Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.
Appears in 275 contracts
Samples: Share Exchange Agreement (Golden Aria Corp.), Share Exchange Agreement (MIPSolutions, Inc.), Share Exchange Agreement
Construction. (a) The language used in this Agreement will shall be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will shall be applied against any partyParty.
Appears in 232 contracts
Samples: Agreement and Plan of Merger (Cognizant Technology Solutions Corp), Agreement and Plan of Merger and Reorganization (Zeta Acquisition Corp Ii), Agreement and Plan of Merger (Akamai Technologies Inc)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule rules of strict construction will be applied against any party.
Appears in 160 contracts
Samples: Securities Purchase Agreement (Satcon Technology Corp), Lockbox Agreement (Emagin Corp), Securities Purchase Agreement (Kandi Technologies Corp)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will shall be applied against any party.
Appears in 100 contracts
Samples: Employment Agreement (ESGEN Acquisition Corp), Executive Employment Agreement (Zeo Energy Corp.), Executive Employment Agreement (Graphjet Technology)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule rules of strict construction will be applied against any party. No specific representation or warranty shall limit the generality or applicability of a more general representation or warranty.
Appears in 72 contracts
Samples: Securities Purchase Agreement (BSD Medical Corp), Securities Purchase Agreement (Intercloud Systems, Inc.), Securities Purchase Agreement (Unilife Corp)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule rules of strict construction will be applied against any partyParty.
Appears in 67 contracts
Samples: Earn in Agreement (Expedite 4 Inc), Call Option Agreement (Birch Branch Inc), Call Option Agreement (GC China Turbine Corp.)
Construction. The language used in this Agreement will be deemed to be is the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any either party.
Appears in 49 contracts
Samples: Purchase Agreement (I2 Technologies Inc), Employment Agreement (Blue Earth, Inc.), Strategic Partnership & Supply Agreement
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party. The headings of sections of this Agreement are for convenience of reference only and shall not affect its meaning or construction.
Appears in 43 contracts
Samples: Employment Agreement (Ashford Inc.), Employment Agreement (Ashford Hospitality Trust Inc), Employment Agreement (Ashford Hospitality Trust Inc)
Construction. (a) The language used in this Agreement will shall be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will shall be applied against any partyeither Party.
Appears in 35 contracts
Samples: Asset Purchase Agreement (Apellis Pharmaceuticals, Inc.), Assignment and Assumption Agreement (Zygo Corp), Asset Purchase Agreement (Bio Imaging Technologies Inc)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will shall be applied against any party. The headings of sections of this Agreement are for convenience of reference only and shall not affect its meaning or construction.
Appears in 33 contracts
Samples: Employment Agreement (STORE CAPITAL Corp), Employment Agreement (STORE CAPITAL Corp), Employment Agreement (STORE CAPITAL Corp)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, intent and no rule rules of strict construction will be applied against any either party.
Appears in 25 contracts
Samples: Employment Agreement (Weave Communications, Inc.), Employment Agreement (Weave Communications, Inc.), Executive Employment Agreement (Genprex, Inc.)
Construction. The language used in this Agreement will be deemed to be is the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.
Appears in 24 contracts
Samples: Agreement and Plan of Merger (Uluru Inc.), Share and Interest Purchase Agreement (West Pharmaceutical Services Inc), Unit Purchase Agreement (Atwood Minerals & Mining CORP.)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, intent and no rule rules of strict construction will be applied against any party.
Appears in 23 contracts
Samples: Registration Rights Agreement (Northern Dynasty Minerals LTD), Subscription Agreement (Northern Dynasty Minerals LTD), Registration Rights Agreement (Northern Dynasty Minerals LTD)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.. Unless the context otherwise requires: (a) "
Appears in 15 contracts
Samples: Securityholders' Agreement (Blum Capital Partners Lp), Securityholders' Agreement (Cbre Holding Inc), Securityholders' Agreement (Malek Frederic V)
Construction. The language used in this Agreement will be deemed to be is the language chosen by the parties to express their mutual intent, and no rule of strict construction will shall be applied against any party.
Appears in 15 contracts
Samples: Voting Agreement (Decisionlink Inc), www.bonterratech.com, www.athenasoftware.net
Construction. The language used in this Agreement will be is deemed to be the language chosen by the parties Parties to express their mutual intent, and no . No rule of strict construction will shall be applied against any partyeither Party.
