definiens: in the phrase means th e degree to which a subject or other thing extends, and such phrase does not mean simply ; ( e ) the descripti ve headings and table of contents included herein a re included for convenience only and shall not affect in any wa y the meaning or interpretation of this Agreement o r any provision hereof ; ( f ) definitions contained in this Agreement are applicable to the singular as well a s the plural forms of such terms ; ( g ) references to a contract o r agreement mean such contract or agreement as amen ded or otherwise supplemented or modified from time to tim e ; ( h ) references to a Person are also to its permi tted successors and assigns ; ( i ) references to an or refer to an Article or Section of, or an Exhibit or Schedule to, this Agre ement ; ( j ) references to or otherwise to dollar amounts refer to the lawful currency of the United States ; ( k ) references to a federal, state, local or foreig n Law include any rules, regulations and delegated legislation is sued thereunder ; ( l ) references to accounting terms used and not otherwise defined herein have the meaning assigned to them under GAAP ; and ( m ) a term that begins with an initial capital letter, is not defined herein and r eflects a different part of speech than a term that begins with an initial - 74 - capital letter and is defined herein, shall be inte rpreted in a correlative manner . When reference is made in this Agreement to information that has been to the Buyer, that shall consist of only the i nformation that was ( i ) contained in the Company ’s electronic data room no later than 5:00 p.m., Eastern time, on the second ( 2nd ) Business Day prior to the date of this Agreem ent or ( ii ) delivered to the Buyer or its counsel . The language used in this Agreement shall be deemed to be the la nguage chosen by the parties hereto to express thei r mutual intent, and no rule of strict construction shall be applied against any party hereto . No summary of th is Agreement prepared by any party shall affect the meaning or i nterpretation of this Agreement . If any date on whi ch a party is required to make a payment or a delivery pursuan t to the terms hereof is not a Business Day, then s uch party shall make such payment or delivery on the next suc ceeding Business Day . Time shall be of the essence in this Agreement