Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Party, whether under any rule of construction or otherwise. No Party to this Agreement shall be considered the draftsman. The Parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all Parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties hereto.
Appears in 75 contracts
Samples: Agreement and Plan of Merger (New Commerce Bancorp), Agreement and Plan of Merger (Charter Financial Corp), Agreement and Plan of Merger (SCBT Financial Corp)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Partyparty, whether under any rule of construction or otherwise. No Party party to this Agreement shall be considered the draftsman. The Parties parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all Parties parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties parties hereto.
Appears in 62 contracts
Samples: Agreement and Plan of Reorganization (Security Bank Corp), Agreement and Plan of Reorganization (Security Bank Corp), Agreement and Plan of Reorganization (Buckhead Community Bancorp Inc)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Party, whether under any rule of construction or otherwise. No Party to this Agreement shall be considered the draftsman. The Parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all Parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties heretothe Parties.
Appears in 38 contracts
Samples: Agreement and Plan of Merger (Community Bank System, Inc.), Agreement and Plan of Merger (Community Bank System, Inc.), Agreement and Plan of Merger (Community Bank System, Inc.)
Interpretations. Neither this Agreement nor any uncertainty or --------------- ambiguity herein shall be construed or resolved against any Partyparty, whether under any rule of construction or otherwise. No Party party to this Agreement shall be considered the draftsman. The Parties parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all Parties parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties parties hereto.
Appears in 17 contracts
Samples: Stock Purchase Agreement (Satellink Communications Inc), Agreement and Plan of Merger (Acsys Inc), Stock Purchase Agreement (Satellink Communications Inc)
Interpretations. (a) Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Party, whether under any rule of construction or otherwise. No Party to this Agreement shall be considered the draftsman. The Parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all Parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties hereto.
Appears in 17 contracts
Samples: Agreement and Plan of Merger and Reorganization (Select Bancorp, Inc.), Agreement and Plan of Merger and Reorganization (Carolina Financial Corp), Employment Agreement (First National Corp /Va/)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Party, whether under any rule of construction or otherwise. No Party to this Agreement shall be considered the draftsman. The Parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all Parties and their attorneys and and, unless otherwise defined herein, the words used shall be construed and interpreted according to the their ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties hereto.
Appears in 16 contracts
Samples: Agreement and Plan of Reorganization (WSFS Financial Corp), Agreement and Plan of Merger (Simmons First National Corp), Agreement and Plan of Reorganization (Delanco Bancorp, Inc.)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Partyparty, whether under any rule of construction or otherwise. No Party party to this Agreement shall be considered the draftsman. The Parties parties acknowledge and agree that this Agreement has been reviewed, negotiated, negotiated and accepted by all Parties parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties parties hereto.
Appears in 15 contracts
Samples: Supplemental Agreement (Huntington Bancshares Inc/Md), Agreement and Plan of Merger (Holopak Technologies Inc), Agreement and Plan of Merger (Duck Head Apparel Co Inc)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Party, whether under any rule of construction or otherwise. No Party to this Agreement shall be considered the draftsman. The Parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all Parties and their attorneys and and, unless otherwise defined herein, the words used shall be construed and interpreted according to the their ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties heretoParties.
Appears in 10 contracts
Samples: Agreement and Plan of Merger (Simmons First National Corp), Agreement and Plan of Merger (Simmons First National Corp), Agreement and Plan of Reorganization (WSFS Financial Corp)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Partyparty, whether under any rule of construction or otherwise. No Party party to this Agreement shall be considered the draftsman. The Parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all Parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties parties hereto.
