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 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 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 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.

References and Titles. (a) All references in this Agreement to Exhibits, Schedules, Articles, Sections, subsections, subsections and other subdivisions refer to the corresponding Exhibits, Schedules, Articles, Sections, subsections, subsections and other subdivisions of or to this Agreement Agreement, unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsections, 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 Article, Section, subsection or subdivision unless expressly so limited. The words "“this Article” and “this Section," "this subsection," ” and words of similar import, refer only to the Sections Article, Section or subsections subsection hereof in which such words occur. . (b) 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. (c) A reference in this Agreement to any statute shall be to such statute as amended from time to time, all defined terms contained herein shall include the singular and plural and the conjunctive rules and disjunctive forms of such defined termsregulations promulgated thereunder.

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, subsectionssubsection, 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.

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, 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 "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.

References and Titles. All references in this Agreement to Exhibits, Schedules, Articlesarticles, Sectionssections, subsections, subsections and other subdivisions refer to the corresponding Exhibits, Schedules, Articlesarticles, Sectionssections, subsections, subsections and other subdivisions of 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 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 feminine and neuter genders shall be construed to state and include any other gender and words, termsgender, 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.

References and Titles. All references in this Agreement to Exhibits, Schedules, Articles, Sections, subsections, subsections and other subdivisions refer to the corresponding Exhibits, Schedules, Articles, Sections, subsections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsections, 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 "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.

References and Titles. All references in this Agreement to Exhibits, Schedules, Articles, Sections, subsections, subsections and other subdivisions refer to the corresponding Exhibits, Schedules, Articles, Sections, subsections, subsections and other subdivisions of or to this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsections, 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, 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.

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, 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 "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.

References and Titles. All references in this Agreement to Exhibits, Schedules, Articles, Sections, subsections, subsections and other subdivisions refer to the corresponding Exhibits, Schedules, Articles, Sections, subsections, subsections and other subdivisions of or to this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsections, 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, 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 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.

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, 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 "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.

References and Titles. All references in this Agreement to Exhibitsexhibits, Schedulesschedules, Articlesarticles, Sectionssections, subsections, subsections and other subdivisions refer to the corresponding Exhibitsexhibits, Schedulesschedules, Articlesarticles, Sectionssections, subsections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articlesarticle, Sectionssection, subsections, 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 "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.

References and Titles. All references in this Agreement to Exhibits, Schedules, Articlesarticles, Sectionssections, subsections, subsections and other subdivisions refer to the corresponding Exhibits, Schedules, Articlesarticles, Sectionssections, subsections, subsections and other subdivisions of 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 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 , "hereof,HEREIN", "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 "orOR" is not exclusive, and the word "includingINCLUDING" (in its various forms) means "including without limitation." INCLUDING WITHOUT LIMITATION". Pronouns in masculine, feminine, or feminine and neuter genders shall be construed to state and include any other gender and words, termsgender, 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.

References and Titles. All references in this Agreement to Exhibits, Schedules, Articles, Sections, subsections, subsections and other subdivisions refer to the corresponding Exhibits, Schedules, Articles, Sections, subsections, subsections and other subdivisions of or to this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsections, 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 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" “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.

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, sections, 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, 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 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.

References and Titles. All references in this Agreement to Schedules, Exhibits, Schedulesarticles, Articlessections, Sections, subsections, subsections and other subdivisions refer to the corresponding Exhibits, Schedules, ArticlesExhibits articles, Sectionssections, subsections, subsections and other subdivisions of 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 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 feminine and neuter genders shall be construed to state and include any other gender and words, termsgender, 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.

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. (a) 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 such Articles, Sections, subsections or other subdivisions, and shall be disregarded in construing the language contained therein. . (b) 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. . (c) The word "“or" ” is not exclusive, and the word "“including" ” (in its various forms) means "shall mean including (in its various forms) without limitationlimiting the generality of the description preceding such term." (d) Pronouns in masculine, feminine, or neuter genders shall be construed to state and include any other gender and wordsgender. (e) 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. . (f) 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.

References and Titles. All references in this Agreement to Exhibits, Schedules, Articlesarticles, Sectionssections, subsections, subsections and other subdivisions refer to the corresponding Exhibits, Schedules, Articlesarticles, Sectionssections, subsections, subsections and other subdivisions of 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 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 , "hereof,HEREIN", "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 "orOR" is not exclusive, and the word "includingINCLUDING" (in its various forms) means "including without limitation." INCLUDING WITHOUT LIMITATION". Pronouns in masculine, feminine, or feminine and neuter genders shall be construed to state and include any other gender and words, termsgender, 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.

