Construction. Each party acknowledges that its legal counsel participated in the preparation of this Note and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note to favor any party against the other.
Appears in 517 contracts
Samples: Oid Note (American Rebel Holdings Inc), Convertible Term Note (Adamas One Corp.), Convertible Term Note (Adamas One Corp.)
Construction. Each party acknowledges that its legal counsel participated in the preparation of this Note Agreement and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note Agreement to favor any party against the other.
Appears in 134 contracts
Samples: Funds Escrow Agreement, Securities Purchase Agreement (Modtech Holdings Inc), Funds Escrow Agreement (Biovest International Inc)
Construction. Each party acknowledges that its legal counsel participated in the preparation of this Note Agreement and the Related Agreements and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note Agreement to favor any party against the other.
Appears in 105 contracts
Samples: Securities Purchase Agreement (Corgenix Medical Corp/Co), Securities Purchase Agreement (Electric City Corp), Securities Purchase Agreement (American Water Star Inc)
Construction. Each party acknowledges that its legal counsel participated in the preparation of this Note Agreement and the Related Agreements and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note Agreement or any Related Agreement to favor any party against the other.
Appears in 60 contracts
Samples: Securities Purchase Agreement, Securities Purchase Agreement (Healthcare Corp of America), Securities Purchase Agreement (True North Energy CORP)
Construction. Each party acknowledges that its legal counsel participated in the preparation of this Note and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note to favor any party against the other. [Balance of page intentionally left blank; signature page follows.]
Appears in 37 contracts
Samples: Security Agreement (Electric City Corp), Secured Convertible Minimum Borrowing Note (Inyx Inc), Secured Convertible Revolving Note (Electric City Corp)
Construction. Each party acknowledges that its legal counsel ------------ participated in the preparation of this Note and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note to favor any party against the other.
Appears in 18 contracts
Samples: Secured Term Note (Petrosearch Energy Corp), Convertible Note (One Voice Technologies Inc), Secured Convertible Promissory Note (FTS Group, Inc.)
Construction. Each party acknowledges that its legal counsel participated in the preparation of this Note and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note to favor any party against the other.. [THIS SPACE INTENTIONALLY LEFT BLANK]
Appears in 12 contracts
Samples: Accounts Receivable Purchase Agreement (Vertex Interactive Inc), Securities Purchase Agreement (Billserv Inc), Securities Purchase Agreement (Vertex Interactive Inc)
Construction. Each party acknowledges that its legal counsel participated in the preparation of this Note Agreement and the Related Agreements and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note Agreement to favor any party against the other.. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
Appears in 9 contracts
Samples: Securities Purchase Agreement (Epixtar Corp), Securities Purchase Agreement (Cardiogenesis Corp /Ca), Securities Purchase Agreement (Gvi Security Solutions Inc)
Construction. Each party acknowledges that its legal counsel ------------ participated in the preparation of this Note Agreement and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note Agreement to favor any party against the other.
Appears in 8 contracts
Samples: Funds Escrow Agreement (New Century Energy Corp.), Funds Escrow Agreement (New Century Energy Corp.), Funds Escrow Agreement (Elec Communications Corp)
Construction. Each party acknowledges that its legal counsel participated in the preparation of this Note Agreement and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note Agreement to favor any party against the any other.
Appears in 7 contracts
Samples: Funds Escrow Agreement (Innovative Companies Inc), Funds Escrow Agreement (Certified Services Inc), Escrow Agreement (Numerex Corp /Pa/)
Construction. Each party acknowledges that its legal counsel participated in the preparation of this Term Note and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Term Note to favor any party against the other.
Appears in 6 contracts
Samples: Secured Term Note (EMTA Holdings, Inc.), Secured Term Note (Host America Corp), Secured Convertible Term Note (Corgenix Medical Corp/Co)
Construction. Each party acknowledges that it had the opportunity to have its legal counsel participated in the preparation of review this Note and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note to favor any party against the other.
