Common use of Preparation of this Agreement Clause in Contracts

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.

Appears in 7 contracts

Samples: Asset Purchase Agreement (Xo Communications Inc), Asset Purchase Agreement (National Steel Corp), Asset Purchase Agreement (National Steel Corp)

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Preparation of this Agreement. Buyer Each of the parties hereby acknowledges and Sellers hereby acknowledge agrees that (ia) Buyer Purchaser and Sellers jointly and equally participated in the drafting of this Agreement and all other agreements contemplated hereby, (iib) Buyer both Purchaser and Sellers have been adequately represented and advised by legal counsel with respect to this Agreement and the transactions contemplated hereby, hereby and (iiic) 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.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Proxim Corp), Asset Purchase Agreement (Proxim Corp), Asset Purchase Agreement (Ydi Wireless Inc)

Preparation of this Agreement. Buyer Buyer, Parent and the Sellers hereby acknowledge that (i) Buyer Buyer, Parent and the Sellers jointly and equally participated in the drafting of this Agreement and all other agreements contemplated hereby, (ii) Buyer Buyer, Parent and the 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.

Appears in 2 contracts

Samples: Acquisition Agreement (MF Global Ltd.), Acquisition Agreement (Refco Inc.)

Preparation of this Agreement. Buyer and Sellers The parties hereby acknowledge that (ia) Buyer Purchasers and Sellers the Company, on the one hand, and Seller, on the other hand, jointly and equally participated in the drafting of this Agreement and all other agreements contemplated herebyAgreement, (iib) Buyer Purchasers and Sellers the Company, on the one hand, and Seller, on the other hand, have been adequately represented and advised by legal counsel with respect to this Agreement and the transactions contemplated hereby, and (iiic) no presumption shall will be made that any provision of this Agreement shall will be construed against either any party by reason of such role in the drafting of this Agreement and any other agreement contemplated hereby.

Appears in 2 contracts

Samples: Share Purchase Agreement (KAMAN Corp), Transition Services Agreement (KAMAN Corp)

Preparation of this Agreement. Buyer and Sellers Seller hereby acknowledge that (ia) Buyer and Sellers Seller jointly and equally participated in the drafting of this Agreement and all other agreements contemplated hereby, ; (iib) Buyer and Sellers Seller have been adequately represented and advised by legal counsel with respect to this Agreement and the transactions contemplated hereby, ; and (iiic) 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.

Appears in 2 contracts

Samples: Asset Purchase Agreement, Asset Purchase 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.

Appears in 1 contract

Samples: Asset Purchase Agreement (Rhythms Net Connections Inc)

Preparation of this Agreement. Buyer and Sellers hereby acknowledge and agree 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.

Appears in 1 contract

Samples: Asset Purchase Agreement (Footstar Inc)

Preparation of this Agreement. Buyer and Sellers Seller hereby acknowledge that (i) Buyer and Sellers Seller jointly and equally participated in the drafting of this Agreement and all other agreements contemplated hereby, (ii) Buyer and Sellers Seller 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.

Appears in 1 contract

Samples: Stock Purchase Agreement (Baltia Air Lines Inc)

Preparation of this Agreement. Buyer and Sellers Seller hereby acknowledge and agree that (i) Buyer and Sellers Seller jointly and equally participated in the drafting of this Agreement and all other agreements contemplated hereby, (ii) both Buyer and Sellers Seller 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.

Appears in 1 contract

Samples: Agreement (Best Products Co Inc)

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 -42- 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.

Appears in 1 contract

Samples: Asset Purchase Agreement (Designs Inc)

Preparation of this Agreement. Buyer and the Sellers hereby acknowledge that (ia) Buyer and the Sellers jointly and equally participated in the drafting of this Agreement and all other agreements contemplated hereby, (iib) Buyer and the Sellers have been adequately represented and advised by legal counsel with respect to this Agreement and the transactions contemplated herebyTransactions, and (iiic) no presumption shall be made that any provision of this Agreement shall be construed against either party Party by reason of such role in the drafting of this Agreement and any other agreement contemplated hereby.

Appears in 1 contract

Samples: Asset Purchase Agreement (Near Intelligence, Inc.)