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Union Planters Corp), Agreement and Plan of Merger (Capital Bancorp/Fl), Agreement and Plan of Reorganization (Union Planters Corp)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Party, whether under any rule of construction or otherwise. No Party to this Agreement shall be considered the draftsman. The Parties acknowledge and agree that this Agreement has been reviewed, negotiated, negotiated and accepted by all Parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties hereto.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Netsmart Technologies Inc), Agreement and Plan of Merger (Indus International Inc), Agreement and Plan of Share (Kentucky Bancshares Inc /Ky/)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Partyparty hereto, whether under any rule of construction or otherwise. No Party to this Agreement party shall be considered the draftsman. The Parties acknowledge and agree that On the contrary, this Agreement has been reviewed, negotiated, negotiated and accepted by all Parties and their attorneys parties and shall be construed and interpreted according to the ordinary meaning of the words used so as to fairly to accomplish the purposes and intentions of all Parties parties hereto.
Appears in 6 contracts
Samples: Escrow Agreement (Liberator, Inc.), Asset Purchase Agreement (Maxim Group Inc /), Escrow Agreement (Lamcor Inc)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Party, whether under any rule Party solely by virtue of construction or otherwise. No such Party to this Agreement shall be being considered the draftsman. The Parties acknowledge and agree that this Agreement has been reviewed, negotiated, negotiated and accepted by all Parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties heretothe Parties.
Appears in 6 contracts
Samples: Transaction Agreement (Corpbanca/Fi), Transaction Agreement (Corpbanca/Fi), Transaction Agreement
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Party, whether under any rule of construction or otherwise. No Party to this Agreement shall be considered the draftsman. The Parties acknowledge and agree that this Agreement has been reviewed, negotiated, negotiated and accepted by all Parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as to fairly to accomplish the purposes and intentions of all Parties heretothe Parties.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Commercesouth Inc), Agreement and Plan of Merger (Peoples Banctrust Co Inc), Agreement and Plan of Merger (Peoples Banctrust Co Inc)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Party, whether under any rule of construction or otherwise. No Party to this Agreement shall be considered the draftsmandrafter. The Parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all Parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties hereto.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Willdan Group, Inc.), Agreement and Plan of Merger (Authentidate Holding Corp), Agreement and Plan of Merger (Lev Pharmaceuticals Inc)
Interpretations. Neither this Agreement nor any uncertainty --------------- or ambiguity herein shall be construed or resolved against any Partyparty, whether under any rule of construction or otherwise. No Party party to this Agreement shall be considered the draftsman. The Parties parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all Parties parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties parties hereto.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Premiere Technologies Inc), General Escrow Agreement (Premiere Technologies Inc), Agreement and Plan of Merger (Acsys Inc)
Interpretations. Neither this Agreement nor any No uncertainty or ambiguity herein shall be construed or resolved against any Partyparty, whether under any rule of construction or otherwise. No Party party to this Agreement shall be considered the draftsman. The Parties parties acknowledge and agree that this Agreement has been reviewed, negotiated, negotiated and accepted by all Parties parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as to fairly to accomplish the purposes and intentions of all Parties parties hereto.
Appears in 3 contracts
Samples: LLC Interest Purchase Agreement (Integrity Media Inc), Equity Purchase Agreement (Composite Technology Corp), Stock Purchase Agreement (Integrity Media Inc)
Interpretations. Neither this Agreement nor any --------------- uncertainty or ambiguity herein shall be construed or resolved against any Party, whether under any rule of construction or otherwise. No Party to this Agreement shall be considered the draftsman. The Parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all Parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties heretothe Parties.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Twin City Bancorp Inc), Agreement and Plan of Reorganization (Jefferson Savings Bancorp Inc)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Partyparty, whether under any rule of construction or otherwise. No Party party to this Agreement shall be considered the draftsman. The Parties parties acknowledge and agree that this Agreement has been reviewed, negotiated, negotiated and accepted by all Parties parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties heretothe parties.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Republic Bancshares Inc), Agreement and Plan of Merger (Republic Bancshares Inc)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Party, whether under any rule of construction or otherwise. No Party to this Agreement shall be considered the draftsman. The Parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all Parties and their attorneys and and, unless otherwise defined herein, the words used shall be construed and interpreted according to the their ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties heretoParties.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Veritex Holdings, Inc.), Agreement and Plan of Reorganization (Green Bancorp, Inc.)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Party, whether under any rule of construction or otherwise. No Party to this Agreement shall be considered the draftsman. The Parties parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all Parties parties and their attorneys counsel and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties heretoParties.
