Plans 102 Sample Clauses

Plans 102. Section 10.8 Fiscal Year; Lien of Business Accounting Practices 102 Section 10.9 Modifications of Organizational Documents and Material Contracts 102 Section 10.10 Convertible Debt Prepayments; Amendments 102 Section 10.11 Reserved 103 Section 10.12 Transactions with Affiliates 103 Section 10.13 Environmental Matters 103 Section 10.14 Derivatives Contracts 103 Section 10.15 Model Housing Units 103 Section 10.16 Leasing 104 ARTICLE XI Default 104 Section 11.1 Events of Default 104 Section 11.2 Remedies Upon Event of Default 108 Section 11.3 Reserved 109 Section 11.4 Marshaling; Payments Set Aside 109 Section 11.5 Allocation of Proceeds 109 Section 11.6 Letter of Credit Collateral Account 110 Section 11.7 Performance by the Administrative Agent 111 Section 11.8 Rights Cumulative 111 ARTICLE XII The Administrative Agent 112 Section 12.1 Appointment and Authorization 112 Section 12.2 Administrative Agent as Lender 113 Section 12.3 Collateral Matters; Protective Advances 113 Section 12.4 Post-Foreclosure Plans 115 Section 12.5 Approvals of Lenders 115 Section 12.6 Notice of Events of Default 115 Section 12.7 Administrative Agent’s Reliance 116 Section 12.8 Indemnification of Administrative Agent 116 Section 12.9 Lender Credit Decision, Etc. 117 Section 12.10 Successor Administrative Agent 118 Section 12.11 Titled Agents 119 Section 12.12 Specified Derivatives Contracts; Specified Derivatives Providers 119 Table of Contents (continued) Page Section 12.13 Certain ERISA Matters 119 Section 12.14 Erroneous Payments 120 ARTICLE XIII Miscellaneous 123 Section 13.1 Notices 123 Section 13.2 Expenses 126 Section 13.3 Stamp, Intangible and Recording Taxes 127 Section 13.4 Setoff 127 Section 13.5 Litigation; Jurisdiction; Other Matters; Waivers 128 Section 13.6 Successors and Assigns 129 Section 13.7 Amendments and Waivers 133 Section 13.8 Nonliability of Administrative Agent and Lenders 135 Section 13.9 Confidentiality 136 Section 13.10 Indemnification 136 Section 13.11 Termination; Survival 137 Section 13.12 Severability of Provisions 137 Section 13.13 GOVERNING LAW 138 Section 13.14 Counterparts; Electronic Execution 138 Section 13.15 Obligations with Respect to the Borrower and Subsidiaries and Affiliates 139 Section 13.16 Independence of Covenants 139 Section 13.17 Limitation of Liability 139 Section 13.18 Entire Agreement 139 Section 13.19 Construction 139 Section 13.20 Headings 139 Section 13.21 Acknowledgement and Consent to Bail-In of Affected Financial Instituti...
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Related to Plans 102

  • Construction and Interpretation Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, or through its agent, prepared the same, and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, have participated in the preparation hereof.

  • No Strict Construction; Interpretation (a) Distributing and Spinco each acknowledge that this Agreement has been prepared jointly by the parties hereto and shall not be strictly construed against any party hereto.

  • Accounting Procedures and Interpretation Unless otherwise specified in this Agreement, all accounting terms used herein shall be interpreted, all determinations with respect to accounting matters under this Agreement shall be made, and all financial statements and certificates and reports as to financial matters required to be furnished to the Purchasers under this Agreement shall be prepared, in accordance with GAAP applied on a consistent basis during the periods involved (except, in the case of unaudited statements, as permitted by Form 10-Q promulgated by the Commission) and in compliance as to form in all material respects with applicable accounting requirements and with the published rules and regulations of the Commission with respect thereto.

