Paragraph Headings; Construction. Paragraph headings are only used in this Agreement for convenience. Borrower and 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 Lender or Borrower under any rule of construction or otherwise.
Appears in 17 contracts
Samples: Loan and Security Agreement (Yunhong CTI Ltd.), Loan and Security Agreement (Project Clean, Inc.), Loan and Security Agreement (Project Clean, Inc.)
Paragraph Headings; Construction. Paragraph headings are only used in this Agreement for convenience. Borrower and Lender PFG 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 Lender PFG or Borrower under any rule of construction or otherwise.
Appears in 17 contracts
Samples: Loan and Security Agreement (Mattersight Corp), Loan and Security Agreement (Irvine Sensors Corp/De/), Loan and Security Agreement (Cardiovascular Systems Inc)
Paragraph Headings; Construction. Paragraph headings are only used in this Agreement for convenience. Borrower and Lender Bank 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 Lender Bank or Borrower under any rule of construction or otherwise.
Appears in 4 contracts
Samples: Loan and Security Agreement (Fiberstars Inc /Ca/), Loan and Security Agreement (Redback Networks Inc), Loan and Security Agreement (Redback Networks Inc)
Paragraph Headings; Construction. Paragraph headings are only used in this Agreement for convenience. Borrower and Lender Multiplier acknowledge that the headings may not describe completely the subject matter of the applicable paragraphSection, 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 Lender Multiplier or Borrower under any rule of construction or otherwise.
Appears in 3 contracts
Samples: Loan and Security Agreement (Winc, Inc.), Loan and Security Agreement (Winc, Inc.), Loan and Security Agreement (Winc, Inc.)
Paragraph Headings; Construction. Paragraph headings are only used in this Agreement for convenience. Borrower Guarantor and 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 Lender or Borrower Guarantor under any rule of construction or otherwise.
Appears in 3 contracts
Samples: Supplemental Agreement (Talend S.A.), Supplemental Agreement (Talend SA), Supplemental Agreement (Talend SA)
Paragraph Headings; Construction. Paragraph headings are only used in this Agreement for convenience. Borrower and Lender The parties 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 Lender or Borrower any party under any rule of construction or otherwise.
Appears in 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Cardlytics, Inc.)
Paragraph Headings; Construction. Paragraph headings are only used in this Agreement for convenience. Holdings, Borrower and 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 Lender Lender, Holdings or Borrower under any rule of construction or otherwise.
Appears in 2 contracts
Samples: Super Priority Loan and Security Agreement (Real Good Food Company, Inc.), Junior Lien Intercreditor Agreement (Real Good Food Company, Inc.)
Paragraph Headings; Construction. Paragraph headings are only used in this Agreement herein for convenienceconvenience only. Borrower and Lender acknowledge acknowledges that the headings same may not describe completely the subject matter of the applicable paragraph, and the headings same shall not be used in any manner to construe, limit, define or interpret any term or provision of this Agreementhereof. This Loan Agreement has and the Collateral Agreements have been fully reviewed and negotiated between the parties and no uncertainty or ambiguity in any term or provision of this Loan Agreement or any Collateral Agreement shall be construed strictly against Lender CoastFed or Borrower under any rule of construction or otherwise.
Appears in 2 contracts
Samples: Loan and Security Agreement (Blaze Software Inc), Loan and Security Agreement (RSL Communications PLC)
Paragraph Headings; Construction. Paragraph headings are only used in this Agreement for convenience. Borrower and Lender The parties acknowledge that the headings may not describe completely the subject matter of the applicable applica-ble 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 Lender or Borrower any party under any rule of construction or otherwise.
Appears in 1 contract
Paragraph Headings; Construction. Paragraph headings are only used in this Agreement herein for convenienceconvenience only. Borrower and Lender acknowledge Debtor acknowledges that the headings same may not describe completely the subject matter of the applicable paragraph, and the headings same shall not be used in any manner to construe, limit, define or interpret any term or provision of this Agreementhereof. This Agreement has have 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 Lender Coast or Borrower Debtor under any rule of construction or otherwise.
Appears in 1 contract
Paragraph Headings; Construction. Paragraph headings are only used in this Agreement for convenience. The Borrower and Lender 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 Lender LxXxxx or the Borrower under any rule of construction or otherwise.
Appears in 1 contract
Paragraph Headings; Construction. Paragraph headings are only used in this Agreement for convenience. Borrower Holdings, Borrower, each Agent and each 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 Lender any Agent, any Lender, Holdings or Borrower under any rule of construction or otherwise.
Appears in 1 contract
Samples: Super Priority Loan and Security Agreement (Real Good Food Company, Inc.)
Paragraph Headings; Construction. Paragraph headings are only used in this Agreement for convenience. Borrower and Lender acknowledge that the headings may not describe completely the subject matter of the applicable 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 Lender or Borrower under any rule of construction or otherwise.
Appears in 1 contract
Paragraph Headings; Construction. Paragraph headings are only used in this Agreement for convenience. Borrower Each Loan Party and 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 Lender or Borrower any Loan Party under any rule of construction or otherwise.
Appears in 1 contract
Samples: Loan and Security Agreement (On Deck Capital, Inc.)