Mutual Drafting. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event 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 of the provisions of this Agreement.
Appears in 28 contracts
Samples: Accounts Receivable Purchase Agreement, Purchase and Sale Agreement, Asset Purchase Agreement
Mutual Drafting. The Parties have Each party has participated jointly in the negotiation and drafting of this Agreement. In , which each party acknowledges is the result of extensive negotiations between the parties; accordingly, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 27 contracts
Samples: Note Purchase and Class B Share Agreement (Schorsch Nicholas S), Note Purchase Agreement (RCS Capital Corp), Agreement and Plan of Merger (Rocket Fuel Inc.)
Mutual Drafting. The Parties have Each party hereto has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of extensive negotiations between the parties. In the event an of any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 24 contracts
Samples: Agreement for the Sale and Purchase (Pinnacle Entertainment Inc), Terms Agreement (Atlantic Coast Entertainment Holdings Inc), Asset Purchase Agreement (Penn National Gaming Inc)
Mutual Drafting. The Parties have Each party hereto has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of extensive negotiations between the parties. In the event an any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 11 contracts
Samples: Interest Purchase Agreement (Red Rock Resorts, Inc.), Equity Purchase Agreement (Twin River Worldwide Holdings, Inc.), Interest Purchase Agreement (Eldorado Resorts, Inc.)
Mutual Drafting. The Parties parties have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, and this Agreement shall be construed as if drafted jointly by the Parties and no without regard to any presumption or burden rule requiring construction or interpretation in favor of proof shall arise favoring or disfavoring against any Party party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 10 contracts
Samples: Agreement and Plan of Merger (Diversey Holdings, Inc.), Agreement and Plan of Merger (Pokertek, Inc.), Agreement and Plan of Merger (New Plan Excel Realty Trust Inc)
Mutual Drafting. The Parties have Each Party has participated jointly in the negotiation and drafting of this Agreement. In , which each Party acknowledges is the result of extensive negotiations between the Parties; accordingly, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties Parties, 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.
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Comverge, Inc.), Agreement and Plan of Merger (Sutron Corp), Agreement and Plan of Merger (Solutia Inc)
Mutual Drafting. The Parties parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any Party party hereto by virtue of the authorship of any of the provisions of this Agreement.
Appears in 8 contracts
Samples: Master Purchase Agreement (Jones Apparel Group Inc), Asset and Equity Purchase Agreement (Tronox Inc), Common Unit Purchase Agreement (Jones Apparel Group Inc)
Mutual Drafting. The Parties have Each party has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of extensive negotiations between the parties. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreementprovision.
Appears in 8 contracts
Samples: Business Combination Agreement (Globe Specialty Metals Inc), Shareholder Agreement (Ferroglobe PLC), Shareholder Agreement (Ferroglobe PLC)
Mutual Drafting. The Parties have participated jointly in the negotiation and drafting of this Agreement. In Agreement with the assistance of counsel and other advisors and, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if jointly 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 of the provisions this Agreement or interim drafts of this Agreement.
Appears in 8 contracts
Samples: Master Separation Agreement (Altice USA, Inc.), Stockholder Agreement (Altice USA, Inc.), Stockholders’ Agreement (Altice USA, Inc.)
Mutual Drafting. The Parties have Each party hereto has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of extensive negotiations between the parties. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreementprovision.
Appears in 8 contracts
Samples: Noncompetition Agreement (Southwire Co), Agreement and Plan of Merger (Osprey Technology Acquisition Corp.), Sponsor Support Agreement (Osprey Technology Acquisition Corp.)
Mutual Drafting. The Parties parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the Parties parties hereto and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue party hereto because of the authorship of any of the provisions provision of this Agreement. This Agreement is the joint product of the Subscriber and the Company and each provision hereof has been subject to the mutual consultation, negotiation and agreement of such parties and shall not be construed for or against any party hereto.
Appears in 8 contracts
Samples: Lazard Growth Acquisition Corp. I, Israel Amplify Program Corp., Israel Amplify Program Corp.