Appears in 2 contracts
Samples: Agreement and Plan of Acquisition (Landmark Land Co Inc/De), Agreement and Plan of Merger (Akamai Technologies Inc)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Partyparty, whether under any rule of construction or otherwise. No Party party to this Agreement shall be considered the draftsman. The Parties acknowledge and agree that this Agreement has been reviewed, negotiated, negotiated and accepted by all Parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties parties hereto.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Minotto Gene J), Agreement and Plan of Merger (Fuqua Enterprises Inc)
Interpretations. (a) Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Partyparty hereto, whether under any rule of construction or otherwise. No Party to this Agreement party hereto shall be considered the draftsman. The Parties parties acknowledge and agree that this Agreement has been reviewed, negotiated, negotiated and accepted by all Parties parties and their attorneys and and, unless otherwise defined herein, the words used shall be construed and interpreted according to the their ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties heretoparties.
Appears in 2 contracts
Samples: Affiliate Agreement (Access National Corp), Agreement and Plan of Reorganization (Union Bankshares Corp)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Partyparty, whether under any rule of construction or otherwise. No Party party to this Agreement shall be considered the draftsman. The Parties parties acknowledge and agree that this Agreement has been reviewed, negotiated, negotiated and accepted by all Parties parties and their attorneys attorneys, and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties parties hereto. References to Sections herein shall mean Sections of this Agreement unless otherwise indicated.
Appears in 2 contracts
Samples: Agreement of Merger and Plan of Reorganization (Accentia Biopharmaceuticals Inc), Agreement of Merger (Accentia Biopharmaceuticals Inc)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any either Party, whether under any rule of construction or otherwise. No Neither Party to this Agreement shall be considered the draftsmandraftsman of this Agreement. The Parties acknowledge and agree that this Agreement has been reviewed, negotiated, negotiated and accepted by all both Parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties heretoboth Parties.
Appears in 2 contracts
Samples: Second Option Agreement (Phoenix Medical Technology Inc), Option Agreement (Phoenix Medical Technology Inc)
Interpretations. Neither this Agreement nor any uncertainty or --------------- ambiguity herein shall be construed or resolved against any Partyparty, whether under any rule of construction or otherwise. No Party party to this Agreement shall be considered the draftsman. The Parties parties acknowledge and agree that this Agreement has been reviewed, negotiated, negotiated and accepted by all Parties parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties parties hereto.
Appears in 2 contracts
Samples: 3 Agreement and Plan of Merger (Webmd Inc), Agreement and Plan of Merger (Webmd Inc)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Party, whether under any rule of construction or otherwise. No Party party to this Agreement shall be considered the draftsman. The Parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all Parties parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties hereto.
Appears in 2 contracts
Samples: Financing and Listing Agreement (IQ Micro Inc.), Financing and Listing Agreement (IQ Micro Inc.)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Partyparty hereto, whether under any rule of construction or otherwise. No Party party to this Agreement shall be considered the draftsman. The Parties acknowledge and agree that On the contrary, this Agreement has been reviewed, negotiated, negotiated and accepted by all Parties parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties heretoparties hereof.
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Tejon Ranch Co), Limited Liability Company Agreement (Spectrum Pharmaceuticals Inc)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Party, whether under any rule of construction or otherwise. No Party party to this Agreement shall be considered the draftsman. The Parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all Parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties heretothe Parties. Nothing contained herein shall require any Party or person to take any action of any type in violation of applicable law.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Amsouth Bancorporation), Agreement and Plan of Merger (Regions Financial Corp)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Party, whether under any rule of construction or otherwise. No Party to this Agreement shall be considered the draftsman. The Parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all Parties Parties, and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties hereto.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Gibraltar Industries, Inc.), Agreement and Plan of Merger (Wesco International Inc)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Partyparty, whether under any rule of construction or otherwise. No Party party to this Agreement shall be considered the draftsmandrafter. The Parties parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all Parties parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties heretothe parties.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Wandel & Goltermann Management Holding GMBH), Agreement and Plan of Merger (Davis S Robert)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Party, whether under any rule of construction or otherwise. No Party to this Agreement shall be considered the draftsman. The Parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all both Parties and their attorneys attorneys, and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties hereto.
