Joint Participation in Drafting. Each party to this Agreement has participated in the negotiation and drafting of this Agreement and the other Transaction Documents. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement.
Appears in 43 contracts
Samples: Securities Purchase Agreement (Imageware Systems Inc), Securities Purchase Agreement (Imageware Systems Inc), Securities Purchase Agreement (ELAH Holdings, Inc.)
Joint Participation in Drafting. Each party to this Agreement has participated in the negotiation and drafting of this Agreement and the other Transaction DocumentsAgreement. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement.
Appears in 29 contracts
Samples: Common Stock Purchase Agreement (International Remote Imaging Systems Inc /De/), Series Cc Purchase Agreement, Common Stock Purchase Agreement (Baker Christopher P)
Joint Participation in Drafting. Each party to this Agreement has participated in the negotiation and drafting of this Agreement Agreement, the Certificate of Designation, the Warrants and the other Transaction DocumentsRegistration Rights Agreement. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement.
Appears in 12 contracts
Samples: Securities Purchase Agreement (Cenuco Inc), Securities Purchase Agreement (Cenuco Inc), Securities Purchase Agreement (Orchid Biosciences Inc)
Joint Participation in Drafting. Each party to this Agreement has participated in the negotiation and drafting of this Agreement and the other Transaction DocumentsAgreement. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Charlie's Holdings, Inc.), Securities Purchase Agreement (Cortex Pharmaceuticals Inc/De/), Exchange Agreement (P Com Inc)
Joint Participation in Drafting. Each party to this Agreement has participated in the negotiation and drafting of this Agreement and the other Transaction Documents. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement.
Appears in 6 contracts
Samples: Restructuring Support Agreement (Crossroads Systems Inc), Securities Purchase Agreement (210/P10 Acquisition Partners, LLC), Securities Purchase Agreement (210 Capital, LLC)
Joint Participation in Drafting. Each party to this Agreement has participated in the negotiation and drafting of this Agreement, the Registration Rights Agreement and the other Transaction DocumentsWarrants. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement, the Registration Rights Agreement or the Warrants.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Precision Optics Corporation Inc), Securities Purchase Agreement (International Microcomputer Software Inc /Ca/), Securities Purchase Agreement (International Microcomputer Software Inc /Ca/)
Joint Participation in Drafting. Each party to this Agreement has participated in the negotiation and drafting of this Agreement Agreement, the Registration Rights Agreements and the other Transaction DocumentsWarrants. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement, the Registration Rights Agreements or the Warrants.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Bam Entertainment Inc), Securities Purchase Agreement (Bam Entertainment Inc), Securities Purchase Agreement (Bam Entertainment Inc)
Joint Participation in Drafting. Each party to this Agreement has participated in the negotiation and drafting of this Agreement and the other Transaction DocumentsAgreement. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement.
Appears in 4 contracts
Samples: Employment Agreement (Netvalue Inc), Employment Agreement (Netvalue Inc), Employment Agreement (Netvalue Inc)
Joint Participation in Drafting. Each party to this Agreement has participated in the negotiation and drafting of this Agreement and the other Transaction DocumentsAgreement. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, intent and no rule of strict construction will shall be applied against any party to this Agreement.
