No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto and no presumption or burden of proof shall arise favouring or disfavouring any party by virtue of the authorship of any provisions of this Agreement.
Appears in 19 contracts
Samples: Canadian Security Agreement (United Rentals North America Inc), Canadian Security Agreement (United Rentals North America Inc), Canadian Security Agreement (United Rentals North America Inc)
No Strict Construction. The parties hereto and their counsel have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party by virtue of the authorship of any provisions of this Agreement.
Appears in 9 contracts
Samples: Membership Purchase Agreement (Lithia Motors Inc), Stock Purchase Agreement (Umpqua Holdings Corp), Agreement and Plan of Reorganization (Lithia Motors Inc)
No Strict Construction. The parties hereto Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto Parties and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party Party by virtue of the authorship of any provisions of this Agreement.
Appears in 6 contracts
Samples: Cryptocurrency Security Agreement, Cryptocurrency Security Agreement, Security Agreement
No Strict Construction. The parties Parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto all Parties hereto, and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party Party by virtue of the authorship of any provisions provision of this Agreement.
Appears in 6 contracts
Samples: Stockholder Support Agreement (Solus Alternative Asset Management LP), Stockholder Support Agreement (Hornbeck Offshore Services Inc /La), Support Agreement (Jacobs Entertainment Inc)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if it was drafted jointly by the parties hereto hereto, and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party hereto by virtue of the authorship of any of the provisions of this Agreement.
Appears in 5 contracts
Samples: Shareholders Agreement (Solar Intermodal Corp), Shareholders Agreement, Shareholders Agreement (Pokertek Inc)
No Strict Construction. The parties hereto Parties have participated jointly in the negotiation and drafting execution of this Agreement. In the event an ambiguity or question of intent or interpretation arisesarises with respect to this Agreement or any of the documents delivered pursuant hereto, this Agreement and such documents shall be construed as if drafted jointly agreed upon by the parties hereto Parties, and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party Party by virtue of the authorship of any of the provisions of this AgreementAgreement or such documents.
Appears in 5 contracts
Samples: Facilities License Agreement, Facilities License Agreement, Facilities License Agreement
No Strict Construction. The parties hereto have participated participated, jointly in the negotiation and drafting of this Agreement. In the event an of any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party by virtue of the authorship of any provisions of this Agreement.
Appears in 5 contracts
Samples: Loan and Security Agreement (Paetec Corp), Loan and Security Agreement (KMC Telecom Holdings Inc), Loan and Security Agreement (KMC Telecom Holdings Inc)
No Strict Construction. The parties hereto to this Agreement have ---------------------- participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the parties hereto parties, and no presumption or burden of proof shall will arise favouring favoring or disfavouring disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.. * * * * *
Appears in 4 contracts
Samples: Subscription and Stockholders Agreement (Pinnacle Holdings Inc), Subscription Agreement (Pinnacle Holdings Inc), Executive Employment Agreement (Pinnacle Holdings Inc)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Subordination Agreement. In the event an ambiguity or question of intent or interpretation arises, this Subordination Agreement shall be construed as if drafted jointly by the parties hereto and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party by virtue of the authorship of any provisions of this Subordination Agreement.
Appears in 4 contracts
Samples: Credit Agreement (Lanier Worldwide Inc), Credit Agreement (Lanier Worldwide Inc), Subordination Agreement (American National Can Group Inc)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto hereto, and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.. [THIS SPACE INTENTIONALLY LEFT BLANK]
Appears in 4 contracts
Samples: Stock Purchase Agreement (Netlibrary Inc), Preferred Stock Purchase Agreement (Netlibrary Inc), Preferred Stock Purchase Agreement (Netlibrary Inc)
No Strict Construction. The parties hereto Parties have participated jointly in the negotiation and drafting of this Agreement. In the event that an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto hereto, and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party by virtue of the authorship of any provisions of this Agreement.