Appears in 14 contracts
Samples: Carrier Services Agreement (CCC Globalcom Corp), Carrier Services Agreement (Eschelon Telecom Inc), Carrier Services Agreement (Eschelon Telecom Inc)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties Company and the Officer to express their mutual intent, and no rule of strict construction will shall be applied against any either party.
Appears in 13 contracts
Samples: Employment Agreement (Power 3 Medical Products Inc), Employment Agreement (Power 3 Medical Products Inc), Employment Agreement (Power 3 Medical Products Inc)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will be applied against any partyParty.
Appears in 12 contracts
Samples: Dissolution Agreement (Thermoenergy Corp), Share Transfer Agreement (Future FinTech Group Inc.), Stockholders Agreement (Colony Capital, Inc.)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will shall be applied against any party. The section headings in this Agreement are for convenience of reference only, and they form no part of this Agreement and shall not affect its construction.
Appears in 11 contracts
Samples: Employment Agreement (Resolute Energy Corp), Executive Chairman Agreement, Executive Chairman Agreement (Resolute Energy Corp)
Construction. The language used in this Agreement Agreement, including the documents, instruments, agreements, exhibits, schedules, and annexes hereto will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will shall be applied implied against any party.
Appears in 11 contracts
Samples: Stock Restriction Agreement (Sibling Entertainment Group Holdings, Inc.), Stock Restriction Agreement (Sibling Entertainment Group Holdings, Inc.), Restricted Stock Purchase and Restriction Agreement (Sibling Group Holdings, Inc.)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will shall be applied against any partyParty.
Appears in 10 contracts
Samples: Purchase Agreement (Cardtronics Inc), Agreement and Plan of Merger (FusionStorm Global, Inc.), Transfer Agreement (Apparel Holding Corp.)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party.
Appears in 10 contracts
Samples: Independent Contractor Agreement (Massive Dynamics, Inc.), Services Agreement (Massive Dynamics, Inc.), Contribution Agreement (KBS Real Estate Investment Trust, Inc.)
Construction. The language used in this Agreement will be deemed to be by the language chosen by the parties to express their mutual intent, intent and no rule rules of strict construction will be applied against any either party.
Appears in 10 contracts
Samples: Solicitation Agreement, Employment Terms (LDR Holding Corp), Employment Terms (LDR Holding Corp)
Construction. The language used in this Agreement will be deemed to be is the language chosen by the parties to express their mutual intent, and no rule of strict construction will shall be applied against any either party.
Appears in 9 contracts
Samples: Stock Purchase Agreement (Federal Signal Corp /De/), Note Purchase Agreement, Non Competition and Stock Repurchase Agreement (Impac Group Inc /De/)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will shall be applied against any party.
Appears in 9 contracts
Samples: Letter Agreement (Office Depot Inc), Office Depot Inc, Office Depot Inc
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule rules of strict construction will be applied against any either party.
Appears in 8 contracts
Samples: Qnectu Master Service Agreement, Consulting Agreement (XL Fleet Corp.), Robert Bowdring Employment Agreement (INVO Bioscience, Inc.)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their joint and mutual intent, and no rule of strict construction will be applied against any party.
Appears in 8 contracts
Samples: Series C Preferred Stock (Roka BioScience, Inc.), Series C Preferred Stock (Roka BioScience, Inc.), Series D Preferred Stock (Roka BioScience, Inc.)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule rules of strict construction will be applied against any party. For clarification purposes, the Recitals are part of this Agreement and are hereby incorporated by reference.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Nutracea), Securities Purchase Agreement (Lakeland Bancorp Inc), Securities Purchase Agreement (First Busey Corp /Nv/)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties hereto to express their mutual intent, intent and no rule of strict construction will shall be applied against any partyparty hereto. This Agreement shall be deemed jointly drafted by each of the parties. Each party has availed, or had the opportunity to avail, the advice and assistance of independent legal counsel.
Appears in 8 contracts
Samples: Business Combination Agreement (Goal Acquisitions Corp.), Business Combination Agreement (Goal Acquisitions Corp.), Business Combination Agreement (Goal Acquisitions Corp.)
Construction. (a) The language used in this Agreement will shall be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will shall be applied against any party.
