Common use of References and Titles Clause in Contracts

References and Titles. Titles appearing at the beginning of any Articles, Sections, subsection, or other subdivisions of this Agreement are for convenience only, do not constitute any part of such Articles, Sections, subsections or other subdivisions, and shall be disregarded in construing the language contained therein. The words "this Agreement," "herein," "hereby," "hereunder," and "hereof" and words of similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words "this Section," "this subsection," and words of similar import, refer only to the Sections or subsections hereof in which such words occur. The word "including" (in its various forms) means "including without limitation." Pronouns in masculine, feminine or neuter genders shall be construed to state and include any other gender, and words, terms and titles (including terms defined herein) in the singular form shall be construed to include the plural and vice versa, unless the context otherwise expressly requires. Unless the context otherwise requires, all defined terms contained herein shall include the singular and plural and the conjunctive and disjunctive forms of such defined terms.

Appears in 5 contracts

Samples: Stock Purchase Agreement (Wiser Oil Co), Stockholder Agreement (Wiser Investors Lp), Stockholder Agreement (Wiser Investment Co LLC)

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

Appears in 5 contracts

Samples: Exchange Agreement (Capstar Broadcasting Partners Inc), Asset Purchase Agreement (Capstar Broadcasting Partners Inc), Asset Purchase Agreement (Capstar Broadcasting Partners Inc)

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

Appears in 4 contracts

Samples: Stock Purchase Agreement (Wiser Investors Lp), Stock Purchase Agreement (Wiser Oil Co), Employment Agreement (Wiser Oil 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 Articles, Sections, subsection, or other subdivisions of this Agreement are for convenience only, only and do not constitute any part of such Articles, Sections, subsections or other subdivisions, subdivisions and shall be disregarded in construing the language contained thereinin such subdivisions. The words "this Agreement," "”, “this instrument”, “herein," "”, “hereof”, “hereby," "”, “hereunder," and "hereof" and words of similar import, import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words "phrases “this Section," "section” and “this subsection," and words of similar import, phrases refer only to the Sections sections or subsections hereof in which such words phrases occur. The word "“or” is not exclusive, and the word “including" (in its various forms) means "including without limitation." ”. Pronouns in masculine, feminine or and neuter genders shall be construed to state and include any other gender, and words, terms and titles (including terms defined herein) words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise expressly requires. Unless All references to any Person shall be construed to include such Person’s successors and assigns, provided such successors and assigns are permitted by the context otherwise requires, all defined terms contained herein shall include the singular and plural and the conjunctive and disjunctive forms of such defined termsLoan Documents.

Appears in 4 contracts

Samples: Credit Agreement (W&t Offshore Inc), Credit Agreement (W&t Offshore Inc), Term Loan 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 corresponding Exhibits, Schedules, Articles, Sections, subsections and other subdivisions of or to this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsection, subsections or other subdivisions of this Agreement are for convenience only, do not constitute any part of such Articles, Sections, subsections or other subdivisionsthis Agreement, and shall be disregarded in construing the language contained thereinhereof. The words "this Agreementagreement," "herein," "hereby," "hereunder," and "hereof," and words of similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words "this Sectionarticle," "this section" and "this subsection," and words of similar import, refer only to the Sections Article, Section or subsections Subsection hereof in which such words occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation." Pronouns in masculine, feminine or neuter genders shall be construed to state and include any other gender, and words, terms and titles (including terms defined herein) in the singular form shall be construed to include the plural and vice versa, unless the context otherwise expressly requires. Unless the context otherwise requires, all defined terms contained herein shall include the singular and plural and the conjunctive and disjunctive forms of such defined terms.

Appears in 3 contracts

Samples: Acquisition Agreement (Johnson Michael E), Acquisition Agreement (Cranberg Alex), Acquisition Agreement (Frontier Natural Gas Corp)

