No Strict Construction. The 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 hereto and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement.
Appears in 1725 contracts
Sources: Working Capital Facility Agreement (Heron Therapeutics, Inc. /De/), Loan and Security Agreement (Senseonics Holdings, Inc.), Loan and Security Agreement (Disc Medicine, Inc.)
No Strict Construction. The 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 hereto 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 of this Agreement.
Appears in 507 contracts
Sources: Exchange Agreement (Sonida Senior Living, Inc.), Contribution and Exchange Agreement (Tribeca Strategic Acquisition Corp.), Contribution and Exchange Agreement (Tribeca Strategic Acquisition Corp.)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the all parties hereto hereto, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions provision of this Agreement.
Appears in 264 contracts
Sources: Subscription Agent Agreement (Blackrock Muniassets Fund, Inc.), Subscription Agent Agreement (Tortoise Energy Infrastructure Corp), Subscription Agent Agreement (LGL Group Inc)
No Strict Construction. The 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 will be construed as if drafted jointly by the parties hereto 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 of this Agreement.
Appears in 106 contracts
Sources: Employment Agreement (StubHub Holdings, Inc.), Executive Employment Agreement (KORE Group Holdings, Inc.), Employment Agreement (StubHub Holdings, Inc.)
No Strict Construction. The parties hereto 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 hereto 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 79 contracts
Sources: Membership Interest Purchase Agreement (Odyssey Therapeutics, Inc.), Membership Interest Purchase Agreement (Odyssey Therapeutics, Inc.), Securities Purchase Agreement (Accelerant Holdings)
No Strict Construction. The parties hereto to this Agreement 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 hereto 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 66 contracts
Sources: Management Services Agreement (Ionic Digital Inc.), Management Services Agreement (Ionic Digital Inc.), Securities Purchase Agreement (Gloo Holdings, Inc.)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arisesarises under any provision of this Agreement, this Agreement shall be construed as if drafted jointly by the parties hereto thereto, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of authoring any of the authorship of any provisions of this Agreement.
Appears in 57 contracts
Sources: Employment Agreement (Definitive Healthcare Corp.), Employment Agreement (VBI Vaccines Inc/Bc), Employment Agreement (Definitive Healthcare Corp.)
No Strict Construction. The 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 hereto 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 55 contracts
Sources: Merger Agreement (CRAWFORD UNITED Corp), Merger Agreement (CRAWFORD UNITED Corp), Asset Purchase Agreement (Rezolve Ai PLC)
No Strict Construction. The parties hereto Parties have participated jointly in the negotiation and drafting of this Agreement. 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 hereto all Parties, and no presumption or burden of proof shall arise favoring or disfavoring any party Party by virtue of the authorship of any provisions provision of this Agreement.
Appears in 51 contracts
Sources: Management Services Agreement (Compass Group Diversified Holdings LLC), Merger Agreement (Mode Mobile, Inc.), Management Services Agreement (Compass Group Diversified Holdings LLC)
No Strict Construction. The 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 hereto hereto, and no presumption or burden of proof shall arise favoring or disfavoring any either party hereto by virtue of the authorship of any of the provisions of this Agreement.
Appears in 47 contracts
Sources: Employment Agreement (Gyre Therapeutics, Inc.), Employment Agreement (Tego Cyber, Inc.), Employment Agreement (Gyre Therapeutics, Inc.)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this AgreementAgreement and the other agreements and documents contemplated herein. In the event an ambiguity or question of intent or interpretation arisesarises under any provision of this Agreement or any other agreement or documents contemplated herein, this Agreement and such other agreements or documents shall be construed as if drafted jointly by the parties hereto thereto, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of authoring any of the authorship of any provisions of this AgreementAgreement or any other agreements or documents contemplated herein.
Appears in 45 contracts
Sources: Stock Purchase Agreement (Par Technology Corp), Merger Agreement (Liquidity Services Inc), Securities Purchase Agreement
No Strict Construction. The parties hereto to this Agreement 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 hereto to this Agreement, 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 38 contracts
Sources: Operating Agreement, Limited Partnership Agreement (Newtek Business Services Corp.), Operating Agreement
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting draft of this Agreement. In the event an any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if it were drafted jointly by the parties hereto hereto, and no presumption or burden of proof shall arise favoring or disfavoring any party hereto by virtue of the authorship of any provisions provision of this Agreement.
