No Presumption Against Drafting Party. Each of Parent, Merger Sub and the Company acknowledges that each party to this Agreement has been represented by counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived.
Appears in 52 contracts
Samples: Agreement and Plan of Merger (CohBar, Inc.), Agreement and Plan of Merger (Cryolife Inc), Agreement and Plan of Merger (Aruba Networks, Inc.)
No Presumption Against Drafting Party. Each of Parent, Merger Sub and the Company acknowledges that each party to this Agreement has been represented by counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law Law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived.
Appears in 16 contracts
Samples: Agreement and Plan of Merger (Ameristar Casinos Inc), Agreement and Plan of Merger (Aytu Bioscience, Inc), Agreement and Plan of Merger (Harbin Electric, Inc)
No Presumption Against Drafting Party. Each of Parent, Merger Sub and the Company acknowledges that each party to this Agreement has been represented by counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is hereby expressly waived.
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Trustco Holdings, Inc.), Agreement and Plan of Merger (Penford Corp), Agreement and Plan of Merger (I Flow Corp /De/)
No Presumption Against Drafting Party. Each of Parent, Merger Acquisition Sub and the Company acknowledges that each party to this Agreement has been represented by counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Mill Road Capital II, L.P.), Agreement and Plan of Merger (Mill Road Capital II, L.P.), Agreement and Plan of Merger (Mill Road Capital II, L.P.)
No Presumption Against Drafting Party. Each of Parent, Company and Merger Sub and the Company acknowledges that each party to this Agreement has been represented by counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (American Medical Alert Corp), Agreement and Plan of Merger (McKesson Corp), Agreement and Plan of Merger (Syniverse Technologies Inc)
No Presumption Against Drafting Party. Each of Parent, Merger Sub and the Company acknowledges that each party Party to this Agreement has been represented by counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party Party has no application and is hereby expressly waived.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Remy International, Inc.), Agreement and Plan of Merger (Borgwarner Inc), Agreement and Plan of Merger (Sevcon, Inc.)
No Presumption Against Drafting Party. Each of Parent, the Merger Sub Subs and the Company acknowledges that each party to this Agreement has been represented by counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Aileron Therapeutics Inc), Agreement and Plan of Merger (Catabasis Pharmaceuticals Inc), Agreement and Plan of Merger (Novus Therapeutics, Inc.)
No Presumption Against Drafting Party. Each of the Parent, Merger Sub and the Company acknowledges that each party to this Agreement has been represented by legal counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law Law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (NICE Ltd.), Agreement and Plan of Merger (AOL Inc.), Agreement and Plan of Merger (AOL Inc.)
No Presumption Against Drafting Party. Each of Parent, Merger Sub, Merger Sub 2 and the Company acknowledges that each party to this Agreement has been represented by counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived.
Appears in 2 contracts
Samples: Agreement and Plan of Merger and Reorganization (Schawk Inc), Agreement and Plan of Merger and Reorganization (Matthews International Corp)
No Presumption Against Drafting Party. Each of Parentthe Buyer, Merger Sub and the Company acknowledges that each party to this Agreement has been represented by legal counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law Law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Research Solutions, Inc.), Agreement of Merger and Plan of Reorganization (Research Solutions, Inc.)
No Presumption Against Drafting Party. Each of Parent, Merger Sub and the Company acknowledges that each party to this Agreement has been represented by counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived. [The remainder of this page is intentionally left blank.]
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Kintara Therapeutics, Inc.), Agreement and Plan of Merger (Kintara Therapeutics, Inc.)
No Presumption Against Drafting Party. Each of Parent, Merger Sub and the Company acknowledges that each party to this Agreement has been represented by legal counsel in connection with this Agreement and the transactions contemplated by this AgreementTransactions. Accordingly, any rule of law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Rubicon Project, Inc.), Agreement and Plan of Merger (Rubicon Project, Inc.)
No Presumption Against Drafting Party. Each of Omron, Parent, Merger Sub and the Company acknowledges that each party to this Agreement has been represented by counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Adept Technology Inc), Agreement and Plan of Merger (Omron Corp /Fi)
No Presumption Against Drafting Party. Each of Parent, the Merger Sub Subs and the Company acknowledges that each party to this Agreement has been represented by counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived. [The remainder of this page is intentionally left blank.]
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Ra Medical Systems, Inc.), Agreement and Plan of Merger (Ra Medical Systems, Inc.)
No Presumption Against Drafting Party. Each of Parentthe Acquiror, Merger Sub and the Company acknowledges that each party Party to this Agreement has been represented by counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived.
Appears in 2 contracts
Samples: Amended and Restated Agreement and Plan of Merger (STR Holdings LLC), Summary of Terms for Employment Agreement (STR Holdings (New) LLC)
No Presumption Against Drafting Party. Each of Parent, Merger Acquisition Sub and the Company acknowledges that each party Party to this Agreement has been represented by counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party Party has no application and is expressly waived.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Elanco Animal Health Inc), Agreement and Plan of Merger (Aratana Therapeutics, Inc.)
No Presumption Against Drafting Party. Each of Parent, Merger Sub, Merger Sub I and the Company acknowledges that each party to this Agreement has been represented by counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Urs Corp /New/), Agreement and Plan of Merger (Aecom Technology Corp)
No Presumption Against Drafting Party. Each of Parent, Merger Sub and the Company acknowledges that each party to this Agreement has been represented by counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law or any legal decision Law that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Endocare Inc), Agreement and Plan of Merger (Healthtronics, Inc.)