Appears in 1 contract
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Party, whether under any rule of construction or otherwise. No Party to this Agreement shall be considered the draftsman. The Parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all Parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties hereto.the Parties. 11.13
Appears in 1 contract
Samples: Appendix a Final Agreement Agreement and Plan (New Iberia Bancorp Inc)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Party, whether under any rule of construction or otherwise. No Party to this Agreement shall be considered the draftsman. The Each of the Parties acknowledge acknowledges and agree agrees that this Agreement has been reviewed, negotiated, and accepted by all Parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as to fairly to accomplish the purposes and intentions of all Parties hereto.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (Resource Capital Corp.)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Partyparty, whether under any rule of construction or otherwise. No Party to this Agreement shall be considered the draftsman. The Parties parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all Parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties parties hereto.
Appears in 1 contract
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Partyparty, whether under any rule of construction or otherwise. No Party party to this Agreement shall be considered the draftsman. The Parties parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all Parties parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties parties hereto.. 44 45 11.13
Appears in 1 contract
Samples: Agreement and Plan of Merger (Graham Field Health Products Inc)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any PartyParty hereto, whether under any rule of construction or otherwise. No Party to this Agreement shall be considered the draftsmandraftsperson. The Parties acknowledge and agree that On the contrary, this Agreement has been reviewed, negotiated, negotiated and accepted by all Parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all the Parties hereto.
Appears in 1 contract
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Party, whether under any rule of construction or otherwise. No Party to this Agreement shall be considered the draftsman. The Parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all Parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties hereto.the Parties. 7.14
Appears in 1 contract
Samples: Agreement and Plan of Merger (Seacoast Banking Corp of Florida)
Interpretations. Neither this Agreement nor any --------------- uncertainty or ambiguity herein shall be construed or resolved against any Partyparty hereto, whether under any rule of construction or otherwise. No Party party to this Agreement shall be considered the draftsman. The Parties parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all Parties parties hereto and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties parties hereto.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Mohawk Industries Inc)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Partyparty, whether under any rule of construction or otherwise. No Party party to this Agreement shall be considered the draftsman. The Parties parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all Parties parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties heretothe parties.
Appears in 1 contract
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Partyparty, whether under any rule of construction or otherwise. No Party party to this Agreement shall be considered the draftsman. The Parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all Parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties hereto.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Crescent Banking Co)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Partyparty, whether under any rule of construction or otherwise. No Party party to this Agreement shall be considered the draftsman. The Parties parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all Parties parties and their attorneys and and, unless otherwise defined herein, the words used shall be construed and interpreted according to the their ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties parties hereto.
Appears in 1 contract
Samples: Stock Purchase Agreement (Simmons First National Corp)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Party, whether under any rule of construction or otherwise. No Party to this Agreement shall be considered the draftsmandrafter. The Parties acknowledge and agree that this Agreement has been reviewed, negotiated, negotiated and accepted by all Parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties hereto.
Appears in 1 contract
Interpretations. Neither this Agreement nor any --------------- uncertainty or ambiguity herein shall be construed or resolved against any Party, whether under any rule of construction or otherwise. No Party to this Agreement shall be considered the draftsman. The Parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all Parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties hereto.