References and Titles. All references in this Agreement to Exhibits, Schedules, Articles, Sections, subsections and other subdivisions refer to the corresponding Exhibits, Schedules, Articles, Sections, subsections and other subdivisions of or to this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsection, subsections or other subdivisions of this Agreement are for convenience only, do not constitute any part of such Articles, Sections, subsections or other subdivisionsthis Agreement, and shall be disregarded in construing the language contained thereinhereof. The words "this Agreement," "herein," "hereby," "hereunder," and "hereof," and words of similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words "this SectionArticle," "this Section" and "this subsection," and words of similar import, refer only to the Sections Article, Section or subsections subsection hereof in which such words occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation." . Pronouns in masculine, feminine or neuter genders shall be construed to state and include any other gender, and words, terms and titles (including terms defined herein) in the singular form shall be construed to include the plural and vice versa, unless the context otherwise expressly requires. Unless As used in the context otherwise requiresrepresentations and warranties contained in this Agreement, all defined terms contained herein the phrase "to the knowledge" of the representing Party shall include the singular and plural and the conjunctive and disjunctive forms mean that Responsible Officers of such defined termsParty, individually or collectively, either (a) know that the matter being represented and warranted is true and accurate or (b) have no reason, after reasonable inquiry, to believe that the matter being represented and warranted is not true and accurate.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Magnum Hunter Resources Inc), Agreement and Plan of Merger (Southwest Royalties Inc Income Fund Vi), Separation Agreement (Home Stake Oil & Gas 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 Articles, Sections, subsection, or other subdivisions of this Agreement are for convenience only, only and do not constitute any part of such Articles, Sections, subsections or other subdivisions, subdivisions and shall be disregarded in construing the language contained thereinin such subdivisions. The words "this Agreement," THIS AGREEMENT"herein," , "hereby," THIS INSTRUMENT"hereunder," and , "hereofHEREIN", "HEREOF", "HEREBY", "HEREUNDER" and words of similar import, import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words phrases "this Section," "this subsection,THIS SECTION" and words of "THIS SUBSECTION" and similar import, phrases refer only to the Sections sections or subsections hereof in which such words phrases occur. The word "includingOR" is not exclusive, and the word "INCLUDING" (in its various forms) means "including without limitation." INCLUDING WITHOUT LIMITATION". Pronouns in masculine, feminine or and neuter genders shall be construed to state and include any other gender, and words, terms and titles (including terms defined herein) words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise expressly requires. Unless the context otherwise requires, all defined terms contained herein shall include the singular and plural and the conjunctive and disjunctive forms of such defined terms.

Appears in 2 contracts

Samples: Credit Agreement (STB Systems Inc), Credit Agreement (3dfx Interactive Inc)

References and Titles. All references in this Agreement to Exhibits, Schedules, Articles, Sections, subsections, and other subdivisions and to the recitals refer to the corresponding Exhibits, Schedules, Articles, Sections, subsections, and subdivisions and to the recitals of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsectionsubsections, or other subdivisions of this Agreement are for convenience only, do not constitute any part of such Articles, Sections, subsections or other subdivisions, and shall be disregarded in construing the language contained therein. The words "this Agreement," "” “herein," "” “hereby," "” “hereunder," and "hereof" ,” and words of similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words "this Section," "” “this subsection," and words of similar import, refer only to the Sections or subsections hereof in which such words occur. The word "including" (in its various forms) means "including without limitation." Pronouns in masculine, feminine or neuter genders shall be construed to state and include any other gender, gender and words, terms and titles (including terms defined herein) in the singular form shall be construed to include the plural and vice versa, unless the context otherwise expressly requires. Unless the context otherwise requires, all defined terms contained herein shall include the singular and plural and the conjunctive and disjunctive forms of such defined terms.

Appears in 2 contracts

Samples: Latin America Purchase Agreement (Directv Group Inc), Latin America Purchase Agreement (Directv Group Inc)

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

Appears in 2 contracts

Samples: Purchase Agreement (Pappas Christopher James), Purchase Agreement (Lubys Inc)

References and Titles. All references in this Agreement to Exhibits, Schedules, Articles, Sections, subsections and other subdivisions refer to the corresponding Exhibits, Schedules, Articles, Sections, subsections and other subdivisions of or to this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsection, subsections or other subdivisions of this Agreement are for convenience only, do not constitute any part of such Articles, Sections, subsections or other subdivisionsthis Agreement, and shall be disregarded in construing the language contained thereinhereof. The words "this Agreement," "” “herein," "” “hereby," "” “hereunder” and “hereof," and "hereof" and words of similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words "“this Article,” “this Section” and “this Subsection," "this subsection," and words of similar import, refer only to the Sections Article, Section or subsections subsection hereof in which such words occur. The word "“OR” is not exclusive, and the word “including" (in its various forms) means "including without limitation." . Pronouns in masculine, feminine or neuter genders shall be construed to state and include any other gender, and words, terms and titles (including terms defined herein) in the singular form shall be construed to include the plural and vice versa, unless the context otherwise expressly requires. Unless the context otherwise requires, all defined terms contained herein shall include the singular and plural and the conjunctive and disjunctive forms of such defined terms.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (New Ulm Telecom Inc), Asset Purchase Agreement (Iowa Telecommunications Services Inc)

