Common use of Construction and Interpretation Clause in Contracts

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, or through its agent, prepared the same, and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, have participated in the preparation hereof.

Appears in 25 contracts

Samples: Employment Agreement (Twin Vee PowerCats, Co.), Employment Agreement (Forza X1, Inc.), Employment Agreement (Twin Vee PowerCats, Co.)

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Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that Borrower, Lender and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 22 contracts

Samples: Amended and Restated Loan Agreement (Home Solutions of America Inc), Employment Agreement (Accentia Biopharmaceuticals Inc), Loan Agreement (Home Solutions of America Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Borrower, Lender and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 13 contracts

Samples: Loan Agreement (American Consolidated Laboratories Inc), Security Agreement (Paysys International Inc), Loan Agreement (Factory Card Outlet Corp)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, or through its agent, prepared the same, and it is expressly agreed and acknowledged that the Executive, the Company and Executive their respective attorneys and each of his and its representatives, legal and otherwise, representatives have participated in the preparation hereof.

Appears in 7 contracts

Samples: Employment Agreement (Insignia Financial Group Inc), Employment Agreement (Insignia Financial Group Inc), Employment Agreement (Insignia Financial Group Inc /De/)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Company, the Purchaser and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 7 contracts

Samples: Note Purchase Agreement (Global Beverage Solutions, Inc.), Note and Warrant Purchase Agreement (National Coal Corp), Note and Warrant Purchase Agreement (Brilliant Digital Entertainment Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, or through its agent, prepared the same, and it is expressly agreed and acknowledged that Employee, the Company and Executive their respective attorneys and each of his and its representatives, legal and otherwise, representatives have participated in the preparation hereof.

Appears in 4 contracts

Samples: Employment Agreement (Interdent Inc), Employment Agreement (Insignia Financial Group Inc /De/), Employment Agreement (Interdent Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Lenders, Borrowers and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 4 contracts

Samples: Business Loan Agreement (Genomic Solutions Inc), Business Loan Agreement (Genomic Solutions Inc), Business Loan Agreement (Genomic Solutions Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that Borrowers, Lender and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 4 contracts

Samples: Pledge and Security Agreement (Dreams Inc), Pledge and Security Agreement (Dreams Inc), Loan Agreement (Imtek Office Solutions Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that Debtor, Secured Parties and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 3 contracts

Samples: Assignment and Assumption Agreement (First Capital Real Estate Trust Inc), Assignment and Assumption Agreement (Photomedex Inc), Security Agreement (Photomedex Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Company, the Investor and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 3 contracts

Samples: Investor Rights Agreement (Tag It Pacific Inc), Stockholders Agreement (Tag It Pacific Inc), Stock and Warrant Purchase Agreement (Tag It Pacific Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Obligors, Lenders and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 2 contracts

Samples: Loan Agreement (Sb Merger Corp), Loan Agreement (Dynagen Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that each Loan Party, Lender and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 2 contracts

Samples: Loan and Security Agreement (Melt Pharmaceuticals, Inc.), Loan and Security Agreement (Harrow Health, Inc.)

Construction and Interpretation. Should any provision of this ------------------------------- Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that Borrowers, InterCept and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 2 contracts

Samples: Loan Agreement (Intercept Group Inc), Loan Agreement (Intercept Group Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, or through its agent, prepared the same, and it is expressly agreed and acknowledged that the Consultant, the Company and Executive and each of his and its their respective representatives, legal and otherwise, have participated in the preparation hereof.

Appears in 2 contracts

Samples: Consulting Agreement (Resortquest International Inc), Consulting Agreement (Resortquest International Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, or through its agent, prepared the same, and it is expressly agreed and acknowledged that the Executive, the Company, Insignia\ESG, the Parent Company and Executive and each of his and its representatives, legal and otherwise, their respective representatives have participated in the preparation hereof.

Appears in 2 contracts

Samples: Employment Agreement (Insignia Financial Group Inc), Employment Agreement (Insignia Financial Group Inc)

Construction and Interpretation. Should any provision of this Agreement agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Company, Purchaser and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Multicom Publishing Inc), Securities Purchase Agreement (Multicom Publishing Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, or through its agent, prepared the same, and it is expressly agreed and acknowledged that Company and Executive and each of his her and its representatives, legal and otherwise, have participated in the preparation hereof.

Appears in 2 contracts

Samples: Employment Agreement (Forza X1, Inc.), Employment Agreement (Twin Vee PowerCats, Co.)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Borrower, Lenders and it is expressly agreed their respective agents and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, attorneys have participated in the preparation hereof.

