Mutual Drafting. The Parties 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 shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 29 contracts
Samples: Asset Purchase Agreement (Christopher & Banks Corp), Asset Purchase Agreement (J C Penney Co Inc), Asset Purchase Agreement (Sugarfina Corp)
Mutual Drafting. The Parties have Each party has participated jointly in the negotiation and drafting of this Agreement. In , which each party acknowledges is the result of extensive negotiations between the parties; accordingly, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 28 contracts
Samples: Tender and Support Agreement, Merger Agreement (Rocket Fuel Inc.), Tender and Support Agreement (ConvergeOne Holdings, Inc.)
Mutual Drafting. The Parties have Each party hereto has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of extensive negotiations between the parties. In the event an of any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 26 contracts
Samples: Partnership Interest Purchase Agreement, Asset Purchase Agreement (Isle of Capri Casinos Inc), Option Agreement (Isle of Capri Casinos Inc)
Mutual Drafting. The Parties have Each party hereto has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of extensive negotiations between the parties. In the event an any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 12 contracts
Samples: Equity Purchase Agreement (Golden Entertainment, Inc.), Interest Purchase Agreement (Red Rock Resorts, Inc.), Interest Purchase Agreement
Mutual Drafting. The Parties parties have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, and this Agreement shall be construed as if drafted jointly by the Parties and no without regard to any presumption or burden rule requiring construction or interpretation in favor of proof shall arise favoring or disfavoring against any Party party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 10 contracts
Samples: Merger Agreement (Pokertek, Inc.), Agreement and Plan of Merger (Sealed Air Corp/De), Merger Agreement (Diversey Holdings, Inc.)
Mutual Drafting. The Parties have participated jointly in the negotiation and drafting of this Agreement. In Agreement with the assistance of counsel and other advisors and, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if jointly drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any provision of the provisions this Agreement or interim drafts of this Agreement.
Appears in 10 contracts
Samples: Stockholder Agreement (Altice USA, Inc.), Separation and Exchange Agreement (Safety Shot, Inc.), Separation and Exchange Agreement (Safety Shot, Inc.)
Mutual Drafting. The Parties have Each party has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of extensive negotiations between the parties. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreementprovision.
Appears in 9 contracts
Samples: Shareholder Agreement, Shareholder Agreement (Ferroglobe PLC), Shareholder Agreement (Ferroglobe PLC)
Mutual Drafting. The Parties have Each Party has participated jointly in the negotiation and drafting of this Agreement. In , which each Party acknowledges is the result of extensive negotiations between the Parties; accordingly, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties Parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 9 contracts
Samples: Merger Agreement (Checkpoint Systems Inc), Merger Agreement (Sutron Corp), Merger Agreement (Conceptus Inc)
Mutual Drafting. The Parties have Each party hereto has participated jointly in the negotiation and drafting of this Agreement. In , which each party hereto acknowledges is the result of extensive negotiations between the parties hereto; accordingly, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any Party party hereto by virtue of the authorship of any of the provisions of this Agreement.
Appears in 8 contracts
Samples: Voting Agreement (Paragon 28, Inc.), Voting Agreement (Zimmer Biomet Holdings, Inc.), Voting Agreement (Paragon 28, Inc.)
Mutual Drafting. The Parties parties 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 shall be construed as if drafted jointly by the Parties parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any Party party hereto by virtue of the authorship of any of the provisions of this Agreement.
Appears in 8 contracts
Samples: Termination Agreement (Hunt Companies Finance Trust, Inc.), Termination Agreement (Five Oaks Investment Corp.), Purchase Agreement (Olin Corp)
Mutual Drafting. The Parties parties 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 shall will be construed as if drafted jointly by the Parties parties hereto and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue party hereto because of the authorship of any of the provisions provision of this Agreement. This Agreement is the joint product of the Subscriber and the Company and each provision hereof has been subject to the mutual consultation, negotiation and agreement of such parties and shall not be construed for or against any party hereto.
Appears in 8 contracts
Samples: Securities Subscription Agreement (Israel Amplify Program Corp.), Securities Subscription Agreement (Israel Amplify Program Corp.), Securities Subscription Agreement (Israel Amplify Program Corp.)
Mutual Drafting. The Parties have Each party hereto has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of extensive negotiations between the parties. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreementprovision.
Appears in 8 contracts
Samples: Merger Agreement (Big Cypress Acquisition Corp.), Sponsor Support Agreement (Osprey Technology Acquisition Corp.), Merger Agreement (Osprey Technology Acquisition Corp.)