  • Construction; Interpretation The headings set forth in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. No party hereto, nor its respective counsel, shall be deemed the drafter of this Agreement for purposes of construing the provisions hereof, and all provisions of this Agreement shall be construed according to their fair meaning and not strictly for or against any such party. Unless otherwise indicated to the contrary herein by the context or use thereof: (i) the words, “herein,” “hereto,” “hereof” and words of similar import refer to this Agreement as a whole, and not to any particular section, subsection, paragraph, subparagraph or clause set forth in this Agreement; (ii) masculine gender shall also include the feminine and neutral genders, and vice versa; (iii) words importing the singular shall also include the plural, and vice versa; (iv) the words “include,” “includes” or “including” shall be deemed to be followed by the words “without limitation”; (v) references to “$” or “dollar” or “US$” shall be references to United States dollars; (vi) the word “or” is disjunctive but not necessarily exclusive; (vii) the words “writing”, “written” and comparable terms refer to printing, typing and other means of reproducing words (including electronic media) in a visible form; (viii) the word “extent” in the phrase “to the extent” means the degree to which a subject or other thing extends, and such phrase shall not mean simply “if”; (ix) all references to Articles or Sections are to Articles or Sections of this Agreement; and (x) all references to any Law will be to such Law as amended, supplemented or otherwise modified from time to time. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. Consequently, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision of this Agreement.

  • Interpretation; Construction The headings set forth in this Agreement are for convenience only and shall not be used in interpreting this Agreement. This Agreement has been drafted by legal counsel representing Company, but Executive has participated in the negotiation of its terms. Furthermore, Executive acknowledges that Executive has had an opportunity to review and revise the Agreement and have it reviewed by legal counsel, if desired, and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement.

  • Defined Terms and Interpretation (a) The capitalized terms used herein which are defined in the Loan Agreement, shall have the respective meanings assigned to them in the Loan Agreement except as otherwise provided herein or unless the context otherwise requires.

  • Interpretation and Construction When a reference is made in this Agreement to a Section, such reference shall be to a Section of this Agreement, unless otherwise indicated. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Whenever the words “include,” “includes” and “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.” The words “hereof, “herein” and “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement. The word “will” shall be construed to have the same meaning as the word “shall.” The words “dates hereof” will refer to the date of this Agreement. The word “or” is not exclusive. The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms. Any agreement, instrument, law, rule or statute defined or referred to herein means, unless otherwise indicated, such agreement, instrument, law, rule or statute as from time to time amended, modified or supplemented. Each of the parties hereto acknowledges that it has been represented by counsel of its choice throughout all negotiations that have preceded the execution of this Agreement, and that it has executed the same with the advice of said independent counsel. Each party cooperated and participated in the drafting and preparation of this Agreement and the documents referred to herein, and any and all drafts relating thereto exchanged among the parties shall be deemed the work product of all of the parties and may not be construed against any party by reason of its drafting or preparation. Accordingly, any rule of law or any legal decision that would require interpretation of any ambiguities in this Agreement against any party that drafted or prepared it is of no application and is hereby expressly waived by each of the parties hereto, and any controversy over interpretations of this Agreement shall be decided without regards to events of drafting or preparation.

  • Definitions and Interpretation In this Preferred Securities Guarantee, unless the context otherwise requires:

  • Interpretation and Rules of Construction In this Agreement, except to the extent otherwise provided or that the context otherwise requires:

  • Definitions and Interpretations The terms "specifically approved at least annually," "vote of a majority of the outstanding voting securities," "assignment," "affiliated person," and "interested person," when used in this Agreement, shall have the respective meanings specified, and shall be construed in a manner consistent with, the Investment Company Act of 1940 and the rules and regulations promulgated thereunder. Any question of interpretation of any term or provision of this Agreement having a counterpart in or otherwise derived from a term or provision of the Investment Company Act of 1940, the Investment Advisers Act of 1940, the Securities Act of 1933, or the Securities Exchange Act of 1934 (collectively, the "Federal Securities Acts") shall be resolved by reference to such term or provision of the Federal Securities Acts and to interpretations thereof, if any, by United States federal courts or, in the absence of any controlling decisions of any such court, by rules or regulations of the Securities and Exchange Commission. Where the effect of a requirement of the Federal Securities Acts reflected in any provision of this Agreement is revised by rule or regulation of the Securities and Exchange Commission, such provisions shall be deemed to incorporate the effect of such rule or regulation.

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