Construction of Agreement. The parties mutually acknowledge that they and their attorneys have participated in the preparation and negotiation of this Agreement. In cases of uncertainty this Agreement shall be construed without regard to which of the parties caused the uncertainty to exist.
Appears in 690 contracts
Samples: Counterpart Agreement (Airspan Networks Holdings Inc.), Subordinated Loan and Security Agreement (Roku, Inc), Loan and Security Agreement (Twilio Inc)
Construction of Agreement. The parties hereto mutually acknowledge that they and their attorneys have participated in the preparation and negotiation of this Agreement. In cases of uncertainty this Agreement shall be construed without regard to which of the parties caused the uncertainty to exist.
Appears in 43 contracts
Samples: Loan and Security Agreement (Imunon, Inc.), Loan and Security Agreement (Liquidia Corp), Loan and Security Agreement (Spartan Acquisition Corp. II)
Construction of Agreement. The parties hereto mutually acknowledge that they and their respective attorneys have participated in the preparation and negotiation of this Agreement. In cases of uncertainty uncertainty, this Agreement shall be construed without regard to which of the parties hereto caused the uncertainty to exist.
Appears in 24 contracts
Samples: Loan Agreement (LumiraDx LTD), Loan Agreement (Evolus, Inc.), Guaranty and Security Agreement (Amicus Therapeutics Inc)
Construction of Agreement. The parties hereto mutually acknowledge that they and their attorneys have participated in the preparation and negotiation of this Agreement. In cases of uncertainty this Agreement shall be construed without regard to which of the parties hereto caused the uncertainty to exist.
Appears in 7 contracts
Samples: Loan Agreement (iRhythm Technologies, Inc.), Loan Agreement (Lexicon Pharmaceuticals, Inc.), Loan and Security Agreement (Merrimack Pharmaceuticals Inc)
Construction of Agreement. The parties hereto mutually acknowledge that they and their attorneys have participated in the preparation and negotiation of this Agreement. In cases of uncertainty this Agreement shall be construed without regard to which of the parties caused the uncertainty to exist.. 11.13
Appears in 5 contracts
Samples: Loan and Security Agreement (SI-BONE, Inc.), Loan and Security Agreement (Innovid Corp.), Loan and Security Agreement (Outbrain Inc.)
Construction of Agreement. The parties mutually acknowledge that they and their attorneys have participated in the preparation and negotiation of this Agreement. In cases of uncertainty this Agreement shall be construed without regard to which of the parties caused the uncertainty to exist.. 12.15
Appears in 4 contracts
Samples: Execution Version Loan and Security Agreement (Lightning eMotors, Inc.), Loan and Security Agreement (Alpine Immune Sciences, Inc.), Loan and Security Agreement (Luna Innovations Inc)
Construction of Agreement. The parties mutually acknowledge that they and their attorneys have participated in the preparation and negotiation of this AgreementAgreement and the other Loan Documents. In cases of uncertainty this Agreement and the other Loan Documents shall be construed without regard to which of the parties caused the uncertainty to exist.
Appears in 3 contracts
Samples: Loan and Security Agreement (Jive Software, Inc.), Loan and Security Agreement (AtriCure, Inc.), Loan and Security Agreement (Cardiovascular Systems Inc)
Construction of Agreement. The parties mutually acknowledge that they and their attorneys have participated in the preparation and negotiation of this Agreement. Agreement In cases of uncertainty this Agreement shall be construed without regard to which of the parties caused the uncertainty to exist.
Appears in 3 contracts
Samples: Loan and Security Agreement (Gigamon LLC), Loan and Security Agreement (Gigamon LLC), Loan and Security Agreement (Gigamon LLC)
Construction of Agreement. The parties mutually acknowledge that they and their attorneys have participated in the preparation and negotiation of this Agreement. In cases of uncertainty uncertainty, this Agreement shall be construed without regard to which of the parties caused the uncertainty to exist.
Appears in 3 contracts
Samples: Loan and Security Agreement (Telecommunication Systems Inc /Fa/), Loan and Security Agreement (Us Dataworks Inc), Asset Purchase Agreement (Standard Pacific Corp /De/)
Construction of Agreement. The parties mutually acknowledge that they and their attorneys have participated in the preparation and negotiation of this Agreement. In cases of uncertainty this Agreement shall be construed without regard to which of the parties caused the uncertainty to exist.. 12.14
Appears in 2 contracts
Samples: Loan and Security Agreement (Borderfree, Inc.), Loan and Security Agreement (Acumen Pharmaceuticals, Inc.)
Construction of Agreement. The parties mutually acknowledge that they and their attorneys have participated in the preparation and negotiation of this Agreement. In cases of uncertainty this Agreement shall be construed without regard to which of the parties caused the uncertainty to exist. Certain information has been excluded from this agreement (indicated by β[***]β) because such information (i) is not material and (ii) would be competitively harmful if publicly disclosed.
Appears in 1 contract
Samples: Loan and Security Agreement (Dova Pharmaceuticals Inc.)
Construction of Agreement. The parties mutually acknowledge that they and their attorneys have participated in the preparation and negotiation of this Agreement. In cases of uncertainty this Agreement shall be construed without regard to which of the parties caused the uncertainty to exist. Each party also acknowledges that each has been represented by legal counsel in the preparation and negotiation of this Agreement.
Appears in 1 contract
Construction of Agreement. The parties mutually acknowledge that they and their attorneys have participated in the preparation and negotiation of this Agreement. In cases of uncertainty this Agreement shall be construed without regard to which of the parties caused the uncertainty to exist.. 13.14
Appears in 1 contract
Construction of Agreement. The parties mutually acknowledge that they and their attorneys have participated in the preparation and negotiation of this Letter Agreement. In cases of uncertainty this Letter Agreement shall be construed without regard to which of the parties caused the uncertainty to exist.
Appears in 1 contract
Samples: Confidential Treatment (Netlist Inc)
Construction of Agreement. The parties Parties mutually acknowledge that they and their attorneys have participated in the preparation and negotiation of this Agreement. In cases of uncertainty this Agreement shall be construed without regard to which of the parties Parties caused the uncertainty to exist.
Appears in 1 contract
Construction of Agreement. The parties hereto mutually acknowledge that they and their respective attorneys have participated in the preparation and negotiation of this Agreement. In cases of uncertainty uncertainty, this Agreement shall be construed without regard to which of the parties hereto caused the uncertainty to exist. 11.15.
Appears in 1 contract
Construction of Agreement. The parties hereto mutually acknowledge that they and their attorneys have participated in the preparation and negotiation of this Agreement. In cases of uncertainty this Agreement shall be construed without regard to which of the parties caused the uncertainty to exist.. 10 accounting terms and other DEFINITIONS
Appears in 1 contract
Samples: Loan and Security Agreement (Anebulo Pharmaceuticals, Inc.)
