Extract to table

"Amended Certificate" means the Amended and Restated Certificate of Incorporation of the Company, in substantially the form attached hereto as Exhibit A, which shall authorize the Series D Preferred Stock and set forth the rights, preferences, privileges, and restrictions thereof, and which shall be filed with the Secretary of State of the State of Delaware on or prior to the Closing Date

2 — Interpretation (a) Unless the context of this Agreement otherwise requires: (i) words of any gender include each other gender; (ii) words using the singular or plural number also include the plural or singular number, respectively; (iii) the terms "hereof," "herein," "hereby," "hereto," and derivative or similar words refer to this entire Agreement; (iv) the terms "Article," "Section," "Schedule," "Exhibit," and "Disclosure Schedule" refer to the specified Article, Section, Schedule, Exhibit, or Disclosure Schedule of or to this Agreement, unless otherwise specified; and (v) the term "or" is not exclusive and shall have the inclusive meaning represented by the phrase "and/or

" (b) The word "including" (and with correlative meaning, "include" and "includes") means including without limiting the generality of any description preceding or following such term, and shall be deemed in each case to be followed by the words "without limitation

" (c) All references to statutes, laws, rules, and regulations shall be deemed to refer to such statutes, laws, rules, and regulations as they may be amended, supplemented, or otherwise modified from time to time, and shall include all rules and regulations promulgated thereunder, unless the context otherwise requires

(d) All references to dollars or "$" shall mean the lawful currency of the United States of America

(f) The headings and captions 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