Common use of Paragraph Headings; Construction Clause in Contracts

Paragraph Headings; Construction. Paragraph headings are only used in this Agreement for convenience. Borrower and Silicon acknowledge that the headings may not describe completely the subject matter of the applicable paragraph, and the headings shall not be used in any manner to construe, limit, define or interpret any term or provision of this Agreement. This Agreement has been fully reviewed and negotiated between the parties and no uncertainty or ambiguity in any term or provision of this Agreement shall be construed strictly against Silicon or Borrower under any rule of construction or otherwise.

Appears in 48 contracts

Samples: Loan and Security Agreement (PortalPlayer, Inc.), Loan and Security Agreement (Unify Corp), Loan and Security Agreement (Telecommunication Systems Inc /Fa/)

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Paragraph Headings; Construction. Paragraph headings are only used in this Agreement for convenience. Borrower and Silicon acknowledge that the headings may not describe completely the subject matter of the applicable paragraph, and the headings shall not be used in any manner to construe, limit, define or interpret any term or provision of this Agreement. The term "including", whenever used in this Agreement, shall mean "including (but not limited to)". This Agreement has been fully reviewed and negotiated between the parties and no uncertainty or ambiguity in any term or provision of this Agreement shall be construed strictly against Silicon or Borrower under any rule of construction or otherwise.

Appears in 47 contracts

Samples: Security Agreement (Cobalt Group Inc), Security Agreement (Com21 Inc), Loan and Security Agreement (Sigma Designs Inc)

Paragraph Headings; Construction. Paragraph headings are only used in this Agreement for convenience. Borrower and Silicon Lender acknowledge that the headings may not describe completely the subject matter of the applicable paragraph, and the headings shall not be used in any manner to construe, limit, define or interpret any term or provision of this Agreement. This Agreement has been fully reviewed and negotiated between the parties and no uncertainty or ambiguity in any term or provision of this Agreement shall be construed strictly against Silicon Lender or Borrower under any rule of construction or otherwise.

Appears in 16 contracts

Samples: Loan and Security Agreement (Yunhong CTI Ltd.), PMC Financial (Project Clean, Inc.), PMC Financial (Project Clean, Inc.)

Paragraph Headings; Construction. Paragraph headings are only used in this Agreement for convenience. The Borrower and Silicon acknowledge acknowledges that the headings may not describe completely the subject matter of the applicable paragraph, and the headings shall not be used in any manner to construe, limit, define or interpret any term or provision of this Agreement. This Agreement has been fully reviewed and negotiated between the parties and no uncertainty or ambiguity in any term or provision of this Agreement shall be construed strictly against Silicon or the Borrower under any rule of construction or otherwise.

Appears in 11 contracts

Samples: Loan and Security Agreement (Emulex Corp /De/), Loan and Security Agreement (Advanced Power Technology Inc), Loan and Security Agreement (Truevision Inc)

Paragraph Headings; Construction. Paragraph headings are only used in this Agreement for convenience. Borrower and Silicon acknowledge that the headings may not describe completely the subject matter of the applicable paragraph, and the headings shall not be used in any manner to construe, limit, define or interpret any term or provision of this Agreement. The term “including”, whenever used in this Agreement, shall mean “including (but not limited to)”. This Agreement has been fully reviewed and negotiated between the parties and no uncertainty or ambiguity in any term or provision of this Agreement shall be construed strictly against Silicon or Borrower under any rule of construction or otherwise.

Appears in 3 contracts

Samples: Security Agreement (Network Computing Devices Inc), Loan and Security Agreement (Digirad Corp), Loan and Security Agreement (Digirad Corp)

Paragraph Headings; Construction. Paragraph headings are only used in this Agreement for convenience. Borrower and Silicon acknowledge that the headings may not describe completely the subject matter of the applicable paragraph, and the headings shall not be used in any manner to construe, limit, define or interpret any term or provision of this Agreement. The term "including," whenever used in this Agreement, shall mean "including (but not limited to)." This Agreement has been fully reviewed and negotiated between the parties and no uncertainty or ambiguity in any term or provision of this Agreement shall be construed strictly against Silicon or Borrower under any rule of construction or otherwise.

Appears in 2 contracts

Samples: Loan Agreement (Lionbridge Technologies Inc /De/), Security Agreement (Lionbridge Technologies Inc /De/)

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Paragraph Headings; Construction. Paragraph headings are only used in this Agreement for convenience. Borrower and Silicon acknowledge that the headings may not describe completely the subject matter of the applicable paragraph, and the headings shall not be used in any manner to construe, limit, define or interpret any term or provision of this Agreement. This Agreement has been fully reviewed and negotiated between the parties and no uncertainty or ambiguity in any term or provision of SILICON VALLEY BANK LOAN AND SECURITY AGREEMENT this Agreement shall be construed strictly against Silicon silicon or Borrower under any rule of construction or otherwise.

Appears in 1 contract

Samples: Loan and Security Agreement (Animas Corp)

Paragraph Headings; Construction. Paragraph headings are only used in this Agreement for convenience. Borrower Borrowers and Silicon acknowledge that the headings may not describe completely the subject matter of the applicable paragraph, and the headings shall not be used in any manner to construe, limit, define or interpret any term or provision of this Agreement. This Agreement has been fully reviewed and negotiated between the parties and no uncertainty or ambiguity in any term or provision of this Agreement shall be construed strictly against Silicon or Borrower Borrowers under any rule of construction or otherwise.

Appears in 1 contract

Samples: Loan and Security Agreement (Xenogen Corp)

Paragraph Headings; Construction. Paragraph headings are only used in this Agreement for convenience. Borrower and Silicon acknowledge that the headings may not describe completely the subject matter of the applicable paragraph, and the headings shall not be used in any manner to construe, limit, define or interpret any term or provision of this Agreement. This Agreement has been fully reviewed and negotiated between the parties and no uncertainty or ambiguity in any term or provision of this Agreement shall be construed strictly against Silicon or Borrower under any rule of construction or otherwise.. SILICON VALLEY BANK LOAN AND SECURITY AGREEMENT

Appears in 1 contract

Samples: Loan and Security Agreement (Pharmchem Inc)

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