Appears in 32 contracts
Sources: Stock Escrow Agreement (Legacy Education Inc.), Escrow Agreement (Safe & Green Development Corp), Escrow Agreement (Safe & Green Holdings Corp.)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the all parties hereto hereto, and no not presumption or burden of or proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions provision of this Agreement.
Appears in 26 contracts
Sources: Transfer Agency and Service Agreement, Depositary Agreement (Diversified Real Asset Income Fund), Depositary Agreement (Nuveen Global High Income Fund)
No Strict Construction. The 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 hereto 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 26 contracts
Sources: Asset Purchase Agreement (Landec Corp \Ca\), Asset Purchase Agreement (Marin Software Inc), Stock Purchase Agreement (Trimble Inc.)
No Strict Construction. The 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 hereto and no presumption or burden of proof shall arise favoring favouring or disfavoring disfavouring any party by virtue of the authorship of any provisions of this Agreement.
Appears in 22 contracts
Sources: Canadian Security Agreement (United Rentals North America Inc), Term Loan Credit Agreement, Canadian Security Agreement (United Rentals North America Inc)
No Strict Construction. 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 will be construed as if drafted jointly by the parties hereto Parties hereto, 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 Agreement.
Appears in 21 contracts
Sources: Executive Employment Agreement (BioRestorative Therapies, Inc.), Executive Employment Agreement (BioRestorative Therapies, Inc.), Executive Employment Agreement (BioRestorative Therapies, Inc.)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. 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 hereto and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement.
Appears in 21 contracts
Sources: Pledge Agreement (KCP Holdings LTD), Pledge Agreement (AGBA Group Holding Ltd.), Pledge Agreement (AGBA Group Holding Ltd.)
No Strict Construction. The 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 hereto 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 of this Agreement.
Appears in 20 contracts
Sources: Registration Agreement (Pinnacle Holdings Inc), Note and Warrant Purchase Agreement (Churchill Environmental & Industrial Equity Partners Lp), Members Agreement (Heartland Technology Inc)
No Strict Construction. The parties hereto Parties have participated jointly in the negotiation and drafting of this Agreement. 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 hereto all Parties and no presumption or burden of proof shall arise favoring or disfavoring any party Party by virtue of the authorship of any provisions provision of this Agreement.
Appears in 19 contracts
Sources: Asset Purchase Agreement, Stock Purchase Agreement (TE Connectivity Ltd.), Stock Purchase Agreement
No Strict Construction. The parties hereto to this Agreement 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 hereto such parties, and no presumption or burden of proof shall arise favoring or disfavoring any such party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 17 contracts
Sources: Stock Option Agreement (CHG Healthcare Services, Inc.), Stock Option Agreement (CHG Healthcare Services, Inc.), Stockholders Agreement (CHG Healthcare Services, Inc.)
No Strict Construction. The parties hereto have participated This Agreement has been prepared jointly in the negotiation and drafting of this Agreementwill not be construed against either party. 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 hereto, and no presumption or burden of proof shall arise favoring or disfavoring any party hereto by virtue of the authorship of any provisions of this Agreement.
Appears in 17 contracts
Sources: Share Purchase Agreement (BeiGene, Ltd.), Share Purchase Agreement (BeiGene, Ltd.), Share Purchase Agreement (Amgen Inc)
No Strict Construction. The 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 hereto 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 of this Agreement.. * * * * *
Appears in 17 contracts
Sources: Registration Rights Agreement (Advantage Payroll Services Inc), Registration Rights Agreement (Alliance Laundry Holdings LLC), Purchase Agreement (Bankvest Capital Corp)
No Strict Construction. The parties hereto to this Agreement 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 hereto to this Agreement, 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 17 contracts
Sources: Senior Preferred Stock Purchase Agreement (SelectQuote, Inc.), Senior Preferred Stock Purchase Agreement (SelectQuote, Inc.), Option Rollover Agreement (Datto Holding Corp.)
No Strict Construction. The 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 will be construed as if 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 provisions of this Agreement.
Appears in 15 contracts
Sources: Term Loan Agreement (Terra Property Trust, Inc.), Credit and Guaranty Agreement (Moderna, Inc.), Credit and Guaranty Agreement (Artivion, Inc.)
No Strict Construction. The parties hereto 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 hereto 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 Agreement.
