Mutual Drafting. This Agreement is the mutual product of the Parties, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Parties, and shall not be construed for or against any Party hereto.
Appears in 20 contracts
Samples: Membership Interest Purchase Agreement (Humbl, Inc.), Membership Interest Purchase Agreement (Humbl, Inc.), Securities Purchase Agreement (Humbl, Inc.)
Mutual Drafting. This Agreement is the mutual product of the Parties, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Parties, and shall not be construed for or against any Party heretoParty.
Appears in 19 contracts
Samples: Reorganization and Acquisition Agreement (22nd Century Group, Inc.), Asset Purchase Agreement (Peizer Terren S), Asset Purchase Agreement (Biovie Inc.)
Mutual Drafting. This Agreement is the mutual joint product of the Parties, parties hereto and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Parties, parties hereto and shall not be construed for or against any Party heretoparty.
Appears in 16 contracts
Samples: Note Purchase Agreement (Direct Selling Acquisition Corp.), Note Purchase Agreement (OCA Acquisition Corp.), Merger Agreement (GigCapital4, Inc.)
Mutual Drafting. This Agreement is the mutual joint product of the PartiesParties hereto and their respective counsel, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Partiessuch Parties and counsel, and shall not be construed for or against any either Party heretohereto on the basis of authorship thereof.
Appears in 11 contracts
Samples: Administrative Services Agreement (Jukebox Hits Vol. 1 LLC), Administrative Services Agreement (Jukebox Hits Vol. 1 LLC), Platform Access Agreement (Jukebox Hits Vol. 1 LLC)
Mutual Drafting. This Agreement is the mutual product of the Parties, parties hereto and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Parties, party and shall not be construed for or against any Party heretoparty.
Appears in 6 contracts
Samples: Purchase and Assumption Agreement (Riverview Bancorp Inc), Purchase and Assumption Agreement (H&r Block Inc), Purchase and Assumption Agreement (Ames National Corp)
Mutual Drafting. This Each provision of this Agreement is the mutual product of the Parties, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Parties, parties and shall not be construed for or against any Party party hereto.
Appears in 6 contracts
Samples: Backstop Agreement (OpSec Holdings), Backstop Agreement (OpSec Holdings), Business Combination Agreement (OpSec Holdings)
Mutual Drafting. This Agreement is the mutual joint product of the Parties, Parties and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Parties, Parties and shall not be construed for or against any Party heretoParty.
Appears in 6 contracts
Samples: Share Purchase Agreement (AppTech Payments Corp.), Share Purchase Agreement (AppTech Payments Corp.), Share Purchase Agreement (Energem Corp)
Mutual Drafting. This Agreement is the mutual product of the Partiesparties hereto, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Partiesparties, and shall not be construed for or against any Party of the parties hereto.
Appears in 5 contracts
Samples: Employment Termination Agreement (Stout Jon M), Securities Repurchase Agreement (Analex Corp), Voting Termination Agreement (Stout Jon M)
Mutual Drafting. This Agreement is the mutual joint product of the Partiesparties --------------- hereto, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Partiesparties, and shall not be construed for or against any Party party hereto.
Appears in 5 contracts
Samples: Merger Agreement (Talk City Inc), Merger Agreement (Numerical Technologies Inc), Agreement and Plan of Reorganization (Ticketmaster Online Citysearch Inc)
Mutual Drafting. This Agreement is the mutual product of the Parties, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Parties, and shall not be construed for or against any Party hereto, but according to the application of the rules of interpretation of contracts.
Appears in 4 contracts
Samples: Membership Interest Purchase Agreement (Booz Allen Hamilton Holding Corp), Purchase Agreement (Global Defense Technology & Systems, Inc.), Stock Purchase Agreement (Global Defense Technology & Systems, Inc.)
Mutual Drafting. This Agreement is the mutual product of the Parties, Parties and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Parties, and shall not be construed for or against any Party hereto.
