No Presumption Against Drafting Party. The Parties have participated jointly in negotiating and drafting 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, and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any provision of this Agreement.
Appears in 9 contracts
Samples: Purchase and Sale Agreement (Laredo Petroleum, Inc.), Support Agreement (Marathon Petroleum Corp), Support Agreement (Cheniere Energy Partners LP Holdings, LLC)
No Presumption Against Drafting Party. The Parties parties have participated jointly in negotiating and drafting 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 Partiesparties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any provision of this Agreement. Each of the parties to this Agreement acknowledges that it has been represented by counsel in connection with this Agreement and the transactions contemplated by this Agreement.
Appears in 8 contracts
Samples: Voting Agreement (Fortress Investment Group LLC), Voting Agreement (Fortress Investment Group LLC), Voting Agreement (Fortress Investment Group LLC)
No Presumption Against Drafting Party. The Parties parties have participated jointly in negotiating and drafting 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 Partiesparties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any provision of this Agreement. [The remainder of this page is intentionally left blank.] US-DOCS\91977828.5
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Andeavor), Agreement and Plan of Merger (Western Refining Logistics, LP), Support Agreement (Andeavor)
No Presumption Against Drafting Party. The Parties have participated jointly in negotiating and drafting 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, and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any provision of this Agreement. [The remainder of this page is intentionally left blank.]
Appears in 5 contracts
Samples: Support and Voting Agreement (Earthstone Energy Inc), Agreement and Plan of Merger (Cheniere Energy Partners LP Holdings, LLC), Agreement and Plan of Merger (Cheniere Energy Inc)
No Presumption Against Drafting Party. The Parties have Each Party has fully participated jointly in negotiating the negotiation and drafting of this Agreement. In the event that If an ambiguity or a ambiguity, question of intent or question of interpretation arises, this Agreement shall must be construed as if drafted jointly by the Partiesjointly, and no presumption there must not be any presumption, inference or burden of proof shall arise favoring or disfavoring conclusion drawn against any Party by virtue of the authorship of fact that its representative has authored this Agreement or any provision of this Agreementportion hereof.
Appears in 3 contracts
Samples: Agreement and Plan of Merger and Membership Interest Transfer Agreement (Niska Gas Storage Partners LLC), Agreement and Plan of Merger and Membership Interest Transfer Agreement, Purchase Agreement (Medical Action Industries Inc)
No Presumption Against Drafting Party. The Each of the Parties acknowledges that each Party has been represented by counsel in connection with this Agreement and the Transactions and that the Parties have participated jointly in negotiating and the drafting of this Agreement. In Accordingly, 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 provision of the provisions of this Agreement.
Appears in 3 contracts
Samples: Stock Purchase Agreement (NextWave Wireless Inc.), Stock Purchase Agreement (NextWave Wireless Inc.), Stockholders’ Agreement (NextWave Wireless Inc.)
No Presumption Against Drafting Party. The Parties have Each Party has fully participated jointly in negotiating the negotiation and drafting of this Agreement. In the event that If an ambiguity ambiguity, question or a intent or question of intent or interpretation arises, this Agreement shall must be construed as if drafted jointly by the Partiesjointly, and no presumption there must not be any presumption, inference or burden of proof shall arise favoring or disfavoring conclusion drawn against any Party by virtue of the authorship of fact that its representative has authored this Agreement or any provision of this Agreementportion hereof.
Appears in 3 contracts
Samples: Purchase Agreement, Common Unit Purchase Agreement (New Source Energy Partners L.P.), Purchase Agreement (Natural Resource Partners Lp)
No Presumption Against Drafting Party. The Parties parties hereto have participated jointly in negotiating the negotiation and drafting of this Agreement. In the event that of an ambiguity or a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Partiesparties hereto, 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 of this Agreement.
Appears in 2 contracts
Samples: Restrictive Covenant Agreement (Skyline Champion Corp), Non Competition, Non Solicitation and Confidentiality Agreement (Stable Road Acquisition Corp.)
