Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.
Appears in 278 contracts
Samples: Share Exchange Agreement (United Express Inc.), Registration Rights Agreement (Thorne Healthtech, Inc.), Registration Rights Agreement (Thorne Healthtech, Inc.)
Construction. (a) The language used in this Agreement will shall be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will shall be applied against any partyParty.
Appears in 242 contracts
Samples: Form of Share Exchange Agreement (Neonc Technologies Holdings, Inc.), Agreement and Plan of Merger and Reorganization (Serve Robotics Inc. /DE/), Asset Purchase Agreement
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule rules of strict construction will be applied against any party.
Appears in 160 contracts
Samples: Letter Agreement (Ludwig Enterprises, Inc.), Securities Purchase Agreement (Conversion Labs, Inc.), Securities Purchase Agreement (Conversion Labs, Inc.)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will shall be applied against any party.
Appears in 100 contracts
Samples: Executive Employment Agreement (Zeo Energy Corp.), Executive Employment Agreement (Graphjet Technology), Executive Employment Agreement (Graphjet Technology)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule rules of strict construction will be applied against any party. No specific representation or warranty shall limit the generality or applicability of a more general representation or warranty.
Appears in 73 contracts
Samples: Exchange Agreement (RetinalGenix Technologies Inc.), Exchange Agreement (Galaxy Next Generation, Inc.), Exchange Agreement (Galaxy Next Generation, Inc.)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule rules of strict construction will be applied against any partyParty.
Appears in 67 contracts
Samples: Call Option Agreement (Kingold Jewelry, Inc.), Call Option Agreement (China Electronics Holdings, Inc.), Option Agreement (China Education International, Inc.)
Construction. The language used in this Agreement will be deemed to be is the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any either party.
Appears in 49 contracts
Samples: Services and Supply Agreement, Services and Supply Agreement, Strategic Partnership & Supply Agreement
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party. The headings of sections of this Agreement are for convenience of reference only and shall not affect its meaning or construction.
Appears in 43 contracts
Samples: Employment Agreement (Ashford Inc.), Employment Agreement (Ashford Inc.), Employment Agreement (Ashford Inc.)
Construction. (a) The language used in this Agreement will shall be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will shall be applied against any partyeither Party.
Appears in 35 contracts
Samples: Asset Purchase Agreement (Erasca, Inc.), Asset Purchase Agreement (Erasca, Inc.), Asset Purchase Agreement (Apellis Pharmaceuticals, Inc.)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will shall be applied against any party. The headings of sections of this Agreement are for convenience of reference only and shall not affect its meaning or construction.
Appears in 33 contracts
Samples: Employment Agreement (Store Capital LLC), Employment Agreement (Store Capital LLC), Employment Agreement (Store Capital LLC)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, intent and no rule rules of strict construction will be applied against any either party.
Appears in 25 contracts
Samples: Executive Employment Agreement (Indoor Harvest Corp), Executive Employment Agreement (Indoor Harvest Corp), Executive Employment Agreement (Indoor Harvest Corp)
Construction. The language used in this Agreement will be deemed to be is the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.
Appears in 24 contracts
Samples: Investors’ Rights Agreement (Neuronetics, Inc.), Unit Purchase Agreement (Live Current Media Inc.), Unit Purchase Agreement (Live Current Media Inc.)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, intent and no rule rules of strict construction will be applied against any party.
Appears in 23 contracts
Samples: Registration Rights Agreement (Northern Dynasty Minerals LTD), Registration Rights Agreement (Jaguar Health, Inc.), Registration Rights Agreement (Northern Dynasty Minerals LTD)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.. Unless the context otherwise requires: (a) "
Appears in 15 contracts
Samples: Securityholders' Agreement (Cb Richard Ellis Services Inc), Securityholders' Agreement (Cb Richard Ellis Services Inc), Securityholders' Agreement (Blum Capital Partners Lp)
Construction. The language used in this Agreement will be deemed to be is the language chosen by the parties to express their mutual intent, and no rule of strict construction will shall be applied against any party.
Appears in 15 contracts
Samples: www.bonterratech.com, www.athenasoftware.net, Voting Agreement (Decisionlink Inc)
Construction. The language used in this Agreement will be is deemed to be the language chosen by the parties Parties to express their mutual intent, and no . No rule of strict construction will shall be applied against any partyeither Party.