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

Appears in 2 contracts

Samples: Asset Purchase and Sale Agreement (Jones Energy, Inc.), Asset Purchase and Sale Agreement (Jones Energy, Inc.)

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

Appears in 2 contracts

Samples: Asset Purchase Agreement (NCR Corp), Asset Purchase Agreement (NCR 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 Articles, Sections, subsection, or other subdivisions of this Agreement are for convenience only, only and do not constitute any part of such Articles, Sections, subsections or other subdivisions, subdivisions and shall be disregarded in construing the language contained thereinin such subdivisions. The words "this Agreement," THIS AGREEMENT"herein," , "hereby," THIS INSTRUMENT"hereunder," and , "hereofHEREIN", "HEREOF", "HEREBY", "HEREUNDER" and words of similar import, import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words phrases "this Section," "this subsection,THIS SECTION" and words of "THIS SUBSECTION" and similar import, phrases refer only to the Sections sections or subsections hereof in which such words phrases occur. The word "includingOR" is not exclusive, and the word "INCLUDING" (in its various forms) means "including without limitation." INCLUDING WITHOUT LIMITATION". Pronouns in masculine, feminine or and neuter genders shall be construed to state and include any other gender, and words, terms and titles (including terms defined herein) words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise expressly requires. Unless the context otherwise requires, The foregoing shall apply to all defined terms contained herein shall include the singular and plural and the conjunctive and disjunctive forms of such defined termsLoan Documents.

Appears in 2 contracts

Samples: Master Loan Agreement (Alternative Living Services Inc), Loan Agreement (Brookdale Senior Living Inc.)

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

Appears in 2 contracts

Samples: Purchase Agreement (Internet America Inc), Purchase Agreement (Mihaylo Steven G)

References and Titles. All references in this Agreement to exhibits, schedules, articles, sections, subsections and other subdivisions refer to the corresponding exhibits, schedules, articles, sections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articlesarticle, Sectionssection, subsection, subsection or other subdivisions subdivision of this Agreement are for convenience only, do not constitute any part of such Articlesarticle, Sectionssection, subsections subsection or other subdivisionssubdivision, and shall be disregarded in construing the language contained therein. The words "this Agreement," "”, “herein," "”, “hereby," "”, “hereunder," ”, and "hereof" and words of similar import, import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words "this Section," "”, “this subsection," and words of similar import, import refer only to the Sections sections or subsections hereof in which such words occur. The word "including" (in its various forms) means "including without limitation." Pronouns in masculine, feminine or neuter genders shall be construed to state and include any other gender, and words, terms and titles (including terms defined herein) in the singular form shall be construed to include the plural and vice versa, unless the context otherwise expressly requires. Unless the context otherwise requires, all defined terms contained herein shall include the singular and plural and the conjunctive and disjunctive forms of such defined terms.

Appears in 2 contracts

Samples: Acquisition Agreement (CleanTech Biofuels, Inc.), Acquisition Agreement (CleanTech Biofuels, Inc.)

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

Appears in 2 contracts

Samples: Purchase Agreement (SCF Iv Lp), Purchase Agreement (Inverness Phoenix Partners Lp)

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

Appears in 1 contract

Samples: 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 corresponding Exhibits, Schedules, Articles, Sections, subsections, and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsectionsubsections, or other subdivisions of this Agreement are for convenience only, do not constitute any part of such Articles, Sections, subsections or other subdivisions, and shall be disregarded in construing the language contained therein. The words "this AgreementTHIS AGREEMENT," "hereinHEREIN," "herebyHEREBY," "hereunderHEREUNDER," and "hereofHEREOF," and words of similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words "this SectionTHIS SECTION," "this subsectionTHIS SUBSECTION," and words of similar import, refer only to the Sections or subsections hereof in which such words occur. The word "includingINCLUDING" (in its various forms) means "including without limitation." Pronouns in masculine, feminine feminine, or neuter genders shall be construed to state and include any other gender, gender and words, terms terms, and titles (including terms defined herein) in the singular form shall be construed to include the plural and vice versa, unless the context otherwise expressly requires. Unless the context otherwise requires, all defined terms contained herein shall include the singular and plural and the conjunctive and disjunctive forms of such defined terms.

