Construction of Agreement. This Agreement has been negotiated by the respective parties hereto and their attorneys and the language hereof will not be construed for or against either party. A reference to a Section or an exhibit will mean a Section in, or exhibit to, this Agreement unless otherwise explicitly set forth. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of this Agreement which will be considered as a whole.
Appears in 32 contracts
Samples: Agreement and Plan of Merger (Neuro-Hitech Pharmaceuticals Inc), Agreement and Plan of Reorganization (Gric Communications Inc), Agreement and Plan of Merger (Globe Specialty Metals Inc)
Construction of Agreement. This Agreement has been negotiated by ------------------------- the respective parties hereto and their attorneys and the language hereof will not be construed for or against either party. A reference to a Section or an exhibit will mean a Section in, or exhibit to, this Agreement unless otherwise explicitly set forth. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of this Agreement which will be considered as a whole.
Appears in 11 contracts
Samples: Agreement and Plan of Reorganization (Lamy Robert), Exchange Agreement (Verisign Inc/Ca), Agreement and Plan of Reorganization (Seagate Software Inc)
Construction of Agreement. This Agreement has been negotiated by the respective parties hereto and their attorneys and the language hereof will not be construed for or against either party. A reference to a Section or an exhibit Exhibit will mean a Section in, or exhibit Exhibit to, this Agreement unless otherwise explicitly set forth. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of this Agreement which will be considered as a whole.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Homestore Com Inc), Stock Purchase Agreement (Netguru Inc), Nonsolicitation Agreement (Softkey International Inc)
Construction of Agreement. This Agreement has been negotiated by the respective parties hereto and their attorneys and the language hereof will not be construed for or against either party. A Unless otherwise explicitly set forth, a reference to a Section or an exhibit Exhibit will mean a Section in, or exhibit Exhibit to, this Agreement unless otherwise explicitly set forthAgreement, all of which Exhibits are incorporated herein by this reference. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of this Agreement Agreement, which will be considered as a whole.
Appears in 5 contracts
Samples: Security Agreement (Caldera International Inc/Ut), Security Agreement (Caldera International Inc/Ut), Security Agreement (Caldera International Inc/Ut)
Construction of Agreement. This Agreement has been negotiated by the respective parties hereto and their attorneys and the language hereof will not be construed for or against either party. A reference to a Section or an exhibit will mean a Section in, or exhibit to, this Agreement unless otherwise explicitly set forth. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of this Agreement Agreement, which will be considered as a whole.
Appears in 5 contracts
Samples: Agreement and Plan of Reorganization (Worldtalk Communications Corp), Shareholders' Agreement (Worldtalk Communications Corp), Shareholders' Agreement (Worldtalk Communications Corp)
Construction of Agreement. This Agreement has been negotiated by the ------------------------- respective parties hereto and their attorneys and the language hereof will not be construed for or against either party. A reference to a Section or an exhibit will mean a Section in, or exhibit to, this Agreement unless otherwise explicitly set forth. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of this Agreement which will be considered as a whole.
Appears in 4 contracts
Samples: Agreement and Plan of Reorganization (Interwoven Inc), Agreement and Plan of Reorganization (Asymetrix Learning Systems Inc), Agreement and Plan of Reorganization (Asymetrix Learning Systems Inc)
Construction of Agreement. This Agreement has been negotiated by the respective parties hereto and their attorneys and the language hereof will not be construed for or against either party. A reference to a Section or an exhibit Exhibit will mean a Section inof, or exhibit Exhibit to, this Agreement unless otherwise explicitly set forth. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of this Agreement which will be considered as a whole.
Appears in 4 contracts
Samples: Agreement and Plan of Reorganization (SSP Solutions Inc), Agreement and Plan of Reorganization (Shah Kris & Geraldine Family Trust), Agreement and Plan of Reorganization (SSP Solutions Inc)
Construction of Agreement. This Agreement has been negotiated by the respective parties hereto and their attorneys and the language hereof will not be construed for or against either any party. A reference to a Section or an exhibit will mean a Section in, or exhibit to, this Agreement unless otherwise explicitly set forth. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of this Agreement which will be considered as a whole.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Symbol Technologies Inc), Registration Rights Agreement (Intuit Inc), Combination Agreement (Amdocs LTD)
Construction of Agreement. This Agreement has been negotiated by the respective parties hereto and their its attorneys and the language hereof will not be construed for or against either party. A reference to a Section or an exhibit will mean a Section in, or exhibit to, this Agreement unless otherwise explicitly set forth. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of this Agreement which will be considered as a whole.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Caldera Systems Inc), Agreement and Plan of Reorganization (Santa Cruz Operation Inc), Agreement and Plan of Reorganization (Santa Cruz Operation Inc)
Construction of Agreement. This The Agreement has been negotiated by the respective parties hereto and their attorneys and the language hereof will not be construed for or against either party. A reference to a Section or an exhibit Exhibit will mean a Section in, or exhibit Exhibit to, this Agreement unless otherwise explicitly set forth. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of this Agreement which will be considered as a wholeforth herein.