Appears in 14 contracts
Samples: Carrier Services Agreement (CCC Globalcom Corp), Carrier Services Agreement (Eschelon Telecom Inc), Carrier Services Agreement (Eschelon Telecom Inc)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties Company and the Officer to express their mutual intent, and no rule of strict construction will shall be applied against any either party.
Appears in 13 contracts
Samples: Employment Agreement (Advanced Bio/Chem Inc), Employment Agreement (Power 3 Medical Products Inc), Employment Agreement (Power 3 Medical Products Inc)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will be applied against any partyParty.
Appears in 12 contracts
Samples: Share Transfer Agreement (Future FinTech Group Inc.), Stockholders Agreement (Colony Capital, Inc.), Stockholders Agreement (Colony Credit Real Estate, Inc.)
Construction. The language used in this Agreement will be deemed to be by the language chosen by the parties to express their mutual intent, intent and no rule rules of strict construction will be applied against any either party.
Appears in 12 contracts
Samples: Solicitation Agreement, Solicitation Agreement, Employment Terms (LDR Holding Corp)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will shall be applied against any party. The section headings in this Agreement are for convenience of reference only, and they form no part of this Agreement and shall not affect its construction.
Appears in 11 contracts
Samples: Employment Agreement (Resolute Energy Corp), Employment Agreement (Resolute Energy Corp), Employment Agreement (Resolute Energy Corp)
Construction. The language used in this Agreement Agreement, including the documents, instruments, agreements, exhibits, schedules, and annexes hereto will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will shall be applied implied against any party.
Appears in 11 contracts
Samples: Restricted Stock Purchase and Restriction Agreement (Sibling Group Holdings, Inc.), Restricted Stock Purchase and Restriction Agreement (Sibling Entertainment Group Holdings, Inc.), Restricted Stock Purchase and Restriction Agreement (Sibling Entertainment Group Holdings, Inc.)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party.
Appears in 10 contracts
Samples: Independent Contractor Agreement (Massive Dynamics, Inc.), Services Agreement (Massive Dynamics, Inc.), Contribution Agreement (KBS Real Estate Investment Trust, Inc.)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will shall be applied against any partyParty.
Appears in 10 contracts
Samples: Asset Purchase Agreement (Tivic Health Systems, Inc.), Purchase Agreement (Cardtronics Inc), Stock Subscription Agreement
Construction. The language used in this Agreement will be deemed to be is the language chosen by the parties to express their mutual intent, and no rule of strict construction will shall be applied against any either party.
Appears in 9 contracts
Samples: Note Purchase Agreement, Stock Purchase Agreement (Federal Signal Corp /De/), Non Competition and Stock Repurchase Agreement (Impac Group Inc /De/)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will shall be applied against any party.
Appears in 9 contracts
Samples: Letter Agreement (Office Depot Inc), Office Depot Inc, Office Depot Inc
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will be applied against any partypart.
Appears in 9 contracts
Samples: Master Supply Agreement, Master Supply Agreement, Master Supply Agreement
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their joint and mutual intent, and no rule of strict construction will be applied against any party.
Appears in 8 contracts
Samples: Series E Preferred Stock Purchase Agreement (Roka BioScience, Inc.), Series C Preferred Stock (Roka BioScience, Inc.), Series D Preferred Stock (Roka BioScience, Inc.)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule rules of strict construction will be applied against any party. For clarification purposes, the Recitals are part of this Agreement and are hereby incorporated by reference.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Lakeland Bancorp Inc), Securities Purchase Agreement (First Busey Corp /Nv/), Exchange Agreement (Nacel Energy Corp)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties hereto to express their mutual intent, intent and no rule of strict construction will shall be applied against any partyparty hereto. This Agreement shall be deemed jointly drafted by each of the parties. Each party has availed, or had the opportunity to avail, the advice and assistance of independent legal counsel.
Appears in 8 contracts
Samples: Business Combination Agreement (Goal Acquisitions Corp.), Business Combination Agreement (Goal Acquisitions Corp.), Business Combination Agreement (Goal Acquisitions Corp.)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule rules of strict construction will be applied against any either party.
Appears in 8 contracts
Samples: Consulting Agreement (XL Fleet Corp.), Qnectu Master Service Agreement, Independent Contractor Service Agreement
Construction. (a) The language used in this Agreement will shall be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will shall be applied against any party.
