Common use of Construction; Headings Clause in Contracts

Construction; Headings. This Warrant shall be deemed to be jointly drafted by the Company and the Holder and shall not be construed against any Person as the drafter hereof. The headings of this Warrant are for convenience of reference and shall not form part of, or affect the interpretation of, this Warrant. Terms used in this Warrant but defined in the other Transaction Documents shall have the meanings ascribed to such terms on the Closing Date (as defined in the Securities Purchase Agreement) in such other Transaction Documents unless otherwise consented to in writing by the Holder.

Appears in 73 contracts

Samples: Securities Purchase Agreement (SCWorx Corp.), Securities Purchase Agreement (IMAC Holdings, Inc.), Securities Purchase Agreement (Phoenix Biotech Acquisition Corp.)

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Construction; Headings. This Warrant shall be deemed to be jointly drafted by the Company and the Holder and shall not be construed against any Person as the drafter hereof. The headings of this Warrant are for convenience of reference and shall not form part of, or affect the interpretation of, this Warrant. Terms used in this Warrant but defined in the other Transaction Documents shall have the meanings ascribed to such terms on the Closing Date (as defined in the Securities Purchase Agreement) in such other Transaction Documents unless otherwise consented to in writing by the Holder.

Appears in 67 contracts

Samples: Warrant Agreement (Asset Entities Inc.), Warrant Agreement (Asset Entities Inc.), Warrant Agreement (Signing Day Sports, Inc.)

Construction; Headings. This Warrant shall be deemed to be jointly drafted by the Company and the Holder and shall not be construed against any Person as the drafter hereof. The headings of this Warrant are for convenience of reference and shall not form part of, or affect the interpretation of, this Warrant. Terms used in this Warrant but defined in the other Transaction Documents shall have the meanings ascribed to such terms on the Initial Closing Date (as defined in the Securities Purchase Agreement) in such other Transaction Documents unless otherwise consented to in writing by the Holder.

Appears in 3 contracts

Samples: Securities Purchase Agreement (BOQI International Medical, Inc.), Warrant to Purchase Common Stock (China Shen Zhou Mining & Resources, Inc.), Warrant to Purchase Common Stock (China Shen Zhou Mining & Resources, Inc.)

Construction; Headings. This Warrant shall be deemed to be jointly drafted by the Company and the Holder and shall not be construed against any Person as the drafter hereof. The headings of this Warrant are for convenience of reference and shall not form part of, or affect the interpretation of, this Warrant. Terms used in this Warrant but defined in the other Transaction Documents shall have the meanings ascribed to such terms on the date of Closing Date (as defined in the Securities Purchase Agreement) in such other Transaction Documents unless otherwise consented to in writing by the Holder.

Appears in 3 contracts

Samples: Pre Funded Warrant to Purchase Common Stock (Greenlane Holdings, Inc.), Warrant to Purchase Common Stock (KushCo Holdings, Inc.), Warrant to Purchase Common Stock (KushCo Holdings, Inc.)

Construction; Headings. This Warrant shall be deemed to be jointly drafted by the Company and the Holder and shall not be construed against any Person as the drafter hereof. The headings of this Warrant are for convenience of reference and shall not form part of, or affect the interpretation of, this Warrant. Terms used in this Warrant but defined in the other Transaction Documents shall have the meanings ascribed to such terms on the Closing Date (as defined in the Securities Purchase Agreement) in such other Transaction Documents unless otherwise consented to in writing by the Holderparties.

Appears in 2 contracts

Samples: Warrant Agreement (Resonant Inc), Warrant Agreement (Resonant Inc)

Construction; Headings. This Investor Warrant shall be deemed to be jointly drafted by the Company and the Holder and shall not be construed against any Person as the drafter hereof. The headings of this Investor Warrant are for convenience of reference and shall not form part of, or affect the interpretation of, this Investor Warrant. Terms used in this Investor Warrant but defined in the other Transaction Documents shall have the meanings ascribed to such terms on the Closing Date (as defined in the Securities Purchase Agreement) in such other Transaction Documents unless otherwise consented to in writing by the Holder.