Appears in 15 contracts
Sources: Stock Purchase and Conversion Agreement (Opus Genetics, Inc.), Stock Purchase and Option Agreement (ImmunityBio, Inc.), Option Agreement (Humacyte, Inc.)
No Strict Construction. 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 hereto 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 14 contracts
Sources: Equity Purchase Agreement (VASO Corp), Merger Agreement (reAlpha Tech Corp.), Merger Agreement (reAlpha Tech Corp.)
No Strict Construction. The 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 will be construed as if drafted jointly by the parties hereto 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 of this Agreement.
Appears in 14 contracts
Sources: Subscription Agreement (Newsmax Inc.), Subscription Agreement (FullPAC, Inc.), Subscription Agreement (FullPAC, Inc.)
No Strict Construction. The 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 hereto 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 of this Agreement. Wherever a conflict exists between this Agreement and any other agreement, this Agreement shall control but solely to the extent of such conflict.
Appears in 14 contracts
Sources: Stockholders Agreement (ITG, Inc./De/), Stockholders Agreement (ITG, Inc./De/), Stockholders Agreement (ITG, Inc./De/)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. 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 hereto all parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions provision of this Agreement.
Appears in 13 contracts
Sources: Transfer Agency and Service Agreement (Tap US Private Equity Fund of Funds), Transfer Agency and Service Agreement (Ultra Aerospace Opportunities Inc.), Transfer Agency and Service Agreement (Ultra AI Opportunities Inc.)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this AgreementAgreement and the other documents and agreements contemplated herein. In the event an ambiguity or question of intent or interpretation arisesarises under any provision of this Agreement or any other document or agreement contemplated herein, this Agreement and such other documents and agreements shall be construed as if drafted jointly by the parties hereto thereto, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of authoring any of the authorship of any provisions of this AgreementAgreement or any other documents or agreements contemplated herein.
Appears in 13 contracts
Sources: Series C Preferred Share Purchase Agreement (China Rapid Finance LTD), Investor Rights Agreement (China Rapid Finance LTD), Registration Rights Agreement (China Rapid Finance LTD)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the all parties hereto hereto, and no presumption or burden of or proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions provision of this Agreement.
Appears in 13 contracts
Sources: Transfer Agency and Service Agreement (India Fund, Inc.), Transfer Agency and Service Agreement (Abrdn Total Dynamic Dividend Fund), Transfer Agency and Service Agreement (Aberdeen Standard Global Infrastructure Income Fund)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this AgreementAgreement with counsel sophisticated in financing transactions. 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 by virtue of the authorship of any provisions of this Agreement.
Appears in 12 contracts
Sources: Revenue Sharing and Note Purchase Agreement (Inventergy Global, Inc.), Revenue Sharing and Note Purchase Agreement (Inventergy Global, Inc.), Revenue Sharing and Securities Purchase Agreement (Marathon Patent Group, Inc.)
No Strict Construction. The parties hereto Parties to this Agreement have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arisesarises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties hereto Parties, and no presumption or burden of proof shall arise favoring or disfavoring any party a Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 12 contracts
Sources: Operating and Maintenance Agreement (Blueknight Energy Partners, L.P.), Lessee Operated Facilities Lease Agreement (Blueknight Energy Partners, L.P.), Management Services Agreement (Aei)
No Strict Construction. The parties hereto 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 hereto 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 11 contracts
Sources: Performance Ltip Unit Award Agreement (AH Realty Trust, Inc.), Supplemental Performance Ltip Unit Award Agreement (Armada Hoffler Properties, Inc.), Time Based Ltip Unit Award Agreement (AH Realty Trust, Inc.)
No Strict Construction. The parties Parties hereto have participated jointly in the negotiation and drafting draft of this Agreement. In the event an any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if it were drafted jointly by the parties hereto Parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any party hereto by virtue of the authorship of any provisions provision of this Agreement.
Appears in 10 contracts
Sources: Stock Purchase Agreement (EKIMAS Corp), Offering Deposit Account Agency Agreement (LMP Automotive Holdings Inc.), Offering Deposit Account Agency Agreement (CNS Pharmaceuticals, Inc.)
No Strict Construction. The parties hereto 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 hereto Parties, and no presumption or burden of proof shall arise favoring or disfavoring any party of the Parties by virtue of the authorship of any of the provisions of this Agreement.
Appears in 10 contracts
Sources: Research Agreement, Sbir/STTR Research Agreement, Sbir/STTR Sponsored Research Agreement
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an any ambiguity or question of or intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the all parties hereto hereto, and no not presumption or burden of or proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions provision of this Agreement.