Appears in 7 contracts
Samples: Pledge and Security Agreement (Panacea Life Sciences Holdings, Inc.), Pledge and Security Agreement (VISION HYDROGEN Corp), Stockholders Agreement (Sunpower Corp)
Construction. (a) The language used in this Agreement will shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will shall be applied against any partyPerson.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Patriot Transportation Holding, Inc.), Agreement and Plan of Merger (Patriot Transportation Holding, Inc.), Agreement and Plan of Merger (Usa Truck Inc)
Construction. (a) The language used in this Agreement will shall be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will shall be applied against any partya Party.
Appears in 6 contracts
Samples: Asset Purchase Agreement (World Energy Solutions, Inc.), Asset Purchase Agreement (Suncrest Global Energy Corp), Asset Purchase Agreement (Suncrest Global Energy Corp)
Construction. The language used in this Agreement will be deemed to be the language chosen by Employee and the parties Company to express their mutual intent, and no rule rules of strict construction will be applied against any partyeither Party.
Appears in 6 contracts
Samples: Employment Agreement (Xtant Medical Holdings, Inc.), Employment Agreement (Xtant Medical Holdings, Inc.), Employment Agreement (Xtant Medical Holdings, Inc.)
Construction. The language used in this Agreement will be deemed to be the language chosen by Employee and the parties Company to express their mutual intent, and no rule rules of strict construction will be applied against any either party.
Appears in 5 contracts
Samples: Employment Agreement (Xtant Medical Holdings, Inc.), Employment Agreement (Bacterin International Holdings, Inc.), Employment Agreement (Bacterin International Holdings, Inc.)
Construction. a. The language used in this Agreement will shall be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will shall be applied against any partyParty.
Appears in 5 contracts
Samples: License Agreement (Aspen Technology Inc /De/), Canada License Agreement (Aspen Technology Inc /De/), Hyprotech Canada License Agreement (Aspen Technology Inc /De/)
Construction. (a) The language used in throughout this Agreement will shall be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will shall be applied against any partyParty.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Quality Systems Inc), Agreement and Plan of Merger (Quality Systems Inc), Restricted Stock Agreement (Tvi Corp)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any partyparty hereto.
Appears in 5 contracts
Samples: Receivables Purchase and Sale Agreement (Partners First Receivables Funding Corp), Contribution Agreement (Partners First Receivables Funding Corp), Overdue Receivables Purchase and Sale Agreement (Partners First Receivables Funding Corp)
Construction. (a) The language used in this Agreement will shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will shall be applied against any partyParty.
Appears in 5 contracts
Samples: Patent License Agreement, Management Services and Commercial Agreement (American Biltrite Inc), Patent License Agreement (Panacos Pharmaceuticals, Inc.)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.
Appears in 5 contracts
Samples: Registration Rights Agreement (Molycorp, Inc.), Stockholders Agreement (Molycorp, Inc.), Stockholders Agreement (Molycorp, Inc.)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party. [The remainder of this page has been intentionally left blank.]
Appears in 5 contracts
Samples: Stockholders Agreement (Colony NorthStar, Inc.), Stockholders Agreement (Colony NorthStar Credit Real Estate, Inc.), Stockholders Agreement (Colony NorthStar Credit Real Estate, Inc.)
Construction. The language used in this Agreement will shall be deemed to be the language chosen approved by the all parties to this Agreement to express their mutual intent, and no rule of strict construction will shall be applied against any party.
Appears in 4 contracts
Samples: Real Estate Purchase Agreement (Farmland Partners Inc.), Real Estate Purchase Agreement (Farmland Partners Inc.), Real Estate Purchase Agreement (Farmland Partners Inc.)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, intent and no rule of strict construction will be applied against any party.
Appears in 4 contracts
Samples: Share Exchange Agreement (Intellisense Solutions Inc.), Share Purchase Agreement (Vitran Corp Inc), Share Exchange Agreement (Technology Publishing, Inc.)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will shall be applied against any partyParty.
Appears in 4 contracts
Samples: Business Transfer Agreement (Hanryu Holdings, Inc.), Business Transfer Agreement, Business Transfer Agreement (Molecular Imaging Corp)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties Parties to express their mutual intent, intent and no rule of strict construction will shall be applied against any partyParty.
Appears in 4 contracts
Samples: Shareholder Tender and Support Agreement (Live Oak Acquisition Corp II), Agreement (George Foreman Enterprises Inc), Release (George Foreman Enterprises Inc)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties Employee and the Company to express their mutual intent, and no rule rules of strict construction will be applied against any either party.