Appears in 4 contracts
Samples: Employment Agreement (H&e Finance Corp), Employment Agreement (H&e Finance Corp), Employment Agreement (H&e Finance Corp)
No Strict Construction. The parties hereto have participated jointly ---------------------- in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto hereto, and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 4 contracts
Samples: Incentive Unit Agreement (Muzak Holdings Finance Corp), Recapitalization Agreement (Iconixx Corp), Stock Purchase Agreement (Proactive Finance Group LLC)
No Strict Construction. The parties hereto to this Agreement have ---------------------- participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto to this Agreement, and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (Muzak Finance Corp), Limited Liability Company Agreement (Avalon Cable Holdings Finance Inc), Limited Liability Company Agreement (Sealy Corp)
No Strict Construction. The parties Parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties Parties hereto and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party Party by virtue of the authorship of any provisions of this Agreement.
Appears in 3 contracts
Samples: BTC Security Agreement, BTC Security Agreement, Property Purchase Agreement
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party by virtue of the authorship of any provisions of this Agreement. [The remainder of this page is intentionally left blank.]
Appears in 3 contracts
Samples: Possession Credit Agreement (Delta Air Lines Inc /De/), Credit Agreement (Delta Air Lines Inc /De/), Possession Credit Agreement (Delta Air Lines Inc /De/)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In Consequently, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall each be construed as if drafted jointly by the parties hereto hereto, and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party by virtue of the authorship of any provisions provision of this Agreement.
Appears in 2 contracts
Samples: Asset and Stock Purchase Agreement (Cendant Corp), Asset and Stock Purchase Agreement (Budget Group Inc)
No Strict Construction. The parties hereto Parties have participated jointly in the negotiation and drafting of this Agreement. In the event of an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto Parties, and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party of the Parties by virtue of the authorship of any of the provisions of this Agreement, however, the Agreement is to be strictly and narrowly construed.
Appears in 2 contracts
Samples: Amended and Restated Research Agreement (Combinatorx, Inc), Research Agreement (Combinatorx, Inc)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if drafted negotiated jointly by the parties hereto and no presumption or burden of proof shall will arise favouring favoring or disfavouring disfavoring any party by virtue of the authorship of any provisions provision of this Agreement.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Packaged Ice Inc), Asset Purchase Agreement (WLR Foods Inc)
No Strict Construction. The parties hereto Parties have participated jointly in the negotiation and drafting execution of this Agreement. In the event an ambiguity or question of intent or interpretation arisesarises with respect to this Agreement or any of the documents delivered pursuant hereto, this Agreement and such documents shall be construed as if drafted jointly prepared by the parties hereto Parties, and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party Party by virtue of the authorship of any of the provisions of this AgreementAgreement or such documents.
Appears in 2 contracts
Samples: License Agreement, License Agreement
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or Exh. C-4 interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto hereto, and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Synta Pharmaceuticals Corp), Asset Purchase Agreement (Synta Pharmaceuticals Corp)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this AgreementAgreement and the language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto hereto, and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this AgreementAgreement and the other Loan Documents. In the event an ambiguity or question of intent or interpretation arises, this Agreement and the other Loan Documents shall be construed as if drafted jointly by the parties hereto and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party by virtue of the authorship of any provisions of this AgreementAgreement or the other Loan Documents.
Appears in 1 contract
No Strict Construction. The parties hereto Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an of any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto all Parties, and no presumption or burden of proof shall arise favouring or disfavouring any party Party by virtue of the authorship of any provisions provision of this Agreement.
Appears in 1 contract
Samples: ideaforgetech.com
No Strict Construction. The parties hereto Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an of any ambiguity or if a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto all Parties, and no presumption or burden of proof shall arise favouring or disfavouring any party Party by virtue of the authorship of any provisions provision of this Agreement.
Appears in 1 contract
Samples: Shareholders’ Agreement
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of or intent or interpretation arises, this Agreement shall be construed as if it was drafted jointly by the parties hereto hereto, and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party hereto by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.. * * * * * [Signature Page Follows]
Appears in 1 contract
Samples: Senior Management Agreement (American Medserve Corp)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this AgreementAgreement and the other Loan Documents. In the event an any ambiguity or question of intent or interpretation arises, this Agreement and the other Loan Documents shall be construed as if drafted jointly by the parties hereto and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party by virtue of the authorship of any provisions of this Agreement. Section 11.18.
