Severability; Construction. (a) In the event that any part of this Agreement is declared by any court or other judicial or administrative body to be null, void or unenforceable, said provision shall survive to the extent it is not so declared, and all of the other provisions of this Agreement shall remain in full force and effect. (b) The parties have participated jointly in the negotiation and drafting of this Agreement. If any ambiguity or question of intent arises, this Agreement will be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favoring or disfavoring any party because of the authorship of any provision of this Agreement.
Appears in 6 contracts
Samples: Merger Agreement (Legg Mason, Inc.), Merger Agreement (Franklin Resources Inc), Merger Agreement
Severability; Construction. (a) In the event that any part of this Agreement is declared by any court or other judicial or administrative body to be null, void or unenforceable, said provision shall survive to the extent it is not so declared, and all of the other provisions of this Agreement shall remain in full force and effect.
(b) The parties Parties have participated jointly in the negotiation and drafting of this Agreement. If any ambiguity or question of intent arises, this Agreement will be construed as if drafted jointly by the parties Parties and no presumption or burden of proof will arise favoring or disfavoring any party Party because of the authorship of any provision of this Agreement.
Appears in 3 contracts
Samples: Merger Agreement (Integra Lifesciences Holdings Corp), Merger Agreement (Isotis Inc), Merger Agreement (Level 3 Communications Inc)
Severability; Construction. (a) In the event that any part of this Agreement is declared by any court or other judicial or administrative body to be null, void or unenforceable, said provision shall survive to the extent it is not so declared, and all of the other provisions of this Agreement shall remain in full force and effect.
(b) The parties have participated jointly in the negotiation and drafting of this Agreement. If any ambiguity or question of intent arises, this Agreement will be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favoring or disfavoring any party because of the authorship of any provision of this Agreement.
(c) All references to β$β or USD herein shall be references to U.S. Dollars.
Appears in 3 contracts
Samples: Merger Agreement (Pantry Inc), Amalgamation Agreement (Global Crossing LTD), Agreement and Plan of Amalgamation (Level 3 Communications Inc)
Severability; Construction. (a) In the event that any part of this Agreement is declared by any court or other judicial or administrative body of competent jurisdiction to be null, void or unenforceable, said provision shall survive to the extent it is not so declared, and all of the other provisions of this Agreement shall remain in full force and effect.
(b) The parties have participated jointly in the negotiation and drafting of this Agreement. If any ambiguity or question of intent arises, this Agreement will be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favoring or disfavoring any party because of the authorship of any provision of this Agreement.
Appears in 3 contracts
Samples: Merger Agreement (Babyuniverse, Inc.), Merger Agreement (Oracle Healthcare Acquisition Corp.), Merger Agreement (eToys Direct, Inc.)
