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 favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement.
Appears in 1542 contracts
Samples: Credit, Security and Guaranty Agreement (Shimmick Corp), Credit, Security and Guaranty Agreement (Shimmick Corp), Loan and Security Agreement (Bluebird Bio, 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 favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 433 contracts
Samples: Securities Purchase Agreement (Sonida Senior Living, Inc.), Securities Purchase Agreement (Levinson Sam), Securities Purchase Agreement (Maison Solutions Inc.)
No Strict Construction. The 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 all parties hereto hereto, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions provision of this Agreement.
Appears in 224 contracts
Samples: Subscription Agent Agreement (RiverNorth Capital & Income Fund, Inc.), Agent Agreement (Western Asset High Income Fund Ii Inc.), Depositary and Information Agent Agreement (Tortoise Pipeline & Energy Fund, 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 jointly by the parties hereto hereto, and no presumption or burden of proof shall will arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 91 contracts
Samples: Executive Employment Agreement (KORE Group Holdings, Inc.), Executive Employment Agreement (KORE Group Holdings, Inc.), Executive Employment Agreement (KORE Group Holdings, 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 favoring or disfavoring any party Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 55 contracts
Samples: Investment Agreement (Finnovate Acquisition Corp.), Investment Agreement (Constellation Acquisition Corp I), Investment Agreement (Global Partner Acquisition Corp II)
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 favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 51 contracts
Samples: Asset Purchase Agreement (Peptide Technologies, Inc.), Reorganization and Subscription Agreement, Reorganization 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 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 favoring or disfavoring any party by virtue of authoring any of the authorship of any provisions of this Agreement.
Appears in 50 contracts
Samples: Employment Agreement (VBI Vaccines Inc/Bc), Employment Agreement (Definitive Healthcare Corp.), Employment Agreement (Definitive Healthcare 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 favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.. * * * * *
Appears in 47 contracts
Samples: Registration Rights Agreement (Pinstripes Holdings, Inc.), Registration Rights Agreement (Presto Automation Inc.), Registration Rights Agreement (Oncology Institute, 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 favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 47 contracts
Samples: Option Agreement (Universal Security Instruments Inc), Management Services Agreement (Lendway, Inc.), Sponsor Funding Agreement (SmartStop Self Storage REIT, 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 favoring or disfavoring any either party hereto by virtue of the authorship of any of the provisions of this Agreement.
Appears in 47 contracts
Samples: Employment Agreement (Gyre Therapeutics, Inc.), Employment Agreement (Tego Cyber, Inc.), Employment Agreement (Gyre Therapeutics, 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 favoring or disfavoring any party hereto by virtue of the authorship of any of the provisions of this Agreement.
Appears in 44 contracts
Samples: Unit Purchase Agreement (Digital Ally Inc), Investment Agreement, Subscription Agreement (Healthwell Acquisition Corp. I)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this AgreementAgreement and the other agreements and documents contemplated herein. In the event an ambiguity or question of intent or interpretation arisesarises under any provision of this Agreement or any other agreement or documents contemplated herein, this Agreement and such other agreements or documents shall be construed as if drafted jointly by the parties hereto thereto, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of authoring any of the authorship of any provisions of this AgreementAgreement or any other agreements or documents contemplated herein.
Appears in 42 contracts
Samples: Agreement and Plan of Merger (Liquidity Services Inc), Securities Purchase Agreement, Stock Purchase Agreement
No Strict Construction. The parties hereto Parties 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, and no presumption or burden of proof shall arise favoring or disfavoring any party Party by virtue of the authorship of any provisions provision of this Agreement.
Appears in 41 contracts
Samples: Stock Purchase Agreement (American Software Inc), Management Services Agreement (1847 Holdings LLC), Shared Services Agreement (FG Financial Group, 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 be construed as if drafted jointly by the parties hereto to this Agreement, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 35 contracts
Samples: Operating Agreement, Members Agreement, Limited Liability Company Agreement (Altera Infrastructure L.P.)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting draft of this Agreement. In the event an any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if it were drafted jointly by the parties hereto hereto, and no presumption or burden of proof shall arise favoring or disfavoring any party hereto by virtue of the authorship of any provisions provision of this Agreement.
