No Presumption. With regard to each and every term and condition of this Agreement, the parties hereto understand and agree that the same have or has been mutually negotiated, prepared and drafted, and if at any time the parties hereto desire or are required to interpret or construe any such term or condition or any agreement or instrument subject hereto, no consideration shall be given to the issue of which party hereto actually prepared, drafted or requested any term or condition of this Agreement or any agreement or instrument subject hereto.
Appears in 25 contracts
Samples: Registration Rights Agreement (XP Inc.), Registration Rights Agreement (XP Control LLC), Registration Rights Agreement (Itausa S.A.)
No Presumption. With regard to each and every term and condition of this Agreement, the parties hereto understand and agree that the same have or has been mutually negotiated, prepared and drafted, and if at any time the parties hereto desire or are required to interpret or construe any such term or condition or any agreement or instrument subject heretocondition, no consideration shall will be given to the issue of which party hereto actually prepared, drafted or requested any term or condition of this Agreement or any agreement or instrument subject heretoAgreement.
Appears in 24 contracts
Samples: Operating Agreement (Falcon's Beyond Global, Inc.), Limited Liability Company Agreement (TKO Group Holdings, Inc.), Tax Receivable Agreement (FAST Acquisition Corp. II)
No Presumption. With regard to each and every term and condition of this AgreementAgreement and any and all agreements and instruments subject to the terms hereof or referred to herein, the parties hereto understand and agree that the same have or has been mutually negotiated, prepared and drafted, and if at any time the parties hereto desire or are required to interpret or construe any such term or condition or any agreement or instrument subject hereto, no consideration shall be given to the issue of which party hereto actually prepared, drafted or requested any term or condition of this Agreement or any agreement or instrument subject hereto.
Appears in 16 contracts
Samples: Liability Company Agreement (Seaport Entertainment Group Inc.), Operating Agreement, Stock and Membership Interest Purchase Agreement (Cenveo, Inc)
No Presumption. With regard to each and every term and condition of this AgreementAgreement and the other Transaction Documents, the parties hereto understand and agree that the same have or has been mutually negotiated, prepared and drafted, and if at any time the parties hereto desire or are required to interpret or construe any such term or condition or any agreement or instrument subject hereto, no consideration shall be given to the issue of which party hereto actually prepared, drafted or requested any term or condition of this Agreement or any agreement or instrument subject hereto.
Appears in 8 contracts
Samples: Membership Interests Purchase Agreement (PNK Entertainment, Inc.), Membership Interests Purchase Agreement (Pinnacle Entertainment Inc.), Equity Interest Purchase Agreement (Thestreet, Inc.)
No Presumption. With regard to each and every term and condition of this AgreementAgreement and the other Transaction Documents, the parties hereto understand and agree that the same have or has been mutually negotiated, prepared and drafted, and if at any time the parties hereto desire or are required to interpret or construe any such term or condition or any agreement or instrument subject hereto, no consideration shall be given to the issue of which party hereto actually prepared, drafted or requested any term or condition of this Agreement or any agreement or instrument subject heretoAgreement.
Appears in 4 contracts
Samples: Subscription Agreement (Esports Technologies, Inc.), Common Stock Purchase Agreement (N-Able, Inc.), Common Stock Purchase Agreement (Cyclerion Therapeutics, Inc.)
No Presumption. With regard to each and every term and condition of this Agreement, the parties hereto understand and agree that the same have or has been mutually negotiated, prepared and drafted, and if at any time the parties hereto desire or are required to interpret or construe any such term or condition or any agreement or instrument subject hereto, no consideration shall be given to the issue of which party hereto actually prepared, drafted or requested any term or condition of this Agreement or any agreement or instrument subject heretoAgreement.
Appears in 3 contracts
Samples: Employment Agreement (Dynacast Inc.), Employment Agreement (Dynacast Inc.), Employment Agreement (Dynacast Inc.)
