Construction. The 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 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 166 contracts
Samples: Purchase and Sale Agreement (Coherus BioSciences, Inc.), Agreement and Plan of Merger (Resonate Blends, Inc.), Asset Purchase Agreement (Cemtrex Inc)
Construction. The Parties 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 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 80 contracts
Samples: Stock Purchase Agreement (James River Group Holdings, Ltd.), Stock Purchase Agreement, Exclusivity and Expense Reimbursement Agreement
Construction. The Parties parties 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 parties and in accordance with its fair meaning. There shall be 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 61 contracts
Samples: Services Agreement, Professional Services Agreement, Professional Services Agreement
Construction. The Parties have Each of the parties has participated jointly in the drafting and negotiation and drafting of this Agreement. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall must be construed as if it is drafted jointly by all the Parties 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 61 contracts
Samples: Subscription Agreement (Kong Jianping), Subscription Agreement (Sun Qifeng), Subscription Agreement (Legend Biotech Corp)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In , and, 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 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 39 contracts
Samples: Securities Purchase Agreement (Smart for Life, Inc.), Securities Purchase Agreement (Smart for Life, Inc.), Securities Purchase Agreement (Smart for Life, Inc.)
Construction. The 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 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 31 contracts
Samples: Stock Purchase Agreement (Akerna Corp.), Agreement and Plan of Merger (Fortune Rise Acquisition Corp), Contribution Agreement (REV Renewables, Inc.)
Construction. The 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 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. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise.
Appears in 28 contracts
Samples: Asset Acquisition Agreement (Tactical Services Inc), Employment Agreement (BGS Acquisition Subsidiary, Inc.), Compensation Sharing Agreement (Digital Caddies, Inc.)
Construction. The 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 and no presumption or burden of proof shall arise favoring or disfavoring any either Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 27 contracts
Samples: Shared Services Agreement (Phillips 66 Partners Lp), Conveyance and Assumption Agreement, Master Services Agreement
Construction. The Parties parties have participated jointly in the negotiation negotiations and drafting of this Agreement. In Agreement and in the event an of any ambiguity or question of intent or interpretation arisesinterpretation, this Agreement shall be construed as if drafted jointly by the 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 26 contracts
Samples: Agreement and Plan of Merger (Zynerba Pharmeceuticals, Inc.), Agreement and Plan of Merger (Zynerba Pharmeceuticals, Inc.), Agreement and Plan of Merger (Acorda Therapeutics Inc)
Construction. The Each of the Parties have has participated jointly in the drafting and negotiation and drafting of this Agreement. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall must be construed as if it is drafted jointly by all the Parties 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 25 contracts
Samples: Agreement and Plan of Merger (W R Grace & Co), Merger Support Agreement, Agreement and Plan of Merger (El Paso Electric Co /Tx/)
Construction. The 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 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 25 contracts
Samples: Master Separation Agreement (Covisint Corp), Tax Sharing Agreement (Covisint Corp), Registration Rights Agreement (Covisint Corp)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event that an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties 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 25 contracts
Samples: Voting Agreement (Baker Francis E), Registration Rights Agreement (Andersen Group Inc), Registration Rights Agreement (Renova Media Enterprises Ltd.)
Construction. The 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 will be construed as if drafted jointly by the Parties 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 24 contracts
Samples: Securities Exchange Agreement (Inspired Builders, Inc.), Agreement and Plan of Merger (Mobilepro Corp), Agreement and Plan of Merger (Ariel Way Inc)
Construction. The Parties parties hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an that any 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 hereto by virtue of the authorship of any of the provisions of this Agreement.
Appears in 19 contracts
Samples: Asset Purchase Agreement (Apple South Inc), Asset Purchase Agreement (Avado Brands Inc), Asset Purchase Agreement (Apple South Inc)
Construction. The 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 and no presumption or burden of proof shall arise favoring or disfavoring any a Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 17 contracts
Samples: Services and Secondment Agreement (Holly Energy Partners Lp), Operational Services Agreement (Phillips 66 Partners Lp), Operational Services Agreement (Phillips 66 Partners Lp)
Construction. The Parties 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 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 17 contracts
Samples: Consulting Agreement (Leisure Acquisition Corp.), Consulting Agreement (Leisure Acquisition Corp.), Consulting Agreement (Leisure Acquisition Corp.)
