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 522 contracts
Sources: Note Agreement (American Rebel Holdings Inc), Oid Note (American Rebel Holdings Inc), Oid Note (American Rebel Holdings 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 134 contracts
Sources: Funds Escrow Agreement, Funds Escrow Agreement (Powercold Corp), Security Agreement (Deja Foods 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
Sources: Securities Purchase Agreement (American Water Star Inc), Securities Purchase Agreement (Corgenix Medical Corp/Co), Securities Purchase Agreement (Petrol Oil & Gas 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
Sources: Securities Purchase Agreement, Securities Purchase Agreement (Healthcare Corp of America), Note Purchase Agreement (Biovest 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 37 contracts
Sources: Security Agreement (Electric City Corp), Convertible Term Note (Tidel Technologies Inc), Secured Convertible Minimum Borrowing Note (Global Payment 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.
Appears in 18 contracts
Sources: Secured Term Note (Petrosearch Energy Corp), Secured Convertible Promissory Note (FTS Group, Inc.), Secured Revolving Note (Trinity Learning 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 12 contracts
Sources: Accounts Receivable Purchase Agreement (Vertex Interactive Inc), Securities Purchase Agreement (Vertex Interactive Inc), Securities Purchase Agreement (Billserv 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
Sources: Securities Purchase Agreement (Epixtar Corp), Securities Purchase Agreement (Centurion Gold Holdings Inc), Securities Purchase Agreement (Cardiogenesis Corp /Ca)
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
Sources: Funds Escrow Agreement (Trinity Learning Corp), Funds Escrow Agreement (Elec Communications 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
Sources: Funds Escrow Agreement (Certified Services Inc), Funds Escrow Agreement (Innovative Companies 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
Sources: Secured Convertible Term Note (Corgenix Medical Corp/Co), Secured Convertible Term Note (Corgenix Medical Corp/Co), Secured Term Note (EMTA Holdings, Inc.)
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
Sources: Promissory Note (IElement CORP), Note (IElement CORP), Promissory 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
Sources: Securities Purchase Agreement (Pure Capital Inc), Securities Purchase Agreement (Pure Capital Inc), 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 to favor any party against the other.. [the remainder of this page is intentionally left blank
Appears in 4 contracts
Sources: Securities Purchase Agreement (Rezconnect Technologies Inc), Securities Purchase Agreement (Greenman Technologies Inc), Securities Purchase Agreement (Dyntek 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 4 contracts
Sources: Convertible Note (Statera Biopharma, Inc.), Promissory Note (KonaRed Corp), Promissory Note (KonaRed Corp)
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
Sources: 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 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
Sources: Securities Purchase Agreement (Elec Communications Corp), Securities Purchase Agreement (Petrosearch Energy Corp), Securities Purchase Agreement (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
Sources: Convertible Note (One Voice Technologies Inc), Convertible Note (Liquidix Inc), Convertible Note (One Voice Technologies 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
Sources: 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
Sources: Secured Term Note (New Century Energy Corp.), Secured Term Note (New Century Energy Corp.), Secured Convertible Term Note (New Century Energy 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.. ARTICLE II
Appears in 3 contracts
Sources: Funds Escrow Agreement (Xstream Beverage Group Inc), Funds Escrow Agreement (Creative Vistas 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 favour any party against the other.
Appears in 3 contracts
Sources: Secured Term Note (Creative Vistas Inc), Secured Term Note (Creative Vistas Inc), Secured Term Note (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.
Appears in 2 contracts
Sources: Secured 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. 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
Sources: Secured Term Note (Nestor Inc), Convertible Note (Nestor 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
Sources: Securities Purchase Agreement (Leo Motors, Inc.), Stock Purchase Agreement (Catalyst Ventures Inc)
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
Sources: Convertible Note (Barrel Energy Inc.), Convertible Note (BRK, 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
Sources: 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. Balance of page intentionally left blank; signature page follows.
Appears in 2 contracts
Sources: Secured Convertible Note (Veridium Corp), Secured Convertible Minimum Borrowing Note (Veridium 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.. 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.. . 06/30/2005 8
Appears in 1 contract
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
Sources: 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.. Second A&R Minimum Borrowing Note 9
Appears in 1 contract
Sources: Secured Convertible Minimum Borrowing Note (Accentia Biopharmaceuticals Inc)
Construction. Each party acknowledges that its legal counsel participated in the preparation of this Note Amendment 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 Amendment to favor any party against the other.
Appears in 1 contract
Sources: Security Agreement and Registration Rights Agreement (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.. [Balance of page intentionally left blank; signature page follows]
Appears in 1 contract
Sources: Secured Convertible Minimum Borrowing Note (Farmstead Telephone 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.. -----------------------------------------------------------------------------------------------------------------
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. [Balance of page intentionally left blank; signature page follows.]
Appears in 1 contract
Sources: Secured Convertible Minimum Borrowing Note (Elinear Inc)
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.. . 06/27/2005 9
Appears in 1 contract
Sources: Secured Convertible Minimum Borrowing Note (360 Global Wine Co)
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.
Appears in 1 contract