Mutual Drafting. This Agreement is the result of the joint efforts of Buyer and Sellers, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties and there is to be no construction against any Party based on any presumption of that Party’s involvement in the drafting thereof.
Appears in 11 contracts
Samples: Asset Purchase Agreement (BitNile Holdings, Inc.), Asset Purchase Agreement (Adams Resources & Energy, Inc.), Asset Purchase Agreement
Mutual Drafting. This Agreement is the result of the joint efforts of Buyer the Company and Sellerseach of the Purchasers, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties parties and there is to shall be no construction against any Party party based on any presumption of that Party’s party's involvement in the drafting thereof.
Appears in 7 contracts
Samples: Series D Convertible Preferred Stock Purchase Agreement (Inphonic Inc), Series C Convertible Preferred Stock Purchase Agreement (Inphonic Inc), Series B Convertible Preferred Stock Purchase Agreement (Inphonic Inc)
Mutual Drafting. This Agreement is the result of the joint efforts of Buyer the Company and Sellersthe Investor, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties parties and there is to shall be no construction against any Party party based on any presumption of that Party’s the party's involvement in the drafting thereof.
Appears in 6 contracts
Samples: Series a Convertible Preferred Stock Purchase Agreement (Net Value Holdings Inc), Series a Convertible Preferred Stock Purchase Agreement (Net Value Holdings Inc), Series a Convertible Preferred Stock Purchase Agreement (Net Value Holdings Inc)
Mutual Drafting. This Agreement is the result of the joint efforts of Buyer Seller and SellersATS, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties parties and there is to shall be no construction against any Party either party based on any presumption of that Party’s party's involvement in the drafting thereof.
Appears in 5 contracts
Samples: Asset Purchase Agreement (American Radio Systems Corp /Ma/), Asset Purchase Agreement (American Tower Systems Corp), Asset Purchase Agreement (American Radio Systems Corp /Ma/)
Mutual Drafting. This Agreement is the result of the joint efforts of Buyer Acquiror and Sellersthe Company, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties parties and there is to shall be no construction against any Party based on any presumption of that Party’s 's involvement in the drafting thereof.
Appears in 4 contracts
Samples: Merger Agreement (Iron Mountain Inc /De), Merger Agreement (Iron Mountain Inc /De), Merger Agreement (Iron Mountain Inc /De)
Mutual Drafting. This Agreement is the result of the joint efforts of Buyer the Company and Sellersthe Investors, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties parties and there is to shall be no construction against any Party party based on any presumption of that Partyparty’s involvement in the drafting thereof.
Appears in 4 contracts
Samples: Securities Purchase Agreement (PepperBall Technologies, Inc.), Securities Purchase Agreement (Security With Advanced Technology, Inc.), Securities Purchase Agreement (Security With Advanced Technology, Inc.)
Mutual Drafting. This Agreement is the result of the joint efforts of Buyer the Company, the Investor and Sellers, the Principal Stockholders and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties parties and there is to shall be no construction against any Party party based on any presumption of that Party’s the party's involvement in the drafting thereof.
Appears in 3 contracts
Samples: Co Sale Agreement (Net Value Holdings Inc), Co Sale Agreement (Net Value Holdings Inc), Co Sale Agreement (Net Value Holdings Inc)
Mutual Drafting. This Agreement is the result of the joint efforts of Buyer Purchaser and SellersSeller, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties parties and there is to be no construction against any Party either party based on any presumption of that Partyparty’s involvement in the drafting thereof.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Evergreen Solar Inc), Asset Purchase Agreement, Purchase Agreement (Mti Technology Corp)
Mutual Drafting. This Agreement is the result of the joint efforts of Buyer and SellersSeller, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties parties and there is to be no construction against any Party either party based on any presumption of that Party’s party's involvement in the drafting thereof.
Appears in 2 contracts
Samples: Asset Purchase Agreement, Stock Purchase Agreement (Imo Industries Inc)
Mutual Drafting. This Agreement is the result of the joint efforts of Buyer Purchaser and Sellers, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties parties and there is to be no construction against any Party either party based on any presumption of that Partyparty’s involvement in the drafting thereof.
Appears in 2 contracts
Samples: Asset Purchase Agreement (New Century Energy Corp.), Asset Purchase Agreement (New Century Energy Corp.)
