Contract Construction; Headings; Counterparts Sample Clauses

Contract Construction; Headings; Counterparts. Whenever the context of this Agreement permits, the masculine gender shall include the feminine and neuter genders (and vice versa), and reference to singular or plural shall be interchangeable with the other. The invalidity or unenforceability of any one or more provisions of this Agreement shall not affect the other provisions, and the parties intend that this Agreement shall be construed and reformed in all respects as if any such invalid or unenforceable provision(s) were omitted or, at the direction of a court, modified in order to give effect to the intent and purposes of this Agreement. References in this Agreement to particular sections of the Code or the Delaware Act or any other statute shall be deemed to refer to such sections or provisions as they may be amended after the date of this Agreement. Captions in this Agreement are for convenience only and do not define or limit any term of this Agreement. It is the intention of the parties that every covenant, term and provision of this Agreement shall be construed simply according to its fair meaning and not strictly for or against any party (notwithstanding any rule of law requiring an Agreement to be strictly construed against the drafting party), it being understood that the parties to this Agreement are sophisticated and have had adequate opportunity and means to retain counsel to represent their interests and to otherwise negotiate the provisions of this Agreement. This Agreement, together with the related Subscription Agreement and any other agreement (if any) between the Company and any Member with respect to the Company or the matters herein referenced, which the Company is hereby authorized to enter into (“Other Agreement”), shall constitute the entire agreement and understanding among the respective parties to such agreements with respect to the subject matter hereof and thereof. There are no representations, warranties or agreements made by the Company except to the extent set forth in this Agreement, the Subscription Agreements and any such Other Agreement (if applicable). This Agreement or any amendment hereto may be signed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute one agreement or amendment, as the case may be. * * * * * * *
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Contract Construction; Headings; Counterparts. (a) Whenever the context of this Agreement permits, the masculine gender shall include the feminine and neuter genders, and reference to singular or plural shall be interchangeable with the other.
Sample 1Sample 2
Contract Construction; Headings; Counterparts. Whenever the context of this Agreement permits, the masculine gender shall include the feminine and neuter genders (and vice versa), and reference to singular or plural shall be interchangeable with the other. The invalidity or unenforceability of any one or more provisions of this Agreement shall not affect the other provisions, and the parties intend that this Agreement shall be construed and reformed in all respects as if any such invalid or unenforceable provision(s) were omitted or, at the direction of a court, modified in order to give effect to the intent and purposes of this Agreement. References in this Agreement to particular sections of the Code or the Delaware Act or any other statute shall be deemed to refer to such sections or provisions as they may be amended after the date of this Agreement. Captions in this Agreement are for convenience only and do not define or limit any term of this Agreement. It is the intention of the parties that every covenant, term and provision of this Agreement shall be construed simply according to its fair meaning and not strictly for or against any party (notwithstanding any rule of law requiring an Agreement to be strictly construed against the drafting party), it being understood that the parties to this Agreement are sophisticated and have had adequate opportunity and means to retain counsel to represent their interests and to otherwise negotiate the provisions of this
Sample 1
Contract Construction; Headings; Counterparts. Whenever the context of this Agreement permits, the masculine gender shall include the feminine and neuter genders (and vice versa), and reference to singular or plural shall be interchangeable with the other. The invalidity or unenforceability of any one or more provisions of this Agreement shall not affect the other provisions, and this Agreement shall be construed and reformed in all respects as if any such invalid or unenforceable provision(s) were omitted or, at the direction of a court, modified in order to give effect to the intent and purposes of this Agreement. The words “include” and “
Sample 1
Contract Construction; Headings; Counterparts. Sole Discretion 37 14.8.9 Entire Agreement; Side Letters 38 Appendix I Definitions Appendix II Regulatory and Tax Allocations LEAD EDGE PARTNERS OPPORTUNITY XXII, LP AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT of Lead Edge Partners Opportunity XXII, LP (the “Partnership”), dated as of this [ ]day of [ ], 2018, by and among LEPO XXII Advisors, LLC, a limited liability company organized under the laws of the State of Delaware, as the General Partner; Xxxxxxxx X. Xxxxx , as the withdrawing limited partner (the “Withdrawing Initial Partner”); and those firms, corporations and other Persons listed in the List of Partners as limited partners who execute a counterpart of this Agreement (directly or by power of attorney) as limited partners as of the date hereof (the “Limited Partners”). The General Partner and the Limited Partners are sometimes referred to herein collectively as the “Partners.” The General Partner and the Withdrawing Initial Partner formed the Partnership as a Delaware limited partnership by executing the Limited Partnership Agreement of the Partnership, dated as of August 3, 2018 (the “Original Partnership Agreement”), and by filing with the Secretary of State of the State of Delaware a certificate of limited partnership on August 3, 2018 (as amended from time to time hereafter, the “Certificate”). The General Partner, the Withdrawing Initial Partner and the Limited Partners desire to amend and restate the Original Partnership Agreement (as so amended and restated hereby and as amended from time to time hereafter, this “Agreement”) as hereinafter provided, and in consideration of the premises and the agreements herein contained and intending to be legally bound hereby, agree as follows:
Sample 1

Related to Contract Construction; Headings; Counterparts

  • SEVERABILITY; CONSTRUCTION; HEADINGS If any provision of this Warrant is prohibited by law or otherwise determined to be invalid or unenforceable by a court of competent jurisdiction, the provision that would otherwise be prohibited, invalid or unenforceable shall be deemed amended to apply to the broadest extent that it would be valid and enforceable, and the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions of this Warrant so long as this Warrant as so modified continues to express, without material change, the original intentions of the parties as to the subject matter hereof and the prohibited nature, invalidity or unenforceability of the provision(s) in question does not substantially impair the respective expectations or reciprocal obligations of the parties or the practical realization of the benefits that would otherwise be conferred upon the parties. The parties will endeavor in good faith negotiations to replace the prohibited, invalid or unenforceable provision(s) with a valid provision(s), the effect of which comes as close as possible to that of the prohibited, invalid or unenforceable provision(s). This Warrant 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 Warrant are for convenience of reference and shall not form part of, or affect the interpretation of, this Warrant.

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