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 hereto by virtue of the authorship of any of the provisions of this Agreement.
Appears in 15 contracts
Samples: Stock Purchase Agreement (Telvent Git S A), Registration Rights Agreement (Mail Com Inc), Registration Rights Agreement (Mail Com Inc)
Construction. The Parties 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 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. Any reference to any federal, state, local or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise.
Appears in 15 contracts
Samples: Shareholders Agreement, Agreement and Plan of Merger (ZAIS Financial Corp.), Asset Purchase Agreement (Silver Falcon Mining, Inc.)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event that an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties 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 15 contracts
Samples: Professional Services Agreement, Stock Exchange Agreement, Professional Services Agreement
Construction. The Parties parties have participated jointly in the drafting of this Agreement, and each party was represented by counsel 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 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 15 contracts
Samples: Transition Services Agreement (Signature Office Reit Inc), Asset Purchase and Sale Agreement (American Realty Capital Properties, Inc.), Transition Services Agreement (Wells Core Office Income Reit Inc)
Construction. (a) The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In , and, in the event of an ambiguity or a question of intent or a need for interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties 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 14 contracts
Samples: Asset Purchase Agreement (Caseys General Stores Inc), Stock Purchase Agreement (Automotive Finance Corp), Asset Purchase Agreement (Caseys General Stores Inc)
Construction. The Parties parties hereto have 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 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 provision of this Agreement.
Appears in 13 contracts
Samples: Membership Interest Purchase Agreement (Telos Corp), Employment Agreement (Neiman Marcus Group LTD LLC), Employment Agreement (Neiman Marcus Group LTD LLC)
Construction. The Each of the Parties have has participated jointly in the drafting and negotiation and drafting of this Agreement. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall must be construed as if it is drafted jointly by all the 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
Samples: Supplemental Agreement (Ho Chi Sing), Registration Rights Agreement (Ho Chi Sing), Registration Rights Agreement (Ho Chi Sing)
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 hereto by virtue of the authorship of any of the provisions of this Agreement.
Appears in 11 contracts
Samples: Employment Agreement (Cathay General Bancorp), Employment Agreement (Cathay General Bancorp), Voting Agreement (Ally Financial Inc.)
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 of the provisions of this Agreement.
Appears in 11 contracts
Samples: Securityholders Agreement (Hornbeck Offshore Services Inc /La), Employment Agreement (Orchestra BioMed Holdings, Inc.), Employment Agreement (Orchestra BioMed Holdings, Inc.)
Construction. (a) The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In Agreement and the Related Agreements, and, in the event of an ambiguity or a question of intent or a need for interpretation arises, this Agreement and the Related Agreements shall be construed as if drafted jointly by the Parties 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 of the Related Agreements.
Appears in 10 contracts
Samples: Unit Purchase Agreement (Dorman Products, Inc.), Contribution Agreement (Greenlane Holdings, Inc.), Contribution Agreement (Greenlane Holdings, Inc.)
Construction. The Parties 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 the Agreement shall be construed as if drafted jointly by the Parties 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 10 contracts
Samples: Sensor Technology License Agreement (Vivakor, Inc.), Intellectual Property License Agreement (Vivakor, Inc.), Intellectual Property License Agreement (Vivakor, Inc.)
Construction. The Parties agree and acknowledge that they have jointly 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 and no presumption presumptions or burden burdens of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any federal, state, local, or foreign statute or Law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise.
Appears in 10 contracts
Samples: Membership Interest Purchase Agreement (RumbleON, Inc.), Lease Agreement (RumbleON, Inc.), Stock Purchase Agreement (Fresh Del Monte Produce Inc)
Construction. The Parties 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 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. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise.
Appears in 10 contracts
Samples: Contribution Agreement (Monopar Therapeutics), Contribution Agreement (Monopar Therapeutics), Contribution Agreement (Monopar Therapeutics)
Construction. The Parties 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 parties and no presumption or of 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 10 contracts
Samples: Stock Purchase Agreement (Enernoc Inc), Agreement and Plan of Merger (Enernoc Inc), Stock Purchase Agreement (Enernoc Inc)
Construction. The Parties have participated jointly in This Agreement has been freely and fairly negotiated among the negotiation and drafting of this AgreementParties. 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 and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue because of the authorship of any of the provisions provision of this Agreement.
