Descriptive Headings; Interpretation; No Strict Construction. The descriptive headings of this Agreement are inserted for convenience only and do not constitute a substantive part of this Agreement. Whenever required by the context, any pronoun used in this Agreement will include the corresponding masculine, feminine or neuter forms, and the singular forms of nouns, pronouns, and verbs will include the plural and vice versa. Reference to any agreement, document, or instrument means such agreement, document, or instrument as amended or otherwise modified from time to time in accordance with the terms of such agreement, document or instrument, and if applicable, of this Agreement. The use of the words “include” or “including” in this Agreement will be by way of example rather than by limitation. The use of the words “or,” “either” or “any” will not be exclusive. The parties to this Agreement have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement will be construed as if drafted jointly by the parties to this Agreement, and no presumption or burden of proof will arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. The parties agree that prior drafts of this Agreement will be deemed not to provide any evidence as to the meaning of any provision of this Agreement or the intent of the parties hereto with respect to this Agreement.
Appears in 8 contracts
Samples: Investor Rights Agreement (Emtec Inc/Nj), Investor Rights Agreement (Emtec Inc/Nj), Limited Liability Company Agreement (Language Line Services Holdings, Inc.)
Descriptive Headings; Interpretation; No Strict Construction. The descriptive headings of this Agreement are inserted for convenience only and do not constitute a substantive part of this Agreement. Whenever required by the context, any pronoun used in this Agreement will shall include the corresponding masculine, feminine or neuter forms, and the singular forms of nouns, pronouns, and verbs will shall include the plural and vice versa. Reference to any agreement, document, or instrument means such agreement, document, or instrument as amended or otherwise modified from time to time in accordance with the terms of such agreementthereof, document or instrumentand, and if applicable, of this Agreementhereof. The use of the words “include,” “includes” or “including” in this Agreement will shall be deemed to be followed by way of example rather than by “without limitation. .” The use of the words “or,” “either” or “any” will shall not be exclusive. The parties to this Agreement hereto have participated jointly in the negotiation and drafting of this Agreement. In the event If an ambiguity or question of intent or interpretation arises, this Agreement will shall be construed as if drafted jointly by the parties to this Agreementhereto, and no presumption or burden of proof will shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. The parties agree that prior drafts of this Agreement will be deemed not to provide any evidence as to the meaning of any provision of this Agreement or the intent of the parties hereto with respect to this Agreement.
Appears in 6 contracts
Samples: Investors’ Rights Agreement (IMH Financial Corp), Investors’ Rights Agreement (IMH Financial Corp), Investors’ Rights Agreement (IMH Financial Corp)
Descriptive Headings; Interpretation; No Strict Construction. The descriptive headings of this Agreement are inserted for convenience only and do not constitute a substantive part of this Agreement. Whenever required by the context, any pronoun used in this Agreement will include the corresponding masculine, feminine or neuter forms, and the singular forms of nouns, pronouns, and verbs will include the plural and vice versa. Reference to any agreement, document, or instrument means such agreement, document, or instrument as amended or otherwise modified from time to time in accordance with the terms of such agreement, document or instrumentthereof, and if applicable, of this Agreementapplicable hereof. The use of the words “include” or “including” in this Agreement will be by way of example rather than by limitation. The use of the words “or,” “either” or “any” will not be exclusive. The parties to this Agreement hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement will be construed as if drafted jointly by the parties to this Agreementhereto, and no presumption or burden of proof will arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. The parties agree that prior drafts of this Agreement will be deemed not to provide any evidence as to the meaning of any provision of this Agreement hereof or the intent of the parties hereto with respect to this Agreementhereto.
Appears in 3 contracts
Samples: Executive Employment Agreement (WideOpenWest, Inc.), Chairwoman Agreement (WideOpenWest Finance, LLC), Executive Employment Agreement (WideOpenWest Finance, LLC)
Descriptive Headings; Interpretation; No Strict Construction. The descriptive headings of this Agreement are inserted for convenience only and do not constitute a substantive part of this Agreement. Whenever required by the context, any pronoun used in this Agreement will include the corresponding masculine, feminine or neuter forms, and the singular forms of nouns, pronouns, pronouns and verbs will include the plural and vice versa. Reference to any agreement, document, document or instrument means such agreement, document, document or instrument as amended or otherwise modified from time to time in accordance with the terms of such agreement, document or instrumentinstrument and, and if applicable, of this Agreement. The use of the words “include” or “including” in this Agreement will be by way of example rather than by limitation. The use of the words “or,” “either” or “any” will not be exclusive. The parties to this Agreement have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement will be construed as if drafted jointly by the parties to this Agreement, and no presumption or burden of proof will arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. The parties agree that prior drafts of this Agreement will be deemed not to provide any evidence as to the meaning of any provision of this Agreement or the intent of the parties hereto with respect to this Agreement.
Appears in 2 contracts
Samples: Management Services Agreement (Grande Communications Holdings, Inc.), Registration Rights Agreement (Grande Communications Holdings, Inc.)