Mutual Drafting. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this This Agreement shall be construed as if drafted jointly by the Parties and no without regard to any presumption or burden of proof shall arise favoring rule requiring construction or disfavoring interpretation against the Party drafting or causing any Party by virtue of the authorship of any of the provisions of this Agreementinstrument to be drafted.
Appears in 7 contracts
Samples: Tax Matters Agreement (DOVER Corp), Tax Matters Agreement (Apergy Corp), Tax Matters Agreement (Apergy Corp)
Mutual Drafting. The Parties have Each party has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of extensive negotiations between the parties. In Accordingly, the parties agree that in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 7 contracts
Samples: Voting and Lock Up Agreement, Voting and Lock Up Agreement (Ardsley Advisory Partners), Voting and Lock Up Agreement (Marrone Bio Innovations Inc)
Mutual Drafting. The Parties parties hereto have participated jointly in the negotiation and drafting of this Agreement. In Agreement and, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if jointly drafted jointly by the Parties parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions provision of this Agreement. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instrument to be drafted.
Appears in 6 contracts
Samples: Voting and Support Agreement (Velocity Financial, Inc.), Voting and Support Agreement (Velocity Financial, Inc.), Merger Agreement (Blackhawk Network Holdings, Inc)
Mutual Drafting. The Parties have Each party hereto has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of extensive negotiations between the parties. In the event an that any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 6 contracts
Samples: Membership Interest Purchase Agreement (Boyd Gaming Corp), Equity Interest Purchase Agreement (PNK Entertainment, Inc.), Membership Interest Purchase Agreement (Gaming & Leisure Properties, Inc.)
Mutual Drafting. The Parties have Each party hereto has participated jointly in the negotiation and drafting of this Agreement. In , which each party hereto acknowledges is the result of extensive negotiations between the parties; accordingly, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 6 contracts
Samples: Tender and Support Agreement, Tender and Support Agreement (Southwall Technologies Inc /De/), Tender and Support Agreement (Southwall Technologies Inc /De/)
Mutual Drafting. The Parties have Each party has participated jointly in the negotiation and drafting of this AgreementAgreement which each party acknowledges is the result of negotiation between the parties and the language used in this Agreement shall be deemed to be the language chosen by the parties to express their mutual intent. In the event an If ambiguity or question of intent or interpretation arises, then this Agreement shall will accordingly be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall will arise favoring or disfavoring any Party party to this Agreement by virtue of the authorship of any of the provisions of this Agreement.
Appears in 5 contracts
Samples: Settlement Agreement (ConnectM Technology Solutions, Inc.), Settlement Agreement (Mullen Automotive Inc.), Settlement Agreement (Jet.AI Inc.)
Mutual Drafting. The Parties have Each Party has participated jointly in the negotiation and drafting of this Agreement, which each Party acknowledges is the result of extensive negotiations between the Parties. In the event an that any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties Parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 5 contracts
Samples: Master Lease Commitment and Rent Allocation Agreement, Master Lease Commitment and Rent Allocation Agreement (Penn National Gaming Inc), Master Lease Commitment and Rent Allocation Agreement (Boyd Gaming Corp)
Mutual Drafting. The Parties have Each party has jointly participated jointly in the negotiation and drafting of this which Agreement, which each party acknowledges is the result of extensive negotiations between the parties. In the event an If any ambiguity or question of or intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreementprovision.
Appears in 4 contracts
Samples: Tender and Support Agreement (Science 37 Holdings, Inc.), Tender and Support Agreement (Science 37 Holdings, Inc.), Tender and Support Agreement (Science 37 Holdings, Inc.)
Mutual Drafting. The Parties have participated jointly in the negotiation and drafting of this AgreementAgreement and the language used in this Agreement shall be deemed to be the language chosen by the Parties to express their mutual intent. In the event If an ambiguity or question of intent or interpretation arises, then this Agreement shall will accordingly be construed as if drafted jointly by the Parties Parties, and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Sorrento Therapeutics, Inc.), Stock Purchase Agreement (Scilex Holding Co), Stock Purchase Agreement (Sorrento Therapeutics, Inc.)
Mutual Drafting. The Parties parties 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 shall will be construed as if drafted jointly by the Parties parties hereto and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue party hereto because of the authorship of any of the provisions provision of this Agreement.
