Common use of References and Titles Clause in Contracts

References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words "this Agreement", "this instrument", "herein", "hereof", "hereby", "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation". Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires.

Appears in 28 contracts

Samples: Credit Agreement (Forcenergy Inc), Credit Agreement (Hecla Mining Co/De/), Credit Agreement (Devon Energy Corp/De)

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References and Titles. All references in this Agreement to ExhibitsAttachments, SchedulesArticles, articlesSections, sectionssubsections, subsections and other subdivisions refer to the ExhibitsAttachments, SchedulesArticles, articles, sectionsSections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions subdivision are for convenience only and do not constitute any part of any such subdivisions subdivision and shall be disregarded in construing the language contained in such subdivisionsthis Agreement. The words "this Agreement", "this instrument", "herein", "hereof", "hereby", "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this sectionArticle," "this Section" and "this subsection" and similar phrases refer only to the sections Articles, Sections or subsections hereof in which such phrases occurthe phrase occurs. The word "or" is not exclusive, and the word "including" (in all of its various forms) means "including without limitation". Pronouns in masculine, feminine and neuter genders gender shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, versa unless the context otherwise requires.

Appears in 10 contracts

Samples: Pledge Agreement (Specialty Laboratories), Pledge Agreement (Network Appliance Inc), Pledge Agreement (Network Appliance Inc)

References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words "this Agreement", ," "this instrument", ," "herein", ," "hereof", ," "hereby", ," "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation". ." Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires.

Appears in 7 contracts

Samples: Credit Agreement (Plains Resources Inc), Credit Agreement (Plains All American Pipeline Lp), Credit Agreement (Plains All American Pipeline Lp)

References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words "this Agreement", ",” “this instrument", ",” “herein", ",” “hereof", ",” “hereby", ",” “hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation". .” Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires. References to an “officer” or “officers” of the General Partner or any Restricted Person shall mean and include officers of such Person or the controlling management entity of such Person as provided in such Person’s organizational documents, as applicable.

Appears in 6 contracts

Samples: Credit Agreement (Plains All American Pipeline Lp), Day Credit Agreement (Plains All American Pipeline Lp), Credit Agreement (Plains All American Pipeline Lp)

References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words "this Agreement", "this instrument", "herein", "hereof", "hereby", "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word "or" is not exclusive, and ” has the word "including" (in its various forms) means "including without limitation"inclusive meaning frequently identified by the phrase “and/or”. Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires.

Appears in 4 contracts

Samples: Credit Agreement (Intrepid Potash, Inc.), Credit Agreement (St Lawrence Seaway Corp), Credit Agreement (Hawker Energy, Inc.)

References and Titles. All references in this Agreement to --------------------- Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words "this Agreement", ," "this instrument", ," "herein", ," "hereof", ," "hereby", ," "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation". ." Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires.

Appears in 4 contracts

Samples: Credit Agreement (Plains All American Pipeline Lp), Credit Agreement (Plains All American Pipeline Lp), Credit Agreement (Plains All American Pipeline Lp)

References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words "this Agreement", "this instrument", "herein", "hereof", "hereby", "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word "or" is not exclusive, and has the word inclusive meaning frequently identified by the phrase "including" (in its various forms) means "including without limitationand/or". Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires.

Appears in 4 contracts

Samples: Credit Agreement (Kodiak Oil & Gas Corp), Term Loan Agreement (Kestrel Energy Inc), Credit Agreement (Columbus Energy Corp)

References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words "this Agreement", ," "this instrument", ," "herein", ," "hereof", ," "hereby", ," "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation". ." Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires. References to an "officer" or "officers" of the General Partner or any Restricted Person shall mean and include officers of such Person or the controlling management entity of such Person as provided in such Person's organizational documents, as applicable.

Appears in 3 contracts

Samples: Credit Agreement (Plains All American Pipeline Lp), Credit Agreement (Plains All American Pipeline Lp), Credit Agreement (Plains All American Pipeline Lp)

References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words "this Agreement", "this instrument", "herein", "hereof", "hereby", "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation". ." Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires.