Appears in 31 contracts
Samples: Escrow Agreement (Safe & Green Development Corp), Escrow Agreement (Safe & Green Holdings Corp.), Membership Interest Purchase Agreement (Callon Petroleum Co)
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 parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 25 contracts
Samples: Asset Purchase Agreement (Landec Corp \Ca\), Asset Purchase Agreement (Marin Software Inc), Stock Purchase Agreement (Trimble Inc.)
No Strict Construction. The 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 all parties hereto hereto, and no not presumption or burden of or proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions provision of this Agreement.
Appears in 25 contracts
Samples: Depositary Agreement (Diversified Real Asset Income Fund), Depositary Agreement (Nuveen Global High Income Fund), Depositary Agreement (Diversified Real Asset Income Fund)
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 favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 20 contracts
Samples: Purchase Agreement (Divine Interventures Inc), Note and Warrant Purchase Agreement (Churchill Environmental & Industrial Equity Partners Lp), Purchase Agreement (Divine Interventures Inc)
No Strict Construction. The parties hereto Parties 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 and no presumption or burden of proof shall arise favoring or disfavoring any party Party by virtue of the authorship of any provisions provision of this Agreement.
Appears in 18 contracts
Samples: Stock Purchase Agreement (TE Connectivity Ltd.), Stock Purchase Agreement, Separation Agreement (Essendant Inc)
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 parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement.
Appears in 17 contracts
Samples: Pledge Agreement (AGBA Group Holding Ltd.), Security Agreement (Svse LLC), Security Agreement (Aemetis, 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 favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.. * * * * *
Appears in 17 contracts
Samples: Purchase Agreement (Bankvest Capital Corp), Stock Purchase Agreement (Focal Communications Corp), Purchase Agreement (Bankvest Capital 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 will be construed as if drafted jointly by the parties hereto Parties hereto, and no presumption or burden of proof shall will arise favoring or disfavoring any party Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 16 contracts
Samples: Executive Employment Agreement (BioRestorative Therapies, Inc.), Executive Employment Agreement (BioRestorative Therapies, Inc.), Shared Services Agreement (TenX Keane Acquisition)
No Strict Construction. The parties hereto have participated This Agreement has been prepared jointly in the negotiation and drafting of this Agreementwill not be construed against either party. 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 favoring or disfavoring any party hereto by virtue of the authorship of any provisions of this Agreement.
Appears in 14 contracts
Samples: Share Purchase Agreement (BeiGene, Ltd.), Share Purchase Agreement (BeiGene, Ltd.), Share Purchase Agreement (Amgen 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 to this Agreement, and no presumption or burden of proof shall will arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 14 contracts
Samples: Option Rollover Agreement (Datto Holding Corp.), Stockholders Agreement (Paycom Software, Inc.), Registration Rights Agreement (Solera Holdings, Inc)
No Strict Construction. The 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 all parties hereto hereto, and no presumption or burden of or proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions provision of this Agreement.
Appears in 13 contracts
Samples: Agency and Service Agreement (India Fund, Inc.), Agency and Service Agreement (Abrdn Total Dynamic Dividend Fund), Agency and Service Agreement (Aberdeen Standard Global Infrastructure Income Fund)
No Strict Construction. The parties hereto Parties 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 arisesarises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties hereto Parties, and no presumption or burden of proof shall arise favoring or disfavoring any party a Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 12 contracts
Samples: Operating and Maintenance Agreement (Blueknight Energy Partners, L.P.), Lease Agreement (Blueknight Energy Partners, L.P.), Access and Use Agreement (SemGroup Energy Partners, L.P.)
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 jointly by the parties hereto and no presumption or burden of proof shall will arise favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement.