Appears in 3 contracts
Samples: Share Exchange Agreement (Strasbaugh), Share Exchange Agreement (Accessity Corp), Share Exchange Agreement (Pacific Ethanol, Inc.)
Construction of Agreement. This Agreement has been negotiated by the respective parties hereto and their attorneys and the language hereof will not be construed for or against either any party. A reference to a Section or an exhibit Exhibit will mean a Section in, or exhibit Exhibit to, this Agreement unless otherwise explicitly set forth. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of this Agreement which will be considered as a whole.
Appears in 3 contracts
Samples: Loan Purchase Agreement and Transfer (Davel Communications Inc), Loan Purchase Agreement and Transfer and Assignment of Shares (Mobilepro Corp), Agreement (Davel Communications Inc)
Construction of Agreement. This Agreement has been negotiated ------------------------- by the respective parties hereto and their its attorneys and the language hereof will not be construed for or against either party. A reference to a Section or an exhibit will mean a Section in, or exhibit to, this Agreement unless otherwise explicitly set forth. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of this Agreement which will be considered as a whole.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Tarantella Inc), Agreement and Plan of Reorganization (Tarantella Inc)
Construction of Agreement. This Agreement has been negotiated by the respective parties hereto and their attorneys and the language hereof will not be construed for or against either party. A reference to a Section or an exhibit will mean a Section in, or exhibit to, this Agreement unless otherwise explicitly set forth. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of this Agreement which will be considered as a whole.. 14.11
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Seagate Software Inc), Agreement and Plan of Reorganization (Seagate Software Inc)
Construction of Agreement. This Agreement has been negotiated by the respective parties hereto each party and their its attorneys and the language hereof will not be construed for or against either party. A reference to a Section section or an exhibit will mean a Section section in, or exhibit to, this Agreement unless otherwise explicitly set forth. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of this Agreement Agreement, which will be considered as a whole.
Appears in 2 contracts
Samples: Combination Agreement (Electronic Retailing Systems International Inc), Combination Agreement (Electronic Retailing Systems International Inc)
Construction of Agreement. This Agreement has been negotiated by the respective parties hereto and their attorneys attorneys, and the language hereof will not be construed for or against either party. A reference to an Article, a Section or an exhibit will mean an Article or a Section in, or exhibit to, this Agreement unless otherwise explicitly set forth. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of this Agreement Agreement, which will be considered as a whole.
Appears in 2 contracts
Samples: Registration Rights Agreement (Integrated Device Technology Inc), Agreement and Plan of Reorganization (Integrated Device Technology Inc)
Construction of Agreement. This Agreement has been ------------------------- negotiated by the respective parties hereto and their attorneys and the language hereof will not be construed for or against either party. A reference to a Section or an exhibit will mean a Section in, or exhibit to, this Agreement unless otherwise explicitly set forth. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of this Agreement which will be considered as a whole.
Appears in 2 contracts
Samples: Asset Sale Agreement (DCH Technology Inc), Asset Purchase Agreement (Atpos Com Inc)
Construction of Agreement. This Agreement has been negotiated by the The respective parties have negotiated this Agreement hereto and their attorneys and the language hereof will not be construed for or against either party. A reference to a Section or an exhibit will mean a Section in, or exhibit to, this Agreement unless otherwise explicitly set forth. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of this Agreement which will be considered as a whole.