References and Titles. All references in this Agreement to Exhibits, Schedules, Articles, Sections, subsections, subsections and other subdivisions refer to the corresponding Exhibits, Schedules, Articles, Sections, subsections, subsections and other subdivisions of or to this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsections, 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 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, 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.

References and Titles. All references in this Agreement to Exhibits, Schedules, Articlesarticles, Sectionssections, subsections, subsections and other subdivisions refer to the corresponding Exhibits, Schedules, Articlesarticles, Sectionssections, subsections, subsections and other subdivisions of 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 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 feminine and neuter genders shall be construed to state and include any other gender and words, termsgender, 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.

References and Titles. All references in this Agreement to --------------------- Exhibits, Schedules, Articlesarticles, Sectionssections, subsections, subsections and other subdivisions refer to the corresponding Exhibits, Schedules, Articlesarticles, Sectionssections, subsections, subsections and other subdivisions of 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 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 feminine and neuter genders shall be construed to state and include any other gender and words, termsgender, 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.

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, subsections, 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 "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 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.

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, 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 "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.

References and Titles. All references in this Agreement to Exhibits, Schedules, Recitals, Articles, Sections, subsections, subsections and other subdivisions refer to the corresponding Exhibits, Schedules, Recitals, Articles, Sections, subsections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsections, 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, 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.

References and Titles. All references in this Agreement to Exhibits, Schedules, Articles, Sections, subsections, subsections and other subdivisions refer to the corresponding Exhibits, Schedules, Articles, Sections, subsections, subsections and other subdivisions of or to this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any ArticlesArticle, SectionsSection, subsections, 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, 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.

References and Titles. All references in this Agreement to Exhibits, Schedules, Articles, Sections, subsections, subsections and other subdivisions refer to the corresponding Exhibits, Schedules, Articles, Sections, subsections, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsections, 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 "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 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.

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, 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 "“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, 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.. The parties have executed this Agreement as of the date first written above. By: Name: Title:

References and Titles. All references in this Agreement to Exhibits, Schedules, Articlesarticles, Sectionssections, subsections, subsections and other subdivisions refer to the corresponding Exhibits, Schedules, Articlesarticles, Sectionssections, subsections, 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, subsections, 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 feminine and neuter genders shall be construed to state and include any other gender and words, termsgender, 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.

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, subsectionsCHAPARRAL ENERGY, L.L.C. SEVENTH RESTATED CREDIT AGREEMENT subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsections, 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 Section," "” and “this subsection," ” and words of similar import, phrases refer only to the Sections or 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 feminine and neuter genders gender shall be construed to state and include any other gender and words, termsgender, 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.

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 Exhibits, SchedulesAttachments, Articles, Sections, subsections, Subsections and other subdivisions refer to the corresponding Exhibits, SchedulesAttachments, Articles, Sections, subsections, Subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsections, 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 feminine and neuter genders gender shall be construed to state and include any other gender and words, termsgender, 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.

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, subsections, 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," "herebyhereof," "hereunder," " 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, 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.

References and Titles. All references in this Agreement to Exhibits, Schedules, Articles, Sections, subsections, subsections and other subdivisions refer to the corresponding Exhibits, Schedules, Articles, Sections, subsections, subsections and other subdivisions of 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 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, 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.

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, subsections and other subdivisions of this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsections, 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 CHAPARRAL ENERGY, L.L.C. SEVENTH RESTATED CREDIT AGREEMENT 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 Section," "” and “this subsection," ” and words of similar import, phrases refer only to the Sections or 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 feminine and neuter genders gender shall be construed to state and include any other gender and words, termsgender, 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.

References and Titles. All references in this Agreement to Exhibits, Schedules, Articles, Sections, subsections, subsections and other subdivisions refer to the corresponding Exhibits, Schedules, Articles, Sections, subsections, subsections and other subdivisions of or to this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsections, 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 "orOR" 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.

References and Titles. All references in this Agreement to Exhibits, Schedules, Articlesarticles, Sectionssections, subsections, subsections and other subdivisions refer to the corresponding Exhibits, Schedules, Articlesarticles, Sectionssections, subsections, subsections and other subdivisions of 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 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.". 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 feminine and neuter genders shall be construed to state and include any other gender and words, termsgender, 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.

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, 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 "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.and

References and Titles. All references in this Agreement to Exhibits, Schedules, Articles, Sections, subsections, subsections and other subdivisions refer to the corresponding Exhibits, Schedules, Articles, Sections, subsections, subsections and other subdivisions of or to this Agreement unless expressly provided otherwise. Titles appearing at the beginning of any Articles, Sections, subsections, 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 "orOR" is not exclusive, and 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.

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, 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 “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 "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.

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, 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 "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.. ARTICLE II