definiens: when used in thisAgreement is not exclusive . The word in the phrase shall mean the degree to which a subject or other thing extends, and such phrase shall not mean simply . All terms defined in this Agreement shall have the defined meanings when used in any certificateor other document made or delivered pursuant hereto unless otherwise defined therein . References to the term shall bedeemed to have been satisfied by such document, data, information or other item having been made available in electronic data room hostedby Merrill DatasiteOne prior to the date of this Agreement . The definitions contained in this Agreement are applicable to the singular as wellas the plural forms of such terms and to the masculine as well as to the feminine and neuter genders of such term . Any agreement, instrument or statute defined or referred to herein or in any agreement or instrument that is referred to herein means such agreement, instrument or statute as from time to time amended, modified or supplemented, including ( in the case of agreements or instruments ) bywaiver or consent and ( in the case of statutes ) by succession of comparable successor statutes and references to all attachments theretoand instruments incorporated therein