Appears in 2 contracts
Samples: Exchange Agreement (International Microcomputer Software Inc /Ca/), Stock Purchase Agreement (Future Carz Inc)
Construction of Agreement. This Agreement has been negotiated by the respective parties hereto and their attorneys and the language hereof will not be construed for or against either party. A reference in this Agreement to an Article, a Section or an exhibit will mean an Article, a Section in, or exhibit to, this Agreement unless otherwise explicitly set forth. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of this Agreement which will be considered as a whole.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Glu Mobile Inc), Exchange Agreement (Intuit Inc)
Construction of Agreement. This Agreement has been negotiated by the respective parties hereto and their attorneys and the language hereof will not be construed for or against either party. A reference to a Section or an exhibit Exhibit will mean a Section in, or exhibit to, this Agreement unless otherwise explicitly set forth. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of this Agreement which will be considered as a whole.
Appears in 1 contract
Samples: Share Purchase Agreement (Asymetrix Learning Systems Inc)
Construction of Agreement. This Agreement has been negotiated by the respective parties hereto and their attorneys attorneys, and the language hereof will not be construed for or against either party. A reference to a Section or an exhibit will mean a Section in, or exhibit to, this Agreement unless otherwise explicitly set forth. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of this Agreement Agreement, which will be considered as a whole.
Appears in 1 contract
Construction of Agreement. This Agreement has been negotiated by the respective parties Parties hereto and their attorneys and the language hereof will not be construed for or against either partyParty. A reference to a Section or an exhibit Exhibit will mean a Section in, or exhibit Exhibit to, this Agreement unless otherwise explicitly set forth. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of this Agreement which will be considered as a whole.
Appears in 1 contract
Samples: Pledge and Security Agreement (Tenet Information Services Inc)
Construction of Agreement. This Agreement has been negotiated by the respective parties hereto and their attorneys and the language hereof will shall not be construed for or against either any party. A reference to a Section or an exhibit will Exhibit shall mean a Section in, or exhibit Exhibit to, this Agreement unless otherwise explicitly set forthprovided herein. The titles and headings herein are for reference purposes only and will shall not in any manner limit the construction of this Agreement Agreement, which will shall be considered as a whole.
Appears in 1 contract
Construction of Agreement. This Agreement has been negotiated by the respective parties hereto and their attorneys and the language hereof will not be construed for or against either party. A reference to a Section or an exhibit will mean a Section in, or exhibit to, this Agreement unless otherwise explicitly set forth. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of this Agreement which will be considered as a whole.. 11.11
Appears in 1 contract
Samples: A 1 Agreement and Plan of Reorganization (Veritas Software Corp)
Construction of Agreement. This Agreement has been negotiated by the ------------------------- respective parties hereto and their attorneys and the language hereof will not be construed for or against either party. A Unless otherwise explicitly set forth, a reference to a Section or an exhibit Exhibit will mean a Section in, or exhibit Exhibit to, this Agreement unless otherwise explicitly set forthAgreement, all of which Exhibits are incorporated herein by this reference. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of this Agreement Agreement, which will be considered as a whole.
Appears in 1 contract
Samples: Security Agreement (Tarantella Inc)
Construction of Agreement. This Agreement has been negotiated ------------------------- by the respective parties hereto and their attorneys and the language hereof will not be construed for or against either party. A reference to a Section or an exhibit will mean a Section in, or exhibit to, this Agreement unless otherwise explicitly set forth. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of this Agreement which will be considered as a whole.
Appears in 1 contract
Samples: Asset Transfer Agreement (Tsi International Software LTD)
Construction of Agreement. This Agreement has been negotiated ------------------------- by the respective parties hereto and their attorneys and the language hereof will not be construed for or against either any party. A reference to a Section or an exhibit will mean a Section in, or exhibit to, this Agreement unless otherwise explicitly set forth. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of this Agreement which will be considered as a whole.
Appears in 1 contract
Construction of Agreement. This Agreement has been negotiated by the respective parties hereto and their attorneys and the language hereof will not be construed for or against either party. A reference to a Section or an exhibit will mean a Section in, or exhibit to, this Agreement unless otherwise explicitly set forth. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of this Agreement which will be considered as a whole.for
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (SoftNet Technology Corp.)
Construction of Agreement. This Agreement has been negotiated by the respective parties hereto and their attorneys and the language hereof will not be construed for or against either party. A reference to a Section or an exhibit Exhibit will mean a s Section in, or exhibit Exhibit to, this Agreement unless otherwise explicitly set forthprovided herein. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of this Agreement Agreement, which will xxxx be considered as a whole.