Appears in 1 contract
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Party, whether under any rule of construction or otherwise. No Party to this Agreement shall be considered the draftsmandrafter. The Parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all Parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties heretothe Parties.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Reorganization (World Access Inc)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Partyparty, whether under any rule of construction or otherwise. No Party party to this Agreement shall be considered the draftsman. The Parties parties acknowledge and agree that this Agreement has been reviewed, negotiated, negotiated and accepted by all Parties parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties parties hereto.. Section 8.12
Appears in 1 contract
Samples: Agreement and Plan of Merger (Plasti Line Inc /Tn/)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Partyparty hereto, whether under any rule of construction or otherwise. No Party party to this Agreement shall be considered the draftsman. The Parties acknowledge and agree that On the contrary, this Agreement has been reviewed, negotiated, negotiated and accepted by all Parties parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties parties hereto.
Appears in 1 contract
Samples: Intellectual Property License Agreement (Williams Controls Inc)
Interpretations. Neither this Agreement nor any No uncertainty or ambiguity herein shall in this Agreement will be construed or resolved against any Party, Party whether under any rule of construction or otherwise. No Neither Party to this Agreement shall will be considered the draftsmandraftsperson. The Parties acknowledge and agree that this Agreement has been negotiated, reviewed, negotiated, and accepted by all both Parties and their attorneys and shall will be construed and interpreted according to the ordinary meaning of the words used so as to fairly to accomplish the purposes and intentions of all Parties heretothe Parties.
Appears in 1 contract
Samples: Agency and Distribution Services Agreement (Gainbridge Life Insurance Co)
Interpretations. Neither this Agreement nor any uncertainty or --------------- ambiguity herein shall be construed or resolved against any Partyparty hereto, whether under any rule of construction or otherwise. No Party to this Agreement party shall be considered the draftsman. The Parties acknowledge and agree that On the contrary, this Agreement has been reviewed, negotiated, negotiated and accepted by all Parties and their attorneys parties and shall be construed and interpreted according to the ordinary meaning of the words used so as to fairly to accomplish the purposes and intentions of all Parties parties hereto.
Appears in 1 contract
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Party, whether under any rule of construction or otherwise. No Party to this Agreement shall be considered the draftsman. The Parties acknowledge and agree that this Agreement has been reviewed, negotiated, negotiated and accepted by all Parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties heretothe Parties.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Southside Bancshares Inc)
Interpretations. Neither this Agreement nor any uncertainty --------------- or ambiguity herein shall be construed or resolved against any Partyparty hereto, whether under any rule of construction or otherwise. No Party to this Agreement party shall be considered the draftsman. The Parties acknowledge and agree that On the contrary, this Agreement has been reviewed, negotiated, negotiated and accepted by all Parties and their attorneys parties and shall be construed and interpreted according to the ordinary meaning of the words used so as to fairly to accomplish the purposes and intentions of all Parties parties hereto.
Appears in 1 contract
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Partyparty hereto, whether under any rule of construction or otherwise. No Party to this Agreement party shall be considered the draftsman. The Parties acknowledge and agree that On the contrary, this Agreement has been reviewed, negotiated, negotiated and accepted by all Parties parties and their attorneys lawyers and shall be construed and interpreted according to the ordinary meaning of the words used so as to fairly to accomplish the purposes and intentions of all Parties parties hereto.. 10.11
Appears in 1 contract
Samples: Management and Stock Option Agreement (Staff Builders Inc /De/)
Interpretations. Neither this Agreement nor any uncertainty or --------------- ambiguity herein shall be construed or resolved against any Party, whether under any rule of construction or otherwise. No Party to this Agreement shall be considered the draftsman. The Parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all Parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties hereto.
Appears in 1 contract
Samples: Agreement and Plan of Merger and Contribution (Cytrx Corp)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Party, whether under any rule of construction or otherwise. No because such Party to this Agreement shall may be considered the draftsman. The Parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all Parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties heretothe Parties.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Park Meridian Financial Corp)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any PartyParty hereto, whether under any rule of construction or otherwise. No Party to this Agreement shall be considered the draftsman. The Parties acknowledge and agree that On the contrary, this Agreement has been reviewed, negotiated, negotiated and accepted by all Parties and their attorneys lawyers and shall be construed and interpreted according to the ordinary meaning of the words used so as to fairly to accomplish the purposes and intentions of all Parties hereto.