Appears in 7 contracts
Samples: Asset Purchase Agreement (Loton, Corp), Pledge and Security Agreement (Panacea Life Sciences Holdings, Inc.), Stockholders Agreement (Sunpower Corp)
Construction. The language used in this Agreement will be deemed to be the language chosen by Employee and the parties Company to express their mutual intent, and no rule rules of strict construction will be applied against any partyeither Party.
Appears in 6 contracts
Samples: Employment Agreement (Xtant Medical Holdings, Inc.), Employment Agreement (Xtant Medical Holdings, Inc.), Employment Agreement (Xtant Medical Holdings, Inc.)
Construction. (a) The language used in this Agreement will shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will shall be applied against any partyPerson.
Appears in 6 contracts
Samples: Membership Interest Purchase Agreement (Tenneco Inc), Agreement and Plan of Merger (Patriot Transportation Holding, Inc.), Agreement and Plan of Merger (Usa Truck Inc)
Construction. (a) The language used in this Agreement will shall be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will shall be applied against any partya Party.
Appears in 6 contracts
Samples: Asset Purchase Agreement (World Energy Solutions, Inc.), Asset Purchase Agreement (Suncrest Global Energy Corp), Asset Purchase Agreement (Suncrest Global Energy Corp)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will be applied against any partypart.
Appears in 6 contracts
Samples: Master Supply Agreement (Engility Holdings, Inc.), Master Supply Agreement (Engility Holdings, Inc.), Master Supply Agreement (Engility Holdings, Inc.)
Construction. a. The language used in this Agreement will shall be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will shall be applied against any partyParty.
Appears in 5 contracts
Samples: License Agreement (Aspen Technology Inc /De/), License Agreement (Aspen Technology Inc /De/), Hyprotech Canada License Agreement (Aspen Technology Inc /De/)
Construction. The language used in this Agreement will be deemed to be the language chosen by Employee and the parties Company to express their mutual intent, and no rule rules of strict construction will be applied against any either party.
Appears in 5 contracts
Samples: Employment Agreement (Bacterin International Holdings, Inc.), Employment Agreement (Xtant Medical Holdings, Inc.), Employment Agreement (Bacterin International Holdings, Inc.)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.
Appears in 5 contracts
Samples: Registration Rights Agreement (Molycorp, Inc.), Registration Rights Agreement (Molycorp, Inc.), Subscription Agreement (Trimex Exploration Inc.)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any partyparty hereto.
Appears in 5 contracts
Samples: Overdue Receivables Purchase and Sale Agreement (Partners First Receivables Funding Corp), Receivables Purchase and Sale Agreement (Partners First Receivables Funding Corp), Contribution Agreement (Partners First Receivables Funding Corp)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party. [The remainder of this page has been intentionally left blank.]
Appears in 5 contracts
Samples: Stockholders Agreement (Colony NorthStar Credit Real Estate, Inc.), Limited Liability Company Agreement (Colony NorthStar, Inc.), Stockholders Agreement (Colony NorthStar, Inc.)
Construction. (a) The language used in throughout this Agreement will shall be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will shall be applied against any partyParty.
Appears in 5 contracts
Samples: Restricted Stock Agreement (Tvi Corp), Agreement and Plan of Merger (Quality Systems Inc), Agreement and Plan of Merger (Quality Systems Inc)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties Parties to express their mutual intent, intent and no rule of strict construction will shall be applied against any partyParty.
Appears in 4 contracts
Samples: Release (George Foreman Enterprises Inc), Shareholder Tender and Support Agreement (Live Oak Acquisition Corp II), Purchase and Sale Agreement (Northstar Realty)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, intent and no rule of strict construction will be applied against any party.
Appears in 4 contracts
Samples: Share Exchange Agreement (Intellisense Solutions Inc.), Share Purchase Agreement (Vitran Corp Inc), Share Exchange Agreement (Technology Publishing, Inc.)
Construction. The language used in this Agreement will shall be deemed to be the language chosen approved by the all parties to this Agreement to express their mutual intent, and no rule of strict construction will shall be applied against any party.
Appears in 4 contracts
Samples: Real Estate Purchase Agreement (Farmland Partners Inc.), Real Estate Purchase Agreement (Farmland Partners Inc.), Real Estate Purchase Agreement (Farmland Partners Inc.)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties Employee and the Company to express their mutual intent, and no rule rules of strict construction will be applied against any either party.
