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 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, subsections or other subdivisions of this Agreement are for convenience only, do not constitute any part of this Agreement, and shall be disregarded in construing the language hereof. 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 article," "this section" and "this subsection," and words of similar import, refer only to the Article, Section or 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 requires. As used in the representations and warranties contained in this Agreement, the phrase "to the knowledge" of the representing party shall mean that such individual party(ies) or the Responsible Officers of such representing corporate party, individually or collectively, either (i) know that the matter being represented and warranted is true and accurate or (ii) have no reason, after reasonable inquiry, to believe that the matter being represented and warranted is not true and accurate.

Appears in 1 contract

Samples: Acquisition Agreement (Xplor Energy Inc)

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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 or to this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsections or other subdivisions of this Agreement are for convenience only, do not constitute any part of this Agreement, and shall be disregarded in construing the language hereof. 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 articleArticle," "” “this section" Section” and "this subsection," and words of similar import, refer only to the Article, Section or Subsection 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 requires. As used in the representations and warranties contained in this Agreement, the phrase "to the knowledge" of the representing party Party shall mean that such individual party(ies) or the Responsible Officers responsible officers of such representing corporate partyParty, individually or collectively, either (ia) know that the matter being represented and warranted is true and accurate or (iib) have no reason, after reasonable inquiry, to believe that the matter being represented and warranted is not true and accurate.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Orion Ethanol, 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, subsections or other subdivisions of this Agreement are for convenience only, do not constitute any part of this Agreement, and shall be disregarded in construing the language hereof. 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 articleArticle," "this sectionSection" and "this subsection," and words of similar import, refer only to the Article, Section or Subsection 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 . 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 requires. As used in the representations and warranties contained in this Agreement, the phrase "to the knowledge" of the representing party shall mean mean, in the case of Purchaser, that such individual party(ies) or the Responsible Officers of such representing corporate partyPurchaser, individually or collectively, and, in the case of the Sellers, that any of them, either (ia) know that the matter being represented and warranted is true and accurate or (iib) have no reason, after reasonable inquiry, to believe that the matter being represented and warranted is not true and accurate.

Appears in 1 contract

Samples: Stock Acquisition Agreement (National Environmental Service 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 or to this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsections or other subdivisions of this Agreement are for convenience only, do not constitute any part of this Agreement, and shall be disregarded in construing the language hereof. 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 articleArticle," "” “this section" Section” and "this subsection," and words of similar import, refer only to the Article, Section or Subsection 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 requires. As used in the representations and warranties contained in this Agreement, the phrase "to the knowledge" of the representing party Party shall mean that such individual party(ies) or the Responsible Officers of such representing corporate partyParty, individually or collectively, either (ia) know that the matter being represented and warranted is true and accurate or (iib) have no reason, after reasonable inquiryinquiry (including, without limitation, review of their files and inquiry of pertinent management personnel), to believe that the matter being represented and warranted is not true and accurate.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Magnum Hunter 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 or to this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsections or other subdivisions of this Agreement are for convenience only, do not constitute any part of this Agreement, and shall be disregarded in construing the language hereof. 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 articleArticle," "this sectionSection" and "this subsection," and words of similar import, refer only to the Article, Section or Subsection 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 requires. As used in the representations and warranties contained in this Agreement, the phrase phrases "knowledge", "to the knowledge" of ", and similar expressions, when used with respect to the representing party Party, shall mean that such individual party(ies) or the Responsible Officers of such representing corporate partyParty, individually or collectively, either (ia) know have actual knowledge that the matter being represented and warranted is true and accurate or (iib) have no reason, after reasonable inquiry, reason to believe that the matter being represented and warranted is not true and accurate.