Appears in 1 contract
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Party, whether under any rule of construction or otherwise. No Party to this Agreement shall be considered the draftsman. The Parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all Parties and their attorneys and Table of Contents shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties hereto.
Appears in 1 contract
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Partyparty, whether under any rule of construction or otherwise. No Party to this Agreement shall be considered the draftsman. The Parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all Parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties heretothe Parties.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Regions Financial Corp)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Partyparty, whether under any rule of construction or otherwise. No Party party to this Agreement shall be considered the draftsman. The Parties parties acknowledge and agree that this Agreement has been reviewed, negotiated, negotiated and accepted by all Parties parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties parties hereto.. 11.13
Appears in 1 contract
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Partyparty hereto, whether under any rule of construction or otherwise. No Party party to this Agreement shall be considered the draftsman. The Parties hereto acknowledge and agree that this Agreement has been reviewed, negotiated, negotiated and accepted by all Parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties hereto.. EXECUTION
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Bancorpsouth Inc)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Partyparty, whether under any rule of construction or otherwise. No Party party to this Agreement shall be considered the draftsman. The Parties parties acknowledge and agree that this Agreement has been reviewed, negotiated, negotiated and accepted by all Parties parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties hereto.ordinary
Appears in 1 contract
Samples: Agreement and Plan of Merger (Healtheon Webmd Corp)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Partyparty, whether under any rule of construction or otherwise. No Party to this Agreement shall be considered the draftsman. The Parties parties acknowledge and agree that this Agreement has been reviewed, negotiated, negotiated and accepted by all Parties parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties parties hereto.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Physician Sales & Service Inc /Fl/)
Interpretations. Neither this Agreement nor any uncertainty uncer tainty or ambiguity herein shall be construed or resolved against any Partyparty hereto, whether under any rule of construction or otherwiseother wise. No Party party to this Agreement shall be considered the draftsmandrafts man. The Parties acknowledge and agree that On the contrary, this Agreement has been reviewed, negotiated, negotiated and accepted by all Parties parties and their attorneys and shall be construed and interpreted according to the ordinary commercial meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties parties hereto.
Appears in 1 contract
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Partyparty, whether under any rule of construction or otherwise. No Party party to this Agreement shall be considered the draftsman. The Parties parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all Parties both parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties parties hereto.
Appears in 1 contract
Samples: Stock Purchase Agreement (Intertape Polymer Group Inc)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Partyparty hereto, whether under any rule of construction or otherwise. No Party party to this Agreement shall be considered the draftsman. The Parties acknowledge and agree that On the contrary, this Agreement has been reviewed, negotiated, negotiated and accepted by all Parties parties and their attorneys and shall be construed and interpreted according to the ordinary commercial meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties parties hereto.
Appears in 1 contract
Interpretations. Neither this Agreement nor any No uncertainty or ambiguity herein in this Agreement shall be construed or resolved against any Party, Party whether under any rule of construction or otherwise. No Party to this Agreement shall be considered the draftsman. The Parties acknowledge and agree that this Agreement has been reviewed, negotiated, reviewed and accepted by all Parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as to fairly to accomplish the purposes and intentions of all Parties hereto.
Appears in 1 contract
Samples: Stock Purchase Agreement (CNO Financial Group, Inc.)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Partyparty, whether under any rule of construction or otherwise. No Party party to this Agreement shall be considered the draftsmandrafter. The Parties parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all Parties parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties parties hereto.