Appears in 3 contracts
Samples: Exchange Agreement (Voxware Inc), Exchange Agreement (Voxware Inc), Exchange Agreement (Voxware Inc)
Joint Participation in Drafting. Each party to this Agreement has participated in the negotiation and drafting of this Agreement and the other Transaction DocumentsRegistration Rights Agreement. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Sangstat Medical Corp), Securities Purchase Agreement (Sangstat Medical Corp), Common Stock Purchase Agreement (Adept Technology Inc)
Joint Participation in Drafting. Each party to this Agreement has participated in the negotiation and drafting of this Agreement Agreement, the Debentures, the Registration Rights Agreement, and the other Transaction DocumentsWarrants. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement, the Debentures, the Registration Rights Agreement, or the Warrants.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Tidelands Oil & Gas Corp/Wa), Securities Purchase Agreement (Energy & Engine Technology Corp), Securities Purchase Agreement (Futuremedia PLC)
Joint Participation in Drafting. Each party to this Agreement has ------------------------------- participated in the negotiation and drafting of this Agreement Agreement, the Debentures, the Warrants and the other Transaction DocumentsRegistration Rights Agreement. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Knickerbocker L L Co Inc), Securities Purchase Agreement (Knickerbocker L L Co Inc)
Joint Participation in Drafting. Each party to this Agreement has participated in the negotiation and drafting of this Agreement Agreement, the Warrants and the other Transaction DocumentsRegistration Rights Agreement. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Cambridge Heart Inc), Securities Purchase Agreement (Cambridge Heart Inc)
Joint Participation in Drafting. Each party to this Agreement has ------------------------------- participated in the negotiation and drafting of this Agreement and the other Transaction DocumentsRegistration Rights Agreement. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement.
Appears in 2 contracts
Samples: Securities Purchase and Exchange Agreement (Ientertainment Network Inc), Securities Purchase and Exchange Agreement (Ientertainment Network Inc)
Joint Participation in Drafting. Each party Party to this Settlement Agreement has participated in the negotiation and drafting of this Agreement and the other Transaction DocumentsSettlement Agreement. As such, the language used herein and therein shall be deemed to be the language chosen by the parties Parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party Party to this Settlement Agreement.
Appears in 2 contracts
Samples: Settlement Agreement (PRECISION OPTICS Corp INC), Settlement Agreement (PRECISION OPTICS Corp INC)
Joint Participation in Drafting. Each party to this Agreement has participated in the negotiation and drafting of this Agreement and the other Transaction Documentsits drafting. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement.
Appears in 2 contracts
Samples: Employment Agreement (Ecal Corp), Employment Agreement (Ecal Corp)
Joint Participation in Drafting. Each party to this Agreement has participated in the negotiation and drafting of this Agreement Agreement, the Debentures, the Warrants and the other Transaction DocumentsRegistration Rights Agreement. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Icc Technologies Inc), Securities Purchase Agreement (Fidelity Holdings Inc)
Joint Participation in Drafting. Each party to this Agreement has participated in the negotiation and drafting of this Agreement Agreement, the Note and the other Transaction DocumentsRegistration Rights Agreement. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement.
Appears in 2 contracts
Samples: Note Purchase Agreement (Advanced Environmental Recycling Technologies Inc), Note Purchase Agreement (Advanced Environmental Recycling Technologies Inc)
Joint Participation in Drafting. Each party to this Agreement has Both parties have participated in the negotiation and drafting of this Agreement and the other Transaction DocumentsAgreement. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto Parties to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreementeither Party.
Appears in 2 contracts
Samples: Securities Transfer Agreement (Bona Film Group LTD), Securities Transfer Agreement (Bona Film Group LTD)
Joint Participation in Drafting. Each party to this Agreement has ------------------------------- participated in the negotiation and drafting of this Agreement Agreement, the Warrants and the other Transaction DocumentsRegistration Rights Agreement. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Open Market Inc), Securities Purchase Agreement (Open Market Inc)
Joint Participation in Drafting. Each party to this Agreement has participated in the negotiation and drafting of this Agreement and the other Transaction Documentsancillary documents. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Natural Gas Services Group Inc), Stock Purchase Agreement (Natural Gas Services Group Inc)
Joint Participation in Drafting. Each party to this Agreement has participated in the negotiation and drafting of this Agreement and the other Transaction Documentshereof. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will shall be applied against any party to this Agreement.
Appears in 2 contracts
Samples: Employment Agreement (Quest Diagnostics Inc), Employment Agreement (Quest Diagnostics Inc)
Joint Participation in Drafting. Each party to this Agreement and ------------------------------- to the Investment Agreements has participated in the negotiation and drafting of this Agreement and the other Transaction Documentssuch Agreements. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, intent and no rule of strict construction will shall be applied against any party to this Agreement.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Voxware Inc), Securities Purchase Agreement (Voxware Inc)
Joint Participation in Drafting. Each party to this Agreement has participated in the negotiation and drafting of this Agreement and the other Transaction DocumentsStandstill Agreement. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement and the Standstill Agreement. (*) Represents language that is redacted and subject to Confidential Treatment.
