Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company and the Holder and shall not be construed against any person as the drafter hereof.
Appears in 35 contracts
Samples: Agreement and Plan of Merger (Canfield Medical Supply, Inc.), Security Agreement (Grow Solutions Holdings, Inc.), Asset Purchase Agreement (Grow Solutions Holdings, Inc.)
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company and the Holder all Holders and shall not be construed against any person as the drafter hereof.
Appears in 31 contracts
Samples: Simlatus Corp, Simlatus Corp, Simlatus Corp
Specific Shall Not Limit General; Construction. No specific provision contained in this Note Warrant shall limit or modify any more general provision contained herein. This Note Warrant shall be deemed to be jointly drafted by the Company and all initial purchasers of the Holder Warrant and shall not be construed against any person as the drafter hereof.
Appears in 28 contracts
Samples: Securities Purchase Agreement (China Internet Cafe Holdings Group, Inc.), One Horizon Group, Inc., One Horizon Group, Inc.
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company and all purchasers of Notes pursuant to the Holder Facility Agreement and shall not be construed against any person Person as the drafter hereof.
Appears in 10 contracts
Samples: Facility Agreement (Neos Therapeutics, Inc.), Facility Agreement, Facility Agreement (Mannkind Corp)
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company Borrower and the Holder and shall not be construed against any person as the drafter hereof.
Appears in 6 contracts
Samples: Security Agreement (Drone USA Inc.), Subscription Agreement (Akers Biosciences Inc), Consent and Agreement (Pharmagen, Inc.)
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company Xxxxxxxx and the Holder Xxxxxx and shall not be construed against any person as the drafter hereof.
Appears in 5 contracts
Samples: Voting Agreement (Elsztain Eduardo S), Note and Loan Agreement (Condor Hospitality Trust, Inc.), Voting Agreement (Condor Hospitality Trust, Inc.)
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company and the Holder and shall not be construed against any person Person as the drafter hereof.
Appears in 4 contracts
Samples: Aytu Bioscience, Inc, Neos Therapeutics, Inc., Neos Therapeutics, Inc.
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company and all purchasers of Notes pursuant to the Holder Note Purchase Agreement and shall not be construed against any person Person as the drafter hereof.
Appears in 3 contracts
Samples: Subordination Agreement (Ocular Therapeutix, Inc), Subordination Agreement (Ocular Therapeutix, Inc), Note Purchase Agreement (Aerie Pharmaceuticals Inc)
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company and all Holders pursuant to the Holder Securities Purchase Agreement and shall not be construed against any person Person as the drafter hereof.
Appears in 2 contracts
Samples: Confidential Treatment Requested (Cinedigm Digital Cinema Corp.), And Restatement Agreement (Cinedigm Digital Cinema Corp.)
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company and the Holder all Holders and shall not be construed against any person as the drafter hereof.,
Appears in 2 contracts
Samples: assets-global.website-files.com, Dynamic Response Group, Inc.
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company and the Holder Buyers pursuant to the Securities Purchase Agreement and shall not be construed against any person as the drafter hereof.
Appears in 2 contracts
Samples: Security Agreement (Cumulus Investors LLC), Security Agreement (Cumulus Investors LLC)
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company Borrower and all Lenders pursuant to the Holder Facility Agreement and shall not be construed against any person Person as the drafter hereof.
Appears in 2 contracts
Samples: Facility Agreement (Endologix Inc /De/), Registration Rights Agreement (Endologix Inc /De/)
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company and the Holder all holders and shall not be construed against any person as the drafter hereof.
Appears in 1 contract
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company and all purchasers of Notes pursuant to the Holder Facility Agreement and shall not be construed against any person Person as the drafter hereof.
Appears in 1 contract
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company and the Holder all Purchasers and shall not be construed against any person as the drafter hereof.
Appears in 1 contract
Samples: Securities Purchase Agreement (MRV Communications Inc)
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company Issuer and the Holder and shall not be construed against any person as the drafter hereof.
Appears in 1 contract
Samples: Vivakor, Inc.
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein, unless stated otherwise in this Agreement. This Note shall be deemed to be jointly drafted by the Company and all purchasers of Notes pursuant to the Holder Facility Agreement and shall not be construed against any person Person as the drafter hereof.
Appears in 1 contract
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company Borrower and the Holder Lender and shall not be construed against any person as the drafter hereof.
Appears in 1 contract
Samples: Duos Technologies Group, Inc.
Specific Shall Not Limit General; Construction. No specific provision contained in this Convertible Note shall limit or modify any more general provision contained herein. This Convertible Note shall be deemed to be jointly drafted by the Company and the Holder and shall not be construed against any person as the drafter hereof.
Appears in 1 contract
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company and all Persons acquiring Notes pursuant to the Holder Facility Agreement and shall not be construed against any person Person as the drafter hereof.
Appears in 1 contract
Samples: Facility Agreement (Melinta Therapeutics, Inc. /New/)
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company and all Purchasers of Notes pursuant to the Holder Securities Purchase Agreement and shall not be construed against any person Person as the drafter hereof.
Appears in 1 contract
Samples: Securities Purchase Agreement (Access Integrated Technologies Inc)
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company and all Holders of Notes pursuant to the Holder Securities Purchase Agreement and shall not be construed against any person Person as the drafter hereof.
Appears in 1 contract
Samples: Securities Purchase Agreement (Access Integrated Technologies Inc)
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company Borrower and the Holder Lender and shall not be construed against any person as the drafter hereof.
Appears in 1 contract