Appears in 2 contracts

Samples: Security Agreement (Neonode, Inc), Security Agreement (Neonode, Inc)

Construction; Headings. This Warrant shall be deemed to be jointly drafted by the Company and the Holder and shall not be construed against any Person as the drafter hereof. The headings of this Warrant are for convenience of reference and shall not form part of, or affect the interpretation of, this Warrant. Terms used in this Warrant but defined in the other Transaction Documents shall have the meanings ascribed to such terms on the Closing Issuance Date (as defined in the Securities Purchase Agreement) in such other Transaction Documents unless otherwise consented to in writing by the Holder.

Appears in 2 contracts

Samples: Commitment Letter (Scilex Holding Co), Warrant Agreement (ReneSola LTD)

Construction; Headings. This Warrant shall be deemed to be jointly drafted by the Company Partnership and the Holder and shall not be construed against any Person as the drafter hereof. The headings of this Warrant are for convenience of reference and shall not form part of, or affect the interpretation of, this Warrant. Terms used in this Warrant but defined in the other Transaction Documents shall have the meanings ascribed to such terms on the Closing Date (as defined in the Securities Purchase Agreement) in such other Transaction Documents unless otherwise consented to in writing by the Holder.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Emerge Energy Services LP), Securities Purchase Agreement

Construction; Headings. This Warrant shall be deemed to be jointly drafted by the Company and the Holder and shall not be construed against any Person as the drafter hereof. The headings of this Warrant are for convenience of reference and shall not form part of, or affect the interpretation of, this Warrant. Terms used in this Warrant but defined in the other Transaction Documents Securities Purchase Agreement shall have the meanings ascribed to such terms on the Closing Date (as defined in the Securities Purchase Agreement) in such other Transaction Documents the Securities Purchase Agreement unless otherwise consented to in writing by the Holder.

Appears in 2 contracts

Samples: Securities Purchase Agreement (RedHill Biopharma Ltd.), Securities Purchase Agreement (RedHill Biopharma Ltd.)

Construction; Headings. This Warrant shall be deemed to be jointly drafted by the Company and the Holder and shall not be construed against any Person as the drafter hereof. The headings of this Warrant are for convenience of reference and shall not form part of, or affect the interpretation of, this Warrant. Terms used in this Warrant but defined in the other Transaction Documents shall have the meanings ascribed to such terms on the Closing Date (as defined in the Securities Purchase and Exchange Agreement) in such other Transaction Documents unless otherwise consented to in writing by the Holder.

Appears in 1 contract

Samples: Securities Purchase Agreement (Geoglobal Resources Inc.)

Construction; Headings. This Warrant shall be deemed to be jointly drafted by the Company and the Holder and shall not be construed against any Person as the drafter hereof. The headings of this Warrant are for convenience of reference and shall not form part of, or affect the interpretation of, this Warrant. Terms used in this Warrant but defined in the other Transaction Documents (as defined in the Securities Purchase Agreement) shall have the meanings ascribed to such terms on the Initial Closing Date (as defined in the Securities Purchase Agreement) in such other Transaction Documents unless otherwise consented to in writing by the Holder.

Appears in 1 contract

Samples: Securities Purchase Agreement (American Superconductor Corp /De/)

Construction; Headings. This Warrant shall be deemed to be jointly drafted by the Company and the Holder and shall not be construed against any Person as the drafter hereof. The headings of this Warrant are for convenience of reference and shall not form part of, or affect the interpretation of, this Warrant. Terms used in this Warrant but defined in the other Transaction Documents (as defined in the Subscription Agreement) shall have the meanings ascribed to such terms on the Closing Date (as defined in the Securities Purchase Subscription Agreement) in such other Transaction Documents unless otherwise consented to in writing by the Holder.

Appears in 1 contract

Samples: Subscription Agreement (Boomerang Systems, Inc.)

