Neutral Construction. The parties have negotiated this Agreement and all of the terms and conditions contained in this Agreement in good faith and at arms' length, and each party has been represented by counsel during such negotiations. No term, condition, or provision contained in this Agreement shall be construed against any party or in favor of any party (i) because such party or such party's counsel drafted, revised, commented upon, or did not comment upon, such term, condition, or provision; or (ii) because of any presumption as to any inequality of bargaining power between or among the parties. Furthermore, all terms, conditions, and provisions contained in this Agreement shall be construed and interpreted in a manner which is consistent with all other terms, conditions, and provisions contained in this Agreement.
Appears in 4 contracts
Samples: Operating Agreement (Numerex Corp /Pa/), Registration Rights Agreement (Nco Group Inc), Noncompetition and Standstill Agreement (Nco Group Inc)
Neutral Construction. The parties have negotiated this Agreement and all of the terms and conditions contained in this Agreement in good faith and at arms' β length, and each party has been represented by counsel during such negotiations. No term, condition, or provision contained in this Agreement shall be construed against any party or in favor of any party party: (ia) because such party or such party's βs counsel drafted, revised, commented upon, or did not comment upon, such term, condition, or provision; or (iib) because of any presumption as to any inequality of bargaining power between or among the parties. Furthermore, all terms, conditions, and provisions contained in this Agreement shall be construed and interpreted in a manner which is consistent with all other terms, conditions, and provisions contained in this Agreement.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Encore Capital Group Inc), Asset Purchase Agreement (Lodgenet Entertainment Corp), Asset Purchase Agreement (Lodgenet Entertainment Corp)
Neutral Construction. The parties have negotiated this Agreement and all of the terms and conditions contained in this Agreement in good faith and at arms' length, and each party has been represented by counsel during such negotiations. No term, condition, or provision contained in this Agreement shall will be construed against any party or in favor of any party (i) because such party or such party's counsel drafted, revised, commented upon, or did not comment upon, such term, condition, or provision; or (ii) because of any presumption as to any inequality of bargaining power between or among the parties. Furthermore, all terms, conditions, and provisions contained in this Agreement shall will be construed and interpreted in a manner which is consistent with all other terms, conditions, and provisions contained in this Agreement.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Cross Media Marketing Corp), Distributorship Agreement (Composite Technology Corp)
Neutral Construction. The parties have negotiated this Agreement and all of the terms and conditions contained in this Agreement herein in good faith and at arms' length, and each party has been represented by counsel during such negotiations. No term, condition, condition or provision contained in this Agreement shall be construed against any party or in favor of any party (ix) because such party or such party's counsel drafted, revised, commented upon, upon or did not comment upon, such term, condition, condition or provision; or (iiy) because of any presumption as to any inequality of bargaining power between or among the parties. Furthermore, all terms, conditions, conditions and provisions contained in this Agreement shall be construed and interpreted in a manner which is consistent with all other terms, conditions, conditions and provisions contained in this Agreement.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Rye 68, LLC), Stock Purchase Agreement (Numerex Corp /Pa/)
Neutral Construction. The parties have negotiated this Agreement and all of the terms and conditions contained in this Agreement in good faith and at arms' length, and each party has been represented by counsel during such negotiations. No term, condition, or provision contained in this Agreement shall be construed against any party or in favor of any party (i) because such party or such party's counsel drafted, revised, commented upon, or did not comment upon, such term, condition, or provision; or (ii) because of any presumption as to any inequality of bargaining power between or nor among the parties. Furthermore, all terms, conditions, and provisions contained in this Agreement shall be construed and interpreted in a manner which is consistent with all other terms, conditions, and provisions contained in this Agreement.
Appears in 2 contracts
Samples: Agreement of Stock Exchange (Adva International Inc), Agreement of Stock Exchange (Booth Charles Inc)
Neutral Construction. The parties have negotiated this Agreement Warrant and all of the terms and conditions contained in this Agreement Warrant in good faith and at arms' length, and each party has been represented by counsel during such negotiations. No term, condition, or provision contained in this Agreement shall be construed against any party or in favor of any party (i) because such party or such party's counsel drafted, revised, commented upon, or did not comment upon, such term, condition, or provision; or (ii) because of any presumption as to any inequality of bargaining power between or among the parties. Furthermore, all terms, conditions, and provisions contained in this Agreement Warrant shall be construed and interpreted in a manner which is consistent with all other terms, conditions, and provisions contained in this AgreementWarrant.
Appears in 1 contract
Samples: Nco Group Inc
Neutral Construction. The parties have negotiated this Agreement Amendment and all of the terms and conditions contained in this Agreement Amendment in good faith and at arms' length, and each party has been represented by counsel during such negotiations. No term, condition, or provision contained in this Agreement Amendment shall be construed against any party or in favor of any party (i) because such party or such party's counsel drafted, revised, commented upon, or did not comment upon, such term, condition, or provision; or (ii) because of any presumption as to any inequality of bargaining power between or among the parties. Furthermore, all terms, conditions, and provisions contained in this Agreement Amendment shall be construed and interpreted in a manner which is consistent with all other terms, conditions, and provisions contained in this AgreementAmendment.
Appears in 1 contract
Neutral Construction. The parties have negotiated this Agreement and -------------------- all of the terms and conditions contained in this Agreement in good faith and at arms' length, and each party has been represented by counsel during such negotiations. No term, condition, or provision contained in this Agreement shall be construed against any party or in favor of any party (i) because such party or such party's counsel drafted, revised, commented upon, or did not comment upon, such term, condition, or provision; or (ii) because of any presumption as to any inequality of bargaining power between or among the parties. Furthermore, all terms, conditions, and provisions contained in this Agreement shall be construed and interpreted in a manner which is consistent with all other terms, conditions, and provisions contained in this Agreement.
Appears in 1 contract
Neutral Construction. The parties have negotiated this Agreement and all of ------------------------- the terms and conditions contained in this Agreement in good faith and at arms' length, and each party has been represented by counsel during such negotiations. No term, condition, or provision contained in this Agreement shall be construed against any party or in favor of any party (i) because such party or such party's counsel drafted, revised, commented upon, or did not comment upon, such term, condition, or provision; or (ii) because of any presumption as to any inequality of bargaining power between or nor among the parties. Furthermore, all terms, terms conditions, and provisions contained in this Agreement shall be construed and interpreted in a manner which is consistent with all other terms, conditions, and provisions contained in this Agreement.
Appears in 1 contract