Appears in 1 contract

Samples: Purchase Agreement (Input Output 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. All references in this Agreement to any Person refer to such Person's successors and assigns unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsection, or other subdivisions of this Agreement are for convenience only, only and do not constitute any part of such Articles, Sections, subsections or other subdivisions, subdivisions and shall be disregarded in construing the language contained thereinin such subdivisions. The words "this Agreement," ", "this instrument", "herein," ", "hereof", "hereby," ", "hereunder," and "hereof" and words of similar import, import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words phrases "this Section,section" and "this subsection," and words of similar import, phrases refer only to the Sections sections or subsections hereof in which such words phrases occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation." ". Pronouns in masculine, feminine or and neuter genders shall be construed to state and include any other gender, and words, terms and titles (including terms defined herein) words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise expressly requires. Unless the context otherwise requires, all defined terms contained herein shall include the singular and plural and the conjunctive and disjunctive forms of such defined terms7. 8. Section 1.

Appears in 1 contract

Samples: Credit Agreement (Midcoast 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 Articles, Sections, subsection, or other subdivisions of this Agreement are for convenience only, only and do not constitute any part of such Articles, Sections, subsections or other subdivisions, subdivisions and shall be disregarded in construing the language contained thereinin such subdivisions. The words "this Agreement," "”, “this instrument”, “herein," "”, “hereof’, “hereby," "”, “hereunder," and "hereof" and words of similar import, import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words "phrases “this Section," "section” and “this subsection," and words of similar import, phrases refer only to the Sections sections or subsections hereof in which such words phrases occur. The word "“or” is not exclusive, and the word “including" (in its various forms) means "including without limitation." ”. Pronouns in masculine, feminine or and neuter genders shall be construed to state and include any other gender, and words, terms and titles (including terms defined herein) words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise expressly requires. Unless Any reference to any Person shall be construed to include such Person’s successors and assigns, provided that such successors and assigns are permitted pursuant to the context otherwise requires, all defined terms contained herein shall include the singular and plural and the conjunctive and disjunctive forms of such defined termsLoan Documents.

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 corresponding Exhibits, Schedules, Articles, Sections, subsections, and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsectionsubsections, or other subdivisions of this Agreement are for convenience only, do not constitute any part of such Articles, Sections, subsections or other subdivisions, and shall be disregarded in construing the language contained therein. The words "this Agreement," "herein," "hereby," "hereunder," and "hereof," and words of similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words "this Section," "this subsection," and words of similar import, refer only to the Sections or subsections hereof in which such words occur. The word "including" (in its various forms) means "including without limitation." Pronouns in masculine, feminine feminine, or neuter genders shall be construed to state and include any other gender, gender and words, terms terms, and titles (including terms defined herein) in the singular form shall be construed to include the plural and vice versa, unless the context otherwise expressly requires. Unless the context otherwise requires, all defined terms contained herein shall include the singular and plural and the conjunctive and disjunctive forms of such defined terms.

Appears in 1 contract

Samples: Share Purchase Agreement (Metasolv Inc)

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

Appears in 1 contract

Samples: Asset Purchase Agreement (Capstar Broadcasting Partners Inc)

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

Appears in 1 contract

Samples: Stock Purchase Agreement (Capstar Broadcasting Partners 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 Articles, Sections, subsection, or other subdivisions of this Agreement are for convenience only, only and do not constitute any part of such Articles, Sections, subsections or other subdivisions, subdivisions and shall be disregarded in construing the language contained thereinin such subdivisions. The words "this Agreement," "”, “this instrument”, “herein," "”, “hereof, “hereby," "”, “hereunder," and "hereof" and words of similar import, import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words "phrases “this Section," "section” and “this subsection," and words of similar import, phrases refer only to the Sections sections or subsections hereof in which such words phrases occur. The word "“or” is not exclusive, and the word “including" (in its various forms) means "including without limitation." ”. Pronouns in masculine, feminine or and neuter genders shall be construed to state and include any other gender, and words, terms and titles (including terms defined herein) words in the singular form shall be construed to include the plural and vice versa, unless the context otherwise expressly requires. Unless All references to any Person shall be construed to include such Person’s successors and assigns, provided such successors and assigns are permitted by the context otherwise requires, all defined terms contained herein shall include the singular and plural and the conjunctive and disjunctive forms of such defined termsLoan Documents.