Appears in 9 contracts
Samples: Contribution Agreement (Mammoth Energy Services, Inc.), Contribution Agreement (Mammoth Energy Services, Inc.), Contribution Agreement (Mammoth Energy Services, Inc.)
Construction. The Parties 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 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 provision of this Agreement.
Appears in 9 contracts
Samples: Amendment and Consent Agreement (Telecommunication Systems Inc /Fa/), Agreement and Plan of Merger (Laureate Education, Inc.), Stock Purchase Agreement (Sylvan Learning Systems Inc)
Construction. The Parties agree and acknowledge that they have jointly 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 and no presumption presumptions or burden burdens 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
Samples: Purchase Agreement (Lowell Farms Inc.), Asset Purchase Agreement (Lowell Farms Inc.), Intellectual Property Sale and Purchase Agreement (Luckwel Pharmaceuticals Inc.)
Construction. The Parties have participated jointly in the negotiation negotiations and drafting of this Agreement. In Agreement and in the event an of any ambiguity or question of intent or interpretation arisesinterpretation, this Agreement shall be construed as if drafted jointly by the 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 9 contracts
Samples: Asset Purchase Agreement (On Track Innovations LTD), Asset Purchase Agreement (SuperCom LTD), Settlement and Release Agreement (Perma Fix Environmental Services Inc)
Construction. The Parties 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 will be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue party because of the authorship of any of the provisions provision of this Agreement.
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Vertical Health Solutions Inc), Stock Purchase Agreement (Red Carpet Entertainment Inc), Agreement and Plan of Merger (Robcor Properties Inc)
Construction. The Parties have Each Party has participated jointly in the drafting and negotiation and drafting of this Agreement. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall must be construed as if it is drafted jointly by all the Parties 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 8 contracts
Samples: Agreement and Plan of Merger (Mikros Systems Corp), Stock Purchase Agreement (Tivity Health, Inc.), Agreement and Plan of Merger (TransDigm Group INC)
Construction. The Parties have participated jointly in This Agreement has been freely and fairly negotiated among the negotiation and drafting of this Agreementparties. 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 parties and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue party because of the authorship of any of the provisions provision of this Agreement.
Appears in 8 contracts
Samples: Lock Up and Leak Out Agreement (VDA GROUP S.p.A.), Shareholders Agreement (Wu Bruno Zheng), Shareholders Agreement (Ideanomics, Inc.)
Construction. The 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 will be construed as if drafted jointly by the 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 provision of this Agreement.
Appears in 8 contracts
Samples: Share Purchase Agreement (Spectrum Global Solutions, Inc.), Share Purchase Agreement (Spectrum Global Solutions, Inc.), Agreement and Plan of Merger (Motif Bio PLC)
Construction. The Parties parties have participated jointly jointly, with counsel of their own choosing, 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 parties and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue party because of the authorship of any of the provisions provision of this Agreement.
Appears in 8 contracts
Samples: Executive Employment Agreement (Histogen Inc.), Executive Employment Agreement (Histogen Inc.), Executive Employment Agreement (Histogen Inc.)
