Common use of Construction and Interpretation Clause in Contracts

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, or through its agent, prepared the same, and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, have participated in the preparation hereof.

Appears in 26 contracts

Sources: Employment Agreement (Twin Vee PowerCats, Co.), Employment Agreement (Twin Vee PowerCats, Co.), Employment Agreement (Forza X1, Inc.)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that Borrower, Lender and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 22 contracts

Sources: Loan Agreement (Home Solutions of America Inc), Loan Agreement (Accentia Biopharmaceuticals Inc), Loan Agreement (Home Solutions of America Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Borrower, Lender and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 13 contracts

Sources: Loan Agreement (Network Event Theater Inc), Security Agreement (Network Event Theater Inc), Security Agreement (Merge Technologies Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, or through its agent, prepared the same, and it is expressly agreed and acknowledged that the Executive, the Company and Executive their respective attorneys and each of his and its representatives, legal and otherwise, representatives have participated in the preparation hereof.

Appears in 7 contracts

Sources: Employment Agreement (Insignia Financial Group Inc), Employment Agreement (Insignia Financial Group Inc), Employment Agreement (Insignia Financial Group Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Company, the Purchaser and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 7 contracts

Sources: Note Purchase Agreement (Global Beverage Solutions, Inc.), Note and Warrant Purchase Agreement (National Coal Corp), Note and Warrant Purchase Agreement (Brilliant Digital Entertainment Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, or through its agent, prepared the same, and it is expressly agreed and acknowledged that Employee, the Company and Executive their respective attorneys and each of his and its representatives, legal and otherwise, representatives have participated in the preparation hereof.

Appears in 4 contracts

Sources: Employment Agreement (Interdent Inc), Employment Agreement (Insignia Financial Group Inc /De/), Employment Agreement (Interdent Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Lenders, Borrowers and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 4 contracts

Sources: Business Loan Agreement (Genomic Solutions Inc), Business Loan Agreement (Genomic Solutions Inc), Business Loan Agreement (Genomic Solutions Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that Borrowers, Lender and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 4 contracts

Sources: Loan Agreement (Dreams Inc), Loan Agreement (Dreams Inc), Loan Agreement (Imtek Office Solutions Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that Debtor, Secured Parties and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 3 contracts

Sources: Interest Contribution Agreement (First Capital Real Estate Trust Inc), Interest Contribution Agreement (Photomedex Inc), Security Agreement (Photomedex Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Company, the Investor and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 3 contracts

Sources: Investor Rights Agreement (Tag It Pacific Inc), Stockholders Agreement (Tag It Pacific Inc), Stock and Warrant Purchase Agreement (Tag It Pacific Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that each Loan Party, Lender and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 2 contracts

Sources: Loan and Security Agreement (Melt Pharmaceuticals, Inc.), Loan and Security Agreement (Harrow Health, Inc.)

Construction and Interpretation. Should any provision of this Agreement agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Company, Purchaser and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Multicom Publishing Inc), Securities Purchase Agreement (Multicom Publishing Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, or through its agent, prepared the same, and it is expressly agreed and acknowledged that the Executive, the Company, Insignia\ESG, the Parent Company and Executive and each of his and its representatives, legal and otherwise, their respective representatives have participated in the preparation hereof.

Appears in 2 contracts

Sources: Employment Agreement (Insignia Financial Group Inc), Employment Agreement (Insignia Financial Group Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, or through its agent, prepared the same, and it is expressly agreed and acknowledged that Company and Executive and each of his her and its representatives, legal and otherwise, have participated in the preparation hereof.

Appears in 2 contracts

Sources: Employment Agreement (Forza X1, Inc.), Employment Agreement (Twin Vee PowerCats, Co.)

Construction and Interpretation. Should any provision of this ------------------------------- Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that Borrowers, InterCept and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 2 contracts

Sources: Loan Agreement (Intercept Group Inc), Loan Agreement (Intercept Group Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Borrower, Lenders and it is expressly agreed their respective agents and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, attorneys have participated in the preparation hereof.

Appears in 2 contracts

Sources: Loan Agreement (Dynagen Inc), Credit Agreement (Dynagen Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, or through its agent, prepared the same, and it is expressly agreed and acknowledged that the Consultant, the Company and Executive and each of his and its their respective representatives, legal and otherwise, have participated in the preparation hereof.

Appears in 2 contracts

Sources: Consulting Agreement (Resortquest International Inc), Consulting Agreement (Resortquest International Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Obligors, Lenders and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 2 contracts

Sources: Loan Agreement (Dynagen Inc), Loan Agreement (Sb Merger Corp)

Construction and Interpretation. Should any provision of this ------------------------------- Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that Borrower, Lender and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 1 contract

Sources: Loan Agreement (Check Into Cash Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Company, Investor and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 1 contract

Sources: Note Purchase Agreement (Orion Healthcorp Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, or through its agent, prepared the same, and it is expressly agreed and acknowledged that the Executive, the Company, the Parent Company and Executive and each of his and its representatives, legal and otherwise, their respective representatives have participated in the preparation hereof.

