Representation by Counsel. Each of the parties has been represented by and has had an opportunity to consult legal counsel in connection with the negotiation and execution of this Agreement. No provision of this Agreement shall be construed against or interpreted to the disadvantage of any party by any court or arbitrator or any governmental authority by reason of such party having drafted or being deemed to have drafted such provision.
Appears in 38 contracts
Samples: Indemnification Agreement (Reservoir Media, Inc.), Indemnification Agreement (vTv Therapeutics Inc.), Indemnification Agreement (Latham Group, Inc.)
Representation by Counsel. Each of Party acknowledges that it has had the parties has been opportunity to be represented by and has had an opportunity to consult legal counsel in connection with this Agreement and the negotiation and execution of transactions contemplated by this Agreement. No provision Accordingly, any rule of law or any legal decision that would provide any Party with a defense to the enforcement of the terms of this Agreement against such Party based upon lack of legal counsel, shall be construed against or interpreted to the disadvantage of any party by any court or arbitrator or any governmental authority by reason of such party having drafted or being deemed to have drafted such provisionno application and is expressly waived.
Appears in 18 contracts
Samples: Backstop Commitment Agreement, Backstop Commitment Agreement (Claires Stores Inc), Restructuring Support Agreement (Cumulus Media Inc)
Representation by Counsel. Each of the parties Parties has been represented by and has had an opportunity to consult with legal counsel in connection with the drafting, negotiation and execution of this Agreement. No provision of this Agreement shall be construed against or interpreted to the disadvantage of any party Party by any court or arbitrator or any governmental authority Governmental Authority by reason of such party Party having drafted or being deemed to have drafted such provision.
Appears in 10 contracts
Samples: Registration Rights Agreement, Registration Rights Agreement, Registration Rights Agreement (Laureate Education, Inc.)
Representation by Counsel. Each of the All parties has hereto have been represented by and has or have had an the opportunity to consult legal be represented by counsel in connection with the negotiation and execution preparation of this Agreement. No provision of Therefore, this Agreement shall be construed without regard to any presumption against or interpreted to the disadvantage of any party by any court or arbitrator or any governmental authority by reason of such party having drafted or being deemed to have drafted such provisiondrafting the same.
Appears in 9 contracts
Samples: Retail Sales Agreement (Metlife Investors Variable Annuity Account One), Sales Agreement (Paragon Separate Account A), Retail Sales Agreement (Metropolitan Life Separate Account UL)
Representation by Counsel. Each of the parties Parties has been represented by and by, or has had an opportunity to consult with, legal counsel in connection with the drafting, negotiation and execution of this Agreement. No provision of this Agreement shall be construed against or interpreted to the disadvantage of any party Party by any court or arbitrator or any governmental authority Governmental Authority by reason of such party Party having drafted or being deemed to have drafted such provision.
Appears in 6 contracts
Samples: Limited Liability Company Agreement (EP Energy Corp), Limited Liability Company Agreement (EP Energy Corp), Limited Liability Company Agreement (EP Energy Corp)
Representation by Counsel. Each of the parties has been represented by and has had an opportunity to consult legal counsel in connection with the negotiation and execution of this Agreement. No provision of this Agreement shall be construed against or interpreted to the disadvantage of any party by any court or arbitrator or any governmental authority Governmental Authority by reason of such party having drafted or being deemed to have drafted such provision.
Appears in 5 contracts
Samples: Preemptive Rights Agreement, Stockholders Agreement (SOI Holdings, Inc.), Stockholders and Registration Rights Agreement (Duane Reade Inc)
Representation by Counsel. Each of the parties party to this Agreement represents and warrants that such party has been represented by and has had an opportunity to consult legal counsel in connection with the negotiation negotiation, drafting and execution of this Agreement. No Accordingly, no provision of this Agreement shall be construed against or interpreted to the disadvantage of any party by any court on the grounds that party drafted the provision or arbitrator or any governmental authority by reason of such party having drafted or being deemed caused it to have drafted such provisionbe drafted.
Appears in 5 contracts
Samples: Asset Purchase Agreement (Martin Industries Inc /De/), Share Exchange Agreement (Innovate Oncology, Inc.), Voting Agreement (Innovate Oncology, Inc.)
Representation by Counsel. Each of the parties has been represented by and has had an opportunity to consult legal counsel in connection with the negotiation and execution of this Agreement. No Therefore, the parties intend that no provision of this Agreement shall be construed against or interpreted to the disadvantage of any party by any court or arbitrator or any governmental authority by reason of such party having drafted or being deemed to have drafted such provision.
Appears in 4 contracts
Samples: Limited Liability Company Agreement (CompoSecure, Inc.), Limited Partnership Agreement (Healthcare Royalty, Inc.), Limited Liability Company Agreement (Roman DBDR Tech Acquisition Corp.)
Representation by Counsel. Each of the parties has been represented by and has had an opportunity to consult legal counsel in connection with the negotiation and execution of this Agreement. No provision of this Agreement shall be construed against or interpreted to the disadvantage of any party by any court or arbitrator or any governmental authority Governmental Authority by reason of such party having drafted or being deemed to have drafted such provision.
Appears in 4 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Evercore Partners Inc.), Registration Rights Agreement (Amn Healthcare Services Inc)
Representation by Counsel. Each of the parties Parties has been represented by and has had an opportunity to consult legal counsel in connection with the negotiation and execution of this Agreement. No provision of this Agreement shall be construed against or interpreted to the disadvantage of any party Party by any court or arbitrator or any governmental authority Governmental Authority by reason of such party Party having drafted or being deemed to have drafted such provision.
Appears in 2 contracts
Samples: Operating Agreement (ALST Casino Holdco, LLC), Operating Agreement (ALST Casino Holdco, LLC)
Representation by Counsel. Each of the parties has been represented by and has had an opportunity to consult legal counsel in connection with the negotiation and execution of this Agreement. No provision of this Agreement shall be construed against or interpreted to the disadvantage of any party by any court or arbitrator or any governmental authority by reason of such party having drafted or being deemed to have drafted such provision.
Appears in 2 contracts
Samples: Indemnification Agreement (Savers Value Village, Inc.), Indemnification Agreement (HireRight Holdings Corp)
Representation by Counsel. Each of the parties has been represented by and has had an opportunity to consult legal counsel in connection with the negotiation and execution of this Agreement. No provision of this Agreement shall be construed against or interpreted to the disadvantage of any party by any court or arbitrator or any governmental authority Governmental Authority by reason of such party having drafted or being deemed to have drafted such provision.
Appears in 1 contract
Representation by Counsel. Each of the parties has been represented by and has had an opportunity to consult legal counsel in connection with the negotiation and execution of this Agreement. No provision of this Agreement shall be construed against or interpreted to the disadvantage of any party by any court or arbitrator or any governmental authority by reason of such party having drafted or being deemed to have drafted such provision. 17.11.
Appears in 1 contract
Samples: Indemnification Agreement (ADT Inc.)
