Construing Agreement. Upon delivery to the Security Trustee of any Deed of Accession referred to in Clause 30.1 (Joinder of Additional Company) and subject to the Security Trustee being satisfied that the security provided by each of the other Companies is not adversely affected in any way by the proposed accession of the Additional Company (and, if any such security may be adversely affected, that all such action as the Security Trustee may require will have been taken on or prior to the relevant Deed of Accession taking effect in order to ensure that any such adverse effect is avoided), this Debenture shall henceforth be read and construed as if each Person which is a party to such Deed of Accession as an Additional Company were a party hereto having all the rights and obligations of a Company hereunder and all references in this Debenture to "Company" or "Companies" shall be construed accordingly. SCHEDULE 2 Form of Deed of Accession THIS DEED OF ACCESSION (this "Deed") is made on the [.] day of [.], [.], between:
Construing Agreement. This Agreement shall not be construed more strictly against one Party than another merely by virtue of the fact that it may have been drafted initially by counsel for one of the Parties. It is acknowledged that all Parties have contributed substantially to the preparation of this Agreement.
Construing Agreement. If a dispute arises between the Parties over the meaning or application of this Agreement, then this Agreement is to be construed fairly and reasonably and neither more strongly for nor against either Party. Each Party acknowledges that it has been represented by counsel of its choice throughout all negotiations that have preceded the execution of this Agreement and that it has executed the same with the advice of said independent counsel. Each Party and its counsel cooperated in the drafting and preparation of this Agreement and the documents referred to herein, and any and all drafts relating thereto exchanged between the Parties shall be deemed jointly drafted by the Parties and may not be construed against any Party by reason of its preparation. Accordingly any rule of Law or any legal decision that would require interpretation of any ambiguities in this Agreement against any Party that drafted it is of no application and is hereby expressly waived.
Construing Agreement. Both Columbia and Coxxxxx xave cooperated and participated in the drafting and preparaxxxx xx this Agreement. Accordingly, Cochran hereby acknowledges and agrees that this Agreement shall not xx xxxstrued or interpreted in favor of or against either Cochran or Columbia by virtue of the identity of the preparer.
Construing Agreement. 45 SCHEDULE 1 THE COMPANIES SCHEDULE 2 FORM OF DEED OF ACCESSION SCHEDULE 3 CHARGED SHARES SCHEDULE 4 FORM OF NOTICE TO COUNTERPARTIES OF ASSIGNED AGREEMENTS SCHEDULE 5 GUARANTIES SCHEDULE 6 PROPERTIES SCHEDULE 7 ADDITIONAL ASSIGNED AGREEMENTS SCHEDULE 8 FORM OF NOTICE OF CHARGE SCHEDULE 9 SPECIAL ACCOUNTS THIS DEBENTURE is made the 15th day of May 2001, between:
Construing Agreement. Upon delivery to the Security Trustee of any Deed of Accession referred to in Clause 30.1 (Joinder of Additional Company) and subject to the Security Trustee being satisfied that the security provided by each of the other Companies is not adversely affected in any way by the proposed accession of the Additional Company (and, if any such security may be adversely affected, that all such action as the Security Trustee may require will have been taken on or prior to the relevant Deed of Accession taking effect in order to ensure that any such adverse effect is avoided), this Debenture shall henceforth be read and construed as if each Person which is a party to such Deed of Accession as an Additional Company were a party hereto having all the rights and obligations of a Company hereunder and all references in this Debenture to "Company" or "Companies" shall be construed accordingly. SCHEDULE 1 The Companies/1/ Company Name Company No: -------------------------------------------------------------------------------------- APW Enclosure Products and Systems Limited 03618668 APW Enclosure Systems Holdings Limited 03618666 Applied Power Limited 03528602 APW Electronics Group plc 02889677 APW Electronics Limited 00701364 Xxxxxx Line Limited 01287685 APW New Forest Limited 01357306 APW Power Supplies Ltd 02037578 APW Enclosure Systems plc 00098900 APW Enclosure Systems (UK) Limited 00962534 Towerflame Limited 03671739 Air Cargo Equipment (UK) Limited 02221971 -------------------------------------------------------------------------------------- /1/ Based upon group structure chart provided by APW to Bank of America and dated March 23, 2001. SCHEDULE 2 Form of Deed of Accession THIS DEED OF ACCESSION (this "Deed") is made on the [] day of [], [], between:
Construing Agreement. This Agreement shall not be construed more stringently against the drafting party since all parties and their respective counsel contributed to the negotiation and drafting of this Agreement and each party has had the advice of separate and independent legal counsel in the review and drafting of this Agreement. If any litigation arises from this Agreement, the prevailing party may recover reasonable attorney's fees and costs.
Construing Agreement. Upon delivery to the Security Trustee of any Obligor Deed of Accession referred to in Clause 16.1, this Agreement shall henceforth be read and construed as if each person which is a party to such Obligor Deed of Accession as an Additional Obligor were a party hereto having all the rights and obligations of an Obligor hereunder and all references in this Agreement to "Obligor" or "Obligors" shall be construed accordingly.