Appears in 1 contract
Samples: Securities Purchase Agreement (Genta Incorporated /De/)
Joint Participation in Drafting. Each party to this Agreement has participated in the negotiation and drafting of this Agreement Agreement, the Certificate of Designation and the other Transaction DocumentsRegistration Rights Agreement Amendment. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement.
Appears in 1 contract
Joint Participation in Drafting. Each party to this Agreement has participated in the negotiation and drafting of this Agreement Agreement, the Certificate of Designation, the Notes, the Replacement Warrants, the Security Documents and the other Transaction DocumentsRegistration Rights Agreement. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement.
Appears in 1 contract
Samples: Exchange Agreement (Virologic Inc)
Joint Participation in Drafting. Each party to this Agreement has -------------------------------- participated in the negotiation and drafting of this Agreement and the other Transaction DocumentsWarrants. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement.
Appears in 1 contract
Joint Participation in Drafting. Each party to this Agreement has participated in the negotiation and drafting of this Agreement Agreement, the Amended Notes, the New Warrants and the other Transaction DocumentsNew Registration Rights Agreement. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement.
Appears in 1 contract
Samples: Restructuring Agreement (Inkine Pharmaceutical Co Inc)
Joint Participation in Drafting. Each party to this Settlement Agreement has participated in the negotiation and drafting of this Agreement and the other Transaction DocumentsAgreement. As such, the language used herein and therein shall be deemed to be the language chosen by the parties Parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party Party to this Agreement.
Appears in 1 contract
Joint Participation in Drafting. Each party to this Agreement has ------------------------------- participated in the negotiation and drafting of this Agreement Agreement, the Notes and the other Transaction DocumentsRegistration Rights Agreement. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement.
Appears in 1 contract
Samples: Note Purchase Agreement (Advanced Environmental Recycling Technologies Inc)
Joint Participation in Drafting. Each party to this Agreement has ------------------------------- participated in the negotiation and drafting of this Agreement, the Registration Rights Agreement and the other Transaction DocumentsWarrants. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement, the Registration Rights Agreement or the Warrants.
Appears in 1 contract
Joint Participation in Drafting. Each party to this Agreement has participated in the negotiation and drafting of this Agreement Agreement, the Articles of Amendment and the other Transaction DocumentsRegistration Rights Agreement. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement.
Appears in 1 contract
Samples: Securities Purchase and Exchange Agreement (Interactive Magic Inc /Nc/)
Joint Participation in Drafting. Each party to this Agreement has participated in the negotiation and drafting of this Agreement and the other Transaction DocumentsAgreement. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement.
Appears in 1 contract
Samples: Option Exercise and License Agreement (Inovio Biomedical Corp)
Joint Participation in Drafting. Each party to this Agreement has participated in the negotiation and drafting of this Agreement and the other Transaction Documents. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement.
Appears in 1 contract
Samples: Securities Purchase Agreement (Merlin Software Technologies International Inc)
Joint Participation in Drafting. Each party to this Agreement has participated in the negotiation and drafting of this Agreement and the other Transaction DocumentsRegistration Rights Agreement. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement or the Registration Rights Agreement.
Appears in 1 contract
Joint Participation in Drafting. Each party to this Agreement has participated in the negotiation and drafting of this Agreement Agreement, the Registration Rights Agreement, the Warrants, the Notes and the other Transaction DocumentsEscrow Agreement. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement, the Registration Rights Agreement, the Warrants, the Notes or the Escrow Agreement.
Appears in 1 contract
Samples: Securities Purchase Agreement (Genetronics Biomedical Corp)
Joint Participation in Drafting. Each party to this Agreement has participated in the negotiation and drafting of this Agreement Agreement, the Note, the Warrants and the other Transaction DocumentsRegistration Rights Agreement. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement.
