Negotiation of Agreement. Each of the parties acknowledges that it has been represented by independent counsel of its choice throughout all negotiations that have preceded the execution of this Agreement. Each party and its counsel cooperated in the drafting and preparation of this Agreement and the documents referred to herein, and any and all drafts relating thereto shall be deemed the work product of the parties and may not be construed against any party by reason of its preparation. Accordingly, any rule of law or any legal decision that would require interpretation of any ambiguities in this Agreement against the party that drafted it is of no application and is hereby expressly waived.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Nortek Inc), Stock Purchase Agreement, Stock Purchase Agreement (Ply Gem Industries Inc)
Negotiation of Agreement. Each of the parties acknowledges that it has been represented by independent counsel of its choice throughout all negotiations that have preceded the execution of this Agreement. Each party and its counsel cooperated in the drafting and preparation of this Agreement and the other documents referred to herein, and any and all drafts relating thereto shall will be deemed the work product of the parties hereto and may not be construed against any party by reason of its preparation. Accordingly, any rule of law or any legal decision that would require interpretation of any ambiguities in this Agreement against the party that drafted it is of no application and is hereby expressly waived.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Clarus Corp), Merger Agreement (Clarus Corp), Merger Agreement (Jarden Corp)
Negotiation of Agreement. Each of the parties acknowledges acknowledge that it has been represented by independent counsel of its choice throughout all negotiations that have preceded the execution of this AgreementAgreement and that it has executed the same with consent and upon the advice of said independent counsel. Each party and its counsel cooperated in the drafting and preparation of this Agreement and the documents referred to herein, and any and all drafts relating thereto shall be deemed the work product of the parties and may not be construed against any party by reason of its preparation. Accordingly, any rule of law law, or any legal decision that would require interpretation of any ambiguities in this Agreement against the party that drafted it it, is of no application and is hereby expressly waived.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Basic Care Networks Inc), Master Transaction Agreement (Basic Care Networks Inc), Asset Purchase Agreement (Basic Care Networks Inc)
Negotiation of Agreement. Each of the parties party hereto acknowledges that it has been represented by had the opportunity to consult with independent counsel of its choice throughout all negotiations that have preceded the execution of this Agreement. Each party and its counsel (if any) has cooperated in the drafting and preparation of this Agreement and the other documents referred to herein, and any and all drafts relating thereto shall will be deemed the work product of the parties hereto and may not be construed against any party by reason of its preparation. Accordingly, any rule of law or any legal decision that would require interpretation of any ambiguities in this Agreement against the party that drafted it is of no application and is hereby expressly waived.
Appears in 1 contract
Samples: Company Stockholders’ Support Agreement (Clarus Corp)
Negotiation of Agreement. Each of the parties party hereto acknowledges that it has been represented by had the opportunity to consult with independent counsel of its choice throughout all negotiations that have preceded the execution of this Agreement. Each party and its counsel (if any) has cooperated in the drafting and preparation of this Agreement and the other documents referred to herein, and any and all drafts relating thereto shall will be deemed the work product of the parties hereto and may not be construed against any party by reason of its preparation. Accordingly, any rule of law or any legal decision that would require interpretation of any ambiguities in this Agreement against the party that drafted it is of no application and is hereby expressly waived.
Appears in 1 contract
Samples: Company Stockholders’ Support Agreement (Clarus Corp)
Negotiation of Agreement. Each of the parties acknowledges that it has been represented obtained independent counsel or has expressly waived representation by independent counsel of its choice throughout all negotiations that have preceded the execution of this Agreementcounsel. Each party and its counsel counsel, if any, cooperated in the drafting and preparation of this Agreement and the documents referred to herein, and any and all drafts relating thereto shall will be deemed the work product of the parties and may not be construed against any party by reason of its preparation. Accordingly, any rule of law Law or any legal decision that would require interpretation of any ambiguities in this Agreement against the party that drafted it is of no application and is hereby expressly waived.
Appears in 1 contract
Samples: Membership Interest Purchase and Sale Agreement (Global Power Equipment Group Inc.)
Negotiation of Agreement. Each of the parties acknowledges that it has been represented by independent counsel of its choice throughout all negotiations that have preceded the execution of this Agreement. Each party and its counsel cooperated in the drafting and preparation of this Agreement and the other documents referred to herein, and any and all drafts relating thereto shall will be deemed the work product of the parties hereto and may not be construed against any party by reason of its preparation. Accordingly, any rule of law Law or any legal decision that would require interpretation of any ambiguities in this Agreement against the party that drafted it is of no application and is hereby expressly waived.
Appears in 1 contract