Descriptive Headings; Interpretation; No Strict Construction. The descriptive headings of this Agreement are inserted for convenience only and do not constitute a substantive part of this Agreement. Whenever required by the context, any pronoun used in this Agreement will shall include the corresponding masculine, feminine or neuter forms, and the singular forms of nouns, pronouns, and verbs will shall include the plural and vice versa. Reference to any agreement, document, or instrument means such agreement, document, or instrument as amended or otherwise modified from time to time in accordance with the terms of such agreement, document or instrumentthereof, and if applicable, of this Agreementapplicable hereof. The use of the words “"include” ," "includes" or “"including” " in this Agreement will shall be by way of example rather than by limitation. The use of the words “"or,” “" "either” " or “"any” will " shall not be exclusive. The parties to this Agreement Parties hereto have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement will shall be construed as if drafted jointly by each of the parties to this AgreementParties hereto, and no presumption or burden of proof will shall arise favoring or disfavoring any party Party by virtue of the authorship of any of the provisions of this Agreement. The parties agree that prior drafts of this Agreement will be deemed not to provide any evidence as to the meaning of any provision of this Agreement or the intent of the parties hereto with respect to this Agreement.
Appears in 1 contract
Descriptive Headings; Interpretation; No Strict Construction. The descriptive headings of this Agreement are inserted for convenience only and do not constitute a substantive part of this Agreement. Whenever required by the context, any pronoun used in this Agreement will include the corresponding masculine, feminine or neuter forms, and the singular forms of nouns, pronouns, and verbs will include the plural and vice versa. Reference to any agreement, document, or instrument means such agreement, document, or instrument as amended or otherwise modified from time to time in accordance with the terms of such agreement, document or instrumentthereof, and if applicable, of this Agreement. applicable hereof The use of the words “include” or “including” in this Agreement will be by way of example rather than by limitation. The use of the words “or,” “either” or “any” will not be exclusive. The parties to this Agreement hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement will be construed as if drafted jointly by the parties to this Agreementhereto, and no presumption or burden of proof will arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. The parties agree that prior drafts of this Agreement will be deemed not to provide any evidence as to the meaning of any provision of this Agreement hereof or the intent of the parties hereto with respect to this Agreementhereto.
Appears in 1 contract
Samples: Executive Employment Agreement (WideOpenWest, Inc.)
Descriptive Headings; Interpretation; No Strict Construction. The descriptive headings of this Agreement are inserted for convenience only and do not constitute a substantive part of this Agreement. Whenever required by the context, any pronoun used in this Agreement will shall include the corresponding masculine, feminine or neuter forms, and the singular forms of nouns, pronouns, and verbs will shall include the plural and vice versa. Reference to any agreement, document, or instrument means such agreement, document, or instrument as amended or otherwise modified from time to time in accordance with the terms of such agreement, document or instrumentthereof, and if applicable, of this Agreementapplicable hereof. The use of the words “"include” ," "includes" or “"including” " in this Agreement will shall be by way of example rather than by limitation. The use of the words “"or,” “" "either” " or “"any” will " shall not be exclusive. The parties to this Agreement hereto have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement will shall be construed as if drafted drafter jointly by the parties to this Agreementhereto, and no presumption or burden of proof will shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. The parties agree that prior drafts of this Agreement will be deemed not to provide any evidence as to the meaning of any provision of this Agreement or the intent of the parties hereto with respect to this Agreement.
Appears in 1 contract
Samples: Registration Rights Agreement (Tabletop Holdings Inc)
Descriptive Headings; Interpretation; No Strict Construction. The ------------------------------------------------------------ descriptive headings of this Agreement are inserted for convenience only and do not constitute a substantive part of this Agreement. Whenever required by the context, any pronoun used in this Agreement will shall include the corresponding masculine, feminine or neuter forms, and the singular forms of nouns, pronouns, and verbs will shall include the plural and vice versa. Reference to any agreement, document, or instrument means such agreement, document, or instrument as amended or otherwise modified from time to time in accordance with the terms of such agreementthereof and, document or instrument, and if applicable, of this Agreementhereof. The use of the words “"include” " or “"including” " in this Agreement will shall be by way of example rather than by limitation. The use of the words “"or,” “" "either” " or “"any” will " shall not be exclusive. The parties to this Agreement hereto have participated jointly in the negotiation and drafting of this Agreement. In the event If an ambiguity or question of intent or interpretation arises, this Agreement will shall be construed as if drafted jointly by the parties to this Agreementhereto, and no presumption or burden of proof will shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. The parties agree that prior drafts of this Agreement will be deemed not to provide any evidence as to the meaning of any provision of this Agreement or the intent of the parties hereto with respect to this Agreement.
Appears in 1 contract
Descriptive Headings; Interpretation; No Strict Construction. The descriptive headings of this Agreement are inserted for convenience only and do not constitute a substantive part of this Agreement. Whenever required by the context, any pronoun used in this Agreement will shall include the corresponding masculine, feminine or neuter forms, and the singular forms of nouns, pronouns, and verbs will shall include the plural and vice versa. Reference Except with respect to the certificate of incorporation, reference to any agreement, document, or instrument means such agreement, document, or instrument as amended or otherwise modified from time to time in accordance with the terms of such agreement, document or instrumentthereof, and if applicable, of this Agreementapplicable hereof. The use of the words “include” or “including” in this Agreement will shall be by way of example rather than by limitation. The use of the words “or,” “either” or “any” will shall not be exclusive. The parties to this Agreement hereto have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement will shall be construed as if drafted jointly by the parties to this Agreementhereto, and no presumption or burden of proof will shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. The parties agree that prior drafts of this Agreement will be deemed not to provide any evidence as to the meaning of any provision of this Agreement or the intent of the parties hereto with respect to this Agreement.
Appears in 1 contract
Samples: Second Amended and Restated Shareholders Agreement (Cbeyond Communications Inc)