Blue Pencil. If any court determines that the covenants contained in this Section 8, or any part hereof, are unenforceable because of the duration or geographic scope of such provision, such court shall have the power to reduce the duration or scope of such provision, as the case may be, to as close to the terms hereof as shall be enforceable and, in its reduced form, such provision shall then be enforceable.
Appears in 7 contracts
Samples: Letter Agreement (FreightCar America, Inc.), Employment Agreement (FreightCar America, Inc.), Employment Agreement (FreightCar America, Inc.)
Blue Pencil. If any court determines that the covenants contained in this Section 87, or any part hereof, are unenforceable because of the duration or geographic scope of such provision, such court shall have the power to reduce the duration or scope of such provision, as the case may be, to as close to the terms hereof as shall be enforceable and, in its reduced form, such provision shall then be enforceable.
Appears in 5 contracts
Samples: Letter Agreement (FreightCar America, Inc.), Letter Agreement (FreightCar America, Inc.), Letter Agreement (FreightCar America, Inc.)
Blue Pencil. If any court determines that any of the covenants contained set forth in this Section 85.01, or any part hereofthereof, are is unenforceable because of the duration or geographic scope of such provision, such court shall have the power to reduce the duration or scope of such provision, as the case may be, to as close to the terms hereof as shall be enforceable and, in its reduced form, such provision shall then be enforceable.
Appears in 4 contracts
Samples: Stockholders Agreement, Preferred Stock Subscription Agreement, Investors Agreement (Encore Capital Group Inc)
Blue Pencil. If any court determines that any of the covenants contained set forth in this Section 8ARTICLE VII, or any part hereofthereof, are is unenforceable because of the duration or geographic scope of such provision, such court shall have the power to reduce the duration or scope of such provision, as the case may be, to as close to the terms hereof as shall be enforceable and, in its reduced form, such provision shall then be enforceable.
Appears in 2 contracts
Blue Pencil. If any court determines that the covenants contained in this Section 89, or any part hereof, are unenforceable because of the duration or geographic scope of such provision, such court shall have the power to reduce the duration or scope of such provision, as the case may be, to as close to the terms hereof as shall be enforceable and, in its reduced form, such provision shall then be enforceable.
Appears in 2 contracts
Samples: Employment Agreement (FreightCar America, Inc.), Employment Agreement (FreightCar America, Inc.)
Blue Pencil. If any court determines that construes the covenants contained covenant in this Section 87.1, or any part hereofthereof, are to be unenforceable because of the its duration or geographic scope of such provisionthe area covered thereby, such the court shall have the power to reduce the duration or scope of area to the extent necessary so that the provision is enforceable, and such provision, as the case may bereduced, to as close to the terms hereof as shall be enforceable and, in its reduced form, such provision shall then be enforceable.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Education Management Corporation), Stock Purchase Agreement (Argosy Education Group Inc)
Blue Pencil. If any court determines that any of the covenants contained set forth in this Section 80, or any part hereofthereof, are is unenforceable because of the duration or geographic scope of such provision, such court shall have the power to reduce the duration or scope of such provision, as the case may be, to as close to the terms hereof as shall be enforceable and, in its reduced form, such provision shall then be enforceable.
Appears in 1 contract
Samples: Executive Employment Agreement (Biopower Operations Corp)
Blue Pencil. If any court determines that the covenants contained in this Section 812, or any part hereof, are unenforceable because of the duration or geographic scope of such provision, such court shall have the power to reduce the duration or scope of such provision, as the case may be, to as close to the terms hereof as shall be enforceable and, in its reduced form, such provision shall then be enforceable.
Appears in 1 contract
Blue Pencil. If any court determines that any of the covenants contained set forth in this Section 84.01, or any part hereofthereof, are is unenforceable because of the duration or geographic scope of such provision, such court shall have the power to reduce the duration or scope of such provision, as the case may be, to as close to the terms hereof as shall be enforceable and, in its reduced form, such provision shall then be enforceable.
Appears in 1 contract
Blue Pencil. If any court determines that the covenants contained in this Section 85, or any part hereof, are unenforceable because of the duration or geographic scope of such provision, such court shall have the power to reduce the duration or scope of such provision, as the case may be, to as close to the terms hereof as shall be enforceable and, in its reduced form, such provision shall then be enforceable.
Appears in 1 contract
Samples: Inducement Stock Option Award Agreement (FreightCar America, Inc.)
