Counterparts; Miscellaneous. This Amendment may be executed in any number of counterparts with the same effect as if all signers executed the same instrument. All counterparts of this Amendment must be construed together and will constitute one instrument. This Amendment is a Loan Document. Time is of the essence with respect to this Amendment. The Parties acknowledge and confirm that each of their respective attorneys has participated or has had the opportunity to participate jointly in the review and revision of this Amendment and that it has not been written solely by counsel for one party. The Parties therefore stipulate and agree that the rule of construction to the effect that any ambiguities are to or may be resolved against the drafting Party will not favor either Party against the other. The terms and provisions of this Amendment are binding upon and inure to the benefit of the Parties and their successors and assigns.
Counterparts; Miscellaneous. This Agreement may be executed and delivered (including by facsimile transmission or .pdf format) in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The headings used herein are for convenience only and the parties agree that such headings are not to be construed to be part of this Agreement or to be used in determining the meaning or interpretation of this Agreement. Unless the context otherwise requires, whenever used in this Agreement the singular shall include the plural, the plural shall include the singular, and the masculine gender shall include the neuter or feminine gender and vice versa. Except as otherwise expressly provided herein, no failure on the part of any party to exercise, and no delay in exercising, any right, power or remedy hereunder, or otherwise available in law or in equity, shall operate as a waiver thereof, nor shall any single or partial exercise of such right, power or remedy by such party preclude any other or further exercise thereof or the exercise of any other right, power or remedy. If any provision of this Agreement or the application thereof, becomes or is declared by a court of competent jurisdiction to be illegal, void or unenforceable, the remainder of this Agreement will continue in full force and effect so long as the remaining provisions do not fundamentally alter the relations among the parties.
Counterparts; Miscellaneous. This Agreement may be executed and delivered (including by facsimile transmission or .pdf format) in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The headings used herein are for convenience only and the parties agree that such headings are not to be construed to be part of this Agreement or to be used in determining the meaning or interpretation of this Agreement. Unless the context otherwise requires, whenever used in this Agreement the singular shall include the plural, the plural shall include the singular, and the masculine gender shall include the neuter or feminine gender and vice versa.
Counterparts; Miscellaneous. Section 3.1. This Amendment may be signed in two or more counterparts which, when taken together, shall constitute one and the same instrument.
Counterparts; Miscellaneous. This Termination Agreement may be executed in any number of counterparts each of which when so executed and delivered shall be deemed to be an original, but all such counterparts shall constitute one and the same agreement. This Termination Agreement may be executed by scanned PDF signatures exchanged by e-mail and, if so executed, such scanned PDF signatures shall be deemed originals for all purposes. From time to time hereafter, each of the parties hereto hereby agree to do all such acts and things and to execute and deliver, or cause to be executed and delivered all such documents, notices, instruments and agreements as may be necessary or desirable to give effect to the provisions and intent of this Termination Agreement. All capitalized terms used but not otherwise defined herein shall have the meanings ascribed to them in the applicable Master Lease.
Counterparts; Miscellaneous. This Amendment may be executed in one or more counterparts each of which when taken together shall constitute but one original. As used in this Amendment, and unless otherwise indicated, "hereby" means by this Amendment; "herein" means in this Amendment; "hereof" means of this Amendment; and similar words shall have similar references to this Amendment.
Counterparts; Miscellaneous. 41 AGREEMENT AND PLAN OF MERGER AGREEMENT AND PLAN OF MERGER, dated as of August 13, 1997 (this "Agreement"), among CytoTherapeutics, Inc., a Delaware corporation ("Parent"), CTI Acquisition, Corp., a California corporation and a wholly owned subsidiary of Parent ("Merger Sub") and StemCells, Inc., a California corporation (the "Company").
Counterparts; Miscellaneous. This Agreement may be executed in one or more counterparts, and by the different parties hereto in separate counterparts, each of which when executed shall be deemed to have been executed simultaneously and shall be deemed to be an original but all of which taken together shall constitute one and the same agreement. This Agreement is to be deemed to have been prepared jointly by the parties hereto, and any uncertainty or ambiguity existing herein, if any, shall not be interpreted against any party, but shall be interpreted according to the application of the rules of interpretation for agreements that have been negotiated at arm's-length. To the extent not prohibited by applicable law which cannot be waived, all of the rights and remedies of the parties hereunder shall be cumulative. [This space intentionally left blank.]
Counterparts; Miscellaneous. This Agreement may be executed in any number of counterparts, which together shall be effective as if they were a single document, with such counterparts being delivered by facsimile with the originals being transmitted by mail or courier service. Each person signing this Agreement in a representative capacity represents and warrants that he has full and lawful authority from the party he represents to make, execute and deliver this document and perform hereunder on behalf of such party. Other than as expressly set forth herein, this Agreement embodies the entire agreement between the parties with respect to the subject matter hereof, and the parties further acknowledge that this Agreement is not executed in reliance on any promise, representation or warranty not contained herein. The parties have executed this agreement as of the date first above written. M/G Xxxxx, Inc. By: /s/ Xxxxxxx Xxxxx --------------------- Xxxxxxx Xxxxx /s/ Xxxxxxx Xxxxx ------------------------- Xxxxxxx Xxxxx, Individually /s/ Carter Fortune ------------------------- Carter Fortune WOW Entertainment, Inc. By: /s/ Xxxxxxx X Xxxxx --------------------- Xxxxxxx X. Xxxxx Women of Wrestling, Inc. By: /s/ Xxxxxxx X. Xxxxx --------------------- Xxxxxxx X. Xxxxx
Counterparts; Miscellaneous. This agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. All defined terms used, but not defined, herein shall have the meaning ascribed to them in the Purchase and Sale Agreement.