Mutual Drafting. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this This Agreement shall be construed as if drafted jointly by the Parties and no without regard to any presumption or burden of proof shall arise favoring rule requiring construction or disfavoring interpretation against the Party drafting or causing any Party by virtue of the authorship of any of the provisions of this Agreement.instrument to be drafted. * * * * *
Appears in 7 contracts
Samples: Tax Matters Agreement (Knowles Corp), Tax Matters Agreement (Knowles Corp), Tax Matters Agreement (DOVER Corp)
Mutual Drafting. The Parties parties hereto have participated jointly in the negotiation and drafting of this Agreement. In Agreement and, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if jointly drafted jointly by the Parties parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions provision of this Agreement. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instrument to be drafted.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Blackhawk Network Holdings, Inc), Voting and Support Agreement (VWR Corp), Voting and Support Agreement (Silver Lake Group, L.L.C.)
Mutual Drafting. The Parties have Each party has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of extensive negotiations between the parties. In Accordingly, the parties agree that in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 6 contracts
Samples: Voting and Lock Up Agreement (Ardsley Advisory Partners), Settlement and Standstill Agreement (Ardsley Advisory Partners), Voting and Lock Up Agreement
Mutual Drafting. The Parties have Each party hereto has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of extensive negotiations between the parties. In the event an that any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 5 contracts
Samples: Equity Interest Purchase Agreement (Pinnacle Entertainment Inc.), Equity Interest Purchase Agreement (PNK Entertainment, Inc.), Membership Interest Purchase Agreement (Boyd Gaming Corp)
Mutual Drafting. The Parties have Each party hereto has participated jointly in the negotiation and drafting of this Agreement. In , which each party hereto acknowledges is the result of extensive negotiations between the parties hereto; accordingly, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any Party party hereto by virtue of the authorship of any of the provisions of this Agreement.
Appears in 5 contracts
Samples: Tender and Support Agreement (Bristol Myers Squibb Co), Support Agreement (Radoff Bradley Louis), Form of Officer Support Agreement (Soliton, Inc.)
Mutual Drafting. The Parties have Each party hereto has participated jointly in the negotiation and drafting of this Agreement. In , which each party hereto acknowledges is the result of extensive negotiations between the parties; accordingly, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 5 contracts
Samples: Tender and Support Agreement (Southwall Technologies Inc /De/), Tender and Support Agreement (Solutia Inc), Tender and Support Agreement (Southwall Technologies Inc /De/)
Mutual Drafting. The Parties have Each party has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of extensive negotiations between the parties. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if it is drafted jointly by all the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 4 contracts
Samples: Voting Agreement (Clean Energy Technologies, Inc.), Voting Agreement (Pinnacle Gas Resources, Inc.), Voting Agreement (Gulfmark Offshore Inc)
Mutual Drafting. The Parties parties hereto have participated jointly in the negotiation and drafting of this Agreement. In Agreement and, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if jointly drafted jointly by the Parties parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 4 contracts
Samples: Purchase Agreement (Investview, Inc.), Amp Stock Purchase Agreement (Miscor Group, Ltd.), Asset Purchase Agreement (Capitol Bancorp LTD)
Mutual Drafting. The Parties have Each Party has participated jointly in the negotiation and drafting of this Agreement, which each Party acknowledges is the result of extensive negotiations between the Parties. In the event an ambiguity or question of intent or interpretation arisesConsequently, this Agreement shall be interpreted without reference to any rule or precept of law that states that any ambiguity in a document be construed as if drafted jointly by against the Parties 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 Agreementdrafter.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Iec Electronics Corp), Agreement and Plan of Merger (Learn2 Com Inc), Agreement and Plan of Merger (E Stamp Corp)
Mutual Drafting. The Parties have Each Party has participated jointly in the negotiation and drafting of this Agreement, which each Party acknowledges is the result of extensive negotiations between the Parties. In the event an that any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties Parties, 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.
Appears in 4 contracts
Samples: Master Lease Commitment and Rent Allocation Agreement (Penn National Gaming Inc), Master Lease Commitment and Rent Allocation Agreement (Boyd Gaming Corp), Equity Interest Purchase Agreement (PNK Entertainment, Inc.)
Mutual Drafting. The Parties have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event that an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties Parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Tronox LTD), Agreement and Plan of Merger (Partners Bancorp), Agreement and Plan of Merger (FNCB Bancorp, Inc.)