Mutual Drafting. This Agreement is the result of the joint efforts of Buyer the Parent and Sellersthe Company, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties parties and there is to shall be no construction against any Party based on any presumption of that Party’s 's involvement in the drafting thereof.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (United Natural Foods Inc), Agreement and Plan of Reorganization (Desa International Inc)
Mutual Drafting. This Agreement is the result of the joint efforts of Buyer Buyer, Seller and Sellersthe Company, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties parties and there is to shall be no construction against any Party each party based on any presumption of that Partyparty’s involvement in the drafting thereof.
Appears in 2 contracts
Samples: Stock Purchase and Subscription Agreement (MGCC Investment Strategies Inc), Stock Purchase and Subscription Agreement (MGCC Investment Strategies Inc)
Mutual Drafting. This Agreement is the result of the joint efforts of Buyer the Company and Sellersthe Investors, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties parties and there is to shall be no construction against any Party party based on any presumption of that Party’s party's involvement in the drafting thereof.
Appears in 2 contracts
Samples: Note and Warrant Purchase Agreement (PepperBall Technologies, Inc.), Securities Purchase Agreement (PepperBall Technologies, Inc.)
Mutual Drafting. This Agreement is the result of the joint efforts of Buyer and SellersSeller, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties parties and there is to shall be no construction against any Party either party based on any presumption of that Party’s party's involvement in the drafting thereof.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Myers Industries Inc), Stock Purchase Agreement (Myers Industries Inc)
Mutual Drafting. This Agreement is the result of the joint efforts of Buyer and Sellers, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties parties and there is to be no construction against any Party either party based on any presumption of that Partyparty’s involvement in the drafting thereof.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Cable & Wireless Public Limited Co), Asset Purchase Agreement (Savvis Communications Corp)
Mutual Drafting. This Agreement is the result of the joint efforts of Buyer the Company and Sellerseach of the Purchasers, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties parties and there is to shall be no construction against any Party party based on any presumption of that Partyparty’s involvement in the drafting thereof.
Appears in 2 contracts
Samples: Series D 4 Convertible Preferred Stock and Warrant Purchase Agreement (Inphonic Inc), Series E Convertible Preferred Stock and Warrant Purchase Agreement (Inphonic Inc)
Mutual Drafting. This Agreement is the result of the joint efforts of Buyer and SellersSeller, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties parties and there is to be no construction against any either Party based on any presumption of that Party’s involvement in the drafting thereof.
Appears in 1 contract
Samples: Asset Purchase Agreement (Magellan Midstream Partners Lp)
Mutual Drafting. This Agreement is the result of the joint efforts of Buyer the Sellers and Sellersthe Buyers, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties and there is to shall be no construction against any either Party based on any presumption of that Party’s involvement in the drafting thereof.
Appears in 1 contract
Mutual Drafting. This Agreement is and the Ancillary Agreements are the result of the joint efforts of Buyer and Sellers, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties parties and there is to be no construction against any Party either party based on any presumption of that Partyparty’s involvement in the drafting thereof.
Appears in 1 contract
Mutual Drafting. This Agreement is the result of the joint efforts --------------- of Buyer and Sellersthe parties, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties parties and there is to shall be no construction against any Party party based on any presumption of that Party’s party's involvement in the drafting thereof. Each of the parties is a sophisticated legal entity or individual that was advised by experienced counsel and, to the extent it deemed necessary, other advisors in connection with this Agreement.
Appears in 1 contract
Samples: Stockholder/Optionee Agreement (American Tower Corp /Ma/)
Mutual Drafting. This Agreement is the result of the joint efforts of Buyer and Sellers, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties and there is to be no construction against any Party based on any presumption of that Party’s involvement in the drafting thereof.. [Remainder of Page Intentionally Left Blank]
Appears in 1 contract
Samples: Asset Purchase Agreement
Mutual Drafting. This Agreement is the result of the joint efforts of Buyer the Company and SellersGlickenhaus, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties parties and there is to shall be no construction against any Party party based on any presumption of that Party’s party's involvement in the drafting thereof.
Appears in 1 contract
Samples: Securities Purchase Agreement (Enterra Energy Trust)
Mutual Drafting. This Agreement is the result of the joint efforts of Buyer Parent and Sellersthe Company, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties and there is to shall be no construction against any Party based on any presumption of that Party’s 's involvement in the drafting thereof.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Quality Stores Inc)
Mutual Drafting. This Agreement is the result of the joint efforts of Buyer and Sellers, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties parties and there is to be no construction against any Party either party based on any presumption of that Party’s party's involvement in the drafting thereof.
