Construction; Interpretation. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Article, section, schedule, exhibit, recital and party references are to this Agreement unless otherwise stated. No party, nor its counsel, shall be deemed the drafter of this Agreement for purposes of construing the provisions of this Agreement, and all provisions of this Agreement shall be construed in accordance with their fair meaning, and not strictly for or against any party.
Appears in 17 contracts
Samples: Pooling Agreement, Pooling Agreement, Contribution and Assumption Agreement (Spectrum Group International, Inc.)
Construction; Interpretation. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Article, Any section, schedulerecital, exhibit, recital schedule and party references are to this Agreement unless otherwise stated. No party, nor its counsel, shall be deemed the drafter of this Agreement for purposes of construing the provisions of this Agreement, and all provisions of this Agreement shall be construed in accordance with their fair meaning, and not strictly for or against any party.
Appears in 8 contracts
Samples: International Distributor Agreement, Supply Agreement (ThermoGenesis Holdings, Inc.), International Distributor Agreement (Cesca Therapeutics Inc.)
Construction; Interpretation. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. ArticleAny article, section, schedulerecital, exhibit, recital schedule and party references are to this Agreement unless otherwise stated. No party, nor its counsel, shall be deemed the drafter of this Agreement for purposes of construing the provisions of this Agreement, and all provisions of this Agreement shall be construed in accordance with their fair meaning, and not strictly for or against any party.
Appears in 6 contracts
Samples: Private Label Distribution Agreement (Inogen Inc), Exclusive Distribution Agreement (Innocoll AG), Exclusive Distribution Agreement (Innocoll GmbH)
Construction; Interpretation. The headings contained in this Agreement are inserted for reference purposes convenience only and shall not affect in any way the meaning or interpretation of this Agreement. Article, section, exhibit, schedule, exhibitannex, party, preamble and recital and party references are to this Agreement unless otherwise stated. No party, nor its respective counsel, shall be deemed the drafter of this Agreement for purposes of construing the provisions of this Agreementhereof, and all provisions of this Agreement shall be construed in accordance with according to their fair meaning, meaning and not strictly for or against any party.
Appears in 3 contracts
Samples: Merger Agreement (Haskel International Inc), Merger Agreement (Hi Holdings Inc), Merger Agreement (Global Power Equipment Group Inc/)
Construction; Interpretation. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. ArticleAll recital, section, schedule, exhibit, recital schedule and party references are to this Agreement unless otherwise stated. No party, nor its counsel, shall be deemed the drafter of this Agreement for purposes of construing the provisions of this Agreement, and all provisions of this Agreement shall be construed in accordance with their fair meaning, and not strictly for or against any party. Except as otherwise explicitly specified in this Agreement to the contrary, the word “including” shall be construed as “including, without limitation.”
Appears in 2 contracts
Samples: Stock Purchase Agreement, Stock Purchase Agreement (Durata Therapeutics, Inc.)
Construction; Interpretation. The headings contained in this ---------------------------- Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Article, section, schedule, exhibit, recital and party references are to this Agreement unless otherwise stated. No party, nor its counsel, shall be deemed the drafter of this Agreement for purposes of construing the provisions of this Agreement, and all provisions of this Agreement shall be construed in accordance with their fair meaning, and not strictly for or against any party.
Appears in 2 contracts
Samples: Merger Agreement (Certicom Corp), Escrow Agreement (Certicom Corp)
Construction; Interpretation. The headings contained set forth in this Agreement are inserted for reference purposes convenience only and shall not affect in any way the meaning or interpretation of this Agreement. Article, section, schedule, exhibit, recital and No party references are to this Agreement unless otherwise stated. No partyhereto, nor its respective counsel, shall be deemed the drafter of this Agreement for purposes of construing the provisions of this Agreementhereof, and all provisions of this Agreement shall be construed in accordance with according to their fair meaning, meaning and not strictly for or against any such party.
Appears in 2 contracts
Samples: Lock Up Agreement (AltEnergy Acquisition Corp), Lock Up Agreement (Bruush Oral Care Inc.)