Appears in 12 contracts
Samples: Credit and Guaranty Agreement (Bioventus Inc.), Credit and Guaranty Agreement (Artivion, Inc.), Credit and Guaranty Agreement (Cohu 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 be construed as if drafted jointly by the parties hereto such parties, and no presumption or burden of proof shall arise favoring or disfavoring any such party by virtue of the authorship of any of the provisions of this Agreement.. * * * * *
Appears in 12 contracts
Samples: Stock Option Agreement (CHG Healthcare Services, Inc.), Stock Option Agreement (CHG Healthcare Services, Inc.), Stock Option Agreement (CHG Healthcare Services, 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 will be construed as if drafted jointly by the parties hereto Parties, and no presumption or burden of proof shall will arise favoring or disfavoring any party Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 11 contracts
Samples: Stock Purchase and Option Agreement (ImmunityBio, Inc.), Option Agreement (Humacyte, Inc.), Share Purchase Agreement (Digital Turbine, Inc.)
No Strict Construction. The 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 all parties hereto hereto, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions provision of this Agreement.. * * * * *
Appears in 11 contracts
Samples: Merger Agreement (Revelstone Capital Acquisition Corp.), Merger Agreement (Revelstone Capital Acquisition Corp.), Business Combination Agreement (StoneBridge Acquisition 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 hereto Parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any party Party hereto by virtue of the authorship of any of the provisions of this Agreement.
Appears in 10 contracts
Samples: Laboratory Services Agreement, Asset Purchase Agreement (Adamis Pharmaceuticals Corp), Asset Purchase Agreement (Chefs' Warehouse, Inc.)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this AgreementAgreement and the other documents and agreements contemplated herein. In the event an ambiguity or question of intent or interpretation arisesarises under any provision of this Agreement or any other document or agreement contemplated herein, this Agreement and such other documents and agreements shall be construed as if drafted jointly by the parties hereto thereto, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of authoring any of the authorship of any provisions of this AgreementAgreement or any other documents or agreements contemplated herein.
Appears in 10 contracts
Samples: Indemnification Agreement (China Rapid Finance LTD), Investor Rights Agreement (China Rapid Finance LTD), Indemnification Agreement (China Rapid Finance LTD)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this AgreementAgreement with counsel sophisticated in transactions of this type. 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 favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement.
Appears in 10 contracts
Samples: Interest Purchase Agreement (Select Medical Holdings Corp), Interest Purchase Agreement (Select Medical Holdings Corp), Interest Purchase Agreement (Select Medical Holdings Corp)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this AgreementAgreement with counsel sophisticated in financing transactions. 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 favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement.
Appears in 10 contracts
Samples: Revenue Sharing and Note Purchase Agreement (Inventergy Global, Inc.), Revenue Sharing and Securities Purchase Agreement (Marathon Patent Group, Inc.), Revenue Sharing and Note Purchase Agreement (Andrea Electronics Corp)
No Strict Construction. The parties Parties hereto have participated jointly in the negotiation and drafting draft of this Agreement. In the event an any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if it were drafted jointly by the parties hereto Parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any party hereto by virtue of the authorship of any provisions provision of this Agreement.
Appears in 10 contracts
Samples: Stock Purchase Agreement (EKIMAS Corp), Offering Deposit Account Agency Agreement (LMP Automotive Holdings Inc.), Offering Deposit Account Agency Agreement (CNS Pharmaceuticals, Inc.)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event If 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 favoring favouring or disfavoring disfavouring any party by virtue of the authorship of any provisions of this Agreement.
Appears in 9 contracts
Samples: Credit Agreement (SSR Mining Inc.), Credit Agreement (Algoma Steel Group Inc.), Royalty Agreement (SSR Mining 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 favoring or disfavoring any party Party by virtue of the authorship of any of the provisions of this Agreement.. * * * * *
Appears in 9 contracts
Samples: Membership Interest Purchase Agreement (Manitex International, Inc.), Services Agreement (Knowlton Development Parent, Inc.), Registration 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 favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement.