Mutual Drafting. The Parties have Each party has jointly participated jointly in the negotiation and drafting of this which Agreement, which each party acknowledges is the result of extensive negotiations between the parties. In the event an If any ambiguity or question of or intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreementprovision.
Appears in 4 contracts
Samples: Tender and Support Agreement (Science 37 Holdings, Inc.), Tender and Support Agreement (Science 37 Holdings, Inc.), Tender and Support Agreement (Science 37 Holdings, Inc.)
Mutual Drafting. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the Parties and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 3 contracts
Samples: Stock Purchase and Transaction Agreement (Office Depot Inc), Master Acquisition Agreement (Esterline Technologies Corp), Master Acquisition Agreement (Esterline Technologies Corp)
Mutual Drafting. The Parties have Each party has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of extensive negotiations between the parties. In Accordingly, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Smart & Final Stores, Inc.), Tender and Support Agreement (Michaels Companies, Inc.), Tender and Support Agreement (First Street Merger Sub, Inc.)
Mutual Drafting. The Parties have Each Party has participated jointly in the negotiation and drafting of this Agreement, which each Party acknowledges is the result of good faith negotiations among the Parties. In the event an any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties Parties, 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.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Monarch Casino & Resort Inc), Stock Purchase Agreement (Riviera Holdings Corp), Membership Interest Purchase Agreement (Full House Resorts Inc)
Mutual Drafting. The Parties parties have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event If an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 3 contracts
Samples: Tender and Support Agreement (Qumu Corp), Tender and Support Agreement (Dover Motorsports Inc), Tender and Support Agreement (Papa Murphy's Holdings, Inc.)
Mutual Drafting. The Parties have Each Party has participated jointly in the negotiation and drafting of this Agreement, which each Party acknowledges is the result of extensive negotiations between the Parties. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if it is drafted jointly by all the Parties Parties, 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.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Dell Inc), Agreement and Plan of Merger (Pinnacle Gas Resources, Inc.), Share Issuance Agreement (China North East Petroleum Holdings LTD)
Mutual Drafting. The Parties have participated jointly in the negotiation and drafting of this AgreementAgreement and the language used in this Agreement shall be deemed to be the language chosen by the Parties to express their mutual intent. In the event If an ambiguity or question of intent or interpretation arises, then this Agreement shall will accordingly be construed as if drafted jointly by the Parties Parties, and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Scilex Holding Co), Stock Purchase Agreement (Sorrento Therapeutics, Inc.), Stock Purchase Agreement (Sorrento Therapeutics, Inc.)
Mutual Drafting. The Parties have Each party hereto has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of extensive negotiations between the parties. In the event an that any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 3 contracts
Samples: Equity Interest Purchase Agreement (Penn National Gaming Inc), Purchase and Sale Agreement (Eldorado Resorts, Inc.), Equity Interest Purchase Agreement (CAESARS ENTERTAINMENT Corp)
Mutual Drafting. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event of an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 3 contracts
Samples: Software and Technology Sub License Agreement (Espre Solutions Inc), Intellectual Property License Agreement (Espre Solutions Inc), Intellectual Property License Agreement (Espre Solutions Inc)
Mutual Drafting. The Each of the Parties have has participated jointly in the negotiation and drafting of this Agreement. In the event 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 of the provisions of this Agreement.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Wet Seal Inc), Asset Purchase Agreement (Priority Technology Holdings, Inc.), Asset Purchase Agreement
Mutual Drafting. The Parties have Each party hereto has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of good faith negotiations between the parties. In the event an any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 2 contracts
Samples: Membership Interest Purchase Agreement (Leucadia National Corp), Purchase Agreement (Churchill Downs Inc)
Mutual Drafting. The Parties parties have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event that an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Tropicana Las Vegas Hotel & Casino, Inc.), Agreement and Plan of Merger (Penn National Gaming Inc)
Mutual Drafting. The Parties parties hereto have participated jointly in the negotiation and drafting of this Agreement. In ; accordingly, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly collectively by the Parties parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any Party party hereto by virtue of the authorship of any of the provisions of this Agreement.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Universal Technical Institute Inc), Stock Purchase Agreement (Universal Technical Institute Inc)
Mutual Drafting. The Parties parties hereto have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event that an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any Party party hereto by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (International Rectifier Corp /De/), Agreement and Plan of Merger (Stock Building Supply Holdings, Inc.)