Appears in 1 contract

Samples: 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 corresponding Exhibits, Schedules, Articles, Sections, subsections, and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsectionsubsections, or other subdivisions of this Agreement are for convenience only, do not constitute any part of such Articles, Sections, subsections or other subdivisions, and shall be disregarded in construing the language contained therein. The words "this Agreement," "” “herein," "” “hereby," "” “hereunder," and "hereof" ,” and words of similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words "this Section," "” “this subsection," and words of similar import, refer only to the Sections or subsections hereof in which such words occur. The word "“or” is not exclusive, and the word “including" (in its various forms) means "including “including, without limitation” and “including but not limited to." Pronouns in masculine, feminine feminine, or neuter genders shall be construed to state and include any other gender, gender and words, terms terms, and titles (including terms defined herein) in the singular form shall be construed to include the plural and vice versa, unless the context otherwise expressly requires. Unless the context otherwise requires, all defined terms contained herein shall include the singular and plural and the conjunctive and disjunctive forms of such defined terms.. The parties have executed this Agreement as of the date first written above. COMPANY: AMERICAN ELECTRIC TECHNOLOGIES, INC. By: Name: Title:

Appears in 1 contract

Samples: Securities Purchase Agreement (American Electric Technologies Inc)

References and Titles. All references in this Agreement to Exhibits, Schedules, Articles, Sections, subsections and other subdivisions refer to the corresponding Exhibits, Schedules, Articles, Sections, subsections and other subdivisions of or to this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsection, subsections or other subdivisions of this Agreement are for convenience only, do not constitute any part of such Articles, Sections, subsections or other subdivisionsthis Agreement, and shall be disregarded in construing the language contained thereinhereof. The words "this AgreementTHIS AGREEMENT," "hereinHEREIN," "herebyHEREBY," "hereunder,HEREUNDER" and "hereofHEREOF," and words of similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words "this SectionTHIS ARTICLE," "this subsectionTHIS SECTION" and "THIS SUBSECTION," and words of similar import, refer only to the Sections Article, Section or subsections subsection hereof in which such words occur. The word "includingOR" is not exclusive, and the word "INCLUDING" (in its various forms) means "including without limitation." . Pronouns in masculine, feminine or neuter genders shall be construed to state and include any other gender, and words, terms and titles (including terms defined herein) in the singular form shall be construed to include the plural and vice versa, unless the context otherwise expressly requires. Unless the context otherwise requires, all defined terms contained herein shall include the singular and plural and the conjunctive and disjunctive forms of such defined terms.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Panhandle Royalty 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 corresponding Exhibits, Schedules, Articles, Sections, subsections, and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsectionsubsections, or other subdivisions of this Agreement are for convenience only, do not constitute any part of such Articles, Sections, subsections or other subdivisions, and shall be disregarded in construing the language contained therein. The words "this Agreement," "herein," "hereby," "hereunder," and "hereof," and words of similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words "this Section," "this subsection," and words of similar import, refer only to the Sections or subsections hereof in which such words occur. The word "including" (in its various forms) means "including without limitation." Pronouns in masculine, feminine feminine, or neuter genders shall be construed to state and include any other gender, gender and words, terms terms, and titles (including terms defined herein) in the singular form shall be construed to include the plural and vice versa, unless the context otherwise expressly requires. Unless the context otherwise requires, all defined terms contained herein shall include the singular and plural and the conjunctive and disjunctive forms of such defined terms.. ARTICLE II

Appears in 1 contract

Samples: Stock Purchase Agreement (Coho Energy Inc)