Appears in 6 contracts
Samples: Note (IElement CORP), Promissory Note (IElement CORP), Note (IElement CORP)
Construction. Each party acknowledges that its legal counsel participated in the preparation of this Note Agreement and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note agreement to favor any party against the other.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Pure Capital Inc), Securities Purchase Agreement (Tombstone Exploration Corp), Securities Purchase Agreement (Pure Capital Inc)
Construction. Each party acknowledges that its legal counsel ------------ participated in the preparation of this Note Agreement and the Related Agreements and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note Agreement or any Related Agreement to favor any party against the other.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Elec Communications Corp), Securities Purchase Agreement (New Century Energy Corp.), Securities Purchase Agreement (Petrosearch Energy Corp)
Construction. Each party acknowledges that its legal counsel participated in the preparation of this Note Agreement and the Related Agreements and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note Agreement to favor any party against the other.. [the remainder of this page is intentionally left blank
Appears in 4 contracts
Samples: Securities Purchase Agreement (Rezconnect Technologies Inc), Securities Purchase Agreement (Greenman Technologies Inc), Securities Purchase Agreement (Dyntek Inc)
Construction. Each party Party acknowledges that its legal counsel participated in the preparation of this Note Agreement and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party Party shall not be applied in the interpretation of this Note Agreement to favor any party Party against the other.
Appears in 4 contracts
Samples: Intellectual Property Purchase Agreement (Coil Tubing Technology, Inc.), Licensing Agreement (Net Profits Ten Inc.), Asset Purchase Agreement (Generation Zero Group, Inc.)
Construction. Each party acknowledges that its legal counsel participated in the preparation of this Note and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note to favor favour any party against the other.
Appears in 3 contracts
Samples: Secured Term Note (Creative Vistas Inc), Secured Term Note (Creative Vistas Inc), Secured Term Note (Creative Vistas Inc)
Construction. Each party acknowledges that it has been afforded the opportunity to have its legal counsel participated in the preparation of this Note and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note to favor any party against the other.
Appears in 3 contracts
Samples: Promissory Note (Smart Decision, Inc.), Promissory Note (Smart Decision, Inc.), Note (StrikeForce Technologies Inc.)
Construction. Each party acknowledges that its legal counsel ------------ participated in the preparation of this Note and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note to favor any party against the other.. [Balance of page intentionally left blank; signature page follows]
Appears in 3 contracts
Samples: Secured Term Note (New Century Energy Corp.), Secured Convertible Term Note (New Century Energy Corp.), Secured Term Note (New Century Energy Corp.)
Construction. Each party acknowledges that its legal counsel ------------ participated in the preparation of this Note and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note to favor any party against the other.. [THIS SPACE INTENTIONALLY LEFT BLANK]
Appears in 3 contracts
Samples: Convertible Note (Liquidix Inc), Convertible Note (One Voice Technologies Inc), Convertible Note (One Voice Technologies Inc)
Construction. Each party acknowledges that its legal counsel participated in the preparation of this Note Agreement and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note Agreement to favor any party against the other.. ARTICLE II
Appears in 3 contracts
Samples: Funds Escrow Agreement (Creative Vistas Inc), Funds Escrow Agreement (Xstream Beverage Group Inc), Funds Escrow Agreement (Creative Vistas Inc)
Construction. Each party acknowledges that its legal counsel participated in the preparation of this Note and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note to favor any party against the other. [The remainder of this page intentionally left blank.]
Appears in 2 contracts
Samples: Convertible Note (Nestor Inc), Convertible Note (Nestor Inc)
Construction. Each party acknowledges that its legal counsel participated in the preparation of this Note and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note to favor any party against the other. The titles of the articles and sections of this Note are for convenience of reference only and are not to be considered in construing this Note.
Appears in 2 contracts
Samples: Convertible Note (Nestor Inc), Secured Term Note (Nestor Inc)
Construction. Each party acknowledges that its legal counsel ------------ participated in the preparation of this Note and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note to favor any party against the other.
Appears in 2 contracts
Samples: Secured Term Note (New Century Energy Corp.), Secured Term Note (New Century Energy Corp.)