Appears in 10 contracts
Sources: Transfer Agency and Service Agreement, Transfer Agency and Service Agreement (Gabelli Convertible & Income Securities Fund Inc), Transfer Agency and Service Agreement (Gabelli Global Utility & Income Trust)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this AgreementAgreement with counsel sophisticated in transactions of this type. 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 by virtue of the authorship of any provisions of this Agreement.
Appears in 10 contracts
Sources: Interest Purchase Agreement (Select Medical Holdings Corp), Interest Purchase Agreement (Select Medical Holdings Corp), Interest Purchase Agreement (Select Medical Holdings Corp)
No Strict Construction. The 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 be construed as if drafted jointly by the parties hereto and no presumption or burden of proof shall arise favoring favouring or disfavoring disfavouring any party by virtue of the authorship of any provisions of this Agreement.
Appears in 10 contracts
Sources: Credit Agreement (SSR Mining Inc.), Credit Agreement (SSR Mining Inc.), Senior Secured Term Loan Credit Agreement (Algoma Steel Group Inc.)
No Strict Construction. 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 hereto 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 9 contracts
Sources: Employment Agreement (Grom Social Enterprises, Inc.), Employment Agreement (Grom Social Enterprises, Inc.), Membership Interest Purchase Agreement (Air Methods Corp)
No Strict Construction. The 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 hereto and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement.
Appears in 9 contracts
Sources: Credit Agreement (Wilsons the Leather Experts Inc), Credit Agreement (Gfsi Inc), Credit Agreement (Peets Coffee & Tea Inc)
No Strict Construction. The 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 hereto 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 of this Agreement.. * * * * *
Appears in 9 contracts
Sources: Registration Rights Agreement (Prestige Brands International, Inc.), Securities Purchase Agreement (United Shipping & Technology Inc), Registration Rights Agreement (HealthSpring, Inc.)
No Strict Construction. The parties hereto Parties have participated jointly in the negotiation and drafting of this AgreementAgreement and the Transaction Agreements. In the event an ambiguity or question of intent or interpretation arises, this Agreement and the other Transaction Agreements shall be construed as if drafted jointly by the parties hereto 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 or any other Transaction Agreement.
Appears in 8 contracts
Sources: Shareholders Agreement (VimpelCom Ltd.), Registration Rights Agreement (VimpelCom Ltd.), Shareholder Agreement (VimpelCom Ltd.)
No Strict Construction. The parties Parties hereto have participated jointly in the negotiation and drafting of this Agreement. 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 hereto all Parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any party Party by virtue of the authorship of any provisions provision of this Agreement.
Appears in 7 contracts
Sources: Stockholder Support Agreement (Solus Alternative Asset Management LP), Stockholder Support Agreement (Hornbeck Offshore Services Inc /La), Support Agreement (Jacobs Entertainment Inc)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. 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 hereto 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 of this Agreement.
Appears in 7 contracts
Sources: Registration Rights and Lock Up Agreement (Ondas Inc.), Unit Purchase Agreement (Ondas Inc.), Registration Rights Agreement (Ondas Inc.)
No Strict Construction. The parties hereto Parties have participated jointly in the negotiation and drafting of this AgreementAgreement and the other agreements contemplated hereby. 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 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 7 contracts
Sources: Share Purchase Agreement (Australian Oilseeds Holdings LTD), Share Purchase Agreement (Northann Corp.), Share Purchase Agreement (Northann Corp.)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of to 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 hereto 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 of this Agreement.
Appears in 6 contracts
Sources: Registration Agreement (Homebanc Corp), Registration Agreement (Homebanc Corp), Registration Agreement (Homebanc Corp)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this AgreementAgreement and the other Agreements. In the event an ambiguity or question of intent or interpretation arises, this Agreement and the other Agreements 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 by virtue of the authorship of any provisions of this AgreementAgreement or any of the other Agreements.
Appears in 6 contracts
Sources: Securities Purchase Agreement (United Energy Corp /Nv/), Securities Purchase Agreement (Axion International Holdings, Inc.), Securities Purchase Agreement (United Energy Corp /Nv/)
No Strict Construction. The parties hereto have participated jointly in the negotiation negotiating 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 hereto and hereto, an 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 6 contracts
Sources: Management Services Agreement (SMG Indium Resources Ltd.), Management Services Agreement (SMG Indium Resources Ltd.), Management Services Agreement (SMG Indium Resources Ltd.)