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Construction; Headings. This Warrant shall be deemed to be jointly drafted by the Company and the Holder and shall not be construed against any Person as the drafter hereof. The headings of this Warrant are for convenience of reference and shall not form part of, or affect the interpretation of, this Warrant. Terms used in this Warrant but defined in the other Transaction Exchange Documents shall have the meanings ascribed to such terms on the Closing Date (as defined in the Securities Purchase Exchange Agreement) in such other Transaction Exchange Documents unless otherwise consented to in writing by the Holder.

Appears in 1 contract

Samples: Warrant to Purchase Common Stock (Nutracea)

Construction; Headings. This Warrant shall be deemed to be jointly drafted by the Company and the Holder and shall not be construed against any Person as the drafter hereof. The headings of this Warrant are for convenience of reference and shall not form part of, or affect the interpretation of, this Warrant. Terms used in this Warrant but defined in the other Transaction Documents shall have the meanings ascribed to such terms on the Closing Date (as defined in the Securities Purchase AgreementUA) in such other Transaction Documents unless otherwise consented to in writing by the Holder.

Appears in 1 contract

Samples: Warrant to Purchase Common Stock (xG TECHNOLOGY, INC.)

Construction; Headings. This Warrant shall be deemed to be jointly drafted by the Company and the Holder and shall not be construed against any Person as the drafter hereof. The headings of this Warrant are for convenience of reference and shall not form part of, or affect the interpretation of, this Warrant. Terms used in this Warrant but defined in the other Transaction Documents (as defined in the Subscription Agreement) shall have the meanings ascribed to such terms on the Closing Date (as defined in the Securities Purchase Subscription Agreement) in such other [Transaction Documents Documents] unless otherwise consented to in writing by the Holder.]

Appears in 1 contract

Samples: Subscription Agreement (Boomerang Systems, Inc.)

Construction; Headings. This Warrant shall be deemed to be jointly drafted by the Company and the Holder and shall not be construed against any Person as the drafter hereof. The headings of this Warrant are for convenience of reference and shall not form part of, or affect the interpretation of, this Warrant. Terms used in this Warrant but defined in the other Transaction Documents shall have the meanings ascribed to such terms on the Closing Date (as defined in the Securities Asset Purchase Agreement) in such other Transaction Documents unless otherwise consented to in writing by the Holder.

Appears in 1 contract

Samples: Warrant Agreement (Helios & Matheson Analytics Inc.)

Construction; Headings. This Warrant shall be deemed to be jointly drafted by the Company and the Holder and shall not be construed against any Person as the drafter hereof. The headings of this Warrant are for convenience of reference and shall not form part of, or affect the interpretation of, this Warrant. Terms used in this Warrant but defined in the other Transaction Documents shall have the meanings ascribed to such terms on the Closing Date (as defined in the Securities Purchase Placement Agent Agreement) in such other Transaction Documents unless otherwise consented to in writing by the Holder.

Appears in 1 contract

Samples: Warrant to Purchase Common Stock (Freeseas Inc.)

Construction; Headings. This Warrant shall be deemed to be jointly drafted by the Company and the Holder and shall not be construed against any Person as the drafter hereof. The headings of this Warrant are for convenience of reference and shall not form part of, or affect the interpretation of, this Warrant. Terms used in this Warrant but defined in the other Transaction Documents Underwriting Agreement shall have the meanings ascribed to such terms on the Closing Subscription Date (as defined in the Securities Purchase Agreement) in such other Transaction Documents Underwriting Agreement unless otherwise consented to in writing by the Holder.

Appears in 1 contract

Samples: Underwriting Agreement (Ekso Bionics Holdings, Inc.)

Construction; Headings. This Warrant shall be deemed to be jointly drafted by the Company and the Holder and shall not be construed against any Person as the drafter hereof. The headings of this Warrant are for convenience of reference and shall not form part of, or affect the interpretation of, this Warrant. Terms used in this Warrant but defined in the other Transaction Documents shall have the meanings ascribed to such terms on the Closing Date (as defined in the Securities Purchase Agreement) in such other Transaction Documents unless otherwise consented to in writing by the Holder.

Appears in 1 contract

Samples: Securities Agreement (Inergetics Inc)

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