Appears in 4 contracts
Samples: Exchange Agreement (Us Energy Corp), Series a Convertible Preferred Stock Purchase Agreement, Series a Convertible Preferred Stock Purchase Agreement (Us Energy Corp)
Mutual Drafting. This Agreement is the mutual product of the Parties, parties hereto and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Partiesparties, and shall not be construed for or against any Party party hereto.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Bnccorp Inc), Purchase Agreement (Chrome Energy LLC), Stock Purchase Agreement (Bnccorp Inc)
Mutual Drafting. This Agreement is the mutual product of the Parties--------------- parties hereto, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Partiesparties, and shall not be construed for or against any Party party hereto.
Appears in 4 contracts
Samples: Interest Purchase Agreement (Navigant International Inc), Agreement and Plan of Reorganization (Us Office Products Co), Securities Purchase Agreement (Urs Corp /New/)
Mutual Drafting. This Agreement is the mutual joint product of the Parties, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties and each of the PartiesParty’s respective legal counsel and advisors, and any rule of construction that a document shall be interpreted or construed against the drafting Party shall not be construed for or against any Party heretoapplicable with respect to this Agreement.
Appears in 3 contracts
Samples: Development, Distribution and Licensing Agreement, License and Distribution Agreement (BG Medicine, Inc.), License and Distribution Agreement (BG Medicine, Inc.)
Mutual Drafting. This Agreement is the mutual product of the Parties, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Parties, and shall not be construed for entire or against any Party hereto.
Appears in 3 contracts
Samples: Merger Agreement (Humbl, Inc.), Stock Purchase Agreement (Humbl, Inc.), Merger Agreement (Humbl, Inc.)
Mutual Drafting. This Agreement is the mutual product of the Partiesparties, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Partiesparties, and shall not be construed for or against any Party heretoparty.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Cartica Acquisition Corp), Governance Agreement (CompoSecure, Inc.), Letter Agreement Regarding the Purchase of a Majority of the Shares (CompoSecure, Inc.)
Mutual Drafting. This Agreement is the mutual product of the PartiesParties hereto, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Parties, and shall not be construed for or against any Party hereto.
Appears in 3 contracts
Samples: Merger Agreement (Gene Logic Inc), Stock Purchase Agreement (Advanced Communication Systems Inc), Put and Right of First Refusal Agreement (Tc Group LLC)
Mutual Drafting. This Agreement is the mutual product of the Parties, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Parties, and shall not be construed for or against any Party heretoParty, but according to the application of the rules of interpretation of contracts.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Global Defense & National Security Systems, Inc.), Merger Agreement (Chart Acquisition Corp.), Equity Transfer and Acquisition Agreement (Chart Acquisition Corp.)
Mutual Drafting. This Agreement is the mutual product of the Parties, and each provision hereof has been subject to the mutual consultation, negotiation negotiation, and agreement of each of the Parties, and shall not be construed for or against any Party. Each Party heretoacknowledges and represents that it has been represented by its own legal counsel in connection with the transactions contemplated hereby, with the opportunity to seek advice as to its legal rights from such counsel.
Appears in 3 contracts
Samples: Transition Services Agreement (Innovative Food Holdings Inc), Transition Services Agreement (BM Technologies, Inc.), Transition Services Agreement (Customers Bancorp, Inc.)
Mutual Drafting. This Agreement is the mutual product of the Partiesparties hereto, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Partiesparties, and shall not be construed for or against any Party party hereto.. [The remainder of this page is intentionally left blank]
Appears in 3 contracts
Samples: Asset Purchase Agreement (Footstar Inc), Asset Purchase Agreement (Footstar Inc), Asset Purchase Agreement (Baker J Inc)
Mutual Drafting. This Agreement is constitutes the mutual joint product of the Parties, parties and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Parties, parties and shall not be construed for or against any Party heretoeither of them by virtue of the authorship thereof.
Appears in 2 contracts
Samples: Warrant Agreement (eLong, Inc.), Warrant Agreement (eLong, Inc.)
Mutual Drafting. This Agreement is the mutual product of the Partiesparties, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Partiesparties, and shall not be construed for or against any Party party hereto.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Humbl, Inc.), Separation and Standstill Agreement (United American Healthcare Corp)
Mutual Drafting. This Agreement is the mutual joint product of the Partiesparties hereto, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Parties, such parties and shall not be construed for or against any Party party hereto.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Battery Future Acquisition Corp.), Securities Purchase Agreement (Battery Future Acquisition Corp.)