No Strict Construction. The parties hereto 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 hereto 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
Sources: Registration Agreement, Share Purchase Agreement (Gerber Childrenswear Inc), Securities Purchase Agreement (Mgic Investment Corp)
No Strict Construction. The parties hereto Parties have participated jointly in the negotiation and drafting of this Agreement. 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 hereto Parties, and no presumption or burden of proof shall arise favoring favouring or disfavoring any party disfavouring either Party by virtue of the authorship of any provisions provision of this Agreement.
Appears in 6 contracts
Sources: Arrangement Agreement, Transition and Asset Purchase Agreement (Mohegan Tribal Gaming Authority), Purchase Agreement (Star Mountain Resources, Inc.)
No Strict Construction. The 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 hereto 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 of this Agreement.. * * *
Appears in 6 contracts
Sources: Stock Purchase Agreement (Ziff Davis Intermediate Holdings Inc), Stock Purchase Agreement (Ziff Davis Intermediate Holdings Inc), Stock Purchase Agreement (Ziff Davis Media Inc)
No Strict Construction. The parties hereto Parties to this Agreement 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 hereto 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 6 contracts
Sources: Consulting Services Agreement (American Railcar Industries, Inc.), Consulting Services Agreement (American Railcar Industries, Inc.), Consulting Services Agreement (American Railcar Industries, Inc.)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an any ambiguity or question of or intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the all parties hereto hereto, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions provision of this Agreement.
Appears in 6 contracts
Sources: Transfer Agency and Service Agreement (Tortoise Energy Independence Fund, Inc.), Transfer Agency and Service Agreement (Tortoise Pipeline & Energy Fund, Inc.), Transfer Agency and Service Agreement (Tortoise MLP Fund, Inc.)
No Strict Construction. The 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 hereto 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 of this Agreement.
Appears in 6 contracts
Sources: Stock Purchase Agreement (Ziff Davis Media Inc), Stock Purchase Agreement (Iconixx Corp), Purchase Agreement (Corinthian Colleges Inc)
No Strict Construction. The 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 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 of this Agreement.
Appears in 6 contracts
Sources: Purchase and Sale Agreement (Coty Inc.), Subscription Agreement (Align Technology Inc), Subscription Agreement (Align Technology Inc)
No Strict Construction. The 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 hereto 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 of this Agreement.
Appears in 5 contracts
Sources: Rail Transportation Services Agreement (Green Plains Partners LP), Rail Transportation Services Agreement (Green Plains Partners LP), Ethanol Storage and Throughput Agreement (Green Plains Inc.)
No Strict Construction. The 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 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 of this Agreement. The section and caption headings of this Agreement are included for reference purposes only and shall not affect the construction or interpretation of any of the provisions of this Agreement.
Appears in 5 contracts
Sources: Put Right and Repurchase Option Agreement (Keypath Education International, Inc.), Restricted Unit Agreement (Keypath Education International, Inc.), Restricted Unit Agreement (Keypath Education International, Inc.)
No Strict Construction. The parties hereto Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arisesarises under any provision of this Agreement, this Agreement shall be construed as if drafted jointly by the parties hereto 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
Sources: Merger Agreement (Spectrum Brands, Inc.), Merger Agreement (United Industries Corp), Share Purchase Agreement (Spectrum Brands, Inc.)
No Strict Construction. The parties hereto 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 hereto 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 5 contracts
Sources: Put Option Agreement (Lotus Technology Inc.), Put Option Agreement (Lotus Technology Inc.), Put Option Agreement (Lotus Technology Inc.)
No Strict Construction. The 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 be construed as if 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 provisions of this Agreement.
Appears in 5 contracts
Sources: Equity Contribution Agreement, Pledge and Security Agreement (NRC Group Holdings Corp.), Credit and Guaranty Agreement (NRC Group Holdings Corp.)
No Strict Construction. 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 hereto 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 of this Agreement.
Appears in 5 contracts
Sources: Stock Purchase Agreement, Stock Purchase Agreement (LRAD Corp), Joint Venture Agreement (Frac Water Systems, Inc.)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreementletter agreement. 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 hereto 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 Agreementletter agreement.