Appears in 4 contracts
Samples: Securities Subscription Agreement (Social Capital Suvretta Holdings Corp. I), Securities Subscription Agreement (Social Capital Suvretta Holdings Corp. II), Securities Subscription Agreement (Social Capital Suvretta Holdings Corp. IV)
Mutual Drafting. The Parties have Each party has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of extensive negotiations between the parties. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if it is drafted jointly by all the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 4 contracts
Samples: Voting Agreement (Clean Energy Technologies, Inc.), Voting Agreement (Gulfmark Offshore Inc), Securities Purchase Agreement (Gulfmark Offshore Inc)
Mutual Drafting. The Parties parties have participated jointly in the negotiation and drafting of this Agreement. In the event of an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 4 contracts
Samples: Intellectual Property License Agreement, Software and Technology Sub License Agreement (Espre Solutions Inc), Intellectual Property License Agreement (Espre Solutions Inc)
Mutual Drafting. The Parties have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event that an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties Parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 4 contracts
Samples: Merger Agreement (FNCB Bancorp, Inc.), Merger Agreement (LINKBANCORP, Inc.), Merger Agreement (Partners Bancorp)
Mutual Drafting. The Parties parties hereto have participated jointly in the negotiation and drafting of this Agreement. In Agreement and, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if jointly drafted jointly by the Parties parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (Alj Regional Holdings Inc), Purchase Agreement (Investview, Inc.), Asset Purchase Agreement (Capitol Bancorp LTD)
Mutual Drafting. The Parties parties have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event If an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 3 contracts
Samples: Tender and Support Agreement (Qumu Corp), Tender and Support Agreement (Dover Motorsports Inc), Tender and Support Agreement (Papa Murphy's Holdings, Inc.)
Mutual Drafting. The Parties have Each Party has participated jointly in the negotiation and drafting of this Agreement, which each Party acknowledges is the result of good faith negotiations among the Parties. In the event an any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties Parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Monarch Casino & Resort Inc), Stock Purchase Agreement (Riviera Holdings Corp), Membership Interest Purchase Agreement (Full House Resorts Inc)
Mutual Drafting. The Parties have Each party has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of extensive negotiations between the parties. In Accordingly, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 3 contracts
Samples: Merger Agreement (Smart & Final Stores, Inc.), Tender and Support Agreement (Michaels Companies, Inc.), Tender and Support Agreement (First Street Merger Sub, Inc.)
Mutual Drafting. The Parties have Each Party has participated jointly in the negotiation and drafting of this Agreement, which each Party acknowledges is the result of extensive negotiations between the Parties. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if it is drafted jointly by all the Parties Parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 3 contracts
Samples: Merger Agreement (Pinnacle Gas Resources, Inc.), Merger Agreement (Dell Inc), Share Issuance Agreement (China North East Petroleum Holdings LTD)
Mutual Drafting. The Parties have Each party hereto has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of extensive negotiations between the parties. In the event an that any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Eldorado Resorts, Inc.), Equity Interest Purchase Agreement (CAESARS ENTERTAINMENT Corp), Equity Interest Purchase Agreement (Penn National Gaming Inc)
Mutual Drafting. The Each of the Parties have has participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 3 contracts
Samples: Equity and Asset Purchase Agreement (Priority Technology Holdings, Inc.), Asset Purchase Agreement, Asset Purchase Agreement (Wet Seal Inc)
Mutual Drafting. The Parties 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 shall will be construed as if drafted jointly by the Parties and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 3 contracts
Samples: Master Acquisition Agreement (Esterline Technologies Corp), Stock Purchase Agreement (Office Depot Inc), Master Acquisition Agreement (Esterline Technologies Corp)
Mutual Drafting. The Parties have Each party has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of extensive negotiations between the parties. In the event an that any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 2 contracts
Samples: Membership Interest Purchase Agreement (Boyd Gaming Corp), Membership Interest Purchase Agreement (Penn National Gaming Inc)
Mutual Drafting. The Parties parties hereto have participated jointly in the negotiation and drafting of this Agreement. In Agreement with the assistance of counsel and other advisors and, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if jointly drafted jointly by the Parties parties hereto and thereto, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 2 contracts
Samples: Consulting Agreement (Engaged Capital LLC), Consulting Agreement (Elliott Associates, L.P.)
Mutual Drafting. The Parties hereto have participated jointly in the negotiation and drafting of this Agreement. In Agreement and, in the event of an ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if jointly drafted jointly by the Parties hereto and no presumption or burden of proof shall will arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 2 contracts
Samples: Walmart Moneycard Program Agreement (Green Dot Corp), Walmart Moneycard Program Agreement (Green Dot Corp)
Mutual Drafting. The Parties parties have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event that an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Penn National Gaming Inc), Merger Agreement (Tropicana Las Vegas Hotel & Casino, Inc.)