Appears in 4 contracts
Samples: Employment Agreement (Bacterin International Holdings, Inc.), Employment Agreement (Bacterin International Holdings, Inc.), Employment Agreement (Bacterin International Holdings, Inc.)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.. In addition, unless the context otherwise requires:
Appears in 4 contracts
Samples: Unit Grant Agreements (loanDepot, Inc.), Stockholders’ Agreement (Orchard Supply Hardware Stores Corp), Stockholders’ Agreement (Orchard Supply Hardware Stores Corp)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.. Unless the context otherwise requires: (a) “
Appears in 3 contracts
Samples: Stockholders Agreement (Vivint Solar, Inc.), Stockholders’ Agreement (MedQuist Holdings Inc.), Stockholders’ Agreement (MedQuist Holdings Inc.)
Construction. (a) The language used in this Agreement will shall be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will shall be applied against any partyParty.
Appears in 3 contracts
Samples: Share Exchange Agreement (Pineapple Express, Inc.), Share Exchange Agreement (Content Checked Holdings, Inc.), Loan Exchange Agreement (Synapse Group Inc)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.. Austin 814324v.2
Appears in 3 contracts
Samples: Employment Agreement (Orion Marine Group Inc), Employment Agreement (Orion Marine Group Inc), Employment Agreement (Orion Marine Group Inc)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.of
Appears in 3 contracts
Samples: Asset Purchase Agreement (Safety Components International Inc), Asset Purchase Agreement (JPS Automotive Products Corp), Securityholders' Agreement (Blum Capital Partners Lp)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule rules of strict construction will be applied against any party.. [Signature Page Follows]
Appears in 3 contracts
Samples: Note Purchase Agreement, Stock Purchase Agreement (Harken Energy Corp), Registration Rights Agreement (Echostar Communications Corp)
Construction. (i) The language used in this Agreement will shall be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will shall be applied against any partyParty.
Appears in 3 contracts
Samples: Franchise and Asset Sale Agreement, Franchise and Asset Sale Agreement (Princeton Review Inc), Franchise and Asset Sale Agreement (Princeton Review Inc)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties to express their mutual intent, and and, to the fullest extent permitted by law, the parties intend that no rule of strict construction will be applied against any party.
Appears in 3 contracts
Samples: Limited Liability Company Operating Agreement, Limited Liability Company Operating Agreement, Limited Liability Company Operating Agreement
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule rules of strict construction will be applied against any party.. [Signature page follows]
Appears in 3 contracts
Samples: Pledge and Security Agreement (Emagin Corp), Pledge and Security Agreement (Emagin Corp), Pledge and Security Agreement (Emagin Corp)
Construction. The language used in this Agreement will be ------------ deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Impac Group Inc /De/), Stock Purchase Agreement (Ameritruck Distribution Corp), Stock Purchase Agreement (Morrison Knudsen Corp//)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule rules of strict construction will be applied against any party.. No specific representation or warranty shall limit the generality or applicability of a more general representation or warranty. [signature page follows]
Appears in 3 contracts
Samples: Warrant Exercise Agreement, Exchange Agreement (Guided Therapeutics Inc), Securities Exchange Agreement (MGT Capital Investments Inc)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties Parties hereto to express their collective mutual intent, and no rule of strict construction will shall be applied against any partyParty.
Appears in 2 contracts
Samples: Share Purchase Agreement (Archipelago Learning, Inc.), Registration Rights Agreement (Archipelago Learning, Inc.)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party. The parties intend that each representation, warranty and covenant contained herein will have independent significance.
Appears in 2 contracts
Samples: Stock Repurchase Agreement (American Equity Investment Life Holding Co), Stock Repurchase Agreement (West Bancorporation Inc)
Construction. (a) The language used in this Agreement will shall be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction shall be applied {27506716;8} ActiveUS 118074924v.10 against any Party and this Agreement will be applied deemed to be the joint product of the Parties and will not be construed against any partyeither Party as the drafter.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Transunion Corp.), Asset Purchase Agreement (TransUnion Holding Company, Inc.)
Construction. The language used in this Agreement will be deemed ------------ to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Mangosoft Inc), Stock Purchase Agreement (Burrard Technologies Inc)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties Parties hereto to express their mutual intent, and no rule of strict construction will be applied against any partyParty.
Appears in 2 contracts
Samples: Simox and Hydrogen License Agreement (Ibis Technology Corp), Asset Purchase Agreement (Ibis Technology Corp)
Construction. The language used in this Agreement and the Notes will be deemed to be the language chosen by the parties to express their mutual intent, intent and no rule rules of strict construction will be applied against any party.