Construction; Interpretation. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Article, Any section, schedulerecital, exhibit, recital schedule and party references are to this Agreement Agreement, unless otherwise stated. No party, nor its counsel, shall be deemed the drafter of this Agreement for purposes of construing the provisions of this Agreement, and all provisions of this Agreement shall be construed in accordance with their fair meaning, and not strictly for or against any party.
Appears in 2 contracts
Samples: Product Purchase and International Distributor Agreement (Thermogenesis Corp), Product Purchase and International Distributor Agreement (Thermogenesis Corp)
Construction; Interpretation. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. ArticleAll recital, section, schedule, exhibit, recital schedule and party references are to this Agreement unless otherwise stated. No party, nor its counsel, shall be deemed the drafter of this Agreement for purposes of construing the provisions of this Agreement, and all provisions of this Agreement shall be construed in accordance with their fair meaning, and not strictly for or against any party.
Appears in 2 contracts
Samples: Employment Agreement (Zone Mining LTD), Employment Agreement (Zone Mining LTD)
Construction; Interpretation. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. ArticleSection, section, schedule, exhibit, recital schedule and party references are to this Agreement unless otherwise stated. No party, nor its counsel, shall be deemed the drafter of this Agreement for purposes of construing the provisions of this Agreement, and all provisions of this Agreement shall be construed in accordance with their fair meaning, and not strictly for or against any party.
Appears in 2 contracts
Samples: Escrow Agreement (Arigene Co., Ltd.), Escrow Agreement (Trimeris Inc)
Construction; Interpretation. The headings heading contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. , Article, sectionSection, schedule, exhibit, recital and party references are to this Agreement unless otherwise stated. No party, nor its counsel, shall be deemed the drafter of this Agreement for purposes of construing the provisions of this Agreement, and all provisions of this Agreement shall be construed in accordance with their fair meaning, meaning and not strictly for or against any party.
Appears in 2 contracts
Samples: Escrow Agreement (Genetronics Biomedical Corp), Asset Purchase Agreement (Key3media Group Inc)
Construction; Interpretation. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Article, Any section, schedulerecital, exhibit, recital schedule and party references are to this Agreement unless otherwise stated. No partyParty, nor its counsel, shall be deemed the drafter of this Agreement for purposes of construing the provisions of this Agreement, and all provisions of this Agreement shall be construed in accordance with their fair meaning, and not strictly for or against any partyParty.
Appears in 1 contract
Construction; Interpretation. The headings contained in this Agreement are inserted for reference purposes convenience only and shall not affect in any way the meaning or interpretation of this Agreement. Article, section, exhibit, schedule, exhibitparty, preamble and recital and party references are to this Agreement unless otherwise stated. No partyParty, nor its respective counsel, shall be deemed the drafter of this Agreement for purposes of construing the provisions of this Agreementhereof, and all provisions of this Agreement shall be construed in accordance with according to their fair meaning, meaning and not strictly for or against any partyParty.
Appears in 1 contract
Samples: Membership Interest and Asset Purchase Agreement (Heartland Payment Systems Inc)
Construction; Interpretation. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. ArticleAny article, section, schedulerecital, exhibit, recital schedule and party references are to this Agreement unless otherwise stated. No party, nor its counsel, shall be deemed the drafter of this Agreement for purposes of construing the provisions of this Agreement, and all provisions of this Agreement shall be construed in accordance with their fair meaning, and not strictly for or against any party. [***] Certain confidential information contained in this document, marked by brackets, has been omitted because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed.
Appears in 1 contract
Construction; Interpretation. The headings contained in ---------------------------- this Agreement are inserted for reference purposes convenience only and shall not affect in any way the meaning or interpretation of this Agreement. Article, section, exhibit, schedule, exhibitannex, party, preamble and recital and party references are to this Agreement unless otherwise stated. No party, nor its respective counsel, shall be deemed the drafter of this Agreement for purposes of construing the provisions of this Agreementhereof, and all provisions of this Agreement shall be construed in accordance with according to their fair meaning, and not strictly for or against any party.
Appears in 1 contract
Samples: Merger Agreement (Fountain View Inc)