Appears in 3 contracts

Samples: Credit Agreement (Inland Resources Inc), Credit Agreement (St Mary Land & Exploration Co), Credit Agreement (Vista Energy Resources Inc)

References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words "this Agreement", "this instrument", "herein", "hereof", "hereby", "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. limited The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word "or" is not exclusive, and ” has the word "inclusive meaning frequently identified by the phrase “and/or”. The term “including" (in its various forms) means "including without limitation". Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires.

Appears in 3 contracts

Samples: Credit Agreement (Recovery Energy, Inc.), Credit Agreement (Recovery Energy, Inc.), Credit Agreement (Recovery Energy, Inc.)

References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words "this Agreement", "this instrument", "herein", "hereof", "hereby", "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation". Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires.

Appears in 2 contracts

Samples: Asset Transfer Agreement (Therapix Biosciences Ltd.), Credit Agreement (W&t Offshore Inc)

References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words "this Agreement", "this instrument", "herein", "hereof", "hereby", "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation". Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires.without

Appears in 2 contracts

Samples: Loan Agreement (Capital Senior Living Corp), Credit Agreement (Forcenergy Inc)

References and Titles. All references in this Agreement to Exhibitsexhibits, Schedulesschedules, articles, sections, subsections and other subdivisions refer to the Exhibitsexhibits, Schedulesschedules, articles, sections, subsections and other subdivisions of this Agreement unless otherwise expressly provided otherwiseprovided. Titles appearing at the beginning of any subdivisions Section and subdivision headings are for convenience only and only, do not constitute any part of such sections or subdivisions and shall be disregarded in construing the language contained in such sections or subdivisions. The words "this Agreement", "this instrument", "herein", "hereof", "hereby", "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision sections or subdivisions unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation". Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires.

Appears in 2 contracts

Samples: Credit Agreement (Mallon Resources Corp), Credit Agreement (Atp Oil & Gas Corp)

References and Titles. All references in this Agreement to --------------------- Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words "this Agreement", "this instrument", "herein", "hereof", "hereby", "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation". Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires.

Appears in 2 contracts

Samples: Loan Agreement (Western Gas Resources Inc), Credit Agreement (Key Production Co Inc)

References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words "this Agreement", "this instrument", "herein", "hereof", "hereby", "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation". Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires.

Appears in 2 contracts

Samples: Credit Agreement (Basin Exploration Inc), Loan Agreement (Payless Cashways Inc)

References and Titles. All references in this Agreement to Annexes, Exhibits, Schedules, Recitals, articles, sections, subsections and other subdivisions refer to the Annexes, Exhibits, Schedules, Recitals, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words "this Agreement", "this instrument", "herein", "hereof", "hereby", "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation". Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires.

Appears in 2 contracts

Samples: Joint Finance and Intercreditor Agreement (Aviva Petroleum Inc /Tx/), Credit Agreement (Aviva Petroleum Inc /Tx/)

References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words "this Agreement", ",” “this instrument", ",” “herein", ",” “hereof", ",” “hereby", ",” “hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation". .” Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires. References to an “officer” or “officers” of Borrower shall mean and include officers of such Person or the controlling management entity of such Person as provided in such Person’s organizational documents, as applicable.

Appears in 2 contracts

Samples: Credit Agreement (Plains All American Pipeline Lp), Credit Agreement (Plains All American Pipeline Lp)

References and Titles. All references in this Agreement to Exhibitsexhibits, Schedulesschedules, articles, sections, subsections and other subdivisions refer to the Exhibitsexhibits, Schedulesschedules, articles, sections, subsections and other subdivisions of this Agreement unless otherwise expressly provided otherwiseprovided. Titles appearing at the beginning of any subdivisions Section and subdivision headings are for convenience only and only, do not constitute any part of such Sections or subdivisions and shall be disregarded in construing the language contained in such Sections or subdivisions. The words "this Agreement", ," "this instrument", ," "herein", ," "hereof", ," "hereby", ," "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision Sections or subdivisions unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections Sections or subsections hereof in which such phrases occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation". ." Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires.

Appears in 1 contract

Samples: Credit Agreement (Black Hills Corp /Sd/)

References and Titles. All references in this Agreement to --------------------- Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words "this Agreement", "this instrument", "herein", "hereof"', "hereby", "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation". Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires.