Appears in 4 contracts
Samples: Employment Agreement (Bacterin International Holdings, Inc.), Employment Agreement (Bacterin International Holdings, Inc.), Employment Agreement (Bacterin International Holdings, Inc.)
Construction. (a) The language used in this Agreement will shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will shall be applied against any partyParty.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Praecis Pharmaceuticals Inc), Management Services and Commercial Agreement (American Biltrite Inc), Asset Purchase Agreement (Panacos Pharmaceuticals, Inc.)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.. In addition, unless the context otherwise requires:
Appears in 4 contracts
Samples: Stockholders’ Agreement (Orchard Supply Hardware Stores Corp), Stockholders’ Agreement (Orchard Supply Hardware Stores Corp), Stockholders’ Agreement (Orchard Supply Hardware Stores Corp)
Construction. (a) The language used in this Agreement will shall be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will shall be applied against any partyParty.
Appears in 3 contracts
Samples: Share Exchange Agreement (Pineapple Express, Inc.), Share Exchange Agreement (Content Checked Holdings, Inc.), Loan Exchange Agreement (Synapse Group Inc)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will shall be applied against any partyParty.
Appears in 3 contracts
Samples: Business Transfer Agreement (Molecular Imaging Corp), Business Transfer Agreement (Hanryu Holdings, Inc.), Asset Purchase Agreement (Cti Molecular Imaging Inc)
Construction. The language used in this Agreement will be ------------ deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Ameritruck Distribution Corp), Agreement and Plan of Merger (Impac Group Inc /De/), Stock Purchase Agreement (Morrison Knudsen Corp//)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.. Austin 814324v.2
Appears in 3 contracts
Samples: Employment Agreement (Orion Marine Group Inc), Employment Agreement (Orion Marine Group Inc), Employment Agreement (Orion Marine Group Inc)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.of
Appears in 3 contracts
Samples: Securityholders' Agreement (Blum Capital Partners Lp), Asset Purchase Agreement (JPS Automotive Products Corp), Asset Purchase Agreement (Safety Components International Inc)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.. Unless the context otherwise requires: (a) “
Appears in 3 contracts
Samples: Stockholders’ Agreement (MedQuist Holdings Inc.), Stockholders’ Agreement (MedQuist Holdings Inc.), Stockholders Agreement (Vivint Solar, Inc.)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule rules of strict construction will be applied against any party.. [Signature page follows]
Appears in 3 contracts
Samples: Pledge and Security Agreement (Emagin Corp), Pledge and Security Agreement (Emagin Corp), Pledge and Security Agreement (Emagin Corp)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule rules of strict construction will be applied against any party.. [Signature Page Follows]
Appears in 2 contracts
Samples: Stock Purchase Agreement (Harken Energy Corp), Registration Rights Agreement (Echostar Communications Corp)
Construction. (i) The language used in this Agreement will shall be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will shall be applied against any partyParty.
Appears in 2 contracts
Samples: Franchise and Asset Sale Agreement (Princeton Review Inc), Franchise and Asset Sale Agreement (Princeton Review Inc)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.. [Signature Page Follows]
Appears in 2 contracts
Samples: Employment Agreement (Orion Marine Group Inc), Employment Agreement (Orion Marine Group Inc)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties Parties hereto to express their collective mutual intent, and no rule of strict construction will shall be applied against any partyParty.
Appears in 2 contracts
Samples: Registration Rights Agreement (Archipelago Learning, Inc.), Share Purchase Agreement (Archipelago Learning, Inc.)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will shall be applied against any party.
Appears in 2 contracts
Samples: Food Truck Services Agreement, Employment Agreement (Kaye Group Inc)
Construction. The language used in this Agreement will be deemed to be is the language chosen by the parties to express their mutual intent, and no rule rules of strict construction will be applied against any party.
Appears in 2 contracts
Samples: Subscription Agreement (Emisphere Technologies Inc), Note Purchase Agreement (Emisphere Technologies Inc)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any either party.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Triquint Semiconductor Inc), Escrow Agreement (First Chesapeake Financial Corp)
Construction. The language used in this Agreement will be deemed to be the is language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will shall be applied against any partyParty hereto. The Parties hereby acknowledge and agree that they have been represented by counsel in the negotiation and drafting of this Agreement and, accordingly, this Agreement shall be deemed to have been prepared jointly by the Parties, and shall not be construed against any Party as the drafter.