Appears in 2 contracts
Samples: Note Purchase Agreement (TherapeuticsMD, Inc.), Note Purchase Agreement (TherapeuticsMD, Inc.)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will shall be applied against any partyparty hereto.
Appears in 2 contracts
Samples: Operating Agreement, Form of Exploration Agreement (La Teko Resources LTD)
Construction. The language used in this Agreement will be deemed to be the language chosen by all of the parties hereto to express their mutual intent, and no rule of strict construction will shall be applied specified against any party.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Olympic Cascade Financial Corp), Exchange Agreement (Indenet Inc)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any either party.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Triquint Semiconductor Inc), Escrow Agreement (First Chesapeake Financial Corp)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.applied
Appears in 2 contracts
Samples: Assumption Agreement (At Home Group Inc.), Securityholders' Agreement (Cbre Holding Inc)
Construction. The language used in this Agreement will be deemed ------------ to be the language chosen by the parties to express their mutual intent, intent and no rule of strict construction will be applied against any either party.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Ameritruck Distribution Corp), Stock Purchase Agreement (Ameritruck Distribution Corp)
Construction. The Parties agree that the language used in this Agreement will shall be deemed to be the language chosen by the parties them to express their mutual intent, and no rule of strict construction will shall be applied against any partyeither Party.
Appears in 2 contracts
Samples: Securities Purchase Agreement (King Luther Capital Management Corp), Securities Purchase Agreement (King Luther Capital Management Corp)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party. The parties intend that each representation, warranty, and covenant contained in this Agreement will have independent significance.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Healthy Fast Food Inc), Asset Purchase Agreement (Healthy Fast Food Inc)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule rules of strict construction will be applied against any party.. * * * * *
Appears in 2 contracts
Samples: Registration Rights Agreement (Goldman Sachs Group Lp), Registration Rights Agreement (Biofield Corp \De\)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will shall be applied against any partyPerson.
Appears in 2 contracts
Samples: Stock Purchase Agreement (GBS Enterprises Inc), Stock Purchase Agreement (GBS Enterprises Inc)
Construction. The language used in this Agreement will be deemed to be the is language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will shall be applied against any partyParty hereto. The Parties hereby acknowledge and agree that they have been represented by counsel in the negotiation and drafting of this Agreement and, accordingly, this Agreement shall be deemed to have been prepared jointly by the Parties, and shall not be construed against any Party as the drafter.
Appears in 2 contracts
Samples: Settlement Agreement and Release (Pentastar Communications Inc), Settlement Agreement and Release (Pentastar Communications Inc)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule rules of strict construction will be applied against any party.. No specific representation or warranty shall limit the generality or applicability of a more general representation or warranty. [Signature Page Follows]
Appears in 2 contracts
Samples: Exchange Agreement (Gain Therapeutics, Inc.), Exchange Agreement (Gain Therapeutics, Inc.)
Construction. The language used in this Agreement will be deemed ------------- to be the language chosen by the parties to express their mutual intent, and no rule rules of strict construction will be applied against any party.
Appears in 2 contracts
Samples: Unit Purchase Agreement (Apollo Gold Corp), Special Warrants Purchase Agreement (Apollo Gold Corp)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule rules of strict construction will be applied against any party. This Agreement shall be deemed to be jointly drafted by the Company and the Purchaser and shall not be construed against any Person as the drafter hereof.
Appears in 2 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement (Aura Systems Inc)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will shall be applied against any party.Person. The word “
Appears in 2 contracts
Samples: Asset Purchase Agreement (Bio Key International Inc), Asset Purchase Agreement (Bio Key International Inc)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties to express their mutual intentintent and, and to the fullest extent permitted by law, the parties intend that no rule of strict construction will be applied against any party.
Appears in 2 contracts
Samples: Limited Liability Company Operating Agreement (EVO Transportation & Energy Services, Inc.), Joinder Agreement
Construction. (a) The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.
Appears in 2 contracts
Samples: Stockholders Agreement (Tradeweb Markets Inc.), Stockholders Agreement (Tradeweb Markets Inc.)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will shall be applied against any party.
Appears in 2 contracts
Samples: Food Truck Services Agreement, Employment Agreement (Kaye Group Inc)
Construction. The language used in this Agreement will be deemed to be is the language chosen by the parties to express their mutual intent, and no rule rules of strict construction will be applied against any party.