Construction. The 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 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 8 contracts
Samples: Asset Purchase Agreement (Centerpoint Energy Resources Corp), Asset Purchase Agreement (Alkami Technology, Inc.), Purchase and Sale Agreement (Crestwood Equity Partners LP)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event that an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties 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.; and
Appears in 8 contracts
Samples: Stock Subscription Agreement, Stock Subscription Agreement (Andersen Group Inc), Stock Subscription Agreement (Moscow Telecommunications Corp)
Construction. The Parties have each 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, 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
Samples: Stock Purchase Agreement (Token Communities Ltd.), Limited Liability Company Interest Purchase Agreement, Limited Liability Company (808 Renewable Energy Corp)
Construction. The Parties have Each of the parties has participated jointly in the drafting and negotiation and drafting of this Agreement. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall must be construed as if it is drafted jointly by all the Parties 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
Samples: Agreement and Plan of Merger (Fitlife Brands, Inc.), Agreement and Plan of Merger (iSatori, Inc.), Agreement and Plan of Merger (Hawaiian Electric Co Inc)
Construction. The Parties Each of the parties hereto have 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 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 provision of this Agreement.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Questar Corp), Agreement and Plan of Merger (Dominion Resources Inc /Va/), Agreement and Plan of Merger (Duke Energy CORP)
Construction. The Parties 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 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.. The following rules of construction shall apply to this Agreement:
Appears in 7 contracts
Samples: Asset Purchase Agreement (Eclips Media Technologies, Inc.), Asset Purchase Agreement (Argo Digital Solutions Inc), Asset Purchase Agreement (rVue Holdings, Inc.)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Voting Agreement. In , and, in the event an ambiguity or question of intent or interpretation arises, this Voting Agreement shall will be construed as if drafted jointly by the Parties 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 Voting Agreement.
Appears in 7 contracts
Samples: Voting Agreement (Jefferies Financial Group Inc.), Voting Agreement (Homefed Corp), Voting Agreement (Jefferies Group Inc /De/)
Construction. The Parties parties have participated jointly mutually 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 mutually by the Parties 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
Samples: License and Commercialization Agreement (Alr Technologies Inc), License and Commercialization Agreement (Alr Technologies Inc), License Agreement (Ephone Telecom Inc)
Construction. The 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 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
Appears in 7 contracts
Samples: Securities Purchase Agreement (Rackable Systems, Inc.), Securities Purchase Agreement (Rackable Systems, Inc.), Securities Purchase Agreement (Rackable Systems, Inc.)
Construction. The Parties have participated jointly in the negotiation and drafting preparation 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 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
Samples: Collaboration Agreement (Pdi Inc), Stock Purchase Agreement (Pdi Inc), Credit Agreement (SWK Holdings Corp)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or If a question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the Parties and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue a party because of the authorship of any of the provisions provision of this Agreement.
Appears in 7 contracts
Samples: License Agreement (Ribapharm Inc), Development and License Agreement (Metabasis Therapeutics Inc), Development and License Agreement (Valeant Pharmaceuticals International)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In , and, 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 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 6 contracts
Samples: Agreement and Plan of Merger (Carolina Financial Corp), Agreement and Plan of Merger (United Bankshares Inc/Wv), Agreement and Plan of Merger (Carolina Financial Corp)
Construction. The Parties to this Agreement have participated jointly in the negotiation and drafting of this AgreementAgreement and have had competent counsel of their own choosing. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the 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
Samples: Agreement and Plan of Reorganization (Micro General Corp), Stock Purchase Agreement (American National Financial Inc), Agreement and Plan of Reorganization (Fidelity National Financial Inc /De/)
Construction. The Parties parties have participated jointly in the ------------ negotiation and drafting of this Agreement. In the event that an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties 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
Samples: Voting Agreement (Columbus Nova Investments VIII LTD), Voting Agreement (Columbus Nova Investments VIII LTD), Registration Rights Agreement (Columbus Nova Investments VIII LTD)
Construction. The Parties 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 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 provision of this Agreement.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Ameron International Corp), Asset Purchase Agreement (Human Genome Sciences Inc), Asset Purchase Agreement (Integral Systems Inc /Md/)
Construction. The Parties parties have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event that an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties 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 provision of this Agreement.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Willbros Group, Inc.\NEW\), Agreement and Plan of Merger (Primoris Services Corp), Merger Agreement (Gold Party Payday Inc)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In Agreement and in the event an of any ambiguity or question of intent or interpretation arisesinterpretation, this Agreement shall be construed as if drafted jointly by the 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
Samples: Asset Purchase Agreement, Share Purchase Agreement (Quanterix Corp), Asset Purchase Agreement (Ballard Power Systems Inc.)
Construction. The Parties 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 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
Samples: Redemption Agreement (Intersections Inc), Membership Interest Purchase Agreement (Compass Group Diversified Holdings LLC), Asset Purchase Agreement (Proelite, Inc.)