No Presumption Against Drafting Party. The Parties have participated jointly in negotiating and This Agreement is to be construed without giving force to any presumption or rule requiring construction or interpretation against the drafting this Agreementparty. In the event No party may claim that an ambiguity or a question of intent or interpretation arises, in this Agreement shall should be construed as if drafted jointly by against any other party or that there was any coercion, duress (economic or otherwise), negligent misrepresentation, or fraud (including fraud in the Parties, and no presumption inducement) affecting the validity or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any provision enforcement of this Agreement.
Appears in 1 contract
Samples: Amended Operating Agreement (Efund City Metro Income Fund LLC)
No Presumption Against Drafting Party. The Parties parties have participated jointly in negotiating the negotiation 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 Partiesparties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any provision provisions of this Agreement.
Appears in 1 contract
No Presumption Against Drafting Party. The Parties have Each Party has fully participated jointly in negotiating the negotiation and drafting of this Agreement. In the event that If an ambiguity ambiguity, question or a intent or question of intent or interpretation arises, this Agreement shall must be construed as if drafted jointly by the Partiesjointly, and no presumption there must not be any presumption, inference or burden of proof shall arise favoring or disfavoring conclusion drawn against any Party by virtue of the authorship of fact that its representative has authored this Agreement or any provision of this Agreement.portion hereof. * * * * *
Appears in 1 contract
Samples: Refining Contribution Agreement (Philadelphia Energy Solutions Inc.)
No Presumption Against Drafting Party. The Parties parties have participated jointly in negotiating and drafting 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 Partiesparties, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any provision of this Agreement.
Appears in 1 contract
No Presumption Against Drafting Party. The Parties parties hereto have participated jointly in negotiating the negotiation 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 provision provisions of this Agreement.
Appears in 1 contract
No Presumption Against Drafting Party. The Parties parties hereto have participated jointly in negotiating the negotiation and drafting of this Agreement. In the event that of an ambiguity or if a question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Partiesparties hereto, 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 of this Agreement.
Appears in 1 contract
No Presumption Against Drafting Party. The Parties have Each Party has fully participated jointly in negotiating the negotiation and drafting of this Agreement. In the event that If an ambiguity ambiguity, question or a intent or question of intent or interpretation arises, this Agreement shall must be construed as if drafted jointly by the Partiesjointly, and no presumption there must not be any presumption, inference or burden of proof shall arise favoring or disfavoring conclusion drawn against any Party by virtue of the authorship of fact that its Representative has authored this Agreement or any provision of this Agreementportion hereof.
Appears in 1 contract
Samples: Non Competition and Non Solicitation Agreement (Williams Partners L.P.)
No Presumption Against Drafting Party. The Parties Company and the Stockholders have participated jointly in negotiating and drafting 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 Partiesparties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any provision of this Agreement.
Appears in 1 contract
Samples: Voting and Support Agreement (AgroFresh Solutions, Inc.)
No Presumption Against Drafting Party. The Parties have participated jointly in negotiating and drafting this Agreement. In the event that an ambiguity or a question of intent or interpretation arises, this Agreement shall will be construed as if drafted jointly by the Partiesparties, and no presumption or burden of proof shall will arise favoring or disfavoring any Party party by virtue of the authorship of any provision of the provisions of this Agreement.
Appears in 1 contract
Samples: Trolley Voting and Support Agreement (Sinclair Broadcast Group Inc)
No Presumption Against Drafting Party. The Parties have participated jointly in negotiating and drafting this Agreement. In the event that an ambiguity or a question of intent or interpretation arises, this This Agreement shall be construed as if drafted jointly by the Partiesparties hereto. In the event an ambiguity or question of intent or interpretation arises, and no presumption or burden of proof shall arise favoring or disfavoring any Party party by virtue of the authorship of any provision provisions of this Agreement.
Appears in 1 contract