Mutual Drafting. The Parties have Each Party hereto has participated jointly in the negotiation and drafting of this Agreement, which each Party acknowledges is the result of extensive negotiations between the Parties. In the event an any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 2 contracts
Samples: Real Estate Purchase Agreement, Real Estate Purchase Agreement (Eldorado Resorts, Inc.)
Mutual Drafting. The Parties parties hereto have participated jointly in the negotiation and drafting of this Agreement. In ; accordingly, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly collectively by the Parties parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any Party party hereto by virtue of the authorship of any of the provisions of this Agreement.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Universal Technical Institute Inc), Stock Purchase Agreement (Universal Technical Institute Inc)
Mutual Drafting. The Parties have Each party hereto has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of good faith negotiations between the parties. In the event an any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 2 contracts
Samples: Membership Interest Purchase Agreement (Leucadia National Corp), Purchase Agreement (Churchill Downs Inc)
Mutual Drafting. The Parties parties hereto have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event that an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any Party party hereto by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 2 contracts
Samples: Merger Agreement (Stock Building Supply Holdings, Inc.), Merger Agreement (International Rectifier Corp /De/)
Mutual Drafting. The Parties have Each party hereto has participated jointly in the negotiation and drafting of this Agreement, which each such party acknowledges is the result of extensive negotiations between the parties. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreementprovision.
Appears in 2 contracts
Samples: Stockholders Agreement (Carpenter Technology Corp), Merger Agreement (Carpenter Technology Corp)
Mutual Drafting. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises, this This Agreement shall be construed as if drafted jointly by the Parties parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 2 contracts
Samples: Service Agreement, Service Agreement
Mutual Drafting. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event Agreement and, if an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if jointly drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 2 contracts
Samples: Contribution Agreement (Phillips Edison Grocery Center Reit I, Inc.), Contribution Agreement (Phillips Edison Grocery Center Reit I, Inc.)
Mutual Drafting. The Parties 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 shall be the construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Samples: Asset Purchase Agreement
Mutual Drafting. The Parties have parties participated jointly in the negotiation and drafting of this AgreementAgreement and the language used in this Agreement shall be deemed to be the language chosen by the parties to express their mutual intent. In the event If an ambiguity or question of intent or interpretation arises, then this Agreement shall will accordingly be construed as if drafted jointly by the Parties parties to this Agreement, and no presumption or burden of proof shall will arise favoring or disfavoring any Party party to this Agreement by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Mutual Drafting. The Parties have Each party has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of extensive negotiations between the parties. In Accordingly, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.. ***Signature Pages Follow***
Appears in 1 contract
Mutual Drafting. The Parties parties 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 shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Mutual Drafting. The Parties hereto have participated jointly in the negotiation and drafting of this Agreement. In Agreement with the assistance of counsel and other advisors and, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if jointly drafted jointly by the Parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 1 contract
Samples: Indemnification Agreement (Richmond Brothers, Inc.)
Mutual Drafting. The Parties have Each party has participated jointly in the negotiation and drafting of this Letter Agreement. In , which each party acknowledges is the result of extensive negotiations between the parties; accordingly, in the event an ambiguity or question of intent or interpretation arises, this Letter Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Letter Agreement.
Appears in 1 contract
Samples: Agreement Regarding Non Competition, Non Solicitation and Confidentiality (Danaher Corp /De/)
Mutual Drafting. The Parties parties 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 shall be construed as if drafted jointly by the Parties parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Samples: Joint Venture Contribution and Formation Agreement (SEACOR Marine Holdings Inc.)
Mutual Drafting. The Parties parties hereto have participated jointly in the negotiation and drafting of this Agreement. In Agreement and, in the event of an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if jointly drafted jointly by the Parties parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any Party party hereto by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 1 contract
Samples: Investment Agreement (Plymouth Industrial REIT Inc.)
Mutual Drafting. The Parties have Each party hereto has participated jointly in the negotiation and drafting of this Agreement, which each party hereto acknowledges is the result of extensive negotiations between the parties. In the event an of any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Samples: Asset Purchase Agreement (Nevada Gold & Casinos Inc)
Mutual Drafting. The Parties have Each party hereto has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of extensive negotiations between the parties. 60 In the event an that any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Mutual Drafting. The Parties have Each party has participated jointly in the negotiation and drafting of this Agreement. In letter agreement, which each party acknowledges is the result of extensive negotiations between the parties; accordingly, in the event an ambiguity or question of intent or interpretation arises, this Agreement letter agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreementletter agreement.