Appears in 1 contract

Samples: Credit Agreement (Spinnaker Exploration Co)

References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words "this Agreement", ",” “this instrument", ",” “herein", ",” “hereof", ",” “hereby", ",” “hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word "or" is not exclusive, and ” has the word "including" (in its various forms) means "including without limitation". inclusive meaning frequently identified by the phrase “and/or.” Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires.

Appears in 1 contract

Samples: Credit Agreement (Pyr Energy Corp)

References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words "this Agreement", ," "this instrument", ," "herein", ," "hereof", ," "hereby", ," "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation". ." Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires. References to an "officer" or "officers" of Borrower shall mean and include officers of such Person or the controlling management entity of such Person as provided in such Person's organizational documents, as applicable.

Appears in 1 contract

Samples: Credit Agreement (Plains All American Pipeline Lp)

References and Titles. All references in this Agreement to Exhibits, Schedules, articlesArticles, sectionsSections, subsections Subsections, and other subdivisions refer to the Exhibits, Schedules, articlesArticles, sectionsSections, subsections Subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles and headings appearing at the beginning of any subdivisions subdivision are for convenience only and do not constitute any a part of any such subdivisions subdivision and shall be disregarded in construing the language contained in such subdivisionsthis Agreement. The words "this Agreement", "this instrument", ," "herein", ," "hereof", ," "hereby", ," "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this sectionArticle," "this Section" and "this subsectionSubsection" and similar phrases refer only to the sections Articles, Sections or subsections Subsections hereof in which such phrases occurthe phrase occurs. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation". Pronouns in masculine, feminine and neuter genders gender shall be construed to include any other gender, and words . Words in the singular form shall be construed to include the plural and vice versawords in the plural form shall be construed to include the singular, unless the context otherwise requires.. The words "operated as they have been operated on an historical basis" and words of similar import shall include physical operation, financial results of operation and all other aspects of operation, but shall not include changes or conditions affecting the industry or markets. ARTICLE II

Appears in 1 contract

Samples: Purchase and Sale Agreement (Giant Industries Inc)

References and Titles. All references in this Agreement to Exhibits, SchedulesArticles, articlesSections, sectionssubsections, subsections and other subdivisions refer to the Exhibits, SchedulesArticles, articlesSections, sectionsCHAPARRAL ENERGY, L.L.C. CREDIT AGREEMENT subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions subdivision are for convenience only and do not constitute any part of any such subdivisions subdivision and shall be disregarded in construing the language contained in such subdivisionsthis Agreement. The words "this Agreement", "this instrument", ",” “herein", ",” “hereof", ",” “hereby", ",” “hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this section" Section” and "this subsection" and similar phrases refer only to the sections Sections or subsections hereof in which such phrases occurthe phrase occurs. The word "or" is not exclusive, and the word "including" (in all of its various forms) means "including without limitation". Pronouns in masculine, feminine and neuter genders gender shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, versa unless the context otherwise requires.

Appears in 1 contract

Samples: Credit Agreement (Chaparral Energy, Inc.)

References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words "this Agreement", ," "this instrument", ," "herein", ," "hereof", ," "hereby", ," "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation". ." Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires.. References

Appears in 1 contract

Samples: Credit Agreement (Plains All American Pipeline Lp)

References and Titles. All references in this Agreement to Exhibitsexhibits, Schedulesschedules, articles, sections, subsections and other subdivisions refer to the Exhibitsexhibits, Schedulesschedules, articles, sections, subsections and other subdivisions of this Agreement unless otherwise expressly provided otherwiseprovided. Titles appearing at the beginning of any subdivisions Section and subdivision headings are for convenience only and only, do not constitute any part of such sections or subdivisions and shall be disregarded in construing the language contained in such sections or subdivisions. The words "this Agreement", ," "this instrument", ," "herein", ," "hereof", ," "hereby", ," "hereunder," and words of similar import refer to this Agreement as a whole and not to any particular subdivision sections or subdivisions unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation". Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires.

