DEFINITIONS AND INTERPRETATION
1.1
DEFINITIONS
(A)
CAPITALIZED TERMS USED HEREIN SHALL UNLESS OTHERWISE DEFINED OR
REFERENCED HEREIN, HAVE THE MEANINGS ASSIGNED TO SUCH TERMS IN SCHEDULE 3.
(B)
ALL TERMS DEFINED OR INCORPORATED BY REFERENCE IN THIS AGREEMENT
SHALL HAVE SUCH DEFINED MEANINGS WHEN USED IN ANY CERTIFICATE OR OTHER DOCUMENT
MADE OR DELIVERED PURSUANT HERETO UNLESS OTHERWISE DEFINED THEREIN.
1.2
INTERPRETATION
(A)
THE DEFINITIONS CONTAINED HEREIN OR INCORPORATED BY REFERENCE
HEREIN ARE APPLICABLE TO THE SINGULAR AS WELL AS THE PLURAL FORMS OF SUCH TERMS
AND TO THE MASCULINE AS WELL AS TO THE FEMININE AND NEUTER GENDERS OF SUCH
TERMS.
2
(B)
IN THIS AGREEMENT, UNLESS INDICATED OTHERWISE, REFERENCES (IN ANY
MANNER, INCLUDING GENERALLY, SPECIFICALLY, BY NAME, BY CAPACITY, BY ROLE OR
OTHERWISE) TO A PERSON INCLUDE ANY INDIVIDUAL, FIRM, PARTNERSHIP, BODY
CORPORATE, UNINCORPORATED ASSOCIATION, GOVERNMENT, STATE OR AGENCY OF A STATE,
LOCAL OR MUNICIPAL AUTHORITY OR GOVERNMENT BODY, TRUST, FOUNDATION, JOINT
VENTURE OR ASSOCIATION (IN EACH CASE WHETHER OR NOT HAVING SEPARATE LEGAL
PERSONALITY).
1.3
COMPONENTS OF DOCUMENTS
(A)
ANY REFERENCE HEREIN TO A SCHEDULE, EXHIBIT OR APPENDIX TO THIS
AGREEMENT SHALL BE DEEMED TO BE A REFERENCE TO SUCH SCHEDULE, EXHIBIT OR
APPENDIX AS IT MAY BE AMENDED, MODIFIED OR FROM TIME TO TIME TO THE EXTENT THAT
SUCH SCHEDULE, EXHIBIT OR APPENDIX MAY BE AMENDED, MODIFIED OR SUPPLEMENTED (OR
ANY TERM OR PROVISION OF ANY TRANSACTION DOCUMENT MAY BE AMENDED THAT WOULD HAVE
THE EFFECT OF AMENDING, MODIFYING OR SUPPLEMENTING INFORMATION CONTAINED IN SUCH
SCHEDULE, EXHIBIT OR APPENDIX) IN COMPLIANCE WITH THE TERMS OF THE TRANSACTION
DOCUMENTS.
(B)
SECTION, PART, SCHEDULE, EXHIBIT AND APPENDIX REFERENCES CONTAINED
IN THIS AGREEMENT ARE REFERENCES TO SECTIONS, PARTS, SCHEDULES, EXHIBITS AND
APPENDICES IN OR TO THIS AGREEMENT UNLESS OTHERWISE SPECIFIED.
1.4
DOCUMENT REFERENCES PROVISION
References to this Agreement or to any other Transaction Document or any other
document or agreement in this Agreement shall be deemed to be references to any
such document or agreement as amended, restated, supplemented or otherwise
modified from time to time.
1.5
STATUTORY REFERENCES PROVISION
In this Agreement, unless indicated otherwise a reference to provision of the
Bankruptcy Code, Code, ERISA, 1940 Act or the UCC or any other statutory
provision or legislative enactment is to that provision or enactment as amended
or re-enacted and includes any amendments made to that provision that are in
force at that date, any statutory provision of which it is a re-enactment or
consolidation and any order, instrument or regulation made or issued under it.
1.6
GAAP REFERENCES PROVISION
As used herein and in any certificate or other document made or delivered
pursuant hereto or thereto, accounting terms not defined herein or incorporated
by reference herein, and accounting terms partly defined herein or incorporated
by reference herein to the extent not defined, shall have the respective
meanings given to them under GAAP. To the extent that the definitions of
accounting terms herein or incorporated by reference herein are inconsistent
with the meanings of such terms under GAAP,