Appears in 9 contracts
Samples: Credit Agreement (Intercept Group Inc), Credit Agreement (Boston Chicken Inc), Credit Agreement (Measurement Specialties 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 be construed as if drafted jointly by the parties hereto Parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any party Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 9 contracts
Samples: Employment Agreement (Grom Social Enterprises, Inc.), Employment Agreement (Grom Social Enterprises, Inc.), Membership Interest Purchase Agreement (Air Methods Corp)
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 favoring or disfavoring any party of the Parties by virtue of the authorship of any of the provisions of this Agreement.
Appears in 9 contracts
Samples: Sbir/STTR Research Agreement, Sbir/STTR Research Agreement, Sbir/STTR Sponsored Research Agreement
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an any ambiguity or question of or intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the all parties hereto hereto, and no not presumption or burden of or proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions provision of this Agreement.
Appears in 9 contracts
Samples: Agreement (Gabelli Convertible & Income Securities Fund Inc), Agreement (Gabelli Global Utility & Income Trust), Agency and Service Agreement (Gabelli Healthcare & WellnessRx Trust)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of to 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 favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.. * * * * *
Appears in 8 contracts
Samples: Registration Agreement (Homebanc Corp), Registration Agreement (Homebanc Corp), And Restated Registration Agreement (Homebanc 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 favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.. * * * * * * * * *
Appears in 8 contracts
Samples: Limited Liability Company Agreement (Success Acquisition Corp), Limited Liability Company Agreement (Success Acquisition Corp), Limited Liability Company Agreement (Success Acquisition Corp)
No Strict Construction. The parties hereto Parties have participated jointly in the negotiation and drafting of this AgreementAgreement and the Transaction Agreements. In the event an ambiguity or question of intent or interpretation arises, this Agreement and the other Transaction Agreements shall be construed as if drafted jointly by the parties hereto Parties, and no presumption or burden of proof shall arise favoring or disfavoring any party Party by virtue of the authorship of any of the provisions of this Agreement or any other Transaction Agreement.
Appears in 8 contracts
Samples: Shareholders Agreement (VimpelCom Ltd.), Registration Rights Agreement (VimpelCom Ltd.), Shareholders Agreement (VimpelCom Ltd.)
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 favoring or disfavoring any party hereto by virtue of the authorship of any of the provisions of this Agreement.. * * * * *
Appears in 7 contracts
Samples: Transaction Agreement (Wellcare Health Plans, Inc.), Stock Purchase Agreement (Keystone Automotive Operations Inc), Stock Purchase Agreement (Keystone Automotive Operations 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 favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement.. 11.5
Appears in 7 contracts
Samples: Loan and Security Agreement (Replimune Group, Inc.), Loan and Security Agreement (G1 Therapeutics, Inc.), Loan and Security Agreement (X4 Pharmaceuticals, 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 favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.. * * *
Appears in 7 contracts
Samples: Share Purchase Agreement (Solar Capital Ltd.), Stock Purchase Agreement (Ziff Davis Intermediate Holdings Inc), Stock Purchase Agreement (Ziff Davis Intermediate Holdings Inc)
No Strict Construction. The parties hereto have participated jointly in the negotiation negotiating 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 hereto, an no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 6 contracts
Samples: Management Services Agreement (SMG Indium Resources Ltd.), Management Services Agreement (SMG Indium Resources Ltd.), Management Services Agreement (SMG Indium Resources Ltd.)
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 favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Ziff Davis Media Inc), Securityholders' Agreement (Primus Capital Fund Iv LTD Partnership), Asset Purchase Agreement (Iconixx Corp)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an any ambiguity or question of or 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 favoring or disfavoring any party by virtue of the authorship of any provisions provision of this Agreement.
Appears in 6 contracts
Samples: Transfer Agency and Service Agreement (Tortoise Energy Independence Fund, Inc.), Agency and Service Agreement (Tortoise Pipeline & Energy Fund, Inc.), Agreement (Tortoise MLP Fund, Inc.)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this AgreementAgreement and the other Agreements. In the event an ambiguity or question of intent or interpretation arises, this Agreement and the other Agreements shall be construed as if drafted jointly by the parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions of this AgreementAgreement or any of the other Agreements.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Axion International Holdings, Inc.), Securities Purchase Agreement (United Energy Corp /Nv/), Securities Purchase Agreement (Axion International Holdings, Inc.)