Appears in 5 contracts
Sources: Termination Agreement (Birds Eye Foods, Inc.), Unit Purchase Agreement (Pro Fac Cooperative Inc), Unit Purchase Agreement (Agrilink Foods Inc)
No Strict Construction. The 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 hereto hereto, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement.
Appears in 5 contracts
Sources: Investment Agreement (Seacor Holdings Inc /New/), Purchase Agreement (Psi Technologies Holdings Inc), Security Agreement (Dan River Inc /Ga/)
No Strict Construction. The parties hereto Parties to this Agreement 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 hereto 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 Agreement.
Appears in 5 contracts
Sources: Consulting Services Agreement (Mastech Digital, Inc.), Support Services Agreement (Tectonic Financial, Inc.), Management Services Agreement (Tectonic Financial, Inc.)
No Strict Construction. The parties hereto Parties have participated jointly in the negotiation and drafting of this AgreementAgreement and the other Transaction Agreements. In the event an ambiguity or question of intent or interpretation arises, this Agreement and the other Transaction Agreements shall be construed as if drafted jointly by the parties hereto 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 or any other Transaction Agreement.
Appears in 4 contracts
Sources: Share Exchange Agreement (VimpelCom Ltd.), Share Exchange Agreement (VimpelCom Ltd.), Share Exchange Agreement (Telenor East Invest As)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an any ambiguity or question of intent or interpretation Interpretation arises, this Agreement shall be construed as if drafted jointly by the all parties hereto hereto, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions provision of this Agreement.
Appears in 4 contracts
Sources: Transfer Agency and Service Agreement (Guggenheim Active Allocation Fund), Transfer Agency and Service Agreement (Guggenheim Taxable Municipal Managed Duration Trust), Transfer Agency and Service Agreement (Advent Claymore Convertible Securities & Income Fund)
No Strict Construction. The 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 hereto 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. The parties hereto agree that prior drafts of this Agreement shall not be deemed to provide any evidence as to the meaning of any provision hereof or the intent of the parties hereto with respect to the terms hereof.
Appears in 4 contracts
Sources: Transaction Support Agreement (UpHealth, Inc.), Membership Interest Purchase Agreement (UpHealth, Inc.), Stock Purchase Agreement (Ubic, Inc.)
No Strict Construction. The 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 hereto hereto, and no presumption or burden of proof shall arise favoring or disfavoring any either party hereto by virtue of the authorship of any of the provisions of this Agreement.. β
Appears in 4 contracts
Sources: Employment Agreement (TE Connectivity Ltd.), Employment Agreement (TE Connectivity Ltd.), Employment Agreement (TE Connectivity Ltd.)
No Strict Construction. The 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 hereto 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 of this Agreement.
Appears in 4 contracts
Sources: Stock Purchase Agreement (Proactive Finance Group LLC), Asset Purchase Agreement (Iconixx Corp), Recapitalization Agreement (Iconixx Corp)
No Strict Construction. The parties hereto have jointly 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 hereto 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 of this Agreement.
Appears in 3 contracts
Sources: Employment Agreement (Faro Technologies Inc), Consulting Agreement (Faro Technologies Inc), Employment Agreement (Faro Technologies Inc)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Participation Agreement. In the event an any ambiguity or question of intent or interpretation arises, this Participation 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 by virtue of the authorship of any provisions of this Participation Agreement.
Appears in 3 contracts
Sources: Participation Agreement (H&r Block Inc), HSBC Refund Anticipation Loan and Ima Participation Agreement (H&r Block Inc), Participation Agreement (H&r Block Inc)
No Strict Construction. The parties Parties hereto have participated jointly in the negotiation and drafting draft of this Agreement. In the event an any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if it were drafted jointly by the parties hereto 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 provisions provision of this Agreement.
Appears in 3 contracts
Sources: Escrow Services Agreement (Aecom), Master Escrow Agreement (Fantex, Inc.), Master Escrow Agreement (Fantex, Inc.)
No Strict Construction. The parties Parties hereto have participated jointly in the negotiation and drafting of this AgreementAgreement and the other agreements and documents contemplated herein. In the event an ambiguity or question of intent or interpretation arisesarises under any provision of this Agreement or any other agreement or documents contemplated herein, this Agreement and such other agreements or documents shall be construed as if drafted jointly by the parties hereto thereto, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of authoring any of the authorship of any provisions of this AgreementAgreement or any other agreements or documents contemplated herein.