Mutual Drafting. This Agreement is the mutual product of the Partiesparties, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Partiesparties, and shall not be construed for or against any Party heretoparty by virtue of the authorship thereof.
Appears in 2 contracts
Samples: Merger Agreement (VPC Impact Acquisition Holdings), Voting Agreement (Bakkt Holdings, Inc.)
Mutual Drafting. This Agreement is the mutual product of the Parties, and each provision hereof has been subject to the mutual consultation, negotiation negotiation, and agreement of each of the Parties, and shall not be construed for or against any Party hereto, but according to the application of the rules of interpretation of contracts. Each Party waives the application of any Law or rule of construction providing that ambiguities in an agreement or other document will be construed against the Party drafting such agreement or document.
Appears in 2 contracts
Samples: Asset Purchase Agreement (LeapCharger Corp), Asset Purchase Agreement (Blue Chip Technologies Corp.)
Mutual Drafting. This Agreement is the mutual product of the Partiesparties hereto, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Parties, parties and shall not be construed for or against any Party party hereto.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Sizmek Inc.), Stock Purchase Agreement (Insweb Corp)
Mutual Drafting. This Agreement is the mutual product of the Partiesparties hereto, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Partiesparties hereto, and shall not be construed for or against any Party party hereto.
Appears in 2 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement (Cynosure Inc)
Mutual Drafting. This Agreement is the mutual joint product of the Parties, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each the Parties and their respective legal counsel and advisers and any rule of construction that a document shall be interpreted or construed against the Parties, and drafting Party shall not be construed for or against any Party heretoapplicable.
Appears in 2 contracts
Samples: Manufacturing Support Services Agreement, Manufacturing Support Services Agreement (Inverness Medical Innovations Inc)
Mutual Drafting. This Agreement is the mutual product of the Partiesparties, and each provision hereof has been subject to the mutual consultation, negotiation negotiation, and agreement of each of the Partiesparties, and shall not be construed for or against any Party heretoparty.
Appears in 2 contracts
Samples: Registration Rights Agreement (Binah Capital Group, Inc.), Registration Rights Agreement (Binah Capital Group, Inc.)
Mutual Drafting. This Agreement is constitutes the mutual joint product of the Parties, and each parties hereto. Each provision hereof has been subject to the mutual consultation, negotiation consultation and agreement of each of the Parties, such parties and shall not be construed for or against any Party heretoeither of them.
Appears in 2 contracts
Samples: Consulting Agreement (Transportation & Logistics Systems, Inc.), License and Supply Agreement (Insmed Inc)
Mutual Drafting. This Agreement is the mutual product of the Parties, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Parties, Parties and shall not be construed for or against any Party heretoParty.
Appears in 2 contracts
Samples: Merger Agreement (Western Liberty Bancorp), Merger Agreement (Global Consumer Acquisition Corp.)
Mutual Drafting. This Agreement is the mutual product of the Partiesparties hereto, and each provision hereof of this Agreement has been subject to the mutual consultation, negotiation and agreement of each of the Parties, parties and shall not be construed for or against any Party party hereto.
Appears in 1 contract
Samples: Merger Agreement (RetailMeNot, Inc.)
Mutual Drafting. This Agreement is the mutual product of the Parties, and each provision hereof has been subject to the mutual consultation, negotiation negotiation, drafting and agreement of each of the Parties, Parties and shall not be construed for or against any Party heretoeither Party.
Appears in 1 contract
Mutual Drafting. This Agreement is the mutual me joint product of the Parties, parties hereto and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Parties, parties and shall not be construed for or against any Party party hereto.
Appears in 1 contract
Samples: Petroleum Feedstock Agreement (Macquarie Infrastructure CO Trust)
Mutual Drafting. This Agreement is the mutual product of the Parties, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Partiesparties, and shall not be construed for or against any Party party hereto.
Appears in 1 contract
Mutual Drafting. This Agreement is the mutual product of the Parties, --------------- and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Parties, and shall not be construed for or against any Party hereto.
Appears in 1 contract
Samples: Merger Agreement (Lifeminders Inc)
Mutual Drafting. This Agreement is the mutual product of the Partiesparties, and each provision hereof has been subject to the mutual consultation, negotiation negotiation, and agreement of each of the Partiesparty, and shall not be construed for or against any Party heretoeither party.
