this Agreement) shall be deemed a reference to such document as it may be amended or modified from time to time; (ii) all references to an “Article,” “Section,” “Schedule” or “Exhibit” are to an Article or Section hereof or to a Schedule or an Exhibit attached hereto; (iii) defined terms in the singular shall include the plural and vice versa and the masculine, feminine or neuter gender shall include all genders; (iv) the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement; (v) unless otherwise specified herein, the term “or” has the inclusive meaning represented by the term “and/or” and the term “including” is not limiting; (vi) in the computation of periods of time from a specified date to a later specified date, unless otherwise specified herein, the words “commencing on” mean “commencing on and including,” the word “from” means “from and including” and the words “to” and “until” each means “to but excluding”; (vii) periods of days referred to in this Agreement shall be counted in calendar days unless Business Days are expressly prescribed and references in this Agreement to months and years shall be to months and calendar years unless otherwise specified; (viii) accounting terms not otherwise defined herein and accounting terms partly defined herein to the extent not defined, shall have the respective meanings given to them under GAAP; (ix) “including” and words of similar import will be deemed to be followed by “without limitation”; (x) references to any PMH Document (including this Agreement) and any other agreement shall be deemed a reference to such PMH Document or such PMH Document as it may be amended, restated, supplement or otherwise modified from time to time; and (xi) references to any statute, law, rule or regulation shall be deemed a reference to such statute, law, rule or regulation as it may be amended or modified from time to time; (xi) references to any Program Agreement (including this Agreement) and any other agreement shall be deemed a reference to such Program Agreement or such Program Agreement as it may be amended, restated, supplemented or otherwise modified from time to time; and (xii) all references to payments or deliveries of “cash” shall be understood to mean “immediately available funds” or “available funds held in a deposit account,” as the context may require.

Other Defined Terms; Interpretation. Any capitalized terms used and not defined herein shall have the meaning set forth in the Indenture. For all purposes of this Agreement, except as otherwise expressly provided or unless the context otherwise requires: (i) reference to and the definition of any document (including this Agreement) shall be deemed a reference to such document as it may be amended or modified from time to time; (ii) all references to an “Article,” “Section,” “Schedule” or “Exhibit” are to an Article or Section hereof or to a Schedule or an Exhibit attached hereto; (iii) defined terms in the singular shall include the plural and vice versa and the masculine, feminine or neuter gender shall include all genders; (iv) the words “hereof,” “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement; (v) unless otherwise specified herein, the term “or” has the inclusive meaning represented by the term “and/or” and the term “including” is not limiting; (vi) in the computation of periods of time from a specified date to a later specified date, unless otherwise specified herein, the words “commencing on” mean “commencing on and including,” the word “from” means “from and including” and the words “to” and “until” each means “to but excluding”; (vii) periods of days referred to in this Agreement shall be counted in calendar days unless Business Days are expressly prescribed and references in this Agreement to months and years shall be to months and calendar years unless otherwise specified; (viii) accounting terms not otherwise defined herein and accounting terms partly defined herein to the extent not defined, shall have the respective meanings given to them under GAAP; (ix) “including” and words of similar import will be deemed to be followed by “without limitation”; (x) references to any PMH Document Program Agreement (including this Agreement) and any other agreement shall be deemed a reference to such PMH Document Program Agreement or such PMH Document Program Agreement as it may be amended, restated, supplement or otherwise modified from time to time; and (xi) references to any statute, law, rule or regulation shall be deemed a reference to such statute, law, rule or regulation as it may be amended or modified from time to time.