References and Titles. All references in this Agreement to Exhibits, Schedules, Articles, Sections, subsections and other subdivisions refer to the corresponding Exhibits, Schedules, Articles, Sections, subsections and other subdivisions of or to this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsection, subsections or other subdivisions of this Agreement are for convenience only, do not constitute any part of such Articles, Sections, subsections or other subdivisionsthis Agreement, and shall be disregarded in construing the language contained thereinhereof. The words "this Agreement," "herein," "hereby," "hereunder," and "hereof," and words of similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words "this SectionArticle," "this subsectionSection" and "this Subsection," and words of similar import, refer only to the Sections Article, Section or subsections subsection hereof in which such words occur. The word "OR" is not exclusive, and the word "including" (in its various forms) means "including without limitation." . Pronouns in masculine, feminine or neuter genders shall be construed to state and include any other gender, and words, terms and titles (including terms defined herein) in the singular form shall be construed to include the plural and vice versa, unless the context otherwise expressly requires. Unless the context otherwise requires, all defined terms contained herein shall include the singular and plural and the conjunctive and disjunctive forms of such defined terms.

Appears in 1 contract

Samples: Asset Purchase Agreement

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

Appears in 1 contract

Samples: Asset Purchase Agreement (Odyssey Healthcare Inc)

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

Appears in 1 contract

Samples: Asset Purchase Agreement (Atrium Companies Inc)

References and Titles. All references in this Agreement to Exhibits, Schedules, Articles, Sections, subsections, and other subdivisions refer to the corresponding Exhibits, Schedules, Articles, Sections, subsections, and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsectionsubsections, or other subdivisions of this Agreement are for convenience only, do not constitute any part of such Articles, Sections, subsections or other subdivisions, and shall be disregarded in construing the language contained therein. The words "this Agreement," "herein," "hereby," "hereunder," and "hereof," and words of similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words "this Section," "this subsection," and words of similar 45 import, refer only to the Sections or subsections hereof in which such words occur. The word "including" (in its various forms) means "including without limitation." Pronouns in masculine, feminine feminine, or neuter genders shall be construed to state and include any other gender, gender and words, terms terms, and titles (including terms defined herein) in the singular form shall be construed to include the plural and vice versa, unless the context otherwise expressly requires. Unless the context otherwise requires, all defined terms contained herein shall include the singular and plural and the conjunctive and disjunctive forms of such defined terms.

Appears in 1 contract

Samples: Asset Exchange Agreement (Salem Communications Corp /De/)

References and Titles. All references in this Agreement to Exhibits, Schedules, Articles, Sections, subsections, and other subdivisions refer to the corresponding Exhibits, Schedules, Articles, Sections, subsections, and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsectionsubsections, or other subdivisions of this Agreement are for convenience only, do not constitute any part of such Articles, Sections, subsections or other subdivisions, and shall be disregarded in construing the language contained therein. The words "this “This Agreement," "” “herein," "” “hereby," "” “hereunder," and "hereof" ,” and words of similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words "this Section," "” “this subsectionSubsection," and words of similar import, refer only to the Sections or subsections hereof in which such words occur. The word "including" (in its various forms) means "including without limitation." Pronouns in masculine, feminine feminine, or neuter genders shall be construed to state and include any other gender, gender and words, terms terms, and titles (including terms defined herein) in the singular form shall be construed to include the plural and vice versa, unless the context otherwise expressly requires. Unless the context otherwise requires, all defined terms contained herein shall include the singular and plural and the conjunctive and disjunctive forms of such defined terms.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Atrium Companies Inc)

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

Appears in 1 contract

Samples: Asset Purchase Agreement (Ross Technology Inc)

References and Titles. All references in this Agreement to Exhibits, Schedules, Articles, Sections, subsections, and other subdivisions refer to the corresponding Exhibits, Schedules, Articles, Sections, subsections, and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsectionsubsections, or other subdivisions of this Agreement are for convenience only, do not constitute any part of such Articles, Sections, subsections or other subdivisions, and shall be disregarded in construing the language contained therein. The words "this Agreement," "herein," "hereby," "hereunder," and "hereof," and words of similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words "this Section," "this subsection," and words of similar import, refer only to the Sections or subsections hereof in which such words occur. The word "including" (in its various forms) means "including without limitation." Pronouns in masculine, feminine feminine, or neuter genders shall be construed to state and include any other gender, gender and words, terms terms, and titles (including terms defined herein) in the singular form shall be construed to include the plural and vice versa, unless the context otherwise expressly requires. Unless the context otherwise requires, all defined terms contained herein shall include the singular and plural and the conjunctive and disjunctive forms of such defined terms. ARTICLE II.