Appears in 2 contracts
Samples: Settlement Agreement and Release (Pentastar Communications Inc), Settlement Agreement and Release (Pentastar Communications Inc)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will shall be applied against any partyparty hereto.
Appears in 2 contracts
Samples: Operating Agreement, Form of Exploration Agreement (La Teko Resources LTD)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.applied
Appears in 2 contracts
Samples: Assumption Agreement (At Home Group Inc.), Securityholders' Agreement (Cbre Holding Inc)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party. The parties intend that each representation, warranty and covenant contained herein will have independent significance.
Appears in 2 contracts
Samples: Stock Repurchase Agreement (American Equity Investment Life Holding Co), Stock Repurchase Agreement (West Bancorporation Inc)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.. The headings of sections of this Agreement are for convenience of reference only and shall not affect its meaning or construction. DAL:899227.1
Appears in 2 contracts
Samples: Employment Agreement (Ashford Inc), Employment Agreement (Ashford Inc)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule rules of strict construction will be applied against any party.. No specific representation or warranty shall limit the generality or applicability of a more general representation or warranty. [signature page follows]
Appears in 2 contracts
Samples: Exchange Agreement (Guided Therapeutics Inc), Securities Exchange Agreement (MGT Capital Investments Inc)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule rules of strict construction will be applied against any party.. * * * * *
Appears in 2 contracts
Samples: Registration Rights Agreement (Goldman Sachs Group Lp), Registration Rights Agreement (Biofield Corp \De\)
Construction. The language used in this Agreement will be deemed ------------ to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Mangosoft Inc), Stock Purchase Agreement (Burrard Technologies Inc)
Construction. The language used in this Agreement and the Notes will be deemed to be the language chosen by the parties to express their mutual intent, intent and no rule rules of strict construction will be applied against any party.
Appears in 2 contracts
Samples: Note Purchase Agreement (TherapeuticsMD, Inc.), Note Purchase Agreement (TherapeuticsMD, Inc.)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will shall be applied against any party.Person. The word “
Appears in 2 contracts
Samples: Asset Purchase Agreement (Bio Key International Inc), Asset Purchase Agreement (Bio Key International Inc)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties to express their mutual intent, and and, to the fullest extent permitted by law, the parties intend that no rule of strict construction will be applied against any party.
Appears in 2 contracts
Samples: Limited Liability Company Operating Agreement, Limited Liability Company Operating Agreement
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties to express their mutual intentintent and, and to the fullest extent permitted by law, the parties intend that no rule of strict construction will be applied against any party.
Appears in 2 contracts
Samples: Limited Liability Company Operating Agreement (EVO Transportation & Energy Services, Inc.), Joinder Agreement
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party. The parties intend that each representation, warranty, and covenant contained in this Agreement will have independent significance.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Healthy Fast Food Inc), Asset Purchase Agreement (Healthy Fast Food Inc)
Construction. The language used in this Agreement will be deemed ------------- to be the language chosen by the parties to express their mutual intent, and no rule rules of strict construction will be applied against any party.
Appears in 2 contracts
Samples: Unit Purchase Agreement (Apollo Gold Corp), Special Warrants Purchase Agreement (Apollo Gold Corp)
Construction. The language used in of this Agreement will be deemed to be the language mutually chosen by the parties to express their mutual intent, Parties and no rule of strict construction will be applied against any partyParty.
Appears in 2 contracts
Samples: Confidential Agreement (Acorda Therapeutics Inc), Manufacturing Services Agreement (Acorda Therapeutics Inc)
Construction. The language used in this Agreement will be deemed ------------ to be the language chosen by each of the parties hereto to express their mutual intent, and no rule of strict construction will construction, including the rule that ambiguities are to be resolved against the drafting party, shall be applied against any either party.
Appears in 2 contracts
Samples: Employment Agreement (Depomed Inc), Employment Agreement (Depomed Inc)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will shall be applied against any partyParty.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Spectrum Organic Products Inc), Asset Purchase Agreement (Spectrum Organic Products Inc)
Construction. The Parties agree that the language used in this Agreement will shall be deemed to be the language chosen by the parties them to express their mutual intent, and no rule of strict construction will shall be applied against any partyeither Party.