Appears in 1 contract

Sources: Employment Agreement (Insignia Esg Holdings Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that Borrowers, Lenders and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 1 contract

Sources: Loan and Security Agreement (Ipayment Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Subsidiary, Lender and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 1 contract

Sources: Loan Agreement (Data National Corp)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Company, the Investors and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 1 contract

Sources: Investor Rights Agreement (Brilliant Digital Entertainment Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Grantors, Lenders and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 1 contract

Sources: Security Agreement (American Consolidated Laboratories Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same; it being agreed that Guarantor, FMC and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 1 contract

Sources: Security Agreement (Dynagen Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Borrowers, Agent, Lenders and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 1 contract

Sources: Loan and Security Agreement (Ild Telecommunications Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Borrowers, Lender and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 1 contract

Sources: Loan Agreement (Educational Medical Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed at the Borrower, Lender and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereofeof.

Appears in 1 contract

Sources: Loan Agreement (Tanners Restaurant Group Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, or through its agent, prepared the same, and it is expressly agreed and acknowledged that Company Company, BV and Executive and each of his and its representatives, legal and otherwise, have participated in the preparation hereof.

Appears in 1 contract

Sources: Employment Agreement (Technology Holdings, Inc.)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that Grantor, Lender and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 1 contract

Sources: Security Agreement (Dynagen Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, or through its agent, prepared the same, and it is expressly agreed and acknowledged that Company the Executive, Employer and Executive and each of his and its their respective representatives, legal and otherwise, have participated in the preparation hereof.

Appears in 1 contract

Sources: Employment Agreement (Clark Holdings Inc.)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Company, Purchasers and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 1 contract

Sources: Registration Rights Agreement (Genomic Solutions Inc)

Construction and Interpretation. Should any provision of this ------------------------------- Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Borrower, Lender and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 1 contract

Sources: Loan Agreement (Radiant Systems Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same provision shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agentagent prepared it, prepared the sameit being agreed that Group and Systems and WSCC, and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwisetheir respective counsels, have participated in the preparation hereofits preparation.

Appears in 1 contract

Sources: Master Agreement (Netplex Group Inc)

Construction and Interpretation. Should any provision of this Security Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Borrower, Purchaser and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 1 contract

Sources: Security Agreement (Diplomat Direct Marketing Corp)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Company, each Investor and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 1 contract

Sources: Note Purchase Agreement (Orion Healthcorp Inc)

Construction and Interpretation. Should any provision of this ------------------------------- Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Borrower, Lenders and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 1 contract

Sources: Loan and Security Agreement (Act Teleconferencing Inc)

Construction and Interpretation. Should any provision of this ------------------------------- Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Debtor Parties, Lender and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 1 contract

Sources: Loan Agreement (Master Graphics Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, or through its agent, prepared the same, and it is expressly agreed and acknowledged that Company Omnimmune and Executive and each of his and its representatives, legal and otherwise, have participated in the preparation hereof.

Appears in 1 contract

Sources: Employment Agreement (Roughneck Supplies Inc.)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Company, Investors and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 1 contract

Sources: Stock Purchase Agreement (Orion Healthcorp Inc)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, it being agreed that the Company, the Borrower, the Purchaser and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, their respective agents have participated in the preparation hereof.

Appears in 1 contract

Sources: Note and Warrant Purchase Agreement (National Coal Corp)

Construction and Interpretation. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, or through its agent, prepared the same, and it is expressly agreed and acknowledged that Company RDC, RDMC, Rostenberg, Doern, Klein, Hallock, Cuddy, and Executive Buyer and each of his and its representatives, legal and otherwise, their respective representatives have participated in the preparation hereof.

Appears in 1 contract

Sources: Stock Purchase and Asset Acquisition Agreement (Insignia Financial Group Inc)

Construction and Interpretation. Should any provision of this ------------------------------- Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same provision shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agentagent prepared it, prepared the sameit being agreed that Group and Systems and Waterside, and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwisetheir respective counsels, have participated in the preparation hereofits preparation.

Appears in 1 contract

Sources: Workout and Collateral Release Agreement (Netplex Group Inc)

Construction and Interpretation. Should any provision of this ------------------------------- Agreement require judicial interpretation, the parties hereto agree that the court interpreting or on construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party that itself, itself or through its agent, agent prepared the same, and it is expressly agreed and acknowledged that Company and Executive and each of his and its representatives, legal and otherwise, have participated in the preparation hereof.

Appears in 1 contract

Sources: Partnership Interest Subscription Agreement (Sforza Enterprises Inc)