No Presumption Against Drafting Party. Each of Parent, Merger Sub A, Merger Sub B and the Company acknowledges that each party to this Agreement has been represented by counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law Law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Eldorado Resorts, Inc.), Agreement and Plan of Merger (Isle of Capri Casinos Inc)
No Presumption Against Drafting Party. Each of Parentthe Buyer, Merger Sub and the Company acknowledges that each party to this Agreement has been represented by legal counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived.
Appears in 1 contract
No Presumption Against Drafting Party. Each of Parent, Merger Sub and the Company acknowledges that each party to this Agreement has been represented by legal counsel in connection with this Agreement and the transactions contemplated by this Agreementhereby. Accordingly, any rule of law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived.
Appears in 1 contract
No Presumption Against Drafting Party. Each of Parentthe Acquiror, Merger Sub and the Company acknowledges that each party to this Agreement has been represented by legal counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived.
Appears in 1 contract
Samples: Agreement and Plan of Merger (ExlService Holdings, Inc.)
No Presumption Against Drafting Party. Each of ParentBuyer, Merger Sub and the Company acknowledges that each party to this Agreement has been represented by counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Apria Healthcare Group Inc)
No Presumption Against Drafting Party. Each of the Parent, Merger Sub Sub, the Company and the Company Approving Holders acknowledges that each party to this Agreement has been represented by counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived.
Appears in 1 contract
No Presumption Against Drafting Party. Each of Parent, Merger Sub and the Company Stockholders acknowledges that each party to this Agreement has been represented by counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived.
Appears in 1 contract
Samples: Support Agreement (K Swiss Inc)
No Presumption Against Drafting Party. Each of Parent, Merger Sub and the Company acknowledges that each party to this Agreement has been represented by counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law Law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived. [The remainder of this page is intentionally left blank.]
Appears in 1 contract
No Presumption Against Drafting Party. Each of Parent, Merger Sub Sub, Merger Partnership, the Company and the Company Partnership acknowledges that each party to this Agreement has been represented by counsel in connection with this Agreement and the transactions contemplated by this Agreement and has participated jointly in negotiating and drafting this Agreement. Accordingly, any rule of law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived.
Appears in 1 contract
No Presumption Against Drafting Party. Each of Parentthe Acquiror, First-Step Merger Sub, Second-Step Merger Sub and the Company acknowledges that each party to this Agreement has been represented by counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law Law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived. [The remainder of this page is intentionally left blank.]
Appears in 1 contract
Samples: Agreement and Plan of Merger (SCM Microsystems Inc)
No Presumption Against Drafting Party. Each of Parent, Intermediate Holdco, Merger Sub and the Company acknowledges that each party to this Agreement has been represented by counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Cerevel Therapeutics Holdings, Inc.)
No Presumption Against Drafting Party. Each of Parent, the Merger Sub Subs and the Company acknowledges that each party to this Agreement has been represented by counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived.
Appears in 1 contract
Samples: Agreement and Plan of Merger (NeuroBo Pharmaceuticals, Inc.)
No Presumption Against Drafting Party. Each of Parent, Merger Sub and the Company acknowledges that each party to this Agreement has been represented by counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law Law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is hereby expressly waived.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Microchip Technology Inc)
No Presumption Against Drafting Party. Each of Parent, Merger Sub and the Company acknowledges that each party to this Agreement has been represented by counsel in 106 connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law or any legal decision Law that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived.
Appears in 1 contract
No Presumption Against Drafting Party. Each of the Parent, Merger Sub, Sub LLC and the Company acknowledges that each party to this Agreement has been represented by legal counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law Law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived. [The remainder of this page is intentionally left blank.] Execution Version
Appears in 1 contract
No Presumption Against Drafting Party. Each of Parentthe Acquiror, Merger Sub and the Company acknowledges that each party to this Agreement has been represented by counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived. [The remainder of this page is intentionally left blank.]
Appears in 1 contract
Samples: Agreement and Plan of Merger (Apria Healthcare Group Inc)
No Presumption Against Drafting Party. Each of Parent, Assertio, Merger Sub and the Company acknowledges that each party to this Agreement has been represented by counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived.
Appears in 1 contract
No Presumption Against Drafting Party. Each of Parent, Merger Sub and the Company acknowledges that each party to this Agreement has been represented by counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived.. Section 9.17
Appears in 1 contract
Samples: Agreement and Plan of Merger (Sharps Compliance Corp)
No Presumption Against Drafting Party. Each of ParentAcquiror, Merger Sub Sub, Company Parent and the Company acknowledges that each party to this Agreement has been represented by legal counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law Law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Duckhorn Portfolio, Inc.)
No Presumption Against Drafting Party. Each of Parent, Merger the Acquiror, Sub and the Company acknowledges that each party to this Agreement has been represented by legal counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived.
Appears in 1 contract
No Presumption Against Drafting Party. Each of Parent, Merger Sub Subs and the Company acknowledges that each other party to this Agreement has been represented by counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Manning & Napier, Inc.)
No Presumption Against Drafting Party. Each of Parentthe Acquiror, the Merger Sub Subs and the Company acknowledges that each party to this Agreement has been represented by legal counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived.
Appears in 1 contract
No Presumption Against Drafting Party. Each of Parentthe Acquiror, Merger Sub and the Company acknowledges that each party to this Agreement has been represented by counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law Law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is expressly waived.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Integral Systems Inc /Md/)
No Presumption Against Drafting Party. Each of Parent, Merger Sub and the Company Sellers acknowledges that each party to this Agreement has been represented by counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law Law or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the drafting party has no application and is hereby expressly waived.
Appears in 1 contract