Appears in 1 contract
Mutual Drafting. This Agreement is the mutual product of the Parties, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Parties, and shall not be construed for or against any Party heretoParty. Each party acknowledges and represents that it has been represented by its own legal counsel in connection with the transactions contemplated hereby, with the opportunity to seek advice as to its legal rights from such counsel.
Appears in 1 contract
Mutual Drafting. This Agreement is the mutual joint product of the Parties, Parties and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties and each of the PartiesParty’s respective legal counsel and advisors, and any rule of construction that a document shall be interpreted or construed against the drafting Party shall not be construed for or against any Party heretoapplicable with respect to this Agreement.
Appears in 1 contract
Samples: License and Distribution Agreement (BG Medicine, Inc.)
Mutual Drafting. This Agreement is the mutual product of the Partiesparties, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Partiesparties, and shall not be construed for or against any Party party hereto, but according to the application of the rules of interpretation of contracts. Each party waives the application of any law or rule of construction providing that ambiguities in an agreement or other document will be construed against the party drafting such agreement or document.
Appears in 1 contract
Samples: Option Surrender Agreement (Clean Energy Fuels Corp.)
Mutual Drafting. This Agreement is the mutual product of the Parties, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Parties, and shall not be construed for or against any Party. Each Party heretoacknowledges and represents that it has been represented by its own legal counsel in connection with the transactions contemplated hereby, with the opportunity to seek advice as to its legal rights from such counsel.
Appears in 1 contract
Samples: Transition Services Agreement (Customers Bancorp, Inc.)
Mutual Drafting. This Agreement is the mutual product of the Partiesparties hereto, and each provision hereof of this Agreement has been subject to the mutual consultation, negotiation and agreement of each of the Parties, parties and shall not be construed for or against any Party heretoparty hereto as a result of any rule of construction relating to the authorship of such provision.
Appears in 1 contract
Samples: Merger Agreement (Arthrocare Corp)
Mutual Drafting. This Agreement is the mutual product of the Partiesparties, and each provision hereof of this Agreement has been subject to the mutual consultation, negotiation and agreement of each the parties. Neither party will be entitled to claim that any provision should be construed against the other party by reason of the Parties, and shall not be construed for or against any Party heretofact that it was drafted by one particular party.
Appears in 1 contract
Samples: Asset Purchase Agreement (American Virtual Cloud Technologies, Inc.)
Mutual Drafting. This Agreement is the mutual product of the --------------- Parties, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Parties, and shall not be construed for or against any Party hereto.
Appears in 1 contract
Mutual Drafting. This Agreement is the mutual joint product of the Parties---------------- parties hereto and their respective counsel, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Partiessuch parties and counsel, and shall not be construed for or against any Party heretoparty hereto on the basis of authorship thereof.
Appears in 1 contract
Mutual Drafting. This Agreement is the mutual joint product of the Parties, Parties and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Parties, Parties and shall not be construed for or against any Party heretoparty.
Appears in 1 contract
Samples: Stockholder Support Agreement (Roth CH Acquisition v Co.)
Mutual Drafting. This Agreement is the mutual product of the Partiesparties, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Agreement Parties, and shall not be construed for or against any Agreement Party hereto.
Appears in 1 contract
Samples: Investment Agreement (Security Associates International Inc)
Mutual Drafting. This Agreement is the mutual joint product of the Partiesparties hereto and their respective counsel, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Partiessuch parties and counsel, and shall not be construed for or against any Party heretoparty hereto on the basis of authorship thereof.
Appears in 1 contract
Mutual Drafting. This Agreement is the mutual product of the Partiesparties --------------- hereto, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Partiesparties, and shall not be construed for or against any Party party hereto.
Appears in 1 contract
Samples: Stock Purchase Agreement (Industrial Training Corp)
Mutual Drafting. This Agreement is the mutual product of the PartiesParties hereto, and each provision hereof has been subject to the mutual consultation, negotiation negotiation, and agreement of each of the Parties, and shall not be construed for or against any Party hereto.