Appears in 1 contract
Interpretations. Neither this Agreement nor any --------------- uncertainty or ambiguity herein shall be construed or resolved against any Partyparty, whether under any rule of construction or otherwise. No Party party to this Agreement shall be considered the draftsman. The Parties parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all Parties parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties parties hereto.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Mohawk Industries Inc)
Interpretations. Neither this Agreement nor any uncertainty or -------------- ambiguity herein shall be construed or resolved against any Partyparty, whether under any rule of construction or otherwise. No Party party to this Agreement shall be considered the draftsman. The Parties parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all Parties parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties parties hereto.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Premiere Technologies Inc)
Interpretations. Neither this Agreement nor any No uncertainty or ambiguity herein shall in this Agreement will be construed or resolved against any Party, party whether under any rule of construction or otherwise. No Party to this Agreement shall Neither party will be considered the draftsmandraftsperson. The Parties parties acknowledge and agree that this Agreement has been reviewed, negotiated, reviewed and accepted by all Parties both parties and their attorneys and shall will be construed and interpreted according to the ordinary meaning of the words used so as to fairly to accomplish the purposes and intentions of all Parties heretothe parties.
Appears in 1 contract
Samples: Agency and Distribution Services Agreement (Gainbridge Life Insurance Co)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Partyparty hereto, whether under any rule of construction or otherwise. No Party to this Agreement party shall be considered the draftsman. The Parties acknowledge and agree that On the contrary, this Agreement has been reviewed, negotiated, negotiated and accepted by all Parties and parties with advice of their attorneys lawyers and shall be construed and interpreted according to the ordinary meaning of the words used so as to fairly to accomplish the purposes and intentions of all Parties parties hereto.
Appears in 1 contract
Samples: Stock Purchase Agreement (First Investors Financial Services Group Inc)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Partyparty, whether under any rule of construction or otherwise. No Party party to this Agreement shall be considered the draftsman. The Parties parties acknowledge and agree that this Agreement has been reviewed, negotiated, and accepted by all Parties parties and their attorneys and and, unless otherwise defined herein, the words used shall be construed and interpreted according to the their ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties parties hereto.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Western Alliance Bancorporation)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Partyparty hereto, whether under any rule of construction or otherwise. No Party party to this Agreement shall be considered the draftsman. The Parties hereto acknowledge and agree that this Agreement has been reviewed, negotiated, negotiated and accepted by all Parties and their attorneys and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties hereto.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Bancorpsouth Inc)
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Partyparty, whether under any rule of construction or otherwise. No Party party to this Agreement shall be considered the draftsman. The Parties parties acknowledge and agree that this Agreement has been reviewed, negotiated, negotiated and accepted by all Parties parties and their attorneys attorneys, as well as the Special Committee and its counsel, and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties parties hereto. References to Sections herein shall mean Sections of this Agreement unless otherwise indicated.
Appears in 1 contract
Interpretations. Neither this Agreement nor any uncertainty or No ambiguity herein shall be construed or resolved against any PartyParty hereto, whether under any rule of construction or otherwise. No Party to this Agreement shall be considered the draftsman. The Parties acknowledge and agree that On the contrary, this Agreement has been reviewed, negotiated, negotiated and accepted by all Parties and their attorneys lawyers and shall be construed and interpreted according to the ordinary meaning of the words used so as to fairly to accomplish the purposes and intentions of all Parties hereto.
Appears in 1 contract
Interpretations. Neither this Agreement nor any uncertainty or No ambiguity herein shall will be construed or resolved against any Party, whether under any rule of construction or otherwise. No Party to this Agreement shall will be considered the draftsman. The Parties acknowledge and agree that On the contrary, this Agreement has been reviewed, negotiated, negotiated and accepted by all Parties and their attorneys lawyers and shall will be construed and interpreted according to the ordinary meaning of the words used so as to fairly to accomplish the purposes and intentions of all Parties heretoParties.
Appears in 1 contract
Interpretations. Neither this Agreement nor any uncertainty or ambiguity herein shall be construed or resolved against any Partyparty hereto, whether under any rule of construction or otherwise. No Party party to this Agreement shall be considered the draftsman. The Parties parties hereto acknowledge and agree that this Agreement has been reviewed, negotiated, negotiated and accepted by all Parties and their attorneys parties and shall be construed and interpreted according to the ordinary meaning of the words used so as fairly to accomplish the purposes and intentions of all Parties parties hereto.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Bancorpsouth Inc)
