No Presumption. With regard to each and every term and condition of this Agreement, the parties hereto understand and agree that the same have or has been mutually negotiated, prepared and drafted, and if at any time the parties hereto desire or are required to interpret or construe any such term or condition, no consideration will be given to the issue of which party hereto actually prepared, drafted or requested any term or condition of this Agreement.
Appears in 27 contracts
Sources: Limited Liability Company Agreement (TKO Group Holdings, Inc.), Stockholders Agreement (Harley-Davidson, Inc.), Stockholders Agreement (Harley-Davidson, Inc.)
No Presumption. With regard to each and every term and condition of this Agreement, the parties hereto understand and agree that the same have or has been mutually negotiated, prepared and drafted, and if at any time the parties hereto desire or are required to interpret or construe any such term or conditioncondition or any agreement or instrument subject hereto, no consideration will shall be given to the issue of which party hereto actually prepared, drafted or requested any term or condition of this AgreementAgreement or any agreement or instrument subject hereto.
Appears in 25 contracts
Sources: Agreement on Registration Rights and Other Resales (XP Inc.), Registration Rights Agreement (XP Control LLC), Registration Rights Agreement (Itausa S.A.)
No Presumption. With regard to each and every term and condition of this AgreementAgreement and any and all agreements and instruments subject to the terms hereof or referred to herein, the parties hereto understand and agree that the same have or has been mutually negotiated, prepared and drafted, and if at any time the parties hereto desire or are required to interpret or construe any such term or conditioncondition or any agreement or instrument subject hereto, no consideration will shall be given to the issue of which party hereto actually prepared, drafted or requested any term or condition of this AgreementAgreement or any agreement or instrument subject hereto.
Appears in 16 contracts
Sources: Limited Liability Company Agreement (Seaport Entertainment Group Inc.), Operating Agreement, Stock and Membership Interest Purchase Agreement (Cenveo, Inc)
No Presumption. With regard to each and every term and condition of this AgreementAgreement and the other Transaction Documents, the parties hereto understand and agree that the same have or has been mutually negotiated, prepared and drafted, and if at any time the parties hereto desire or are required to interpret or construe any such term or conditioncondition or any agreement or instrument subject hereto, no consideration will shall be given to the issue of which party hereto actually prepared, drafted or requested any term or condition of this AgreementAgreement or any agreement or instrument subject hereto.
Appears in 8 contracts
Sources: Membership Interests Purchase Agreement (PNK Entertainment, Inc.), Membership Interests Purchase Agreement (Pinnacle Entertainment Inc.), Equity Interest Purchase Agreement (Thestreet, Inc.)
No Presumption. With regard to each and every term and condition of this AgreementAgreement and the other Transaction Documents, the parties hereto understand and agree that the same have or has been mutually negotiated, prepared and drafted, and if at any time the parties hereto desire or are required to interpret or construe any such term or conditioncondition or any agreement or instrument subject hereto, no consideration will shall be given to the issue of which party hereto actually prepared, drafted or requested any term or condition of this Agreement.
Appears in 4 contracts
Sources: Subscription Agreement (Esports Technologies, Inc.), Common Stock Purchase Agreement (N-Able, Inc.), Common Stock Purchase Agreement (Cyclerion Therapeutics, Inc.)
No Presumption. With regard to each and every term and condition all provisions of this AgreementAgreement and the other Transaction Documents, the parties hereto understand and agree that the same have or has been mutually negotiated, prepared and drafteddrafted by all Parties, and if at any time the parties hereto Parties desire or are required to interpret or construe any such term or conditioncondition or any agreement or instrument subject hereto, no consideration will shall be given to the issue of which party hereto Party actually prepared, drafted or requested any term or condition of this Agreementsuch provision.
Appears in 3 contracts
Sources: Merger Agreement (National Technical Systems Inc /Ca/), Merger Agreement (National Technical Systems Inc /Ca/), Merger Agreement (National Technical Systems Inc /Ca/)
No Presumption. With regard to each and every term and condition of this Agreement, the parties hereto understand and agree that the same have or has been mutually negotiated, prepared and drafted, and if at any time the parties hereto desire or are required to interpret or construe any such term or conditioncondition or any agreement or instrument subject hereto, no consideration will shall be given to the issue of which party hereto actually prepared, drafted or requested any term or condition of this Agreement.
Appears in 3 contracts
Sources: Employment Agreement (Dynacast Inc.), Employment Agreement (Dynacast Inc.), Employment Agreement (Dynacast Inc.)
No Presumption. With regard to each and every term and condition of this Agreement, the parties hereto understand and agree that the same have or has been mutually negotiated, prepared and drafted, and if at any time the parties hereto desire or are required to interpret or construe any such term or conditioncondition or any agreement or instrument subject hereto, no consideration will shall be given to the issue of which party hereto actually prepared, drafted or requested any term or condition of this Agreement.