Appears in 1 contract
Mutual Drafting. This Agreement is and the other documents contemplated hereby are the mutual product of the Parties, and each provision hereof and thereof has been subject to the mutual consultation, negotiation and agreement of each of the Parties, and shall not be construed for or against any Party heretoby virtue of the authorship of this Agreement or such other documents.
Appears in 1 contract
Samples: Asset Purchase Agreement (AmpliPhi Biosciences Corp)
Mutual Drafting. This Agreement is the mutual product of the Partiesparties hereto, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Partiesparties, and shall not be construed for or against any Party party hereto. Each party to this Agreement acknowledges and represents that it has been represented by its own legal counsel in connection with the transactions contemplated by this Agreement, with the opportunity to seek advice as to its legal rights from such counsel.
Appears in 1 contract
Mutual Drafting. This Agreement is the mutual joint product of the Parties, parties hereto and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Parties, such parties and shall not be construed for or against any Party heretosuch parties.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Epitope Inc/Or/)
Mutual Drafting. This Agreement is the mutual product of the Parties, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Parties, and shall not be construed for or against any Party hereto, but according to the application of the rules of interpretation of contracts. Each Party waives the application of any Law or rule of construction providing that ambiguities in an agreement or other document will be construed against the Party drafting such agreement or document.
Appears in 1 contract
Mutual Drafting. This Agreement is the mutual product of the PartiesParties --------------- hereto, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Parties, and shall not be construed for or against any Party party hereto.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Integral Systems Inc /Md/)
Mutual Drafting. This Agreement is the mutual product of the Parties, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Parties, and shall not be construed for or against any Party hereto, but according to the application of the rules of interpretation of contracts. Each Party waives the application of any Law or rule of construction providing that ambiguities in an agreement or other document will be construed against the party drafting such agreement or document.
Appears in 1 contract
Samples: Asset Purchase Agreement (Catalyst Biosciences, Inc.)
Mutual Drafting. This Agreement is the mutual product of the Parties, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Parties, Party and shall not be construed for or against any Party heretoParty.
Appears in 1 contract
Samples: Purchase and Assumption Agreement (Blue Valley Ban Corp)
Mutual Drafting. This Agreement is the mutual product of the Parties, parties hereto and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Parties, and shall not be construed for or against any Party heretoparty.
Appears in 1 contract
Mutual Drafting. This Agreement is the mutual product of the Parties, and each . Each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Parties, and shall not be construed for or against any Party hereto.
Appears in 1 contract
Mutual Drafting. This Agreement is the mutual product of the Partiesparties hereto, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Partiesparties, and shall not be construed for or against any Party party hereto.
Appears in 1 contract
Samples: Merger Agreement (Candies Inc)
Mutual Drafting. This Agreement is the mutual product of the Partiesparties hereto, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Partiesparties, and shall not be construed for or against any Party party hereto. The RECITALS to this Agreement is hereby incorporated into this Agreement by reference.
Appears in 1 contract
Mutual Drafting. This Agreement is the mutual joint product of the Parties, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the PartiesAgents and the Purchaser, and shall not be construed for or against any Party heretoParty.
Appears in 1 contract
Samples: Agency Purchase Agreement (Shanda Interactive Entertainment LTD)
Mutual Drafting. This Agreement is the mutual joint product of the Parties, . and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties and each of the PartiesParty’s respective legal counsel and advisors, and any rule of construction that a document shall be interpreted or construed against the drafting Party shall not be construed for or against any Party heretoapplicable with respect to this Agreement.
Appears in 1 contract
Samples: License and Distribution Agreement (BG Medicine, Inc.)
Mutual Drafting. This Agreement is the mutual work product of the Partiesparties hereto, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of each of the Partiesparties, and shall not be construed for or against any Party heretoparty hereto on the basis that such party drafted such provision.
Appears in 1 contract
Samples: Membership Interests Purchase Agreement (Affinion Group, Inc.)
Mutual Drafting. This Agreement is the mutual joint product of the PartiesParties and their respective counsel, and each provision hereof of this Agreement has been subject to the mutual consultation, negotiation and agreement of each of the PartiesParties and counsel, and shall not be construed for or against any Party heretoon the basis of authorship.
Appears in 1 contract
Samples: Settlement and License Agreement (Intuitive Surgical Inc)