Appears in 1 contract
Samples: Equity Commitment Letter (Firstcity Financial Corp)
Mutual Drafting. The Parties shall be deemed to have participated jointly in the negotiation and drafting of this Agreement. In Accordingly, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any Party hereto by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Mutual Drafting. The Parties have Each Party has participated jointly in the negotiation and drafting of this Agreement, which each Party acknowledges is the result of extensive negotiations between the Parties. In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of or proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Mutual Drafting. The Parties have Each party has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of good faith negotiations between the parties. In the event an any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Samples: Merger Agreement (Callaway Golf Co)
Mutual Drafting. The Parties have participated jointly in the negotiation and drafting of this Agreement. In ; accordingly, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly collectively by the Parties Parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Mutual Drafting. The Parties have Each party hereto has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of extensive negotiations between the parties. In the event an any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Samples: Securities Purchase Agreement (Isle of Capri Casinos Inc)
Mutual Drafting. The Parties have Each Party has participated jointly in the negotiation and drafting of this Agreement, which each Party acknowledges is the result of good faith negotiations among the Parties. In the event an any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Samples: Interest Purchase Agreement (Full House Resorts Inc)
Mutual Drafting. The Parties have Each party hereto has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of extensive negotiations between the parties. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall will arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreementprovision.
Appears in 1 contract
Mutual Drafting. The Parties have Each party hereto has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of extensive negotiations between the Parties. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreementprovision.
Appears in 1 contract
Samples: Merger Agreement (Osprey Technology Acquisition Corp.)
Mutual Drafting. The Parties have participated jointly in the negotiation and drafting of this Agreement. In Accordingly, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any Party hereto by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Samples: Stockholders Agreement (K12 Inc)
Mutual Drafting. The Parties 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 shall be construed as if drafted jointly by the Parties Parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any controversy concerning the construction of this Agreement should be decided neutrally and without regard to authorship.
Appears in 1 contract
Samples: Settlement Agreement
Mutual Drafting. The Parties have Each Party has participated jointly in the negotiation and drafting of this Agreement, which each Party acknowledges is the result of extensive negotiations between the Parties. In the event an If any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if jointly drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 1 contract
Samples: Merger Agreement (Nuvasive Inc)
Mutual Drafting. The Parties parties hereto have participated jointly in the negotiation and drafting of this Agreement. In ; accordingly, in the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any Party party hereto by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Samples: Stock Purchase Agreement (Sensata Technologies Holding N.V.)
Mutual Drafting. The Parties have Each Party hereto has participated jointly in the negotiation and drafting of this Agreement, which each Party acknowledges is the result of extensive negotiations between the Parties. In the event If an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties Parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreementprovision.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (Retrophin, Inc.)
Mutual Drafting. The Parties have participated jointly in the negotiation negotiating and drafting of this Agreement. In the event an ambiguity , and this Agreement will be construed without regard to any presumption or question of intent rule requiring construction or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption in favor of or burden of proof shall arise favoring or disfavoring any against a Party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 1 contract
Samples: Stock Purchase Agreement (Allied Motion Technologies Inc)
Mutual Drafting. The Parties have Each party hereto has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of extensive negotiations between the parties. In the event of an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Samples: Purchase Agreement (Hcp, Inc.)
Mutual Drafting. The Parties 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 shall be construed as if drafted jointly by the Parties Parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Mutual Drafting. The Parties agree that for all purposes of this Agreement they shall be deemed to have participated jointly in the negotiation and drafting of this Agreement. In the event an If any ambiguity or question questions of intent or interpretation arises, then (a) this Agreement shall be construed as if drafted jointly by the Parties and (b) no provision shall be construed more severely against any Party. Without limiting the generality of the preceding sentence, no presumption or burden of proof shall arise or apply favoring or disfavoring any Party by virtue of the authorship of any of the one or more provisions of this Agreement.
Appears in 1 contract
Mutual Drafting. The Parties 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 shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any either Party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Mutual Drafting. The Parties have Each Party has participated jointly in the negotiation and drafting of this Agreement, which each party acknowledges is the result of good faith negotiations between the parties. In the event an any ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties parties and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any of the provisions of this Agreement.
Appears in 1 contract
Mutual Drafting. The Parties 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 shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.. Section 10.14
Appears in 1 contract
Mutual Drafting. The Parties 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 shall be construed as if jointly drafted jointly by the Parties Parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions provision of this Agreement.
Appears in 1 contract