Appears in 1 contract

Samples: Note Purchase Agreement (Atp Oil & Gas Corp)

References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words "this Agreement", "this instrument", "herein", "hereof", "hereby", "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word "Unless set off with asterisks in this Agreement (i.e., *or" is not exclusive*), and the word "including" (in its various forms) means "including without limitation"“or” has the inclusive meaning frequently identified by the phrase “and/or”. Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires.

Appears in 1 contract

Samples: Credit Agreement (Carbon Energy Corp)

References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words "this Agreement", "this 364 Day Facility", "364 Day Facility", "this instrument", "herein", "hereof", "hereby", "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation". Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires.

Appears in 1 contract

Samples: Pledge Agreement (Pioneer Natural Resources Co)

References and Titles. All Unless otherwise expressly provided, all references in this Agreement to Exhibitsexhibits, Schedulesschedules, articles, sections, subsections and other subdivisions refer to the Exhibitsexhibits, Schedulesschedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwiseAgreement. Titles appearing at the beginning of any subdivisions Section and subdivision headings are for convenience only and only, do not constitute any part of such sections or subdivisions and shall be disregarded in construing the language contained in such sections or subdivisions. The words "this Agreement", ," "this instrument", ," "herein", ," "hereof", ," "hereby", ," "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision sections or subdivisions unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including including, without limitation". ." Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires.

Appears in 1 contract

Samples: Credit Agreement (Benz Energy LTD /Can/)

References and Titles. All references in this Credit Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Credit Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words "this Credit Agreement", "this instrument", "herein", "hereof", "hereby", "hereunder" and words of similar import refer to this Credit Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation". Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires.

Appears in 1 contract

Samples: Credit Agreement (Callon Petroleum Co)

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References and Titles. All references in this Agreement to --------------------- Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words "this Agreement", "this instrument", "herein", "hereof", "hereby", "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation". ." Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires.

Appears in 1 contract

Samples: Credit Agreement (Inland Resources Inc)

References and Titles. All references in this Agreement to Exhibits, SchedulesArticles, articlesSections, sectionssubsections, subsections and other subdivisions refer to the Exhibits, SchedulesArticles, articles, sectionsSections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions subdivision are for convenience only and do not constitute any part of any such subdivisions subdivision and shall be disregarded in construing the language contained in such subdivisionsthis Agreement. The words "this Agreement", "this instrument", "herein", "hereof", "hereby", "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this sectionSection" and "this subsection" and similar phrases refer only to the sections Sections or subsections hereof in which such phrases occurthe phrase occurs. The word "or" is not exclusive, and the word "including" (in all of its various forms) means "including without limitation". Pronouns in masculine, feminine and neuter genders gender shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, versa unless the context otherwise requires. 1.

Appears in 1 contract

Samples: Security Agreement (Hispanic Television Network Inc)

References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisionssubdivision. The words "this Agreement", ",” “this instrument", ",” “herein", ",” “hereof", ",” “hereby", ",” “hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation". .” Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Universal Compression Holdings Inc)

References and Titles. All references in this Agreement to Exhibits, SchedulesArticles, articlesSections, sectionssubsections, subsections and other subdivisions refer to the Exhibits, SchedulesArticles, articlesSections, sectionsCHAPARRAL ENERGY, L.L.C. SEVENTH RESTATED CREDIT AGREEMENT subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions subdivision are for convenience only and do not constitute any part of any such subdivisions subdivision and shall be disregarded in construing the language contained in such subdivisionsthis Agreement. The words "this Agreement", "this instrument", ",” “herein", ",” “hereof", ",” “hereby", ",” “hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this section" Section” and "this subsection" and similar phrases refer only to the sections Sections or subsections hereof in which such phrases occurthe phrase occurs. The word "or" is not exclusive, and the word "including" (in all of its various forms) means "including without limitation". Pronouns in masculine, feminine and neuter genders gender shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, versa unless the context otherwise requires.

Appears in 1 contract

Samples: Credit Agreement (Chaparral Energy, Inc.)

