Construing Agreement Clause Samples

Construing Agreement. This Agreement shall not be construed more strictly against one Party than another merely by virtue of the fact that it may have been drafted initially by counsel for one of the Parties. It is acknowledged that all Parties have contributed substantially to the preparation of this Agreement.
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Construing Agreement. Upon delivery to the Security Trustee of any Deed of Accession referred to in Clause 30.1 (Joinder of Additional Company) and subject to the Security Trustee being satisfied that the security provided by each of the other Companies is not adversely affected in any way by the proposed accession of the Additional Company (and, if any such security may be adversely affected, that all such action as the Security Trustee may require will have been taken on or prior to the relevant Deed of Accession taking effect in order to ensure that any such adverse effect is avoided), this Debenture shall henceforth be read and construed as if each Person which is a party to such Deed of Accession as an Additional Company were a party hereto having all the rights and obligations of a Company hereunder and all references in this Debenture to "Company" or "Companies" shall be construed accordingly. SCHEDULE 2 Form of Deed of Accession THIS DEED OF ACCESSION (this "Deed") is made on the [.] day of [.], [.], between: (1) [Additional Company] (the "Additional Company");] and (2) [Security Trustee] on behalf of itself as Security Trustee and on behalf of the Banks (the "Security Trustee").
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Construing Agreement. If a dispute arises between the Parties over the meaning or application of this Agreement, then this Agreement is to be construed fairly and reasonably and neither more strongly for nor against either Party. Each Party acknowledges that it has been represented by counsel of its choice throughout all negotiations that have preceded the execution of this Agreement and that it has executed the same with the advice of said independent counsel. Each Party and its counsel cooperated in the drafting and preparation of this Agreement and the documents referred to herein, and any and all drafts relating thereto exchanged between the Parties shall be deemed jointly drafted by the Parties and may not be construed against any Party by reason of its preparation. Accordingly any rule of Law or any legal decision that would require interpretation of any ambiguities in this Agreement against any Party that drafted it is of no application and is hereby expressly waived.
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Construing Agreement. This Agreement is made subject to and shall be construed and governed by the laws of the State of New Jersey. By executing this document, the Engineer certifies that he and the company receiving this contract are in compliance with N.J.S.A. 19:44A-20.26 and that he and/or the business named above did not make any donation or contributions of that provision.
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Construing Agreement. Upon delivery to the Security Trustee of any Obligor Deed of Accession referred to in Clause 16.1, this Agreement shall henceforth be read and construed as if each person which is a party to such Obligor Deed of Accession as an Additional Obligor were a party hereto having all the rights and obligations of an Obligor hereunder and all references in this Agreement to "Obligor" or "Obligors" shall be construed accordingly.
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Construing Agreement. This Agreement shall not be construed more stringently against the drafting party since all parties and their respective counsel contributed to the negotiation and drafting of this Agreement and each party has had the advice of separate and independent legal counsel in the review and drafting of this Agreement. If any litigation arises from this Agreement, the prevailing party may recover reasonable attorney's fees and costs.
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Construing Agreement. Upon delivery to the Security Trustee of any Deed of Accession referred to in Clause 30.1 (Joinder of Additional Company) and subject to the Security Trustee being satisfied that the security provided by each of the other Companies is not adversely affected in any way by the proposed accession of the Additional Company (and, if any such security may be adversely affected, that all such action as the Security Trustee may require will have been taken on or prior to the relevant Deed of Accession taking effect in order to ensure that any such adverse effect is avoided), this Debenture shall henceforth be read and construed as if each Person which is a party to such Deed of Accession as an Additional Company were a party hereto having all the rights and obligations of a Company hereunder and all references in this Debenture to "Company" or "Companies" shall be construed accordingly. SCHEDULE 1 The Companies/1/ Company Name Company No: -------------------------------------------------------------------------------------- APW Enclosure Products and Systems Limited 03618668 APW Enclosure Systems Holdings Limited 03618666 Applied Power Limited 03528602 APW Electronics Group plc 02889677 APW Electronics Limited 00701364 ▇▇▇▇▇▇ Line Limited 01287685 APW New Forest Limited 01357306 APW Power Supplies Ltd 02037578 APW Enclosure Systems plc 00098900 APW Enclosure Systems (UK) Limited 00962534 Towerflame Limited 03671739 Air Cargo Equipment (UK) Limited 02221971 -------------------------------------------------------------------------------------- /1/ Based upon group structure chart provided by APW to Bank of America and dated March 23, 2001. SCHEDULE 2 Form of Deed of Accession THIS DEED OF ACCESSION (this "Deed") is made on the [] day of [], [], between: (1) [Additional Company] (the "Additional Company");] and (2) [Security Trustee] on behalf of itself as Security Trustee and on behalf of the Banks (the "Security Trustee").
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Construing Agreement. Both Columbia and Co▇▇▇▇▇ ▇ave cooperated and participated in the drafting and prepara▇▇▇▇ ▇▇ this Agreement. Accordingly, Cochran hereby acknowledges and agrees that this Agreement shall not ▇▇ ▇▇▇strued or interpreted in favor of or against either Cochran or Columbia by virtue of the identity of the preparer.
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Construing Agreement. 45 SCHEDULE 1 THE COMPANIES SCHEDULE 2 FORM OF DEED OF ACCESSION SCHEDULE 3 CHARGED SHARES SCHEDULE 4 FORM OF NOTICE TO COUNTERPARTIES OF ASSIGNED AGREEMENTS SCHEDULE 5 GUARANTIES SCHEDULE 6 PROPERTIES SCHEDULE 7 ADDITIONAL ASSIGNED AGREEMENTS SCHEDULE 8 FORM OF NOTICE OF CHARGE SCHEDULE 9 SPECIAL ACCOUNTS THIS DEBENTURE is made the 15th day of May 2001, between:
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Related to Construing Agreement

