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2 — Rules of Construction Unless otherwise defined herein, capitalized terms used in this Agreement that are defined in the Senior Credit Agreement or the Mezzanine Credit Agreement shall have the meanings ascribed to such terms in the Senior Credit Agreement or the Mezzanine Credit Agreement, as the context requires

In the event that a defined term is defined in both the Senior Credit Agreement and the Mezzanine Credit Agreement, and the definitions therein are inconsistent, the definition in the Senior Credit Agreement shall control for purposes of this Agreement unless expressly stated otherwise

The words "hereof," "herein," "hereto," and "hereunder" 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 Agreement

The words "include," "includes," and "including" shall be deemed to be followed by the phrase "without limitation

" The use of the singular shall include the plural, and the use of the plural shall include the singular, in each case as the context requires

The principles of construction set forth in Sections 5-1401 and 5-1402 of the New York General Obligations Law shall apply to this Agreement