Appears in 1 contract
Samples: Securities Purchase Agreement (Interactive Magic Inc /Nc/)
Joint Participation in Drafting. Each party to this Agreement has participated in the negotiation and drafting of this Agreement Agreement, the Certificate of Designation, the Warrants and the other Transaction DocumentsRegistration Rights Agreements. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement.
Appears in 1 contract
Joint Participation in Drafting. Each party to this Agreement has participated in the negotiation and drafting of this Agreement and the other Transaction DocumentsDocuments to which it is a party. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement.. [SIGNATURE PAGES TO FOLLOW]
Appears in 1 contract
Samples: Securities Purchase Agreement (Henry Birks & Sons Inc)
Joint Participation in Drafting. Each party to this Agreement has participated in the negotiation and drafting of this Agreement Agreement, the Notes, the Warrants and the other Transaction DocumentsRegistration Rights Agreements. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement.
Appears in 1 contract
Samples: Securities Purchase Agreement (Waverider Communications Inc)
Joint Participation in Drafting. Each party to this Agreement has participated in the negotiation and drafting of this Agreement and the other Transaction Ancillary Documents. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement.
Appears in 1 contract
Samples: Securities Purchase Agreement (Natural Gas Services Group Inc)
Joint Participation in Drafting. Each party to this Agreement has ------------------------------- participated in the negotiation and drafting of this Agreement and the other Transaction DocumentsAgreement. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement.
Appears in 1 contract
Joint Participation in Drafting. Each party to this Agreement has participated in the negotiation and drafting of this Agreement Agreement, the Debentures, the Warrants and the other Transaction DocumentsRegistration Rights Agreement. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement.
Appears in 1 contract
Samples: Securities Purchase Agreement (Base Ten Systems Inc)
Joint Participation in Drafting. Each party to this Agreement has participated in the negotiation and drafting of this Agreement and the other Transaction Documents. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement.. (Signature Page Follows)
Appears in 1 contract
Samples: Securities Purchase Agreement (Cardiogenesis Corp /Ca)
Joint Participation in Drafting. Each party to this Agreement has participated in the negotiation and drafting of this Agreement, the Debentures, the Security Agreement, the Registration Rights Agreement and the other Transaction DocumentsWarrants. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement, the Debentures, the Security Agreement, the Registration Rights Agreement or the Warrants.
Appears in 1 contract
Samples: Securities Purchase Agreement (Interactive Television Networks)
Joint Participation in Drafting. Each party to this Agreement has participated in the negotiation and drafting of this Agreement Agreement, the Notes and the other Transaction DocumentsRegistration Rights Agreement. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement.
Appears in 1 contract
Samples: Note Purchase Agreement (Advanced Environmental Recycling Technologies Inc)
Joint Participation in Drafting. Each party to this Agreement has bas participated in the negotiation and drafting of this Agreement Agreement, the Note and the other Transaction Security Documents. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement.
Appears in 1 contract
Samples: Note Purchase Agreement (Advanced Environmental Recycling Technologies Inc)
Joint Participation in Drafting. Each party to this Agreement has participated in the negotiation and drafting of this Agreement and the other Transaction DocumentsWarrants. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this AgreementAgreement or the Warrants.
Appears in 1 contract
Joint Participation in Drafting. Each party to this Agreement has participated in the negotiation and drafting of this Agreement Agreement, the Certificate and the other Transaction DocumentsRegistration Rights Agreement. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, and no rule of strict construction will be applied against any party to this Agreement.
Appears in 1 contract
Samples: Securities Purchase Agreement (Worldwideweb Institute Com Inc)
Joint Participation in Drafting. Each party to this Agreement has ------------------------------- participated in the negotiation and drafting of this Agreement and the other Transaction DocumentsAgreement. As such, the language used herein and therein shall be deemed to be the language chosen by the parties hereto to express their mutual intent, intent and no rule of strict construction will shall be applied against any party to this Agreement.
Appears in 1 contract
Samples: Exchange Agreement (Voxware Inc)
