definiens: will be deemed to be followed by the phrase ( c ) the word will be construed to hav e the same meaning and effect as the word ( d ) any def inition of or reference to any agreement, instrumen t or other document herein will be construed as referring to s uch agreement, instrument or other document as from time to time amended, supplemented or otherwise modified ( s ubject to any restrictions on such amendments, supp lements or modifications set forth herein ), ( e ) any referen ce herein to any Person will be construed to includ e the Person ’s successors and assigns, ( f ) the words and and words of similar import, will be construed to refer to this Agreement in its entiret y and not to any particular provision hereof, ( g ) a ll references herein to Sections, Schedules or Exhibits will be c onstrued to refer to Sections, Schedules or Exhibit s of this Agreement, and references to this Agreement include all Schedules and Exhibits hereto, ( h ) provisions that require that a Party, the Parties or any committee hereunde r or or the like will require that such agreement, consent or approval be specific and in writing, whether by written agreement, letter, approved 66 minutes or otherwise ( but excluding e - mail and inst ant messaging ), ( i ) references to any specific law, rule or regulation, or article, section or other division t hereof, will be deemed to include the then - current amendments thereto or any replacement or successor law, rule o r regulation thereof, ( j ) any action or occurrence deemed to be effective as of a particular date will be deemed to be effective as of 11:59 PM ET on such date and ( k ) the term will be interpreted in the inclusive sense com monly associated with the term 11.17