Appears in 3 contracts
Sources: Stock Purchase Agreement (Hecht Peter M), Common Stock Purchase Agreement (Cyclerion Therapeutics, Inc.), Common Stock Purchase Agreement (Cyclerion Therapeutics, Inc.)
No Presumption. With regard to each and every term and condition of this AgreementAgreement and the other Transaction Documents, the parties hereto understand and agree that the same have or has been mutually negotiated, prepared and drafted, and if at any time the parties hereto desire or are required to interpret or construe any such term or conditionterm, no consideration will shall be given to the issue of which party hereto actually prepared, drafted or requested any term or condition of this AgreementAgreement or any other Transaction Document.
Appears in 2 contracts
Sources: Stock Purchase Agreement (Thestreet Com), Membership Interest Purchase Agreement (Thestreet Com)
No Presumption. With regard to each and every term and condition of this AgreementAgreement or any other Transaction Document, the parties hereto understand and agree that the same have or has been mutually negotiated, prepared and drafted, and if at any time the parties hereto desire or are required to interpret or construe any such term or conditioncondition or any agreement or instrument subject hereto, no consideration will shall be given to the issue of which party hereto actually prepared, drafted or requested any term or condition of this AgreementAgreement or any agreement or instrument subject hereto.
Appears in 2 contracts
Sources: Merger Agreement (Ani Pharmaceuticals Inc), Merger Agreement (Ani Pharmaceuticals Inc)
No Presumption. With regard to each and every term and condition of this AgreementAgreement and any and all agreements and instruments subject to the terms hereof or referred to herein, the parties Parties hereto understand and agree that the same have or has been mutually negotiated, prepared prepared, and drafted, and if at any time the parties Parties hereto desire or are required to interpret or construe any such term or conditioncondition or any agreement or instrument subject hereto, no consideration will shall be given to the issue of which party Party hereto actually prepared, drafted drafted, or requested any term or condition of this AgreementAgreement or any agreement or instrument subject hereto.
Appears in 2 contracts
Sources: Contribution Agreement (Xcorporeal, Inc.), Contribution Agreement (Xcorporeal, Inc.)
No Presumption. With regard to each and every term and condition of this AgreementAgreement and the other Transaction Documents, the parties hereto Parties understand and agree that the same have or has been mutually negotiated, prepared and drafted, and if at any time the parties hereto Parties desire or are required to interpret or construe any such term or conditioncondition or any agreement or instrument subject hereto, no consideration will shall be given to the issue of which party hereto Party actually prepared, drafted or requested any term or condition of this Agreement.
Appears in 1 contract
No Presumption. With regard to The parties understand and agree that each and every term and condition of this Agreement, the parties hereto understand and agree that the same have or Agreement has been mutually negotiated, prepared and drafted, and if at any time the parties hereto desire or are required to interpret or construe any such term or conditioncondition of this Agreement, no consideration will shall be given to the issue of which party hereto actually prepared, drafted or requested any such term or condition of this Agreement.
Appears in 1 contract
Sources: Settlement and Asset Sale Agreement (Logimetrics Inc)
No Presumption. With regard to each and every term and condition of this Agreement, the parties hereto Parties understand and agree that the same have or has been mutually negotiated, prepared and drafted, and if at any time the parties hereto Parties desire or are required to interpret or construe any such term or conditioncondition or any agreement or instrument subject hereto, no consideration will shall be given to the issue of which party hereto Party actually prepared, drafted or requested any term or condition of this Agreement.
Appears in 1 contract
Sources: Common Stock Purchase Agreement (Nesco Holdings, Inc.)
No Presumption. With regard to each and every term and condition of this Agreement, the parties hereto understand and agree that the same have or has been mutually negotiated, prepared and drafted, and if at any time the parties hereto desire or are required to interpret or construe any such term or condition, no consideration will shall be given to the issue of which party hereto actually prepared, drafted or requested any term or condition of this Agreement.
Appears in 1 contract
Sources: Consent and Termination Agreement (CDR Cookie Acquisition LLC)
No Presumption. With regard to each and every term and condition of this Agreement, the parties hereto Company and each of the Members understand and agree that the same have or has been mutually negotiated, prepared and drafted, and if at any time the parties hereto desire or are required to interpret or construe any such term or conditioncondition or any agreement or instrument subject hereto, no consideration will shall be given to the issue of which party hereto actually prepared, drafted or requested any term or condition of this Agreement.
Appears in 1 contract
Sources: Limited Liability Company Agreement (Madison Square Garden Entertainment Corp.)