No Presumption. With regard to each and every term and condition of this Agreement, the parties hereto understand and agree that the same have or has been mutually negotiated, prepared and drafted, and if at any time the parties hereto desire or are required to interpret or construe any such term or condition or any agreement or instrument subject hereto, no consideration shall be given to the issue of which party hereto actually prepared, drafted or requested any term or condition of this Agreement or any agreement or instrument subject heretoAgreement.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Hecht Peter M), Common Stock Purchase Agreement (Cyclerion Therapeutics, Inc.), Common Stock Purchase Agreement (Cyclerion Therapeutics, Inc.)
No Presumption. With regard to each and every term and condition of this AgreementAgreement and any and all agreements and instruments subject to the terms hereof, the parties hereto understand and agree that the same have or has been mutually negotiated, prepared and drafted, drafted and if at any time the parties hereto desire or are required requested to interpret or construe any such term or condition or any agreement or on instrument subject hereto, no consideration shall be given to the issue of which party hereto actually prepared, drafted or requested any term or condition of this Agreement or any agreement or instrument subject hereto.
Appears in 2 contracts
Samples: Sale and Purchase Agreement (Williams Communications Group Inc), Sale and Purchase Agreement (Williams Communications Group Inc)
No Presumption. With regard to each and every term and condition of this AgreementAgreement or any other Transaction Document, the parties hereto understand and agree that the same have or has been mutually negotiated, prepared and drafted, and if at any time the parties hereto desire or are required to interpret or construe any such term or condition or any agreement or instrument subject hereto, no consideration shall be given to the issue of which party hereto actually prepared, drafted or requested any term or condition of this Agreement or any agreement or instrument subject hereto.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Ani Pharmaceuticals Inc), Agreement and Plan of Merger (Ani Pharmaceuticals Inc)
No Presumption. With regard to each and every term and condition of this AgreementAgreement and any and all agreements and instruments subject to the terms hereof or referred to herein, the parties Parties hereto understand and agree that the same have or has been mutually negotiated, prepared prepared, and drafted, and if at any time the parties Parties hereto desire or are required to interpret or construe any such term or condition or any agreement or instrument subject hereto, no consideration shall be given to the issue of which party Party hereto actually prepared, drafted drafted, or requested any term or condition of this Agreement or any agreement or instrument subject hereto.
Appears in 2 contracts
Samples: Contribution Agreement (Xcorporeal, Inc.), Contribution Agreement (Xcorporeal, Inc.)
No Presumption. With regard to each and every term and condition of this AgreementAgreement and any and all agreements and instruments subject to the terms hereof or referred to herein, the parties hereto understand and agree that the same have or has been mutually negotiated, prepared and drafted, and if at any time the parties hereto desire or are required to interpret or construe any such term or condition or any agreement or instrument subject Subject hereto, no consideration shall be given to the issue of which party hereto actually prepared, drafted or requested any term or condition of this Agreement or any agreement or instrument subject Subject hereto.
Appears in 1 contract
Samples: Asset Exchange Agreement (Liberty Group Publishing Inc)
No Presumption. With regard to each and every term and condition of this AgreementAgreement and any and all agreements and instruments subject to the terms hereof or referred to herein, the parties hereto understand and agree that the same have or has been mutually negotiated, prepared and drafted, and if at any time the parties hereto desire or are required to interpret or construe any such term or condition or any agreement or instrument subject hereto, no consideration shall be given to the issue of 51 52 which party hereto actually prepared, drafted or requested any term or condition of this Agreement or any agreement or instrument subject hereto.
Appears in 1 contract
No Presumption. With regard to The parties understand and agree that each and every term and condition of this Agreement, the parties hereto understand and agree that the same have or Agreement has been mutually negotiated, prepared and drafted, and if at any time the parties hereto desire or are required to interpret or construe any such term or condition or any agreement or instrument subject heretoof this Agreement, no consideration shall be given to the issue of which party hereto actually prepared, drafted or requested any such term or condition of this Agreement or any agreement or instrument subject heretoAgreement.
Appears in 1 contract
Samples: Settlement and Asset Sale Agreement (Logimetrics Inc)