Appears in 1 contract

Samples: Stock Purchase and Sale Agreement (Dune Energy Inc)

References and Titles. 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, subsections or other subdivisions of this Agreement are for convenience only, do not constitute any part of this Agreement, and shall be disregarded in construing the language hereof. 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 articleArticle," "” “this section" Section” and "this subsectionSubsection," and words of similar import, refer only to the Article, Section or Subsection 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 requires. As used in the representations and warranties contained in this Agreement, the phrase "to the knowledge" of the representing party shall mean that such individual party(ies) or the Responsible Officers of such representing corporate party, individually or collectively, either (i) know that the matter being represented and warranted is true and accurate or (ii) have no reason, after reasonable inquiry, to believe that the matter being represented and warranted is not true and accurate.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Double Eagle Petroleum 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 or to this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsections or other subdivisions of this Agreement are for convenience only, do not constitute any part of this Agreement, and shall be disregarded in construing the language hereof. 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 articleArticle," "” “this section" Section” and "this subsection," and words of similar import, refer only to the Article, Section or Subsection 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 requires. As used in the representations and warranties contained in this Agreement, the phrase "to the knowledge" of the representing party Party shall mean that such individual party(ies) or the Responsible Officers of such representing corporate partyParty, individually or collectively, either (ia) know that the matter being represented and warranted is true and accurate or (iib) have no reason, after reasonable inquiry, reason to believe that the matter being represented and warranted is not true and accurate; provided, however, in the case of Seller and the Company, X.X. Xxxxxx, Xxxxx Xxxxx, and Xxxxx Xxxxx shall be deemed to be Responsible Officers of Seller and the Company for this purpose.

Appears in 1 contract

Samples: Stock Purchase Agreement (Resolute Energy 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, subsections or other subdivisions of this Agreement are for convenience only, do not constitute any part of this Agreement, and shall be disregarded in construing the language hereof. 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 articleTHIS ARTICLE," "this sectionTHIS SECTION" and "this subsectionTHIS SUBSECTION," and words of similar import, refer only to the Article, Section or Subsection subsection hereof in which such words occur. The word "orOR" is not exclusive, and the word "includingINCLUDING" (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 requires. As used in the representations and warranties contained in this Agreement, the phrase "to the knowledgeTO THE KNOWLEDGE" of the representing party shall mean that such individual party(ies) or the Responsible Officers of such representing corporate party, individually or and collectively, either (ia) know that the matter being represented and warranted is true and accurate or (iib) have no reason, after reasonable inquiry, reason to believe that the matter being represented and warranted is not true and accurate.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Alamosa 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 or to this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsections or other subdivisions of this Agreement are for convenience only, do not constitute any part of this Agreement, and shall be disregarded in construing the language hereof. 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 articleArticle," "this sectionSection" and "this subsection," and words of similar import, refer only to the Article, Section or Subsection 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 requires. As used in the representations and warranties contained in this Agreement, the phrase "to the knowledge" of the representing party shall mean that such individual party(ies) or the Responsible Officers of such representing corporate party, individually or collectively, either (ia) know that the matter being represented and warranted is true and accurate or (iib) have no reason, after reasonable inquiry, to believe that the matter being represented and warranted is not true and accurate.

Appears in 1 contract

Samples: Stock Purchase Agreement (3tec Energy 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, subsections or other subdivisions of this Agreement are for convenience only, do not constitute any part of this Agreement, and shall be disregarded in construing the language hereof. 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 articleArticle," "this sectionSection" and "this subsection," and words of similar import, refer only to the Article, Section or Subsection 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 requires. As used in the representations and warranties contained in this Agreement, the phrase "to the knowledge" of the representing party Party shall mean that such individual party(ies) or the Responsible Officers of such representing corporate partyParty, individually or collectively, either (ia) know that the matter being represented and warranted is true and accurate or (iib) have no reason, after reasonable inquiryinquiry (including, without limitation, review of their files and inquiry of pertinent management personnel), to believe that the matter being represented and warranted is not true and accurate.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Cimarex Energy Co)

