Construction; Headings. This Note 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 Note are for convenience of reference and shall not form part of, or affect the interpretation of, this Note. Terms used in this Note but defined in the other Transaction Documents shall have the meanings ascribed to such terms on the Closing Date in such other Transaction Documents unless otherwise consented to in writing by the Holder.
Appears in 11 contracts
Samples: Note (Top Ships Inc.), Note (Top Ships Inc.), Note Agreement (Top Ships Inc.)
Construction; Headings. This Note 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 Note are for convenience of reference and shall not form part of, or affect the interpretation of, this Note. Terms used in this Note but defined in the other Transaction Documents shall have the meanings ascribed to such terms on the Closing Issuance Date in such other Transaction Documents unless otherwise consented to in writing by the Holder.
Appears in 7 contracts
Samples: Note Purchase Agreement, Note Purchase Agreement (Pacific Ethanol, Inc.), Note Purchase Agreement (Pacific Ethanol, Inc.)
Construction; Headings. This Note 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 Note are for convenience of reference and shall not form part of, or affect the interpretation of, this Note. Terms used in this Note but defined in the other Transaction Documents Purchase Agreement shall have the meanings ascribed to such terms on the Closing Issuance Date in such other Transaction Documents the Purchase Agreement unless otherwise consented to in writing by the Holder.
Appears in 4 contracts
Samples: Security Agreement (22nd Century Group, Inc.), Securities Purchase Agreement (dELiAs, Inc.), Credit Agreement (dELiAs, Inc.)
Construction; Headings. This Note 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 Note are for convenience of reference and shall not form part of, or affect the interpretation of, this Note. Terms used in this Note but defined in the other Transaction Documents shall have the meanings ascribed to such terms on the Closing Date in such other Transaction Documents unless otherwise consented to in writing by the HolderDocuments.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Resonant Inc), Exchange Agreement (Resonant Inc)
Construction; Headings. This Note 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 Note are for convenience of reference and shall not form part of, or affect the interpretation of, this Note. Terms used in this Note but defined in the other Transaction Documents shall have the meanings ascribed to such terms on the Closing Date in such other Transaction Documents Documents, unless otherwise consented to in writing by the Holder.
Appears in 2 contracts
Samples: Subordinated Promissory Note (KonaRed Corp), Subordinated Promissory Note (KonaRed Corp)
Construction; Headings. This Note 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 Note are for convenience of reference and shall not form part of, or affect the interpretation of, this Note. Terms used in this Note 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 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 Note shall be deemed to be jointly drafted by the Company and all the Holder initial Holders and shall not be construed against any Person person as the drafter hereof. The headings of this Note are for convenience of reference and shall not form part of, or affect the interpretation of, this Note. Terms used in this Note but defined in the other Transaction Documents shall have the meanings ascribed to such terms on the Closing Issuance Date in such other Transaction Documents unless otherwise consented to in writing by the Holder.
Appears in 1 contract
Samples: Securities Purchase Agreement (Wanxiang Group Corp)
