Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company and the Holder and shall not be construed against any person as the drafter hereof.
Appears in 35 contracts
Samples: Promissory Note Conversion Agreement (Canfield Medical Supply, Inc.), Note Conversion Agreement (Canfield Medical Supply, Inc.), Asset Purchase Agreement (Grow Solutions Holdings, Inc.)
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company and the Holder all Holders and shall not be construed against any person as the drafter hereof.
Appears in 31 contracts
Samples: Convertible Note Agreement (Simlatus Corp), Convertible Note Agreement (Simlatus Corp), Convertible Note Agreement (Simlatus Corp)
Specific Shall Not Limit General; Construction. No specific provision contained in this Note Warrant shall limit or modify any more general provision contained herein. This Note Warrant shall be deemed to be jointly drafted by the Company and all initial purchasers of the Holder Warrant and shall not be construed against any person as the drafter hereof.
Appears in 28 contracts
Samples: Warrant Agreement (One Horizon Group, Inc.), Placement Agent Warrant (One Horizon Group, Inc.), Warrant Agreement (One Horizon Group, Inc.)
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company and all purchasers of Notes pursuant to the Holder Facility Agreement and shall not be construed against any person Person as the drafter hereof.
Appears in 10 contracts
Samples: Senior Secured Convertible Note (Neos Therapeutics, Inc.), Facility Agreement, Facility Agreement (Mannkind Corp)
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company Borrower and the Holder and shall not be construed against any person as the drafter hereof.
Appears in 6 contracts
Samples: Senior Secured Credit Facility Agreement (Drone USA Inc.), Note Agreement (Blue Earth, Inc.), Subscription Agreement (Akers Biosciences Inc)
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company Xxxxxxxx and the Holder Xxxxxx and shall not be construed against any person as the drafter hereof.
Appears in 5 contracts
Samples: Subordination and Standstill Agreement (Elsztain Eduardo S), Subordination and Standstill Agreement (Condor Hospitality Trust, Inc.), Subordination and Standstill Agreement (Condor Hospitality Trust, Inc.)
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company and the Holder and shall not be construed against any person Person as the drafter hereof.
Appears in 4 contracts
Samples: Merger Agreement (Aytu Bioscience, Inc), Subordination Agreement (Neos Therapeutics, Inc.), Subordination Agreement (Neos Therapeutics, Inc.)
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company and all purchasers of Notes pursuant to the Holder Note Purchase Agreement and shall not be construed against any person Person as the drafter hereof.
Appears in 3 contracts
Samples: Security Agreement (Ocular Therapeutix, Inc), Note Purchase Agreement (Ocular Therapeutix, Inc), Note Purchase Agreement (Aerie Pharmaceuticals Inc)
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company and all Holders pursuant to the Holder Securities Purchase Agreement and shall not be construed against any person Person as the drafter hereof.
Appears in 2 contracts
Samples: Confidentiality Agreement (Cinedigm Digital Cinema Corp.), Amendment and Restatement Agreement (Cinedigm Digital Cinema Corp.)
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company and the Holder all Holders and shall not be construed against any person as the drafter hereof.,
Appears in 2 contracts
Samples: Convertible Note, Convertible Note (Dynamic Response Group, Inc.)
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company and the Holder Buyers pursuant to the Securities Purchase Agreement and shall not be construed against any person as the drafter hereof.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Cumulus Investors LLC), Securities Purchase Agreement (Cumulus Investors LLC)
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company Borrower and all Lenders pursuant to the Holder Facility Agreement and shall not be construed against any person Person as the drafter hereof.
Appears in 2 contracts
Samples: Facility Agreement (Endologix Inc /De/), Facility Agreement (Endologix Inc /De/)
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company Borrower and the Holder Lender and shall not be construed against any person as the drafter hereof.
Appears in 2 contracts
Samples: Secured Promissory Note (Duos Technologies Group, Inc.), Promissory Note (Duos Technologies Group, Inc.)
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company Borrower and the Holder Lender and shall not be construed against any person as the drafter hereof.
Appears in 1 contract
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company Issuer and the Holder and shall not be construed against any person as the drafter hereof.
Appears in 1 contract
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company and all Holders of Notes pursuant to the Holder Securities Purchase Agreement and shall not be construed against any person Person as the drafter hereof.
Appears in 1 contract
Samples: Securities Purchase Agreement (Access Integrated Technologies Inc)
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company and all Purchasers of Notes pursuant to the Holder Securities Purchase Agreement and shall not be construed against any person Person as the drafter hereof.
Appears in 1 contract
Samples: Securities Purchase Agreement (Access Integrated Technologies Inc)
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company and the Holder all Purchasers and shall not be construed against any person as the drafter hereof.
Appears in 1 contract
Samples: Securities Purchase Agreement (MRV Communications Inc)
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company and the Holder all holders and shall not be construed against any person as the drafter hereof.
Appears in 1 contract
Specific Shall Not Limit General; Construction. No specific provision contained in this Convertible Note shall limit or modify any more general provision contained herein. This Convertible Note shall be deemed to be jointly drafted by the Company and the Holder and shall not be construed against any person as the drafter hereof.
Appears in 1 contract
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein, unless stated otherwise in this Agreement. This Note shall be deemed to be jointly drafted by the Company and all purchasers of Notes pursuant to the Holder Facility Agreement and shall not be construed against any person Person as the drafter hereof.
Appears in 1 contract
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company and all purchasers of Notes pursuant to the Holder Facility Agreement and shall not be construed against any person Person as the drafter hereof.
Appears in 1 contract
Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company and all Persons acquiring Notes pursuant to the Holder Facility Agreement and shall not be construed against any person Person as the drafter hereof.
Appears in 1 contract
Samples: Facility Agreement (Melinta Therapeutics, Inc. /New/)
