Independent Counsel. Each of the Parties acknowledges that it has been represented by independent counsel of its choice throughout all negotiations that have preceded the execution of this Agreement and that it has executed the same with consent and upon 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 will be deemed the work product of 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 the Party that drafted it is of no application and is hereby expressly waived.
Appears in 22 contracts
Samples: Share Exchange Agreement (Nxu, Inc.), Board Designation Agreement (Enservco Corp), Series a Notes and Common Share Purchase Agreement (Akumin Inc.)
Independent Counsel. Each of the Parties acknowledges that it has been represented by independent counsel of its choice throughout all negotiations that have preceded the execution of this Agreement and that it has executed the same with consent and upon 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 will be deemed the work product of the Parties and may not be construed against any Party by reason of its preparation. Accordingly, any rule of Law law or any legal decision that would require interpretation of any ambiguities in this Agreement against the Party that drafted it is of no application and is hereby expressly waived.
Appears in 14 contracts
Samples: Board Representation and Observation Agreement (Kimbell Royalty Partners, LP), Series a Preferred Unit Purchase Agreement (Kimbell Royalty Partners, LP), Board Observer and Confidentiality Agreement (Civitas Resources, Inc.)
Independent Counsel. Each of the Parties parties acknowledges that it has been represented by independent counsel of its choice throughout all negotiations that have preceded the execution of this Agreement and that it has executed the same with consent and upon the advice of said independent counsel. Each Party 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 will be deemed the work product of the Parties parties and may not be construed against any Party party by reason of its preparation. Accordingly, any rule of Law law or any legal decision that would require interpretation of any ambiguities in this Agreement against the Party party that drafted it is of no application and is hereby expressly waived.
Appears in 5 contracts
Samples: Credit Agreement (Clayton Williams Energy Inc /De), Credit Agreement (Clayton Williams Energy Inc /De), Warrant Agreement (Clayton Williams Energy Inc /De)
Independent Counsel. Each of the Parties parties acknowledges that it has been represented by independent counsel of its choice throughout all negotiations that have preceded the execution of this Agreement and that it has executed the same with consent and upon the advice of said independent counsel. Each Party 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 will be deemed the work product of the Parties parties and may not be construed against any Party 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 the Party party that drafted it is of no application and is hereby expressly waived.
Appears in 4 contracts
Samples: Director Designation Agreement (New Source Energy Partners L.P.), Investment Agreement (Triangle Petroleum Corp), Director Designation Agreement (K-Sea Transportation Partners Lp)
Independent Counsel. Each of the Parties acknowledges that it has been represented by independent counsel of its choice throughout all negotiations that have preceded the execution of this Agreement and that it has executed the same with consent and upon 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 will be deemed the work product of the Parties and may not be construed against any Party by reason of its preparation. Accordingly, any rule of Law law or any legal decision that would require interpretation of any ambiguities in this Agreement against the Party party that drafted it is of no application and is hereby expressly waived.
Appears in 3 contracts
Samples: Director Designation Agreement, Director Designation Agreement (Ute Energy Upstream Holdings LLC), Director Designation Agreement (Ute Energy Upstream Holdings LLC)
Independent Counsel. Each of the Parties parties acknowledges that it has been represented by independent counsel of its choice throughout all negotiations that have preceded the execution of this Agreement and that it has executed the same with consent and upon the advice of said independent counsel. Each Party 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 will shall be deemed the work product of the Parties parties and may not be construed against any Party party by reason of its preparation. Accordingly, any rule of Law law or any legal decision that would require interpretation of any ambiguities in this Agreement against the Party party that drafted it is of no application and is hereby expressly waived. The provisions of this Agreement shall be interpreted in a reasonable manner to effect the intentions of the parties and this Agreement.
Appears in 2 contracts
Samples: Merger Agreement (U S Vision Inc), Merger Agreement (Clark Dick Productions Inc)