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 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
Samples: Employment Agreement (Bion Environmental Technologies Inc), Exchange Agreement, Agreement and Plan of Merger (Docucon Inc)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event that an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any either Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 6 contracts
Samples: Intellectual Property License Agreement (Spansion Inc.), Product Sort Services Agreement (Spansion Inc.), Intellectual Property Assignment Agreement (Spansion Inc.)
Construction. (a) The Parties 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 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 provision of this Agreement. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
Appears in 6 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement, Agreement (Artesian Resources Corp)
Construction. The Parties parties hereto have jointly participated jointly in the negotiation and drafting of this Agreement. In the event of an ambiguity or in the event a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties hereto, and no presumption presumptions or burden burdens 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 6 contracts
Samples: Securities Purchase Agreement (Spectrum Pharmaceuticals Inc), Securities Purchase Agreement (Warburg Pincus Private Equity X, L.P.), Securities Purchase Agreement (Flynn James E)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In , and, 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 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
Samples: Stock Purchase Agreement (1847 Holdings LLC), Agreement and Plan of Merger (Teekay Tankers Ltd.), Stock Purchase Agreement (Baltic Trading LTD)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this AgreementAgreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. 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 parties and in accordance with its fair meaning. There shall be 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
Samples: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement
Construction. The 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 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
Samples: License and Enforcement Agreement, Patent License Agreement, Wafer Purchase and Sale Agreement (SunEdison Semiconductor Pte. Ltd.)
Construction. The 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 and no presumption or burden of proof shall arise favoring or disfavoring any either Party by virtue of the authorship of at any of the provisions of this Agreement.
Appears in 6 contracts
Samples: Mutual Nondisclosure Agreement, Mutual Nondisclosure Agreement (Jay Merger Sub, Inc.), Mutual Nondisclosure Agreement
Construction. The Parties parties have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event that an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if jointly drafted jointly by the Parties 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 provision of this Agreement.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Liberty Latin America Ltd.), Securities Purchase Agreement (Verizon Communications Inc), Securities Purchase Agreement (Frontier Communications Corp)
Construction. The 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 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.. Any reference to any federal, state,
Appears in 5 contracts
Samples: Registration Rights Agreement (Little Wing Partners L P), Registration Rights Agreement (Little Wing Partners L P), Stock Purchase Agreement (Little Wing Partners L P)
Construction. (a) The Parties parties acknowledge that they have participated jointly in the negotiation and drafting of the terms 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 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
Samples: Asset Purchase Agreement (Stoneridge Inc), Stock Purchase Agreement (Littelfuse Inc /De), Stock Purchase Agreement (Homeland Security Capital CORP)
Construction. The Parties have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event that an ambiguity or a question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the Parties 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 provision of this Agreement.
Appears in 5 contracts
Samples: Voting and Support Agreement (Desktop Metal, Inc.), Voting and Support Agreement (Desktop Metal, Inc.), Voting and Support Agreement (ExOne Co)
Construction. The 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 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.of
Appears in 5 contracts
Samples: Agreement and Plan of Merger (NTR PLC), Agreement and Plan of Merger (American Spectrum Realty Inc), Stock Purchase Agreement (Bowater Inc)
Construction. The Parties (a) It is hereby understood that the parties have participated jointly in the negotiation negotiated and drafting of drafted this Agreement. In the event of an ambiguity or question of intent or interpretation arisesarise, this Agreement shall will be construed as if it were jointly drafted jointly by the Parties and no all parties. No presumption or burden of proof shall will arise favoring or disfavoring any Party hereto by virtue of the authorship of any of the provisions of this Agreement.
Appears in 5 contracts
Samples: Brokerage Agreement, Brokerage Agreement, Brokerage Agreement
Construction. The 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 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
Samples: Unit Purchase Agreement (PetIQ, Inc.), Unit Purchase Agreement (Echo Global Logistics, Inc.), Assignment of Rights and Title Agreement (Tranquility Inc)
Construction. (a) The Parties have participated jointly in the negotiation and drafting of this Agreement. In , and, in the event of an ambiguity or a question of intent or a need for interpretation arises, this Agreement shall be construed as if drafted jointly by the 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 5 contracts
Samples: Asset Purchase Agreement, Electric Vehicle Sharing Concession Agreement, Asset Purchase Agreement
Construction. The Parties parties have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event If an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties 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 provision of this Agreement.