Preparation of this Agreement. Buyer and Sellers hereby acknowledge that (ia) Buyer and Sellers jointly and equally participated in the drafting of this Agreement and all other agreements contemplated hereby, (iib) both Buyer and Sellers have been adequately represented and advised by legal counsel with respect to this Agreement and the transactions contemplated hereby, and (iiic) 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.

Appears in 1 contract

Samples: Asset Purchase Agreement (Ediets Com Inc)

Preparation of this Agreement. Buyer and Sellers Seller hereby acknowledge that (ia) Buyer and Sellers Seller jointly and equally participated in the drafting of this Agreement and all other agreements contemplated hereby, (iib) both Buyer and Sellers Seller have been adequately represented and advised by legal counsel with respect to this Agreement and the transactions contemplated hereby, and (iiic) no presumption shall be made that any provision of this Agreement shall be construed against either party Party by reason of such role in the drafting of this Agreement and any other agreement contemplated hereby.

Appears in 1 contract

Samples: Asset Purchase Agreement (ARBINET Corp)

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Preparation of this Agreement. Buyer Each of Buyer, Seller and Sellers the Signing Members hereby acknowledge that (i) Buyer and Sellers Seller jointly and equally participated in the drafting of this Agreement and all other agreements contemplated hereby, (ii) both Buyer and Sellers Seller 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.

Appears in 1 contract

Samples: Asset Purchase Agreement (Endurance International Group Holdings, Inc.)

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.and

Appears in 1 contract

Samples: Asset Purchase Agreement (Central Freight Lines Inc/Tx)

Preparation of this Agreement. Buyer Purchaser and Sellers Seller hereby acknowledge that (i) Buyer Purchaser and Sellers jointly and equally participated in the drafting of this Agreement and all other agreements contemplated hereby, (ii) Buyer and Sellers Seller have been adequately represented and advised by legal counsel with respect to this Agreement and the transactions contemplated hereby, and (iiiii) 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.. ** ** ** ** **

Appears in 1 contract

Samples: Asset Purchase Agreement (GAIN Capital Holdings, Inc.)

Preparation of this Agreement. Buyer Each of the Parties hereby acknowledges and Sellers hereby acknowledge agrees that (ia) Buyer Purchaser and Sellers Seller jointly and equally participated in the drafting of this Agreement and all other agreements contemplated hereby, (iib) Buyer both Purchaser and Sellers Seller have been adequately represented and advised by legal counsel with respect to this Agreement and the transactions contemplated hereby, Transaction and (iiic) no presumption shall be made that any provision of this Agreement shall be construed against either party Party by reason of such role in the drafting of this Agreement and any other agreement contemplated hereby.

Appears in 1 contract

Samples: Asset Purchase Agreement (Spansion Inc.)

Preparation of this Agreement. Buyer Each of the parties hereby acknowledges and Sellers hereby acknowledge agrees that (ia) Buyer Purchaser and Sellers Seller jointly and equally participated in the drafting of this Agreement and all other agreements contemplated hereby, (iib) Buyer both Purchaser and Sellers Seller have been adequately represented and advised by legal counsel with respect to this Agreement and the transactions contemplated hereby, hereby and (iiic) 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.

Appears in 1 contract

Samples: Asset Purchase Agreement (Adaptive Broadband Corp)

Preparation of this Agreement. Buyer and Sellers The Parties hereby acknowledge that (ia) Buyer and Sellers Seller jointly and equally participated in the drafting of this Agreement and all other agreements contemplated herebyAgreement, (iib) Buyer and Sellers Seller have been adequately represented and advised by legal counsel with respect to this Agreement and the transactions contemplated hereby, and (iiic) 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.

Appears in 1 contract

Samples: Stock Purchase Agreement (Kaman Corp)

Preparation of this Agreement. Buyer and Sellers Seller hereby acknowledge that (i) Buyer and Sellers Seller jointly and equally participated in the drafting of this Agreement and all other agreements contemplated hereby, (ii) both Buyer and Sellers Seller 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.

Appears in 1 contract

Samples: Asset Purchase Agreement (Interland Inc /Mn/)

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