Appears in 1 contract

Samples: Registration Rights Agreement (Eex Corp)

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

Appears in 1 contract

Samples: Asset Purchase Agreement (Concentra Operating Corp)

References and Titles. Titles appearing at the beginning of any Articles, Sections, subsectionsubsections, or other subdivisions of this Agreement are for convenience only, do not constitute any part of such the Articles, Sections, subsections subsections, or other subdivisions, and shall be disregarded in construing the language contained therein. The words "this Agreement," "hereby," "herein," "hereby," "hereunderhereof," and "hereofhereunder," and words of similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words "this Section," "this subsection," and words of similar import, refer only to the Sections or subsections hereof in which such words occur. The word "or" is not exclusive, and the word including" (in its various forms) means "including without limitation." Pronouns in masculine, feminine feminine, or neuter genders shall be construed to state and include any other gender, gender and words, terms terms, and titles (including terms defined herein) in the singular form shall be construed to include the plural and vice versa, unless the context otherwise expressly requires. Unless the context otherwise requires, all defined terms contained herein shall include the singular and plural and the conjunctive and disjunctive forms of such defined terms.

Appears in 1 contract

Samples: Stock Purchase Agreement (Pseg Energy Holdings Inc)

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

Appears in 1 contract

Samples: Agreement and Plan of Merger (Golfsmith International Holdings Inc)

References and Titles. All references in the Participation Agreement and in the other Operative Agreements to "the Pledge Agreement" shall refer to this Agreement as amended, restated, modified or supplemented from time to time. All references in this Agreement to Attachments, Articles, Sections, Subsections and other subdivisions refer to the Attachments, Articles, Sections, Subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsection, or other subdivisions of this Agreement subdivision are for convenience only, only and do not constitute any part of any such Articles, Sections, subsections or other subdivisions, subdivision and shall be disregarded in construing the language contained thereinin this Agreement. The words "this Agreement," "herein," "hereof," "hereby," "hereunder," and "hereof" and words of similar import, import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words phrases "this SectionArticle," "this subsection,Section" and words of "this Subsection" and similar import, phrases refer only to the Articles, Sections or subsections Subsections hereof in which such words 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 or and neuter genders gender shall be construed to state and include any other gender, and words, terms and titles (including terms defined herein) words in the singular form shall be construed to include the plural and vice versa, versa unless the context otherwise expressly requires. Unless the context otherwise requires, all defined terms contained herein shall include the singular and plural and the conjunctive and disjunctive forms of such defined terms.

Appears in 1 contract

Samples: Pledge and Security Agreement (Symantec Corp)

References and Titles. All references in this Agreement to Exhibits, Schedules, Articles, Sections, subsections and other subdivisions refer to the corresponding Exhibits, Schedules, Articles, Sections, subsections and other subdivisions of or to this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any ArticlesArticle, SectionsSection, subsection, subsection or other subdivisions of this Agreement are for convenience only, do not constitute any part of such Articles, Sections, subsections or other subdivisionsthis Agreement, and shall be disregarded in construing the language contained thereinhereof. The words "this Agreement," "herein," "hereby," "hereunder," and "hereof," and words of similar import, refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. The words "this SectionArticle," "this Section" and "this subsection," and words of similar import, refer only to the Sections Article, Section or subsections subsection hereof in which such words occur. The word "or" is not exclusive, and the word "including" (in its various forms) means "including without limitation." Pronouns in masculine, feminine or neuter genders shall be construed to state and include any other gender, and words, terms and titles (including terms defined herein) in the singular form shall be construed to include the plural and vice versa, unless the context otherwise expressly requires. Unless the context otherwise requires, all defined terms contained herein shall include the singular and plural and the conjunctive and disjunctive forms of such defined terms.

Appears in 1 contract

Samples: Stock Purchase and Sale Agreement (Hs Resources Inc)

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

Appears in 1 contract

Samples: Securities Purchase Agreement (Miller Exploration Co)

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

Appears in 1 contract

Samples: Asset Purchase Agreement (Sungroup Inc)

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

Appears in 1 contract

Samples: Stock Purchase Agreement (Triton Energy LTD)

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

Appears in 1 contract

Samples: Stock Purchase and Merger Agreement (Chancellor Media Corp of Los Angeles)

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