definiens: . The word shall, when used with respect to any Person, mean such Person ’s predecessors and any other Person for whose conduct such Person is o r may be responsible . The words, and 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 Agreeme nt . Unless otherwise expressly provided herein, any statute de fined or referred to herein or in any agreement or instrument that is referred to herein means such statute as fr om time to time amended, modified or supplemented, including succession of comparable successor statutes and ref erences to all attachments thereto and instruments incorporated therein . Any reference to any federal, state, local or foreign statute or law shall be de emed also to refer to all rules and regulations promulgated ther eunder, unless the context requires otherwise . When reference is made in this Agreement to information that has b een to Buyer, that shall consist o f only the information that was ( a ) contained in Seller ’s elec tronic data room no later than 5:00 p.m., Eastern t ime, on the second ( 2nd ) Business Day prior to the date of this Agreement or ( b ) delivered to Buyer or its counsel . Unless otherwise expressly provided, wherever the consent of any Person is required or permitted herein, such consent may be withheld in such Person ’s sole and absolute discretion