Appears in 5 contracts
Samples: Exchange Agreement (CompoSecure, Inc.), Exchange Agreement (Healthcare Royalty, Inc.), Joinder Agreement (Roman DBDR Tech Acquisition Corp.)
Construction. The Parties have participated jointly in the negotiation and drafting of this the Agreement. In the event an ambiguity or question of intent or interpretation arises, this the Agreement shall be construed as if drafted jointly by the 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 the Agreement.
Appears in 4 contracts
Samples: Agreement (Allied Esports Entertainment, Inc.), Agreement (Allied Esports Entertainment, Inc.), Program Production and Televising Agreement (Allied Esports Entertainment, Inc.)
Construction. The Parties 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 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 4 contracts
Samples: Trademark License Agreement (TRW Automotive Inc), Trademark License Agreement (TRW Automotive Inc), Intellectual Property License Agreement (TRW Automotive Inc)
Construction. The Parties 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 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 4 contracts
Samples: Registration Rights Agreement (Cardiodynamics International Corp), Registration Rights Agreement (Cardiodynamics International Corp), Registration Rights Agreement (Cardiodynamics International Corp)
Construction. The 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 will be construed as if drafted jointly by the Parties and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue because of the authorship of any of the provisions provision of this Agreement.. The word "
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Proactive Finance Group LLC), Agreement and Plan of Merger (DTM Corp /Tx/), Agreement and Plan of Merger (3 D Systems Corp)
Construction. The Parties have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event an ambiguity If any ambiguity, question of intent, or question of intent or interpretation arisesarises with respect to this Agreement, then this Agreement shall will be construed as if drafted jointly by the Parties 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. As used in this Agreement, the word “including” means “including, without limitation.”
Appears in 4 contracts
Samples: Registration Rights Agreement (PACS Group, Inc.), Registration Rights Agreement (PACS Group, Inc.), Investors’ Rights Agreement (Inari Medical, Inc.)
Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an If any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties 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 4 contracts
Samples: Interlocal Cooperation Agreement, Interlocal Cooperation Agreement, Interlocal Cooperation Agreement
Construction. The Parties 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 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 4 contracts
Samples: Purchase Agreement (Chicago Bridge & Iron Co N V), Exclusive License Agreement (Virexx Medical Corp), Exclusive License Agreement (United Therapeutics Corp)
Construction. The Parties parties hereto have participated jointly in the negotiation and drafting of this Agreement. In , and, 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 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 4 contracts
Samples: Agreement and Plan of Merger (1847 Holdings LLC), Securities Purchase Agreement (1847 Holdings LLC), Employment Agreement (1847 Goedeker Inc.)
Construction. The Parties parties hereto have jointly participated jointly in the negotiation negotiations 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 parties hereto and no rule of construction, presumption or burden of proof shall arise favoring one party or disfavoring any Party another concerning the interpretation of ambiguous provisions or otherwise by virtue of the one party’s presumed authorship of this Agreement or any of the provisions of this Agreementprovision hereof.
Appears in 4 contracts
Samples: License Agreement (Laredo Oil, Inc.), Management Services Agreement (Laredo Oil, Inc.), Stockholders Agreement (Laredo Oil, Inc.)
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 of the provisions of this Agreement.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Nephros Inc), Agreement and Plan of Merger (Allstate Corp), Interest Purchase Agreement (Global Eagle Entertainment Inc.)
Construction. The Parties 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 both 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 4 contracts
Samples: Executive Employment Agreement (Wisa Technologies, Inc.), Executive Employment Agreement (Wisa Technologies, Inc.), Executive Employment Agreement (Wisa Technologies, Inc.)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event that an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties 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.. 50
Appears in 4 contracts
Samples: Convertible Preferred Stock Subscription Agreement (Moscow Cablecom Corp), Convertible Preferred Stock Subscription Agreement (Moscow Cablecom Corp), Convertible Preferred Stock Subscription Agreement (Grace Oliver R Jr)
Construction. The Parties Each of the parties hereto have 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 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 provision of this Agreement.