References and Titles. All references in this Agreement to Exhibits, SchedulesArticles, articlesSections, sectionssubsections, subsections and other subdivisions refer to the Exhibits, SchedulesArticles, articles, sectionsSections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions subdivision are for convenience only and do not CHAPARRAL ENERGY, L.L.C. CREDIT AGREEMENT constitute any part of any such subdivisions subdivision and shall be disregarded in construing the language contained in such subdivisionsthis Agreement. The words "this Agreement", "this instrument", ",” “herein", ",” “hereof", ",” “hereby", ",” “hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this section" Section” and "this subsection" and similar phrases refer only to the sections Sections or subsections hereof in which such phrases occurthe phrase occurs. The word "or" is not exclusive, and the word "including" (in all of its various forms) means "including without limitation". Pronouns in masculine, feminine and neuter genders gender shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, versa unless the context otherwise requires.

Appears in 1 contract

Samples: Credit Agreement (Chaparral Energy, Inc.)

References and Titles. All references in this Agreement to Exhibitsexhibits, Schedulesschedules, articles, sections, subsections and other subdivisions refer to the Exhibitsexhibits, Schedulesschedules, articles, sections, subsections and other subdivisions of this Agreement unless otherwise expressly provided otherwiseprovided. Titles appearing at the beginning of any subdivisions Section and subdivision headings are for convenience only and only, do not 921350_11 constitute any part of such sections or subdivisions and shall be disregarded in construing the language contained in such sections or subdivisions. The words "this Agreement", "this instrument", "herein", "hereof"', "hereby", "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision sections or subdivisions unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation". Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires.

Appears in 1 contract

Samples: Advancing Term Credit Agreement (Westside Energy Corp)

References and Titles. All references in this Agreement to --------------------- Annexes, Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Annexes, Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words "this Agreement", "this instrument", "herein", "hereof", "hereby", "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation". Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires.

Appears in 1 contract

Samples: Credit Agreement (Inland Resources Inc)

References and Titles. All references in this Agreement --------------------- to Exhibits, Schedules, Annexes, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, Annexes, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words "this Agreement", "this instrument", "herein", "hereof", "hereby", "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation". ." Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires.

Appears in 1 contract

Samples: Credit Agreement (Inland Resources Inc)

References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words "this Agreement", "this instrument", "herein", "hereof"', "hereby", "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation". Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires.

Appears in 1 contract

Samples: Credit Agreement (Spinnaker Exploration Co)

References and Titles. All references in this Agreement to Exhibits, Schedulesexhibits, articles, paragraph, subparagraph, sections, subsections and other subdivisions refer to the Exhibits, Schedulesexhibits, articles, paragraphs, subparagraphs, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of beginningof any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words "this Agreement", "this instrument"“herein”, "herein"“hereof”, "hereof"“hereby”, "hereby", "hereunder" and words of similar import refer to this Agreement Agreements as a whole and not to any particular subdivision unless expressly so limited. The phrases "this section" paragraph” and "this subsection" subparagraph” and similar phrases refer only to the sections paragraphs or subsections hereof in subparagraphs hereofin which such phrases occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation". .” Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context clearly otherwise requires.

Appears in 1 contract

Samples: Whisper Valley Master Parkland Agreement

References and Titles. All references in this Agreement to Exhibits, Schedules, articlesArticles, sectionsSections, subsections subsections, and other subdivisions refer to the Exhibits, SchedulesArticles, articles, sectionsSections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions subdivision are for convenience only and do not constitute any part of any such subdivisions subdivision and shall be disregarded in construing the language contained in such subdivisionsthis Agreement. The words "this Agreement", "this instrument", ," "herein", ," "hereof", ," "hereby", ," "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this sectionSection" and "this subsection" and similar phrases refer only to the sections Sections or subsections hereof in which such phrases occurthe phrase occurs. The word "or" is not exclusive, and the word "including" (in all of its various forms) means "including without limitation". Pronouns in masculine, feminine and neuter genders gender shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, versa unless the context otherwise requires.

Appears in 1 contract

Samples: Pledge Agreement (Quest Resource Corp)

References and Titles. All references in this Agreement to Exhibitsexhibits, Schedulesschedules, articles, sections, subsections and other subdivisions refer to the Exhibitsexhibits, Schedulesschedules, articles, sections, subsections and other subdivisions of this Agreement unless otherwise expressly provided otherwiseprovided. Titles appearing at the beginning of any subdivisions Section and subdivision headings are for convenience only and only, do not constitute any part of such sections or subdivisions and shall be disregarded in construing the language contained in such sections or subdivisions. The words "this Agreement", ",” “this instrument", ",” “herein", ",” “hereof", ",” “hereby", ",” “hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision sections or subdivisions unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation". .” Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires.