No Strict Construction. The parties hereto Parties 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 Parties, and no presumption or burden of proof shall arise favoring favouring or disfavoring any party disfavouring either Party by virtue of the authorship of any provisions provision of this Agreement.
Appears in 6 contracts
Samples: Arrangement Agreement, Transition and Asset Purchase Agreement (Mohegan Tribal Gaming Authority), Purchase Agreement (Star Mountain Resources, 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 favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement.. 106
Appears in 6 contracts
Samples: Credit Agreement (DTLR Holding, Inc.), Credit Agreement (DTLR Holding, Inc.), Credit Agreement (DTLR Holding, 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 favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. Wherever a conflict exists between this Agreement and any other agreement, this Agreement shall control but solely to the extent of such conflict.
Appears in 6 contracts
Samples: Stockholders Agreement (Paymentus Holdings, Inc.), Stockholders Agreement (Paymentus Holdings, Inc.), Stockholders Agreement (Shoals Technologies Group, Inc.)
No Strict Construction. The parties hereto Parties 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 favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 6 contracts
Samples: Services Agreement (American Railcar Industries, Inc.), Consulting Services Agreement (American Railcar Industries, Inc.), Consulting Services Agreement (American Railcar Industries, Inc.)
No Strict Construction. The parties hereto Parties 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 favoring or disfavoring any party Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 5 contracts
Samples: Consulting Services Agreement (Mastech Digital, Inc.), Management Services Agreement (Tectonic Financial, Inc.), Insurance Contribution Agreement (Tectonic Financial, 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 arisesarises under any provision of this Agreement, this Agreement shall be construed as if drafted jointly by the parties hereto Parties, and no presumption or burden of proof shall arise favoring or disfavoring any party Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Spectrum Brands, Inc.), Agreement and Plan of Merger (United Industries Corp), Share Purchase Agreement (Spectrum Brands, 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 be construed as if drafted jointly by the parties hereto such parties, and no presumption or burden of proof shall arise favoring or disfavoring any such party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 5 contracts
Samples: Stock Option Agreement (CHG Healthcare Services, Inc.), Stock Option Agreement (CHG Healthcare Services, Inc.), Stockholders Agreement (CHG Healthcare Services, Inc.)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreementletter agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement letter agreement shall be construed as if drafted jointly by the parties hereto hereto, and no presumption or burden of proof shall arise favoring or disfavoring any party hereto by virtue of the authorship of any of the provisions of this Agreementletter agreement.
Appears in 5 contracts
Samples: Letter Agreement (Birds Eye Foods, Inc.), Marketing and Facilitation Agreement (Pro Fac Cooperative Inc), Marketing and Facilitation Agreement (Agrilink Foods 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 favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement.
Appears in 5 contracts
Samples: Investment Agreement (Seacor Holdings Inc /New/), Purchase Agreement (Psi Technologies Holdings Inc), Security Agreement (Dan River Inc /Ga/)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the parties hereto hereto, and no presumption or burden of proof shall will arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 5 contracts
Samples: Rail Transportation Services Agreement (Green Plains Partners LP), Rail Transportation Services Agreement (Green Plains Partners LP), Ethanol Storage and Throughput Agreement (Green Plains 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 be construed as if drafted jointly by the parties hereto Parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 5 contracts
Samples: Stock Purchase Agreement, Stock Purchase Agreement (LRAD Corp), Joint Venture Agreement (Frac Water Systems, 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 will be construed as if drafted jointly by the parties hereto Parties, and no presumption or burden of proof shall will arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 5 contracts
Samples: Put Option Agreement (Lotus Technology Inc.), Put Option Agreement (Lotus Technology Inc.), Put Option Agreement (Lotus Technology Inc.)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event If 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 favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement.