Appears in 3 contracts
Sources: Merger Agreement (Columbia Care Inc.), Merger Agreement (Columbia Care Inc.), Merger Agreement (Columbia Care Inc.)
No Strict Construction. The 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 hereto 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 of this Agreement.. * * * *
Appears in 3 contracts
Sources: Series B Convertible Preferred Stock Purchase Agreement (Corechange Inc), Stockholders Agreement (United Industries Corp), Stockholders Agreement (Kc Holding Corp)
No Strict Construction. 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 arisesarises under any provision of this Agreement, this Agreement shall be construed as if drafted jointly by the parties hereto Parties thereto, and no presumption or burden of proof shall arise favoring or disfavoring any party Party by virtue of authoring any of the authorship of any provisions of this Agreement.
Appears in 3 contracts
Sources: Share Purchase Agreement (Syneron Medical Ltd.), Share Purchase Agreement (Syneron Medical Ltd.), Share Purchase Agreement (Syneron Medical Ltd.)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this AgreementAgreement and the other Transaction Documents. In the event an ambiguity or question of intent or interpretation arisesarises under any provision of this Agreement or any other Transaction Document, this Agreement and such other Transaction Documents shall be construed as if drafted jointly by the parties hereto thereto, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of authoring any of the authorship of any provisions of this AgreementAgreement or any other Transaction Document contemplated herein.
Appears in 3 contracts
Sources: Merger Agreement (Bitcoin Depot Inc.), Merger Agreement (Mikitani Hiroshi), Merger Agreement (Invesat LLC)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the all parties hereto hereto, and no not presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions provision of this Agreement.
Appears in 3 contracts
Sources: Subscription Agent Agreement, Subscription Agent Agreement (Keating Capital Inc), Subscription Agent Agreement (Pilgrims Pride Corp)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this AgreementAgreement and the other Documents with counsel sophisticated in financing transactions. In the event an ambiguity or question of intent or interpretation arises, this Agreement and the other Documents 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 by virtue of the authorship of any provisions of this AgreementAgreement and the other Documents.
Appears in 3 contracts
Sources: Note Repurchase, Exchange and Termination Agreement (Ibasis Inc), Securities Exchange Agreement (Ibasis Inc), Securities Exchange Agreement (Ibasis Inc)
No Strict Construction. The parties hereto 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 hereto 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
Sources: Right of First Refusal Agreement (Ocean Imagination L.P.), Right of First Refusal Agreement (Ctrip Com International LTD), Right of First Refusal Agreement (Keystone Lodging Holdings LTD)
No Strict Construction. The 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 hereto and no presumption or burden of or proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement.
Appears in 3 contracts
Sources: Limited Liability Company Pledge Agreement (American Classic Voyages Co), Limited Liability Company Pledge Agreement (American Classic Voyages Co), Limited Liability Company Pledge Agreement (American Classic Voyages Co)
No Strict Construction. The parties hereto 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 hereto hereto, and no presumption or burden of proof shall arise favoring or disfavoring any party of the parties hereto by virtue of the authorship of any of the provisions of this Agreement.
Appears in 3 contracts
Sources: Research Agreement, Research Agreement, Research Agreement
No Strict Construction. The parties (directly and through their counsel) 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 will be construed as if 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 provisions of this Agreement.
Appears in 3 contracts
Sources: Debt Subordination and Intercreditor Agreement (Capital Growth Systems Inc /Fl/), Debt Subordination and Intercreditor Agreement (Capital Growth Systems Inc /Fl/), Debt Subordination and Intercreditor Agreement (Capital Growth Systems Inc /Fl/)
No Strict Construction. The 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 hereto 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. No draft of this Agreement shall be considered in construing the meaning hereof.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Mgic Investment Corp), Securities Repurchase Agreement (Mgic Investment Corp), Securities Purchase Agreement (Radian Group Inc)
No Strict Construction. The parties hereto to this Agreement 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 hereto 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
Sources: Aircraft Management Services Agreement (Flyexclusive Inc.), Employment Agreement (Global Signal Inc), Executive Employment Agreement (Global Signal Inc)
No Strict Construction. The parties hereto Parties 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 be construed as if drafted jointly by the parties hereto 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
Sources: Membership Interest Purchase Agreement (Grom Social Enterprises, Inc.), Stock Exchange Agreement (Wetouch Technology Inc.), Merger Agreement (Red Cat Holdings, Inc.)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this AgreementAgreement and the other Transaction Documents. In the event an ambiguity or question of intent or interpretation arisesarises under any provision of this Agreement or any Transaction Document, this Agreement or such other Transaction Document shall be construed as if drafted jointly by the parties hereto thereto, 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 AgreementAgreement or any other Transaction Document.