Appears in 2 contracts

Samples: Loan Agreement (Dynagen Inc), Credit Agreement (Dynagen Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same provision shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agentagent prepared it, prepared the sameit being agreed that Group and Systems and WSCC, and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwisetheir respective counsels, have participated in the preparation hereofits preparation.

Appears in 1 contract

Samples: Master Agreement (Netplex Group Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, or through its agent, prepared the same, and it is expressly agreed and acknowledged that Company the Executive, Employer and Executive and each of his and its their respective representatives, legal and otherwise, have participated in the preparation hereof.

Appears in 1 contract

Samples: Employment Agreement (Clark Holdings Inc.)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Company, the Borrower, the Purchaser and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (National Coal Corp)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that Grantor, Lender and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 1 contract

Samples: Security Agreement (Dynagen Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Company, Investor and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 1 contract

Samples: Note Purchase Agreement (Orion Healthcorp Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Subsidiary, Lender and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 1 contract

Samples: Security Agreement (Data National Corp)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Borrowers, Agent, Lenders and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Ild Telecommunications Inc)

Construction and Interpretation. Should any provision of this ------------------------------- Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that Borrower, Lender and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 1 contract

Samples: Loan Agreement (Check Into Cash Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, or through its agent, prepared the same, and it is expressly agreed and acknowledged that Company RDC, RDMC, Rostenberg, Doern, Klein, Hallock, Cuddy, and Executive Buyer and each of his and its representatives, legal and otherwise, their respective representatives have participated in the preparation hereof.

Appears in 1 contract

Samples: Stock Purchase and Asset Acquisition Agreement (Insignia Financial Group Inc)

Construction and Interpretation. Should any provision of this ------------------------------- Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same provision shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agentagent prepared it, prepared the sameit being agreed that Group and Systems and Waterside, and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwisetheir respective counsels, have participated in the preparation hereofits preparation.

Appears in 1 contract

Samples: Workout and Collateral Release Agreement (Netplex Group Inc)

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Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that Borrowers, Lenders and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Ipayment Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed at the Borrower, Lender and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereofeof.

Appears in 1 contract

Samples: Loan Agreement (Tanners Restaurant Group Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Company, Investors and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 1 contract

Samples: Stock Purchase Agreement (Orion Healthcorp Inc)

Construction and Interpretation. Should any provision of this ------------------------------- Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Borrower, Lender and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 1 contract

Samples: Loan Agreement (Radiant Systems Inc)

Construction and Interpretation. Should any provision of this ------------------------------- Agreement require judicial interpretation, the parties hereto agree that the court interpreting or on construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, have participated in the preparation hereof.

Appears in 1 contract

Samples: Partnership Interest Subscription Agreement (Sforza Enterprises Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same; it being agreed that Guarantor, FMC and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 1 contract

Samples: Security Agreement (Dynagen Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Grantors, Lenders and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 1 contract

Samples: Security Agreement (American Consolidated Laboratories Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, or through its agent, prepared the same, and it is expressly agreed and acknowledged that the Executive, the Company, the Parent Company and Executive and each of his and its representatives, legal and otherwise, their respective representatives have participated in the preparation hereof.

Appears in 1 contract

Samples: Employment Agreement (Insignia Esg Holdings Inc)

Construction and Interpretation. Should any provision of this ------------------------------- Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Debtor Parties, Lender and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 1 contract

Samples: Loan Agreement (Master Graphics Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Company, each Investor and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 1 contract

Samples: Note Purchase Agreement (Orion Healthcorp Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, or through its agent, prepared the same, and it is expressly agreed and acknowledged that Company Omnimmune and Executive and each of his and its representatives, legal and otherwise, have participated in the preparation hereof.. SCHEDULE 1 EXCLUDED PROPERTY Excluded Property. None. EXHIBIT B

Appears in 1 contract

Samples: Employment Agreement (Roughneck Supplies Inc.)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, or through its agent, prepared the same, and it is expressly agreed and acknowledged that Company Company, BV and Executive and each of his and its representatives, legal and otherwise, have participated in the preparation hereof.

Appears in 1 contract

Samples: Employment Agreement (Technology Holdings, Inc.)

Construction and Interpretation. Should any provision of this ------------------------------- Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Borrower, Lenders and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 1 contract

Samples: Stock Purchase Warrant (Act Teleconferencing Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Borrowers, Lender and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 1 contract

Samples: Pledge Agreement (Educational Medical Inc)

Construction and Interpretation. Should any provision of this Security Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Borrower, Purchaser and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 1 contract

Samples: Security Agreement (Diplomat Direct Marketing Corp)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Company, Purchasers and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 1 contract

Samples: Registration Rights Agreement (Genomic Solutions Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Company, the Investors and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 1 contract

Samples: Investor Rights Agreement (Brilliant Digital Entertainment Inc)

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