Appears in 5 contracts
Samples: Equity Contribution Agreement, Credit and Guaranty Agreement (NRC Group Holdings Corp.), Pledge and Security Agreement (NRC Group Holdings 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 favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 4 contracts
Samples: Master Agreement (Nucentrix Broadband Networks Inc), Master Agreement (Nucentrix Broadband Networks Inc), 16 Master Agreement (Cs Wireless Systems Inc)
No Strict Construction. The parties hereto Parties have participated jointly in the negotiation and drafting of this AgreementAgreement and the other Transaction Agreements. In the event an ambiguity or question of intent or interpretation arises, this Agreement and the other Transaction Agreements shall be construed as if drafted jointly by the parties hereto Parties, and no presumption or burden of proof shall arise favoring or disfavoring any party Party by virtue of the authorship of any of the provisions of this Agreement or any other Transaction Agreement.
Appears in 4 contracts
Samples: Share Exchange Agreement (VimpelCom Ltd.), Share Exchange Agreement (VimpelCom Ltd.), Share Exchange Agreement (Telenor East Invest As)
No Strict Construction. The 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, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions provision of this Agreement.
Appears in 4 contracts
Samples: Agency and Service Agreement (Eagle Point Credit Co Inc.), Transfer Agency and Service Agreement (Nuveen Churchill Direct Lending Corp.), Management Services Agreement (Remembrance 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 favoring or disfavoring any either party hereto by virtue of the authorship of any of the provisions of this Agreement.. β
Appears in 4 contracts
Samples: Employment Agreement (TE Connectivity Ltd.), Employment Agreement (TE Connectivity Ltd.), Employment Agreement (TE Connectivity Ltd.)
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 favoring or disfavoring any party hereto by virtue of the authorship of any of the provisions of this Agreement. The parties hereto agree that prior drafts of this Agreement shall not be deemed to provide any evidence as to the meaning of any provision hereof or the intent of the parties hereto with respect to the terms hereof.
Appears in 4 contracts
Samples: Membership Interests Purchase Agreement (UpHealth, Inc.), Membership Interests Purchase Agreement (UpHealth, Inc.), Stock Purchase Agreement (Ubic, 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 favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 4 contracts
Samples: Subscription Agreement (Align Technology Inc), Letter Agreement (Coty Inc.), Letter Agreement (Coty Inc.)
No Strict Construction. The 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 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 favoring or disfavoring any party by virtue of the authorship of any provisions provision of this Agreement.
Appears in 4 contracts
Samples: The Transfer Agency and Service Agreement (Guggenheim Active Allocation Fund), Agency and Service Agreement (Guggenheim Taxable Municipal Managed Duration Trust), Transfer Agency and Service Agreement (Advent Claymore Convertible Securities & Income Fund)
No Strict Construction. The parties hereto Parties have participated jointly in the negotiation and drafting of this AgreementAgreement and the other agreements contemplated hereby. 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 favoring or disfavoring any party Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 4 contracts
Samples: Share Subscription Agreement (Qihoo 360 Technology Co LTD), Share Purchase and Subscription Agreement (Vipshop Holdings LTD), Share Purchase Agreement (Vipshop Holdings LTD)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Participation Agreement. In the event an any ambiguity or question of intent or interpretation arises, this Participation Agreement shall be construed as if drafted jointly by the parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions of this Participation Agreement.
Appears in 3 contracts
Samples: Participation Agreement (H&r Block Inc), Participation Agreement (H&r Block Inc), Participation Agreement (H&r Block Inc)
No Strict Construction. The parties hereto have Parties participated jointly in the negotiation and drafting of this Agreement. In Agreement and, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if jointly drafted jointly by the parties hereto Parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions provision of this Agreement.
Appears in 3 contracts
Samples: Asset Purchase Agreement, Purchase Agreement (Summit Global Logistics, Inc.), Nondisclosure Agreement (International Fight League, Inc.)