Appears in 4 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger, Agreement and Plan of Merger (Avista Corp)
Construction. The 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 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
Samples: Stock Purchase Agreement (Tarsier Ltd.), Purchase Agreement (Artec Global Media, Inc.), Asset Purchase Agreement (CVSL Inc.)
Construction. The Parties 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 parties and no presumption or of burden of proof shall arise favoring or disfavoring any Party either party by virtue of the authorship of any of the provisions of this Agreement.. The word “
Appears in 4 contracts
Samples: Stock Purchase Agreement, Stock Purchase Agreement (Standex International Corp/De/), Stock Purchase Agreement (Standex International Corp/De/)
Construction. The Parties parties have jointly 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 parties and no presumption presumptions or burden burdens 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 4 contracts
Samples: Purchase Agreement (Franklin Covey Co), Agreement of Sale (Merit Medical Systems Inc), Purchase Agreement (School Specialty Inc)
Construction. The Parties parties have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event that an ambiguity or a question of intent or interpretation arises, the parties agree that this Agreement shall be construed as if drafted jointly by the Parties 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 provision of this Agreement.
Appears in 4 contracts
Samples: Investment Agreement (RLJ Entertainment, Inc.), Stock Purchase Agreement (Madison Square Garden Co), Stock Purchase Agreement (GE Capital US Holdings, Inc.)
Construction. The 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 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. The Parties intend that each representation, warranty and covenant contained herein will have independent significance.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Wright Medical Group Inc), Asset Purchase Agreement (Iparty Corp), Asset Purchase Agreement (Iparty Corp)
Construction. The 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 will be construed as if drafted jointly by the Parties and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue because of the authorship of any of the provisions provision of this Agreement.
Appears in 4 contracts
Samples: Investment Agreement (Blueknight Energy Holding, Inc.), Investment Agreement (CB-Blueknight, LLC), Global Transaction Agreement (Blueknight Energy Partners, L.P.)
Construction. The Parties 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 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 4 contracts
Samples: Proxy Contest Settlement Agreement (LONGKLOOF LTD), Proxy Contest Settlement Agreement (New Frontier Media Inc), Purchase Agreement (Asv Inc /Mn/)
Construction. The 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 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
Samples: Shareholders’ Agreement (Scailex CORP Ltd.), Agreement (Smart Video Technologies Inc), Development and Commercialization Agreement (Molichem Medicines Inc)
Construction. The 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 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.. Nothing in this Agreement shall operate to:
Appears in 3 contracts
Samples: Supernus Pharmaceuticals, Inc., Exclusive License Agreement (Supernus Pharmaceuticals Inc), Exclusive License Agreement (Supernus Pharmaceuticals Inc)
Construction. The Parties parties have participated jointly in the negotiation and drafting of this AgreementAGREEMENT. In the event that an ambiguity or question of intent or interpretation arises, this Agreement AGREEMENT shall be construed as if drafted jointly by the Parties 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.
Appears in 3 contracts
Samples: License, Manufacturing and Supply Agreement (Eyetech Pharmaceuticals Inc), License, Manufacturing and Supply Agreement (Eyetech Pharmaceuticals Inc), License, Manufacturing and Supply Agreement (Osi Pharmaceuticals Inc)
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 3 contracts
Samples: Equity Purchase Agreement (BrightSphere Investment Group Inc.), Equity Purchase Agreement (BrightSphere Investment Group Inc.), Equity Purchase Agreement (BrightSphere Investment Group Inc.)
Construction. The Parties have participated jointly in the negotiation and drafting of this AgreementAgreement and the Transaction Documents. In the event an ambiguity or question of intent or interpretation arises, this Agreement and the Transaction Documents shall be construed as if drafted jointly by the Parties 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 AgreementAgreement or any Transaction Document.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Helix Technologies, Inc.), Stock Purchase Agreement (Lin Television Corp), Stock Purchase Agreement (LIN Media LLC)
Construction. The Parties have participated jointly in the negotiation negotiating and drafting of this Agreement, which each party acknowledges is the result of extensive negotiations between the parties. In the event that an ambiguity or a question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the Parties 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 provision of this Agreement.
Appears in 3 contracts
Samples: Support Agreement (Tenzing Global Management, LLC), Support Agreement (Care.com Inc), Support Agreement (Iac/Interactivecorp)