References and Titles. All references in this Agreement to --------------------- Exhibits, Schedules, Articlesarticles, Sectionssections, subsections and other subdivisions refer to the corresponding Exhibits, Schedules, Articlesarticles, Sectionssections, subsections and other subdivisions of or to this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsections or other subdivisions of this Agreement are for convenience only, only and do not constitute any part of this Agreement, such subdivisions and shall be disregarded in construing the language hereofcontained in such subdivisions. The words "this agreement," 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 "this article," phrases "this section" and "this subsection," and words of similar import, phrases refer only to the Article, Section sections or Subsection 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.". Phrases such as "known to Borrower" or "to the best knowledge of Borrower" refer to the actual knowledge (as distinguished from constructive knowledge) of any of the following: Borrower's President, Borrower's Chief Executive Officer, Borrower's Chief Financial Officer, Borrower's general counsel, Borrower's Treasurer, or any Vice President of Borrower. 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 requires. As used in the representations and warranties contained in this Agreement, the phrase "to the knowledge" of the representing party shall mean that such individual party(ies) or the Responsible Officers of such representing corporate party, individually or collectively, either (i) know that the matter being represented and warranted is true and accurate or (ii) have no reason, after reasonable inquiry, to believe that the matter being represented and warranted is not true and accurate.

Appears in 1 contract

Samples: Credit Agreement (Nuevo Energy 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 or to this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsections or other subdivisions of this Agreement are for convenience only, do not constitute any part of this Agreement, and shall be disregarded in construing the language hereof. 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 articleArticle," "this sectionSection" and "this subsection," and words of similar import, refer only to the Article, Section or Subsection 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 requires. As used in the representations and warranties contained in this Agreement, the phrase "to the knowledge" of the representing party shall mean that such individual party(ies) or the Responsible Officers responsible officers of such representing corporate party, individually or collectively, either (ia) know that the matter being represented and warranted is true and accurate or (iib) have no reason, after reasonable inquiry, to believe that the matter being represented and warranted is not true and accurate.

Appears in 1 contract

Samples: Membership Interest Purchase, Sale and Redemption Agreement (Nesco Inc/Ok)

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, subsections or other subdivisions of this Agreement are for convenience only, do not constitute any part of this Agreement, and shall be disregarded in construing the language hereof. 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 articleArticle," "” “this section" Section” and "this subsection," and words of similar import, refer only to the Article, Section or Subsection 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 requires. As used in the representations and warranties contained in this Agreement, the phrase "to the knowledge" of the representing party Party shall mean that such individual party(ies) or the Responsible Officers of such representing corporate partyParty, individually or collectively, either (ia) know that the matter being represented and warranted is true and accurate or (iib) have no reason, after reasonable inquiry, to believe that the matter being represented and warranted is not true and accurate.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Clayton Williams Energy Inc /De)

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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 or to this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsections or other subdivisions of this Agreement are for convenience only, do not constitute any part of this Agreement, and shall be disregarded in construing the language hereof. 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 articleArticle," "” “this section" Section” and "this subsection," and words of similar import, refer only to the Article, Section or Subsection 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 requires. As used in the representations and warranties contained in this Agreement, the phrase "to the knowledge" of the representing party Party shall mean that such individual party(ies) or the Responsible Officers of such representing corporate partyParty, individually or collectively, either (ia) know that the matter being represented and warranted is true and accurate or (iib) have no reason, after reasonable inquiry, reason to believe that the matter being represented and warranted is not true and accurate.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Patina Oil & 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, subsections or other subdivisions of this Agreement are for convenience only, do not constitute any part of this Agreement, and shall be disregarded in construing the language hereof. 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 articleArticle," "” “this section" Section” and "this subsection," and words of similar import, refer only to the Article, Section or Subsection 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 requires. As used in the representations and warranties contained in this Agreement, the phrase "to the knowledge" of the representing party Party or similar variations thereof shall mean that such individual party(ies) or the Responsible Officers of such representing corporate partyPerson, individually or collectively, either (ia) know have knowledge that the matter being represented and warranted is true and accurate or (iib) would reasonably be expected to have no reason, after reasonable inquiry, to believe that knowledge of the matter being represented and warranted is not true and accurate.based on similarly situated Persons within similar companies operating under similar circumstances. Table of Contents

Appears in 1 contract

Samples: Stock Purchase Agreement (Eagle Rock Energy Partners L P)