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 favoring or disfavoring any party Party by virtue of the authorship of any provisions provision of this Agreement.. * * *
Appears in 3 contracts
Samples: Purchase and Sale Agreement (SBS Broadcasting S A), Purchase and Sale Agreement (SBS Broadcasting S A), Purchase and Sale Agreement (United Pan Europe Communications Nv)
No Strict Construction. The 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 all parties hereto hereto, and no not presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions provision of this Agreement.
Appears in 3 contracts
Samples: Subscription Agent Agreement, Subscription Agent Agreement (Keating Capital Inc), Subscription Agent Agreement (Pilgrims Pride Corp)
No Strict Construction. The parties (directly and through their counsel) 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 favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement.
Appears in 3 contracts
Samples: Security Agreement (Ugi Corp /Pa/), Subordination Agreement (Sonic Automotive Inc), Subordination Agreement (Sonic Automotive 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 or proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement.
Appears in 3 contracts
Samples: Limited Liability Company Pledge Agreement (American Classic Voyages Co), Limited Liability Company Pledge Agreement (American Classic Voyages Co), Limited Liability Company Pledge Agreement (American Classic Voyages Co)
No Strict Construction. The parties hereto Parties have participated jointly in the negotiation and drafting of this Agreement. In the event If 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 favoring or disfavoring any party Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 3 contracts
Samples: Membership Interest Purchase Agreement (Grom Social Enterprises, Inc.), Stock Exchange Agreement (Wetouch Technology Inc.), Agreement of Merger (Red Cat 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 parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. No draft of this Agreement shall be considered in construing the meaning hereof.
Appears in 3 contracts
Samples: Securities Repurchase Agreement (Mgic Investment Corp), Securities Purchase Agreement (Mgic Investment Corp), Securities Purchase Agreement (Radian Group Inc)
No Strict Construction. The parties hereto Parties have participated jointly in the negotiation and drafting of this AgreementAgreement and each other Transaction Document. In the event an ambiguity or question of intent or interpretation arises, this Agreement and each other Transaction Document shall be construed as if drafted jointly by the parties hereto Parties, and no presumption or burden of proof shall arise favoring or disfavoring any party Party by virtue of the authorship of any of the provisions of this AgreementAgreement or any other Transaction Document.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Perseus Partners Vii L P), Security Agreement (Satcon Technology Corp), Securities Purchase Agreement (Distributed Energy Systems Corp)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of to 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 favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 3 contracts
Samples: Standstill Agreement (Rhineheart Gary Reed), Standstill Agreement (Ebank Financial Services Inc), Registration Agreement (Synagro Technologies Inc)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. Each of the parties hereto represents to the other party hereto that it has discussed this Agreement with its counsel. 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 favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Bel Fuse Inc /Nj), Merger Agreement (C&d Technologies Inc), Merger Agreement (Collegiate Funding Services Inc)
No Strict Construction. The parties hereto have jointly 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 favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 3 contracts
Samples: Employment Agreement (Faro Technologies Inc), Employment Agreement (Faro Technologies Inc), Consulting Agreement (Faro Technologies Inc)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this AgreementAgreement and the other Transaction Documents. In the event an ambiguity or question of intent or interpretation arisesarises under any provision of this Agreement or any Transaction Document, this Agreement or such other Transaction Document shall be construed as if drafted jointly by the parties hereto thereto, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this AgreementAgreement or any other Transaction Document.
Appears in 3 contracts
Samples: Shareholders Agreement (LDK Solar Co., Ltd.), Securities Purchase Agreement (Neoprobe Corp), Note Purchase Agreement (Neoprobe Corp)
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 will be construed as if drafted jointly by the parties hereto parties, and no presumption or burden of proof shall will arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 3 contracts
Samples: Right of First Refusal Agreement (Ocean Imagination L.P.), Right of First Refusal Agreement (Ctrip Com International LTD), Right of First Refusal Agreement (Keystone Lodging Holdings LTD)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this AgreementAgreement and the other Documents with counsel sophisticated in financing transactions. In the event an ambiguity or question of intent or interpretation arises, this Agreement and the other Documents shall be construed as if drafted jointly by the parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions of this AgreementAgreement and the other Documents.