Appears in 1 contract
Samples: Asset Purchase Agreement (LTV Corp)
Mutual Drafting. This Agreement is the result of the joint efforts of Buyer Xxxxx and SellersSeller, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties parties and there is to be no construction against any Party either party based on any presumption of that Party’s party's involvement in the drafting thereof.
Appears in 1 contract
Samples: Purchase and Sale Agreement
Mutual Drafting. This Agreement is the result of the joint efforts of Buyer and SellersSeller, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties parties and there is to be no construction against any Party party based on any presumption of that Partyparty’s involvement in the drafting thereof.
Appears in 1 contract
Mutual Drafting. This Agreement is the result of the joint efforts of Buyer the Company and Sellersthe Investor, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties parties and there is to shall be no construction against any Party party based on any presumption of that Party’s party's involvement in the drafting thereof.
Appears in 1 contract
Samples: Securities Purchase Agreement (PRB GasTransportation, Inc.)
Mutual Drafting. This Agreement is the result of the --------------- joint efforts of Buyer and SellersSeller, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties parties and there is to shall be no construction against any Party party based on any presumption of that Party’s party's involvement in the drafting thereof.
Appears in 1 contract
Samples: Purchase and Sale Agreement (American Tower Corp /Ma/)
Mutual Drafting. This Agreement is the result of the joint efforts of Buyer Buyer, Parent and Sellersthe Company, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties parties and there is to be no construction against any Party either party based on any presumption of that Partyparty’s involvement in the drafting thereof.
Appears in 1 contract
Mutual Drafting. This Agreement is the result of the joint efforts of Buyer the Purchaser and Sellersthe Company, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties parties and there is to shall be no construction against any Party based on any presumption of that Party’s 's involvement in the drafting thereof.
Appears in 1 contract
Samples: Share Purchase Agreement (Mobile Services Group Inc)
Mutual Drafting. This Agreement is the result of the joint efforts of Buyer and Sellersthe parties, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties parties and there is to shall be no construction against any Party either party based on any presumption of that Party’s party's involvement in the drafting thereof. Each of the parties is a sophisticated legal entity or individual that was advised by experienced counsel and, to the extent it deemed necessary, other advisors in connection with this Agreement.
Appears in 1 contract
Mutual Drafting. This Agreement is the result of the joint efforts of Buyer the Company and Sellers, each of the Investors and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties parties and there is to shall be no construction against any Party party based on any presumption of that Party’s the party's involvement in the drafting thereof.
Appears in 1 contract
Mutual Drafting. This Agreement is the result of the joint efforts of Buyer and SellersSeller, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties and there is to shall be no construction against any Party based on any presumption of that Party’s involvement in the drafting thereof.
Appears in 1 contract
Mutual Drafting. This Agreement is the result of the joint efforts of Buyer and Sellersthe parties, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties parties and there is to shall be no construction against any Party party based on any presumption of that Partyparty’s involvement in the drafting thereof. Each of the parties is a sophisticated legal entity or individual that was advised by experienced counsel and, to the extent it deemed necessary, other advisors in connection with this Agreement.
Appears in 1 contract
Samples: Stockholder/Optionee Agreement (American Tower Corp /Ma/)
Mutual Drafting. This Agreement is the result of the joint efforts of Buyer the Company and Sellersthe Investors, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties parties and there is to shall be no construction against any Party party based on any presumption of that Party’s the party's involvement in the drafting thereof.
Appears in 1 contract
Mutual Drafting. This Agreement is the result of the joint efforts of Buyer and SellersSeller, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties parties and there is to be no construction against any Party either party based on any presumption of that Partyparty’s involvement in the drafting thereof.
Appears in 1 contract
Mutual Drafting. This Agreement is the result of the joint efforts of Buyer and SellersTimken, and each provision hereof has been subject to the mutual consultation, negotiation and agreement of the Parties parties and there is to shall be no construction against any Party either party based on any presumption of that Partyparty’s involvement in the drafting thereof.
Appears in 1 contract
Samples: Stock Purchase Agreement (Timken Co)