References and Titles. All references in this Agreement to Exhibits, Schedules, Articlesarticles, Sectionssections, subsections and other subdivisions refer to the corresponding Exhibits, Schedules, Articlesarticles, Sectionssections, subsections and other subdivisions of or to this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsections or other subdivisions of this Agreement are for convenience only, only and do not constitute any part of this Agreement, such subdivisions and shall be disregarded in construing the language hereofcontained in such subdivisions. The words "this agreement," 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 "this article," phrases "this section" and "this subsection," and words of similar import, phrases refer only to the Article, Section sections or Subsection 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.". Phrases such as "known to Borrower" or "to the best knowledge of Borrower" refer to the actual knowledge (as distinguished from constructive knowledge) of any of the following: Borrower's President, Borrower's Chief Executive Officer, Borrower's Chief Financial Officer, Borrower's general counsel, Borrower's Treasurer, or any Vice President of Borrower. 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 requires. As used in the representations and warranties contained in this Agreement, the phrase "to the knowledge" of the representing party shall mean that such individual party(ies) or the Responsible Officers of such representing corporate party, individually or collectively, either (i) know that the matter being represented and warranted is true and accurate or (ii) have no reason, after reasonable inquiry, to believe that the matter being represented and warranted is not true and accurate.

Appears in 1 contract

Samples: Credit Agreement (Nuevo Energy 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 or to this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsections or other subdivisions of this Agreement are for convenience only, do not constitute any part of this Agreement, and shall be disregarded in construing the language hereof. 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 articleArticle," "” “this section" Section” and "this subsection," and words of similar import, refer only to the Article, Section or Subsection 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 requires. As used in the representations and warranties contained in this Agreement, the phrase "to the knowledge" of the representing party shall mean that such individual party(ies) or the Responsible Officers of such representing corporate party, individually or collectively, either (ia) know that the matter being represented and warranted is true and accurate or (iib) have no reason, after reasonable inquiry, to believe that the matter being represented and warranted is not true and accurate.

Appears in 1 contract

Samples: Stock Purchase Agreement (Petrohawk Energy 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, subsections or other subdivisions of this Agreement are for convenience only, do not constitute any part of this Agreement, and shall be disregarded in construing the language hereof. 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 articleArticle," "” “this section" Section” and "this subsection," and words of similar import, refer only to the Article, Section or Subsection 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 requires. As used in the representations and warranties contained in this Agreement, the phrase "to the knowledge" of the representing party Party shall mean that such individual party(ies) or the Responsible Officers of such representing corporate partyParty, individually or collectively, either (ia) know that the matter being represented and warranted is true and accurate or (iib) have no reason, after reasonable inquiry, reason to believe that the matter being represented and warranted is not true and accurate.

Appears in 1 contract

Samples: Stock Purchase Agreement (Bill Barrett 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, subsections or other subdivisions of this Agreement are for convenience only, do not constitute any part of this Agreement, and shall be disregarded in construing the language hereof. 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 articleArticle," "this sectionSection" and "this subsection," and words of similar import, refer only to the Article, Section or Subsection 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 requires. As used in the representations and warranties contained in this Agreement, the phrase "to the knowledge" of the representing party Party shall mean that such individual party(ies) or the Responsible Officers of such representing corporate partyParty, individually or collectively, either (ia) know that the matter being represented and warranted is true and accurate or (iib) have no reason, reason to believe after reasonable inquiry, to believe due diligence and investigation that the matter being represented and warranted is not true and accurate.. THE MERGER

Appears in 1 contract

Samples: Agreement and Plan of Merger (Penn Virginia 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, subsections or other subdivisions of this Agreement are for convenience only, do not constitute any part of this Agreement, and shall be disregarded in construing the language hereof. 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 articleArticle," "” “this section" Section” and "this subsectionSubsection," and words of similar import, refer only to the Article, Section or Subsection 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 requires. As used in the representations and warranties contained in this Agreement, the phrase "to the knowledge" of the representing party shall mean that such individual party(ies) or the Responsible Officers of such representing corporate party, individually or collectively, either (i) know that the matter being represented and warranted is true and accurate or (ii) have no reason, after reasonable inquiry, to believe that the matter being represented and warranted is not true and accurate.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Petrosearch Energy Corp)

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