This excerpt taken from the EBAY 8-K filed Apr 16, 2009.
(a) For purposes of this Agreement, whenever the context requires: the singular number shall include the plural, and vice versa; the masculine gender shall include the feminine and neuter genders; the feminine gender shall include the masculine and neuter genders; and the neuter gender shall include the masculine and feminine genders.
(b) The parties hereto agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in the construction or interpretation of this Agreement.
(c) As used in this Agreement, the words include and including, and variations thereof, shall not be deemed to be terms of limitation, but rather shall be deemed to be followed by the words without limitation.
(d) Except as otherwise indicated, all references in this Agreement to Sections, Exhibits and Schedules are intended to refer to Sections of this Agreement and Exhibits and Schedules to this Agreement.
(e) The bold-faced headings contained in this Agreement are for convenience of reference only, shall not be deemed to be a part of this Agreement and shall not be referred to in connection with the construction or interpretation of this Agreement.
(f) All references to $ or dollars in this Agreement shall mean U.S. dollars. All references to KRW in this Agreement shall mean South Korean Won. All references to business days shall mean each Monday, Tuesday, Wednesday, Thursday and Friday that is not a day on which banking institutions in San Francisco, California, or Seoul, Korea, as the case may be, are authorized or obligated by law to close.
(g) Any dollar or percentage thresholds set forth in this Agreement shall not be used as a benchmark for determining what is or is not material or a Company Material Adverse Effect under this Agreement.
(h) Unless otherwise specified in this Agreement, all references to specific times or dates in this Agreement shall mean such time or date in Seoul, Korea.
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The parties hereto have caused this Agreement to be executed and delivered as of the date first written above.
SIGNATURE PAGE TO SHARE PURCHASE AGREEMENT