  • Descriptive Headings; Interpretation; No Strict Construction The descriptive headings of this Agreement are inserted for convenience only and do not constitute a substantive part of this Agreement. Whenever required by the context, any pronoun used in this Agreement shall include the corresponding masculine, feminine or neuter forms, and the singular forms of nouns, pronouns, and verbs shall include the plural and vice versa. Reference to any agreement, document, or instrument means such agreement, document, or instrument as amended or otherwise modified from time to time in accordance with the terms thereof, and, if applicable, hereof. The words “include”, “includes” or “including” in this Agreement shall be deemed to be followed by “without limitation”. The use of the words “or,” “either” or “any” shall not be exclusive. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. 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 of the provisions of this Agreement. All references to laws, rules, regulations and forms in this Agreement shall be deemed to be references to such laws, rules, regulations and forms, as amended from time to time or, to the extent replaced, the comparable successor thereto in effect at the time. All references to agencies, self-regulatory organizations or governmental entities in this Agreement shall be deemed to be references to the comparable successors thereto from time to time.

  • Amending Agreement The Trustees are directed to amend the Trust Agreement or the Pension Plan to be consistent with the provisions of this Agreement. The Trustees shall have discretion in acting on claims for benefits under the plan subject to review only in accordance with the arbitrary and capricious standard.

  • Capitalized Terms; Interpretive Provisions (a) Capitalized terms used herein that are not otherwise defined shall have the meanings ascribed thereto or incorporated by reference in the Sale and Servicing Agreement, the Trust Agreement or the Indenture, as the case may be. Whenever used herein, unless the context otherwise requires, the following words and phrases shall have the following meanings:

  • Variation of the Agreement The Agreement may be amended at any time by agreement in writing between the Organisation and the Ministry.

  • Headings; References; Interpretation All Article and Section headings in this Agreement are for convenience only and shall not be deemed to control or affect the meaning or construction of any of the provisions hereof. The words “hereof,” “herein” and “hereunder” and words of similar import, when used in this Agreement, shall refer to this Agreement as a whole and not to any particular provision of this Agreement. All references herein to Articles and Sections shall, unless the context requires a different construction, be deemed to be references to the Articles and Sections of this Agreement, respectively. All personal pronouns used in this Agreement, whether used in the masculine, feminine or neuter gender, shall include all other genders, and the singular shall include the plural and vice versa. The use herein of the word “including” following any general statement, term or matter shall not be construed to limit such statement, term or matter to the specific items or matters set forth immediately following such word or to similar items or matters, whether or not non-limiting language (such as “without limitation,” “but not limited to,” or words of similar import) is used with reference thereto, but rather shall be deemed to refer to all other items or matters that could reasonably fall within the broadest possible scope of such general statement, term or matter.