Construction. Each party Party acknowledges that its legal counsel participated in the preparation of this Note Agreement and the Warrant and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note Agreement or the Warrant to favor any party Party against the other.
Appears in 2 contracts
Samples: Settlement Agreement (Accentia Biopharmaceuticals Inc), Settlement Agreement (Biodelivery Sciences International Inc)
Construction. Each party acknowledges that its legal counsel participated in the preparation of this Note and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note to favor any party against the other. Balance of page intentionally left blank; signature page follows.
Appears in 2 contracts
Samples: Secured Convertible Minimum Borrowing Note (Veridium Corp), Secured Convertible Note (Veridium Corp)
Construction. Each party acknowledges that its legal counsel they participated in the preparation of this Note and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note to favor any one party against the other.
Appears in 2 contracts
Samples: Convertible Note (Barrel Energy Inc.), Convertible Note (BRK, Inc.)
Construction. Each party acknowledges that its legal counsel participated in the preparation of this Note Debenture and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note Debenture to favor any party against the other.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Leo Motors, Inc.), Stock Purchase Agreement (Catalyst Ventures Inc)
Construction. Each party acknowledges that its legal counsel participated in the preparation of this Note and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note to favor any party against the other.. . 06/27/2005 9
Appears in 1 contract
Samples: Secured Convertible Minimum Borrowing Note (360 Global Wine Co)
Construction. Each party acknowledges that its legal counsel participated in the preparation of this Convertible Note and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Convertible Note to favor favour any party against the other.
Appears in 1 contract
Construction. Each party acknowledges that its legal ------------ counsel participated in the preparation of this Note and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note to favor any party against the other.
Appears in 1 contract
Construction. Each party acknowledges that its legal counsel participated in the preparation of this Note and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note to favor any party against the other.. . 07/07/2005 10
Appears in 1 contract
Construction. Each party acknowledges that its legal counsel participated participated, or was afforded the opportunity to participate, in the preparation of this Note and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note to favor any party against the other.
Appears in 1 contract
Construction. Each party acknowledges that its legal counsel participated in the preparation of this Note and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note to favor any party against the other.. 8
Appears in 1 contract
Construction. Each party acknowledges that its legal counsel ------------ participated in the preparation of this Note and, therefore, stipulates that the -- rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note to favor any party against the other.
Appears in 1 contract
Construction. Each party acknowledges that its legal counsel participated in the preparation of this Note and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note to favor any party against the other.. -----------------------------------------------------------------------------------------------------------------
Appears in 1 contract
Construction. Each party acknowledges that its legal counsel participated in the preparation of this Note and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note to favor any party against the other.. [Balance of page intentionally left blank; signature page follows]
Appears in 1 contract
Samples: Secured Convertible Minimum Borrowing Note (Farmstead Telephone Group Inc)
Construction. Each party acknowledges that it has been afforded the opportunity to have its legal counsel participated participate in the preparation of this Note and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note to favor any party against the other.
Appears in 1 contract
Samples: Senior Secured Promissory Note (New Era Marketing Inc)
Construction. Each party acknowledges that its legal counsel ------------ participated in the preparation of this Note and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note to favor any party against the other. [Balance of page intentionally left blank; signature page follows.]
Appears in 1 contract
Samples: Secured Convertible Minimum Borrowing Note (Elinear Inc)
Construction. Each party acknowledges that its legal counsel participated in the preparation of this Note and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note to favor any party against the other.. Second A&R Minimum Borrowing Note 9
Appears in 1 contract
Samples: Secured Convertible Minimum Borrowing Note (Accentia Biopharmaceuticals Inc)
Construction. Each party acknowledges that its legal counsel participated in the preparation of this Note and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note to favor any party against the other.. . 06/30/2005 8
Appears in 1 contract
Construction. Each party acknowledges that its legal counsel participated in the preparation of this Note and, therefore, stipulates that the rule of construction that ambiguities are to be resolved against the drafting party shall not be applied in the interpretation of this Note to favor any party against the other.
Appears in 1 contract