Appears in 1 contract
Construction of Agreement. This Agreement has been negotiated by the respective parties hereto and their attorneys and the language hereof will not be construed for or against either party. A reference to a Section section or an exhibit will mean a Section section in, or exhibit to, this Agreement unless otherwise explicitly set forth. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of this Agreement which will be considered as a whole.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Sonic Solutions/Ca/)
Construction of Agreement. This Agreement has been negotiated by the respective parties Parties hereto and their attorneys and the language hereof will not be construed for or against either partyParty. A reference to a Section or an exhibit Exhibit will mean a Section in, or exhibit Exhibit to, this Agreement unless otherwise explicitly set forth. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of this Agreement which will be considered as a whole.
Appears in 1 contract
Construction of Agreement. This Agreement has been negotiated by the respective parties hereto and their attorneys and the language hereof will shall not be construed for or against either party. A reference to a Section or an exhibit will shall mean a Section in, or exhibit to, this Agreement unless otherwise explicitly set forth. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of this Agreement which will be considered as a whole.,
Appears in 1 contract
Construction of Agreement. This Agreement has been negotiated ------------------------- by the respective parties hereto and their attorneys and the language hereof of this Agreement and the related ancillary documents will not be construed for or against either party. A reference to a Section section or an exhibit will mean a Section section in, or exhibit to, this Agreement unless otherwise explicitly set forth. The titles and headings herein of this Agreement are for reference purposes only and will not in any manner limit the construction of this Agreement which will be considered as a whole.
Appears in 1 contract
Construction of Agreement. This Agreement has been negotiated by the respective parties hereto and their attorneys and the language hereof will shall not be construed for or against either party. A reference to a Section or an exhibit will shall mean a Section in, or exhibit to, this Agreement unless otherwise explicitly set forth. The titles and headings herein are for reference purposes only and will shall not in any manner limit the construction of this Agreement which will shall be considered as a whole.
Appears in 1 contract
Construction of Agreement. This Agreement has been negotiated by the respective parties hereto and their attorneys and the language hereof will not be construed for or against either party. A reference in this Agreement to a Section or an exhibit Exhibit will mean a Section in, or exhibit to, this Agreement unless otherwise explicitly set forth. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of this Agreement which will be considered as a whole.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Versant Corp)
Construction of Agreement. This Agreement has been negotiated by the respective parties hereto and their attorneys attorneys, and the language hereof will not be construed for or against either party. A reference to a Section section or an exhibit will mean a Section in, section or exhibit to, to this Agreement unless otherwise explicitly set forth. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of this Agreement which will be considered as a whole.
Appears in 1 contract
Construction of Agreement. This Agreement has been negotiated by the respective parties hereto and their attorneys and the language hereof will not be construed for or against either party. A reference to a Section or an exhibit or attachment will mean a Section in, or exhibit or attachment to, this Agreement unless otherwise explicitly set forth. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of this Agreement Agreement, which will be considered as a whole.
Appears in 1 contract
Construction of Agreement. This Agreement has been negotiated by the respective parties hereto and their attorneys and the language hereof will not be construed for or against either partyparty solely by reason that such party is the claimed drafter thereof. A reference to a Section or an exhibit will mean a Section in, or exhibit to, this Agreement unless otherwise explicitly set forth. The titles and headings herein are for reference purposes only and will not in any manner limit the construction of this Agreement which that will be considered as a whole. The term “includes” or “including” are not limiting.
Appears in 1 contract
Construction of Agreement. This Agreement has been negotiated by the respective parties hereto and their attorneys and the language hereof will not be construed for or against either party. A reference to a Section or an exhibit will mean a Section in, or exhibit to, this Agreement unless otherwise explicitly set forth. The titles and headings herein are for 42 reference purposes only and will not in any manner limit the construction of this Agreement which will be considered as a whole.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Cross Media Marketing Corp)
Construction of Agreement. This Agreement has been negotiated by the respective parties hereto and their attorneys and the language hereof will shall not be construed for or against either any party. A reference to a Section or an exhibit will Exhibit shall mean a Section in, or exhibit Exhibit to, this Agreement unless otherwise explicitly set forthprovided herein. The titles and headings herein are for reference purposes only and will shall not in any manner limit the construction of this Agreement Agreement, which will shall be considered as a whole.. 5.6
Appears in 1 contract
Samples: Sale and Purchase Agreement
