definiens: shall be inclusive and not exclusive ( for example, the phrase means not ), unless used in conjunction with or the like ; ( g ) each reference to shall be to calendar days ; ( h ) each reference to any Contract shall be to such Contract as amended, supplemented, waived orotherwise modified from time to time ; ( i ) each reference to a Law, statute, regulation or other government rule is to it as amended from time totime and, as applicable, is to corresponding provisions of successor Laws, statutes, regulations or other governmentrules ; ( j ) accounting terms which are not otherwise defined in this Agreement, or any Appendix or Schedulehereto, shall have the meanings given to them under GAAP ; ( k ) any payments or release of funds from the Adjustment Escrow Account, Indemnity Escrow Accountor Appraisal Shares Escrow Account, if any, to Buyer, or any amounts set off pursuant to Section 2.10(c ) orSection 2.10(d ), shall be deemed to be a payment 2 made by the Stockholders ’ Representative and/or one or more of the Stockholders, and shall be deemed to satisfy thecorresponding obligation of such Persons ; ( l ) all references herein to the Company, Merger Sub or the Surviving Corporation shall mean, withrespect to any time at or after the Effective Time, the Surviving Corporation ; ( m ) notwithstanding the fact that for certain purposes pursuant to certain provisions herein, materiality, or similar qualifiers contained in this Agreement are disregardedor not given effect, in no event shall ( i ) be read to mean or ( ii ) any such materiality, or similar qualifier be read out of Section 3.13(a ), or clause ( a ) ofSection 3.19 ; and ( n ) references from or through any date mean, unless otherwise specified, from and including or throughand including, respectively