Mutual Drafting. The Parties have Each party hereto has participated jointly in the negotiation and drafting of this Agreement, which each such party acknowledges is the result of extensive negotiations between the parties. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreementprovision.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Carpenter Technology Corp), Stockholders Agreement (Carpenter Technology Corp)
Mutual Drafting. The Parties have Each party has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of extensive negotiations between the parties. In the event an that any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 2 contracts
Samples: Membership Interest Purchase Agreement (Boyd Gaming Corp), Membership Interest Purchase Agreement (Penn National Gaming Inc)
Mutual Drafting. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event Agreement and, if an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if jointly 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 of the provisions provision of this Agreement.
Appears in 2 contracts
Samples: Contribution Agreement (Phillips Edison Grocery Center Reit I, Inc.), Contribution Agreement (Phillips Edison Grocery Center Reit I, Inc.)
Mutual Drafting. The Parties hereto have participated jointly in the negotiation and drafting of this Agreement. In Agreement and, in the event of an ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if jointly drafted jointly by the Parties hereto and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 2 contracts
Samples: Program Agreement (Green Dot Corp), Walmart Moneycard Agreement (Green Dot Corp)
Mutual Drafting. The Parties parties hereto have participated jointly in the negotiation and drafting of this Agreement. In Agreement with the assistance of counsel and other advisors and, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if jointly drafted jointly by the Parties parties hereto and thereto, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions provision of this Agreement.. * * * * *
Appears in 2 contracts
Samples: Consulting Agreement (Engaged Capital LLC), Consulting Agreement (Elliott Associates, L.P.)
Mutual Drafting. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this This Agreement shall be construed as if drafted jointly by the Parties parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 2 contracts
Samples: Service Agreement, Service Agreement
Mutual Drafting. The Parties have Each Party has participated jointly in the negotiation and drafting of this Agreement, which each Party acknowledges is the result of good faith negotiations among the Parties. In the event an any 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 of the provisions of this Agreement.
Appears in 1 contract
Samples: Interest Purchase Agreement (Full House Resorts Inc)
Mutual Drafting. The Parties have Each party hereto has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of extensive negotiations between the parties. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall will arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreementprovision.
Appears in 1 contract
Mutual Drafting. The Parties have Each party has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of good faith negotiations between the parties. In the event an any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Mutual Drafting. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be the 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 of the provisions of this Agreement.
Appears in 1 contract
Samples: Asset Purchase Agreement
Mutual Drafting. The Parties have Each Party hereto has participated jointly in the negotiation and drafting of this Agreement, which each Party acknowledges is the result of extensive negotiations between the Parties. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties Parties, 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 Agreementprovision.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (Retrophin, Inc.)
Mutual Drafting. The Parties shall be deemed to have participated jointly in the negotiation and drafting of this Agreement. In Accordingly, in the event 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 hereto by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Mutual Drafting. The Parties have Each party has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of extensive negotiations between the parties. In Accordingly, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.. ***Signature Pages Follow***
Appears in 1 contract
Mutual Drafting. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event 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 of the provisions of this Agreement.. Section 9.18
Appears in 1 contract
Samples: Asset Purchase Agreement (Village Super Market Inc)
Mutual Drafting. The Parties have participated jointly in the negotiation and drafting of this Agreement. In ; accordingly, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly collectively by the Parties Parties, 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.
Appears in 1 contract
Mutual Drafting. The Parties have Each party has participated jointly in the negotiation and drafting of this Agreement. In letter agreement, which each party acknowledges is the result of extensive negotiations between the parties; accordingly, in the event an ambiguity or question of intent or interpretation arises, this Agreement letter agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreementletter agreement.
Appears in 1 contract
Samples: Firstcity Financial Corp
Mutual Drafting. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties Parties, 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. Any controversy concerning the construction of this Agreement should be decided neutrally and without regard to authorship.