Appears in 3 contracts
Samples: 2004 Warrant and Registration Rights Agreement (Ibasis Inc), Securities Exchange Agreement (Ibasis Inc), Securities Exchange Agreement (Ibasis 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 favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 3 contracts
Samples: Exchange Agreement (P Com Inc), Exchange Agreement (P Com Inc), 48b Exchange Agreement (P Com Inc)
No Strict Construction. The 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 hereto, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 3 contracts
Samples: Registration Rights Agreement (Heico Corp), Professional Services Agreement (Acadia Healthcare Company, Inc.), Consulting Agreement (Local Insight Yellow Pages, 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 favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.. * * * *
Appears in 3 contracts
Samples: Management and Consulting Services Agreement (Muzak Finance Corp), Management and Consulting Services Agreement (Avalon Cable Finance Inc), Management and Consulting Services 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 arises, this Agreement shall be construed as if drafted jointly by the parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement. The headings in this Agreement are for convenience of reference only, are not part of this Agreement and do not affect its interpretation.
Appears in 3 contracts
Samples: Loan and Security Agreement (Poniard Pharmaceuticals, Inc.), Loan and Security Agreement (Poniard Pharmaceuticals, Inc.), Loan and Security Agreement (Inspire Pharmaceuticals 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 favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.. * * * *
Appears in 3 contracts
Samples: Stockholders Agreement (United Industries Corp), Preferred Stock Purchase Agreement (Corechange Inc), Stockholders Agreement (Kc Holding 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 arisesarises under any provision of this Agreement, this Agreement shall be construed as if drafted jointly by the parties hereto Parties thereto, and no presumption or burden of proof shall arise favoring or disfavoring any party Party by virtue of authoring any of the authorship of any provisions of this Agreement.
Appears in 3 contracts
Samples: Share Purchase Agreement (Syneron Medical Ltd.), Share Purchase Agreement (Syneron Medical Ltd.), Share Purchase Agreement (Syneron Medical Ltd.)
No Strict Construction. The parties (directly and through their counsel) 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 and no presumption or burden of proof shall will arise favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement.
Appears in 3 contracts
Samples: Debt Subordination and Intercreditor Agreement (Capital Growth Systems Inc /Fl/), Debt Subordination and Intercreditor Agreement (Capital Growth Systems Inc /Fl/), Debt Subordination and Intercreditor Agreement (Capital Growth Systems Inc /Fl/)
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 will arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 3 contracts
Samples: Stock Transfer Agreement (Omnicom Group Inc), Exhibit 1 Stock Transfer Agreement (Omnicom Group Inc), Stock Transfer Agreement (Omnicom Group Inc)
No Strict Construction. The parties hereto Parties 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, and no presumption or burden of proof shall arise favoring or disfavoring any party Party by virtue of the authorship of any provisions provision of this Agreement.. * * *
Appears in 2 contracts
Samples: Put Agreement, Put Agreement (Eye Care Centers of America Inc)
No Strict Construction. 20.1 The parties hereto have participated jointly in the negotiation and drafting of this the Agreement. In the event If an ambiguity or question of intent or interpretation arises, this the Agreement shall will be construed as if drafted jointly by the parties hereto hereto, and no presumption or burden of proof shall will arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this the Agreement.
Appears in 2 contracts
Samples: www.imdexlimited.com, www.imdexlimited.com
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 favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement.. 148
Appears in 2 contracts
Samples: Credit Agreement (Barnes & Noble Inc), Credit Agreement (Scott Technologies 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 favoring or disfavoring any party Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 2 contracts
Samples: Loan Termination Agreement (Callaway Golf Co /Ca), Membership Interest Purchase Agreement (Callaway Golf Co /Ca)
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 favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement.
Appears in 2 contracts
Samples: Loan and Security Agreement (Paetec Corp), Loan and Security Agreement (Paetec Corp)