Appears in 2 contracts
Samples: Note Purchase Agreement (Emisphere Technologies Inc), Subscription Agreement (Emisphere Technologies Inc)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties hereto to express their mutual intent, intent and no rule of strict construction will shall be applied against any party.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Degeorge Financial Corp), Agreement and Plan of Merger (Degeorge Peter R)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will shall be applied against any partyParty.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Spectrum Organic Products Inc), Asset Purchase Agreement (Spectrum Organic Products Inc)
Construction. The language used in this Agreement will be deemed to be is the language chosen by the parties to express their mutual intent, intent and no rule of strict construction will be applied against any party.
Appears in 2 contracts
Samples: Stockholders’ Agreement, Stockholders’ Agreement (Neuronetics, Inc.)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.. [Signature Page Follows]
Appears in 2 contracts
Samples: Employment Agreement (Orion Marine Group Inc), Employment Agreement (Orion Marine Group Inc)
Construction. The language used in of this Agreement will be deemed to be the language mutually chosen by the parties to express their mutual intent, Parties and no rule of strict construction will be applied against any partyParty.
Appears in 2 contracts
Samples: Confidential Agreement (Acorda Therapeutics Inc), Manufacturing Services Agreement (Acorda Therapeutics Inc)
Construction. The language used in this Agreement will be deemed ------------ to be the language chosen by each of the parties hereto to express their mutual intent, and no rule of strict construction will construction, including the rule that ambiguities are to be resolved against the drafting party, shall be applied against any either party.
Appears in 2 contracts
Samples: Employment Agreement (Depomed Inc), Employment Agreement (Depomed Inc)
Construction. The language used in this Agreement will be deemed to be the language chosen by the all parties to express their mutual intent, and no rule of or strict construction will be applied against to any party.
Appears in 1 contract
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any partyperson.
Appears in 1 contract
Samples: Master Indemnification Agreement (Apartment Investment & Management Co)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule rules of strict construction will be applied against any either party.
Appears in 1 contract
Samples: And Invention Assignment Agreement
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to this Agreement to express their mutual intent, and no rule of strict construction will shall be applied against any party.
Appears in 1 contract
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will shall be applied against any partyParty based on any claim that such Party or counsel to such Party drafted this Agreement or any provision hereof.
Appears in 1 contract
Samples: Stock Purchase Agreement (GTT Communications, Inc.)
Construction. (a) The language used in this Contribution Agreement will be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will be applied against any partyParty.
Appears in 1 contract
Construction. The language used in of this Agreement will shall be deemed to be the language mutually chosen by the parties to express their mutual intent, Parties and no rule of strict construction will shall be applied against any partyeither Party hereto. Each Party represents that it has been represented by legal counsel in connection with this Agreement and acknowledges that it has participated in the drafting hereof. In interpreting and applying the terms and provisions of this Agreement, the Parties agree that no presumption will apply against the Party which drafted such terms and provision.
Appears in 1 contract
Samples: Research and Development Collaboration and License Agreement (Compass Therapeutics, Inc.)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied used against any partyparty hereto.
Appears in 1 contract
Samples: Common Stockholders Agreement (Cleveland Biolabs Inc)
Construction. The language used in this Agreement will shall be deemed to be the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will shall be applied against any partyPerson. Consequently, 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 provision of this Agreement.
Appears in 1 contract
Samples: Stock Purchase Agreement (Hill International, Inc.)
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties Parties hereto to express their mutual intent, and no rule of strict construction will be applied against any partyParty hereto. The Parties hereby acknowledge and agree that they have been represented by counsel in the negotiation of this Agreement and, accordingly, this Agreement shall be deemed to have been prepared jointly by the Parties, and thus shall not necessarily be construed against any Party as the drafter hereof.
Appears in 1 contract
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party. The headings of sections of this Agreement are for convenience of reference only and shall not affect its meaning or construction. The language used in this Agreement will be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction will be applied against any party.
Appears in 1 contract
Samples: Employment Agreement (Heritage Property Investment Trust Inc)
Construction. 1.8 The language used in this Agreement will be deemed to be is the language chosen by the parties Parties to express their mutual intent, and no rule of strict construction will shall be applied against any partyParty.
Appears in 1 contract
Construction. The language used in this Agreement will be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any partyPerson. The Parties have participated jointly in the negotiation and drafting of this Agreement and, in the event any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as jointly drafted by the Parties and no presumption or burden of proof shall be used to favor or disfavor any Party by virtue of the authorship of any provision of this Agreement.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Brooks Automation Inc)
