Common use of Other Definitions; Rules of Construction Clause in Contracts

Other Definitions; Rules of Construction. The foregoing definitions include both the singular and the plural forms thereof and shall be construed accordingly. All computations required hereunder and all financial terms used herein shall be made or construed in accordance with Agreement Accounting Principles unless such principles are inconsistent with the express requirements of this Agreement; provided that, if the Borrower notifies the Bank that the Borrower wishes to amend any covenant in Article VI to eliminate the effect of any change in Agreement Accounting Principles in the operation of such covenant (or if the Bank notifies the Borrower that the Bank wishes to amend Article VI for such purpose), then the Borrower's compliance with such covenant shall be determined on the basis of Agreement Accounting Principles in effect immediately before the relevant change in Agreement Accounting Principles became effective, until either such notice is withdrawn or such covenant is amended in a manner satisfactory to the Borrower and the Bank. Use of the terms "herein", "hereof", and "hereunder" shall be deemed references to this entire Agreement and not to the Section or clause in which the term appears. References to "Sections" and "subsections" shall be to Sections and subsections, respectively, of this Agreement unless otherwise specifically provided.

Appears in 3 contracts

Samples: Credit Agreement (Hurco Companies Inc), Credit Agreement (Hurco Companies Inc), Credit Agreement (Hurco Companies Inc)

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Other Definitions; Rules of Construction. The foregoing definitions As used herein, the terms "Agent", "Banks", "Company", "Borrower", "Borrowers", "Borrowing Subsidiary", "Borrowing Subsidiaries", and "this Agreement" shall have the respective meanings ascribed thereto in the introductory paragraphs of this Agreement. Such terms, together with the other terms defined in Section 1.1, shall include both the singular and the plural forms thereof and shall be construed accordingly. All computations required hereunder and all financial terms used herein shall be made or construed in accordance with Agreement Generally Accepted Accounting Principles unless such principles are inconsistent with the express requirements of this Agreement; Agreement provided that, if the Borrower Company notifies the Bank Agent that the Borrower Company wishes to amend any covenant in Article VI V to eliminate the effect of any change in Agreement Generally Accepted Accounting Principles in the operation of such covenant (or if the Bank Agent notifies the Borrower Company that the Bank wishes Majority Banks wish to amend Article VI V for such purpose), then the Borrower's Borrowers' compliance with such covenant shall be determined on the basis of Agreement Generally Accepted Accounting Principles in effect immediately before the relevant change in Agreement Generally Accepted Accounting Principles became effective, until either such notice is withdrawn or such covenant is amended in a manner satisfactory to the Borrower Borrowers and the BankMajority Banks. Use of the terms "herein", "hereof", and "hereunder" shall be deemed references to this entire Agreement in its entirety and not to the Section or clause in which the such term appears. References to "Sections" and "subsections" shall be to Sections and subsections, respectively, of this Agreement unless otherwise specifically provided.

Appears in 3 contracts

Samples: Day Loan Agreement (Jabil Circuit Inc), Jabil Circuit Inc, Jabil Circuit Inc

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