Appears in 1 contract
Samples: Settlement Agreement
Mutual Drafting. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if jointly drafted jointly by the Parties Parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 1 contract
Mutual Drafting. The Parties parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Samples: Limited Liability Company Agreement (SEACOR Marine Holdings Inc.)
Mutual Drafting. The Parties have Each Party has participated jointly in the negotiation and drafting of this Agreement, which each Party acknowledges is the result of extensive negotiations between the Parties. In the event an If any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if jointly 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 of the provisions provision of this Agreement.
Appears in 1 contract
Mutual Drafting. The Parties have Each party hereto has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of extensive negotiations between the parties. In the event an any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Samples: Securities Purchase Agreement (Isle of Capri Casinos Inc)
Mutual Drafting. The Parties have Each party hereto has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of extensive negotiations between the parties. In the event an of any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise 77 favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Samples: Asset Purchase Agreement (American Casino & Entertainment Properties LLC)
Mutual Drafting. The Parties have Each party hereto has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of extensive negotiations between the parties. 60 In the event an that any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (Gaming & Leisure Properties, Inc.)
Mutual Drafting. The Parties hereto have participated jointly in the negotiation and drafting of this Agreement. In Agreement with the assistance of counsel and other advisors and, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if jointly 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 provision of this Agreement.
Appears in 1 contract
Samples: Indemnification Agreement (Richmond Brothers, Inc.)
Mutual Drafting. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event 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 either Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Mutual Drafting. The Parties have Each party hereto has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of extensive negotiations between the Parties. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreementprovision.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Osprey Technology Acquisition Corp.)
Mutual Drafting. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Mutual Drafting. The Parties have Each Party hereto has participated jointly in the negotiation and drafting of this Agreement, which each Party acknowledges is the result of extensive negotiations between the Parties. In the event an any 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 of the provisions of this Agreement.
Appears in 1 contract
Samples: Real Estate Purchase Agreement (Eldorado Resorts, Inc.)
Mutual Drafting. The Parties have Each Party has participated jointly in the negotiation and drafting of this Agreement, which each Party acknowledges is the result of extensive negotiations between the Parties. In the event 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 or proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Mutual Drafting. The Parties have Each party hereto has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of extensive negotiations between the parties. In the event of an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Samples: Purchase Agreement (Hcp, Inc.)
Mutual Drafting. The Parties have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event an ambiguity , and this Agreement will be construed without regard to any presumption or question of intent rule requiring construction or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption in favor of or burden of proof shall arise favoring or disfavoring any against a Party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 1 contract
Samples: Stock Purchase Agreement (Allied Motion Technologies Inc)
Mutual Drafting. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties Parties, 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.
Appears in 1 contract
Mutual Drafting. The Parties parties hereto have participated jointly in the negotiation and drafting of this Agreement. In Agreement and, in the event of an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if jointly drafted jointly by the Parties parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any Party party hereto by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 1 contract
Samples: Investment Agreement (Plymouth Industrial REIT Inc.)
Mutual Drafting. The Parties have Each party hereto has participated jointly in the negotiation and drafting of this Agreement, which each party hereto acknowledges is the result of extensive negotiations between the parties. In the event an of any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Samples: Asset Purchase Agreement (Nevada Gold & Casinos Inc)
Mutual Drafting. The Parties have Each Party has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of good faith negotiations between the parties. In the event an any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Mutual Drafting. The Parties parties hereto have participated jointly in the negotiation and drafting of this Agreement. In ; accordingly, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any Party party hereto by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Samples: Stock Purchase Agreement (Sensata Technologies Holding N.V.)
Mutual Drafting. The Parties have participated jointly in the negotiation and drafting of this Agreement. In Accordingly, in the event 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 hereto by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Samples: Stockholders Agreement (K12 Inc)
Mutual Drafting. The Parties have Each party has participated jointly in the negotiation and drafting of this Letter Agreement. In , which each party acknowledges is the result of extensive negotiations between the parties; accordingly, in the event an ambiguity or question of intent or interpretation arises, this Letter Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Letter Agreement.
Appears in 1 contract
Samples: Letter Agreement (Danaher Corp /De/)