Appears in 3 contracts
Sources: Shareholder Agreement (LDK Solar Co., Ltd.), Securities Purchase Agreement (Neoprobe Corp), Convertible Note Purchase Agreement (Neoprobe Corp)
No Strict Construction. The 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 hereto and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement. [The remainder of this page is intentionally left blank.]
Appears in 3 contracts
Sources: Secured Super Priority Debtor in Possession Credit Agreement (Delta Air Lines Inc /De/), Secured Debtor in Possession Credit Agreement (Delta Air Lines Inc /De/), Credit Agreement (Delta Air Lines Inc /De/)
No Strict Construction. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. Each of the parties hereto represents to the other party hereto that it has discussed this Agreement with its counsel. 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 by virtue of the authorship of any provisions of this Agreement.
Appears in 3 contracts
Sources: Merger Agreement (Bel Fuse Inc /Nj), Merger Agreement (C&d Technologies Inc), Merger Agreement (Collegiate Funding Services Inc)
No Strict Construction. The parties hereto to this Agreement 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 hereto to this Agreement, 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
Sources: Limited Liability Company Agreement (Sealy Corp), Limited Liability Company Agreement (Avalon Cable Holdings Finance Inc), Limited Liability Company Agreement (Muzak Finance Corp)
No Strict Construction. The 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 hereto 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 of this Agreement.
Appears in 3 contracts
Sources: Stock Transfer Agreement (Omnicom Group Inc), Stock Transfer Agreement (Omnicom Group Inc), Stock Transfer Agreement (Omnicom Group Inc)
No Strict Construction. The 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 hereto and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement. The headings in this Agreement are for convenience of reference only, are not part of this Agreement and do not affect its interpretation.
Appears in 3 contracts
Sources: Loan and Security Agreement (Poniard Pharmaceuticals, Inc.), Loan and Security Agreement (Poniard Pharmaceuticals, Inc.), Loan and Security Agreement (Inspire Pharmaceuticals Inc)
No Strict Construction. 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 provisions of this Agreement.
Appears in 3 contracts
Sources: BTC Security Agreement, BTC Security Agreement, Business Combination Agreement
No Strict Construction. The 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 hereto 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 of this Agreement.
Appears in 3 contracts
Sources: Exchange Agreement (P Com Inc), Exchange Agreement (P Com Inc), Exchange Agreement (P Com Inc)
No Strict Construction. The 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 hereto 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 of this Agreement.. [Signatures follow on the next page]
Appears in 3 contracts
Sources: Convertible Preferred Stock Securities Purchase Agreement (China New Energy Group CO), Series B Convertible Preferred Stock Securities Purchase Agreement (China New Energy Group CO), Convertible Preferred Stock Securities Purchase Agreement (China New Energy Group CO)
No Strict Construction. The parties hereto have Parties 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 hereto Parties and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions provision of this Agreement.
Appears in 3 contracts
Sources: Asset Purchase Agreement, Asset Purchase Agreement (Summit Global Logistics, Inc.), Asset Purchase Agreement (International Fight League, Inc.)
No Strict Construction. The parties hereto Parties have participated jointly in the negotiation and drafting of this AgreementAgreement and each other Transaction Document. In the event an ambiguity or question of intent or interpretation arises, this Agreement and each other Transaction Document shall be construed as if drafted jointly by the parties hereto 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 AgreementAgreement or any other Transaction Document.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Distributed Energy Systems Corp), Note Purchase Agreement (Satcon Technology Corp), Securities Purchase Agreement (Perseus Partners Vii L P)
No Strict Construction. The 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 hereto and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement.. * * * *
Appears in 2 contracts
Sources: Credit Agreement (Code Alarm Inc), Credit Agreement (Code Alarm Inc)
No Strict Construction. The parties hereto have been represented by counsel in connection with this Agreement. The parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arisesarises under any provision of this Agreement, this Agreement shall be construed as if drafted jointly by the parties hereto thereto, 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 2 contracts
Sources: Shareholder Agreements (Realpage Inc), Shareholder Agreements (Realpage Inc)