definiens: and mean and respectively as defined insection 1159 of the Companies Act 2006, means as defined in section 1161 ofthe Companies Act 2006, means as defined insection 1162 of the Companies Act 2006 and means as defined insection 1162 of the Companies Act 2006 ; 37 ( b)every reference to a particular Law shall be construed also as a reference to all other Laws made under theLaw referred to and to all such Laws as amended, re - enacted, consolidated or replaced or as their applicationor interpretation is affected by other Laws from time to time and whether before or after Completion, provided that, as between the parties, no such amendment or modification shall apply for the purposes of thisAgreement to the extent that it would impose any new or extended obligation, liability or restriction on, orotherwise adversely affect the rights of, any party ; ( c)Warranties qualified by the expression ( or any similar expression ) shall meanthe actual awareness of the Executive Officers and Ravinder Chahil ( director, intellectual property ) ; ( d)references to Clauses and Schedules are references to clauses of and schedules to this Agreement, references toparagraphs are references to paragraphs of the Schedule in which the reference appears and references to thisAgreement include the Schedules ; ( e)references to the singular shall include the plural and vice versa and references to one gender include anyother gender ; ( f)references to a means a party to this Agreement and includes its successors in title, personalrepresentatives and permitted assigns and, in particular, references to Vendor include any direct or indirectsuccessor, assign or novatee of the Vendor pursuant to the Deed of Novation, SPA Assignment Deed orotherwise ( in each case to the extent of the relevant assignment and/or novation ) ; ( g)references to a includes any individual, partnership, body corporate, corporation sole or aggregate, state or agency of a state, and any unincorporated association or organisation, in each case whether or nothaving separate legal personality ; ( h)references to a includes any company, corporation or other body corporate wherever and howeverincorporated or established ; ( i)references to or are references to the lawful currency from time to time of theUnited States ; ( j)references to or are references to the lawful currency of those countries of the EuropeanUnion who are part of the European Monetary Union ; ( k)references to or are references to the lawful currency from time to time of Switzerland ; ( l)references to or are references to the lawful currency from time to time of Iceland ; ( m)for the purposes of applying a reference to a monetary sum expressed in euros, an amount in a differentcurrency shall be deemed to be an amount in euros translated at the Exchange Rate at the relevant date ; ( n)references to times of the day are to London time unless otherwise stated ; ( o)references to writing shall include any modes of reproducing words in a legible and non - transitory form ; 38 ( p)references to any English legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court official or any other legal concept or thing shall in respect of any jurisdiction other thanEngland be deemed to include what most nearly approximates in that jurisdiction to the English legal term ; ( q)words introduced by the word shall not be given a restrictive meaning because they are preceded bywords referring to a particular class of acts, matters or things ; ( r)general words shall not be given a restrictive meaning because they are followed by words which areparticular examples of the acts, matters or things covered by the general words and the words, and shall be construed without limitation ; 1.3In this Agreement : ( a)save as otherwise expressly provided, the expression where used in the context of : ( i)the Vendor shall mean that the Vendor shall, in relation to a Group Company, undertake to exercise itsvoting rights and use any and all powers vested in it from time to time as a shareholder ( directly orindirectly ) or holder of any other security or interest in a Target Company and in all other respects, use its reasonable endeavours ; ( ii)an Indirect Interest Holder ( other than DB or any Manager ), shall mean the relevant Indirect InterestHolder shall in relation to a member of the Vendor Group or Group Company, undertake to exerciseits voting rights and use any and all powers vested in it from time to time as a shareholder ( directly orindirectly ) or holder of any other security or interest ( including any contractual rights in theRestructuring Deed and any influence over any director appointed by such person to such member ofthe Vendor Group or the Group, to the extent consistent with his / her fiduciary duties ) in any memberof the Vendor Group or the Group ; ( iii)DB, shall mean that DB shall in relation to a member of the Vendor Group or a Group Company, undertake to exercise all of its rights under the Restructuring Deed and any influence over anydirector appointed by it to such member of the Vendor Group or a Group Company, to the extentconsistent with his / her fiduciary duties and terms of appointment ; and ( iv)a Manager, shall mean that the Manager shall, in relation to a member of the Vendor Group or a GroupCompany, undertake to exercise his / her voting rights in Argon and use any and all powers vested inhim / her from time to time as a shareholder in Argon ( directly or indirectly ) or holder of any othersecurity or interest in Argon ( including any contractual rights in the Restructuring Deed and, in thecase of Claudio Albrecht only, to the extent that he is a director of a member of the Vendor Group orany Group Company, any rights he has as a director, to the extent consistent with his fiduciary duties),but excluding any rights or powers he / she has in his / her capacity as an employee or officer of anyGroup Company, in each case to ensure compliance with an obligation, or restrict or prevent non - compliance byanother person with an obligation ; and 39 ( b)notwithstanding any other term of this Agreement the liability of Argon, each Indirect Equity Holder, DebtHolder, Indirect Interest Holder and Primary Indirect Interest Holder in respect of any obligation of, orundertaking by Argon, the Indirect Equity Holders, the Debt Holders, the Indirect Interest Holders and thePrimary Indirect Interest Holders, respectively, is several only and not joint or joint and several . Save as whereexpressly provided otherwise in Clause 3.12, the Deed of Novation or the SPA Assignment Deed, no IndirectEquity Holder, Debt Holder, Indirect Interest Holder, Argon or Primary Indirect Interest Holder shall have anyliability under this Agreement for the acts or omissions of any other Indirect Equity Holder, Debt Holder, Indirect Interest Holder, Primary Indirect Interest Holder or Argon, respectively