Appears in 1 contract

Samples: Advancing Term Credit Agreement (BPI Energy Holdings, Inc.)

References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words "this Agreement", "this Primary Credit Facility", "Primary Credit Facility", "this instrument", "herein", "hereof", "hereby", "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation". Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires.

Appears in 1 contract

Samples: Pledge Agreement (Pioneer Natural Resources Co)

References and Titles. All references in this Agreement to Exhibits, SchedulesArticles, articlesSections, sectionssubsections, subsections and other subdivisions refer to the Exhibits, SchedulesArticles, articles, sectionsSections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions subdivision are for convenience only and do not constitute any part of any such subdivisions subdivision and shall be disregarded in construing the language contained in such subdivisionsthis Agreement. The words "this Agreement", "this instrument", ," "herein", ," "hereof", ," "hereby", ," "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this sectionSection" and "this subsection" and similar phrases refer only to the sections Sections or subsections hereof in which such phrases occurthe phrase occurs. The word "or" is not exclusive, and the word "including" (in all of its various forms) means "including without limitation". Pronouns in masculine, feminine and neuter genders gender shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, versa unless the context otherwise requires. CUSIP Nos.: 000000000 Page 75 of 86 848926200 ARTICLE II

Appears in 1 contract

Samples: Pledge Agreement (Boyle Fleming & Co Inc)

References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words "this Agreement", "this Primary Facility", "Primary Facility", "this instrument", "herein", "hereof", "hereby", "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation". Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires.

Appears in 1 contract

Samples: Pledge Agreement (Pioneer Natural Resources Co)

References and Titles. All references in this Agreement to Exhibits, SchedulesArticles, articlesSections, sectionssubsections, subsections and other subdivisions refer to the Exhibits, SchedulesArticles, articles, sectionsSections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions subdivision are for convenience only and do not constitute any part of any such subdivisions subdivision and shall be disregarded in construing the language CHAPARRAL ENERGY, L.L.C. SEVENTH RESTATED CREDIT AGREEMENT contained in such subdivisionsthis Agreement. The words "this Agreement", "this instrument", ",” “herein", ",” “hereof", ",” “hereby", ",” “hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this section" Section” and "this subsection" and similar phrases refer only to the sections Sections or subsections hereof in which such phrases occurthe phrase occurs. The word "or" is not exclusive, and the word "including" (in all of its various forms) means "including without limitation". Pronouns in masculine, feminine and neuter genders gender shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, versa unless the context otherwise requires.

Appears in 1 contract

Samples: Credit Agreement (Chaparral Energy, Inc.)

References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement and the other Note Agreements unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words "this Agreement", "this instrument", "herein", "hereof", "hereby", "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation". Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires.

Appears in 1 contract

Samples: Note Purchase Agreement (Kaneb Pipe Line Partners L P)

References and Titles. All references in this Agreement to Exhibits, Schedules, Annexes, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, Annexes, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words "this Agreement", "this instrument", "herein", "hereof", "hereby", "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation". ." Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires.

Appears in 1 contract

Samples: Credit Agreement (Inland Resources Inc)

References and Titles. All references in this Agreement to Exhibits, Schedules, articles, sections, subsections and other subdivisions refer to the Exhibits, Schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any subdivisions are for convenience only and do not constitute any part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions. The words "this Agreement", "this instrument", "herein", "hereof", "hereby", "hereunder" and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The phrases "this section" and "this subsection" and similar phrases refer only to the sections or subsections hereof in which such phrases occur. The Unless set off with asterisks in this Agreement (i.e., *or*), the word "or" is not exclusive, and has the word inclusive meaning frequently identified by the phrase "including" (in its various forms) means "including without limitationand/or". Pronouns in masculine, feminine and neuter genders shall be construed to include any other gender, and words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise requires.

Appears in 1 contract

Samples: Credit Agreement (Carbon Energy Corp)

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