Appears in 2 contracts
Samples: Securities Purchase Agreement (King Luther Capital Management Corp), Securities Purchase Agreement (King Luther Capital Management Corp)
Construction. The language used in this Agreement will be deemed to be the language chosen by all of the parties hereto to express their mutual intent, and no rule of strict construction will shall be applied specified against any party.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Olympic Cascade Financial Corp), Exchange Agreement (Indenet Inc)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties Parties hereto to express their mutual intent, and no rule of strict construction will be applied against any partyParty.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Ibis Technology Corp), Simox and Hydrogen License Agreement (Ibis Technology Corp)
Construction. (a) The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.
Appears in 2 contracts
Samples: Stockholders Agreement (Tradeweb Markets Inc.), Stockholders Agreement (Tradeweb Markets Inc.)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will shall be applied against any partyPerson.
Appears in 2 contracts
Samples: Stock Purchase Agreement (GBS Enterprises Inc), Stock Purchase Agreement (GBS Enterprises Inc)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule rules of strict construction will be applied against any party.. No specific representation or warranty shall limit the generality or applicability of a more general representation or warranty. [Signature Page Follows]
Appears in 2 contracts
Samples: Exchange Agreement (Gain Therapeutics, Inc.), Exchange Agreement (Gain Therapeutics, Inc.)
Construction. (a) The language used in this Agreement will shall be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction shall be applied {27506716;8} ActiveUS 118074924v.10 against any Party and this Agreement will be applied deemed to be the joint product of the Parties and will not be construed against any partyeither Party as the drafter.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Transunion Corp.), Asset Purchase Agreement (TransUnion Holding Company, Inc.)
Construction. The language used in this Agreement will be deemed ------------ to be the language chosen by the parties to express their mutual intent, intent and no rule of strict construction will be applied against any either party.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Ameritruck Distribution Corp), Stock Purchase Agreement (Ameritruck Distribution Corp)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties hereto to express their mutual intent, intent and no rule of strict construction will shall be applied against any party.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Degeorge Financial Corp), Agreement and Plan of Merger (Degeorge Peter R)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.. Any references
Appears in 1 contract
Construction. The language used in this Agreement will shall be deemed to be the language chosen chose by the both parties to express their mutual intent, and no rule of strict construction will shall be applied against any either party.
Appears in 1 contract
Samples: Independent Contractor Agreement
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will be applied against any partyParty. The headings of sections of this Agreement are for convenience of reference only and shall not affect its meaning or construction.
Appears in 1 contract
Samples: Employment Agreement (Ashford Inc.)
Construction. The language used in this Agreement will be deemed to be is the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any either party.. [Signature Page Follows]
Appears in 1 contract
Construction. (i) The language used in this Agreement will shall be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will shall be applied against any party.
Appears in 1 contract
Samples: Registration Rights Agreement (Constant Contact, Inc.)
Construction. The language used in this Agreement will shall be deemed to be ------------ the language chosen by the parties to express their mutual intent, and no . No rule of strict construction will shall be applied against any either party.
Appears in 1 contract
Samples: Switched Reseller Services Agreement (Itc Deltacom Inc)
Construction. The language used in this Agreement will be deemed ------------ to be the language chosen by the parties to express their mutual intent, and no rule rules of strict construction will be applied against any party.. * * * * *
Appears in 1 contract
Samples: Registration Rights Agreement (Tudor Investment Corp Et Al)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will shall be applied against any partyPerson.
Appears in 1 contract
Construction. The language used in this Agreement will be deemed to be the language chosen by the all parties to express their mutual intent, and no rule of or strict construction will be applied against to any party.
Appears in 1 contract
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.strict
Appears in 1 contract
Samples: Purchase Agreement (Loral Space & Communications LTD)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any partyperson.
Appears in 1 contract
Samples: Master Indemnification Agreement (Apartment Investment & Management Co)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule rules of strict construction will be applied against any either party.
Appears in 1 contract
Samples: And Invention Assignment Agreement
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties hereto to express their mutual intent, intent and no rule of strict construction will be applied against either party shall apply to any partyterm or condition of this Agreement.
Appears in 1 contract
Samples: Form of Cross License Agreement (Kronos International Inc)
Construction. (A) The language used in this Agreement will shall be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will shall be applied against any partyParty.
Appears in 1 contract
Samples: Asset Purchase Agreement (Endurance International Group Holdings, Inc.)