Appears in 1 contract
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto hereto, and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.. [SIGNATURE PAGE FOLLOWS]
Appears in 1 contract
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this AgreementAgreement and the other Loan Documents. In the event an ambiguity or question of intent or interpretation arises, this Agreement and each of the other Loan Documents shall be construed as if drafted jointly by the parties hereto and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party by virtue of the authorship of any provisions of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Binks Sames Corp)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event that an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto hereto, and no presumption or of burden of proof shall arise favouring favoring or disfavouring disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Samples: Stock and Note Purchase Agreement (MCK Communications Inc)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party by virtue of the authorship of any provisions of this Agreement.. 70
Appears in 1 contract
Samples: Credit Agreement (Inverness Medical Innovations Inc)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed constructed as if drafted jointly by the parties hereto hereto, and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.. * * * * * * * * * * - 13 -
Appears in 1 contract
Samples: Limited Liability Company Agreement (Norcross Capital Corp)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party by virtue of the authorship of any provisions of this Agreement.. [SIGNATURE PAGE FOLLOWS]
Appears in 1 contract
Samples: Credit Agreement (Roller Bearing Co of America Inc)
No Strict Construction. The parties Parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the parties hereto Parties hereto, and no presumption or burden of proof shall will arise favouring favoring or disfavouring disfavoring any party Party hereto by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Samples: 2022 Event Vendor Agreement
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an of any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the all parties hereto hereto, and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party by virtue of the authorship of any provisions provision of this Agreement.
Appears in 1 contract
Samples: Asset Purchase Agreement (Integrated Alarm Services Group Inc)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this AgreementAgreement and the other Loan Documents. In the event an ambiguity or question of intent or interpretation arises, this Agreement and the other Loan Documents shall be construed as if drafted jointly by the parties hereto and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party by virtue of the authorship of any provisions of this Agreement.
Appears in 1 contract
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party by virtue of the authorship of any provisions of this Agreement.. 112
Appears in 1 contract
Samples: Credit, Guaranty and Security Agreement (Transfix Holdings, Inc.)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event that an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto hereto, and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
No Strict Construction. The parties hereto have participated jointly in the negotiation and and/or drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arisesarises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties hereto County and Consultant and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party by virtue of the authorship of any provisions of this Agreement.
Appears in 1 contract
Samples: Agreement for Consulting Services
No Strict Construction. The parties Parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by all of the parties hereto Parties, and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party Party by virtue of the authorship of any provisions provision of this Agreement.
Appears in 1 contract
Samples: Assignment and Assumption Agreement (Benchmark Electronics Inc)
No Strict Construction. The parties hereto to this Agreement have ---------------------- participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the parties hereto parties, and no presumption or burden of proof shall will arise favouring favoring or disfavouring disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Samples: Executive Employment Agreement (Pinnacle Holdings Inc)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arisesarises under any provision of this Agreement, this Agreement shall be construed as if drafted jointly by the parties hereto thereto, and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.. SECTION 10.11
Appears in 1 contract
Samples: Plan and Agreement
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto hereto, -10- and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Samples: Investor Rights Agreement (Vitalstream Holdings Inc)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto hereto, and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.. SECTION 12.23
Appears in 1 contract
Samples: www.sec.gov
No Strict Construction. 29.1 The parties hereto Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties hereto Parties, and no presumption or burden of proof shall arise favouring or disfavouring any party Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Samples: Agreement (KIT Digital, Inc.)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Assignment Agreement. In the event an ambiguity or question of intent or interpretation arises, this Assignment Agreement shall be construed as if drafted jointly by the parties hereto and no presumption or burden of proof shall arise favouring favoring or disfavouring disfavoring any party by virtue of the authorship of any provisions of this Assignment Agreement.
Appears in 1 contract
Samples: Credit Agreement (SCP Pool Corp)
