Preparation of this Agreement. Buyer and Sellers hereby acknowledge that (i) Buyer and Sellers jointly and equally participated in the drafting of this Agreement and all other agreements contemplated hereby, (ii) Buyer and Sellers have been adequately represented and advised by legal counsel with respect to this Agreement and the transactions contemplated hereby, and (iii) no presumption shall be made that any provision of this Agreement shall be construed against either party by reason of such role in the drafting of this Agreement and any other agreement contemplated hereby.
Preparation of this Agreement. The terms and provisions of this Agreement were arrived at after arm’s length negotiations, and therefore, for the purposes of interpreting this Agreement, each Party shall be deemed to have participated and cooperated equally in the drafting and preparation of this Agreement. This Agreement shall not be interpreted against any Party in favor of any other Party due to its drafting.
Preparation of this Agreement. The Parties hereby acknowledge that (i) Licensor, on the one hand, and Licensee, on the other hand, jointly and equally participated in the drafting of this Agreement, (ii) Licensor, on the one hand, and Licensee, on the other hand, have been adequately represented and advised by legal counsel with respect to this Agreement and the transactions contemplated hereby, and (iii) no presumption will be made that any provision of this Agreement will be construed against any Party by reason of such role in the drafting of this Agreement and any other agreement contemplated hereby.
Preparation of this Agreement. This Agreement has been prepared by Gxxxxxxxx Txxxxxx LLP (“GT”) solely as counsel to the Company. GT is not acting as legal counsel nor providing any legal representation to HCFP or Lxxxxx in connection with this Agreement and the Company has advised HCFP and Lxxxxx to seek independent legal advice in connection with the preparation and negotiation of this Agreement.
Preparation of this Agreement. In the event of any dispute regarding this Agreement, no presumption or burden of proof shall be imposed on any Party by reason of the preparation of this Agreement by its counsel.
Preparation of this Agreement. Buyer and Sellers hereby acknowledge that (i) Buyer and Sellers jointly and equally participated in the drafting of this Agreement and all other agreements contemplated hereby, (ii) both Buyer and Sellers have been adequately represented and advised by legal counsel with respect to this Agreement and the transactions contemplated hereby, and
Preparation of this Agreement. Exhibit A Form of Assignment and Assumption Agreement Exhibit B Deposit Escrow Agreement Exhibit C Form of Headquarters Lease Exhibit D Form of Trademark License Agreement Exhibit E Form of Bill of Sale Exhibit F Bankruxxxx Court Approval ASSET PURCHASE AGREEMENT This ASSET PURCHASE AGREEMENT is dated as of April 21, 2003 (the "Agreement Date") by and among National Steel Corporation, a Delaware corporation (the "Company"), the Subsidiaries of the Company set forth on the signature pages hereto and in Schedule 1 (collectively with the Company, the "Sellers" and each a "Seller") and United States Steel Corporation, a Delaware corporation (together with any designated Subsidiaries, "Buyer").
Preparation of this Agreement. This Agreement shall not be construed against the Party preparing it but shall be construed as if both Parties prepared it.
Preparation of this Agreement. Purchaser and Service Provider participated jointly in the negotiation and drafting of this Agreement, and if an ambiguity or question of intent or interpretation arises, this Agreement is to be construed as jointly drafted by Purchaser and Service Provider, and no presumption or burden of proof and no rule of strict construction construing ambiguities against the draftsperson is to be applied against any party with respect to this Agreement.
Preparation of this Agreement. Buyer and Sellers hereby acknowledge that (i) Buyer and Sellers jointly and equally participated in the drafting of this Agreement and all other agreements contemplated hereby, (ii) both Buyer and Sellers have been adequately represented and advised by legal counsel with respect to this Agreement and the transactions contemplated hereby, and (iii) no presumption shall be made that any provision of this Agreement shall be construed against either party by reason of such role in the drafting of this Agreement and any other agreement contemplated hereby. * * * * * * * * * * * * * * * Signature Page Follows * * * * * * * * * * * * * * * Signature Page to Amended and Restated Asset Purchase Agreement by and among Central Refrigerated Service, Inc., Simon Transportation Services Inc., Dick Simon Truckinx, Xxx., and Simon Terminal, LLC