Mutual Drafting; Interpretation. Each Party hereto has participated in the drafting of this Agreement, which each such Party acknowledges is the result of extensive negotiations between the Parties. If an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any provision.
Appears in 10 contracts
Samples: Acquisition and Investment Agreement (Deerfield Capital Corp.), Asset Purchase Agreement (CIFC Corp.), Management Agreement (Deerfield Capital Corp.)
Mutual Drafting; Interpretation. Each Party party hereto has participated in the drafting of this Agreement, which each such Party party acknowledges is the result of extensive negotiations between the Partiesparties. If an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any provision.
Appears in 4 contracts
Samples: Asset Purchase Agreement (CIFC Corp.), Stockholders Agreement (Deerfield Capital Corp.), Stockholders Agreement (Deerfield Capital Corp.)
Mutual Drafting; Interpretation. Each Party party hereto has participated in the drafting of this Agreement, which each such Party party acknowledges is the result of extensive negotiations between the Partiesparties. If an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Partiesparties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any provision.. [THIS SPACE LEFT BLANK INTENTIONALLY]
Appears in 4 contracts
Samples: Asset Purchase Agreement (CIFC Corp.), Registration Rights Agreement (Deerfield Capital Corp.), Registration Rights Agreement (CIFC Corp.)
Mutual Drafting; Interpretation. Each Party party hereto has participated in the drafting of this Agreement, which each such Party party acknowledges is the result of extensive negotiations between the Partiesparties. If an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Partiesparties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any provision.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Bounty Investments, LLC), Agreement and Plan of Merger (Carpenter Technology Corp), Stock Purchase Agreement (CIFC Parent Holdings LLC)
Mutual Drafting; Interpretation. Each Party party hereto has participated in the drafting of this Agreement, which each such Party party acknowledges is the result of extensive negotiations between the Partiesparties. If an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Partiesparties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any provision.. In this Agreement, except to the extent otherwise provided or that the context otherwise requires:
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Concur Technologies Inc), Agreement and Plan of Merger (Callidus Software Inc), Agreement and Plan of Merger (Ariba Inc)
Mutual Drafting; Interpretation. (a) Each Party party hereto has participated in the drafting of this Agreement, which each such Party party acknowledges is the result of extensive negotiations between the Partiesparties. If an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Partiesparties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any provision.
Appears in 2 contracts
Samples: Transaction Implementation Agreement (Grindrod Shipping Holdings Ltd.), Agreement and Plan of Merger (Guidance Software, Inc.)
Mutual Drafting; Interpretation. Each Party party hereto has participated in the drafting of this Agreement, which each such Party party acknowledges is the result of extensive negotiations between the Partiesparties. If an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Partiesparties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any provision.
Appears in 2 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Iparty Corp)
Mutual Drafting; Interpretation. Each Party hereto has participated in the drafting of this Agreement, which each such Party acknowledges is the result of extensive negotiations between the Parties. If an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any provision.. For purposes of this Agreement, whenever the
Appears in 1 contract
Mutual Drafting; Interpretation. Each Party party hereto has participated in the drafting of this Agreement, which each such Party party acknowledges is the result of extensive negotiations between the Partiesparties. If an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any provision.. NY\6038815.13
Appears in 1 contract
Samples: Stockholders Agreement (CIFC Corp.)
