Common use of Court Modification Clause in Contracts

Court Modification. Notwithstanding the foregoing, if the restrictive covenants set forth in this Section 7 are found by a court of competent jurisdiction to contain limitations as to time, geographic area or scope of activity that are not reasonable or not necessary to protect the goodwill or legitimate business interests of the Company, then such court is hereby authorized and requested to reform such provisions to the minimum extent necessary to cause the limitations contained in this Section 7 as to time, geographical area and scope of activity to be reasonable and to impose a restraint that is not greater than necessary to protect the goodwill and legitimate business interests of the Company.

Court Modification. Notwithstanding the foregoing, if the restrictive covenants set forth in this Section 7 6.1 are found by a court of competent jurisdiction to contain limitations as to time, geographic area or scope of activity that are not reasonable or not necessary to protect the goodwill or legitimate business interests of the CompanyBuyer and its Affiliates, then such court is hereby authorized and requested directed to reform such provisions to the minimum extent necessary to cause the limitations contained in this Section 7 6.1 as to time, geographical area and scope of activity to be reasonable and to impose a restraint that is not greater than necessary to protect the goodwill and legitimate business interests of Buyer and its Affiliates (including, after the CompanyClosing, the Business).

Court Modification. Notwithstanding the foregoing, if the restrictive covenants covenant set forth in this Section 7 are 8.1 is found by a court of competent jurisdiction to contain limitations as to time, geographic area or scope of activity that are not reasonable or not necessary to protect the goodwill or legitimate business interests of the CompanyBuyer and its Affiliates, then such court is hereby authorized and requested directed to reform such provisions to the minimum extent necessary to cause the limitations contained in this Section 7 8.1 as to time, geographical area and scope of activity to be reasonable and to impose a restraint that is not greater than necessary to protect the goodwill and legitimate business interests of Buyer and its Affiliates (including, after the CompanyClosing, the Business). Each member of Seller Group acknowledges that Buyer and its Affiliates have a national presence and a nationwide market and therefore have need of a nationwide geographic restriction.

Court Modification. Notwithstanding the foregoing, if the restrictive covenants set forth in this Section 7 6.1 are found by a court of competent jurisdiction to contain limitations as to time, geographic area or scope of activity that are not reasonable or not necessary to protect the goodwill or legitimate business interests of the CompanyBuyer and its 36 Affiliates, then such court is hereby authorized and requested directed to reform such provisions to the minimum extent necessary to cause the limitations contained in this Section 7 6.1 as to time, geographical area and scope of activity to be reasonable and to impose a restraint that is not greater than necessary to protect the goodwill and legitimate business interests of Buyer and its Affiliates (including, after the CompanyClosing, the Business).

Court Modification. Notwithstanding the foregoing, if the restrictive covenants set forth in this Section 7 6.1 are found by a court of competent jurisdiction to contain limitations as to time, geographic area or scope of activity that are not reasonable or not necessary to protect the goodwill or legitimate business interests of Buyer and its Affiliates (including, after the CompanyClosing, the Business), then such court is hereby authorized and requested directed to reform such provisions to the minimum extent necessary to cause the limitations contained in this Section 7 6.1 as to time, geographical area and scope of activity activity, to be reasonable and to impose a restraint that is not greater than necessary to protect the goodwill and legitimate business interests of Buyer and its Affiliates (including, after the CompanyClosing, the Business).

Court Modification. Notwithstanding the foregoing, if the restrictive covenants covenant set forth in this Section 7 are 9.6 is found by a court of competent jurisdiction to contain limitations as to time, geographic area or scope of activity that are not reasonable or not necessary to protect the goodwill or legitimate business interests of the CompanyPurchaser and its Affiliates, then such court is hereby authorized and requested directed to reform such provisions to the minimum extent necessary to cause the limitations contained in this Section 7 9.6 as to time, geographical area and scope of activity to be reasonable and to impose a restraint that is not greater than necessary to protect the goodwill and legitimate business interests of the CompanyPurchaser and its Affiliates.

Court Modification. Notwithstanding the foregoing, if the restrictive covenants set forth in this Section 7 6.1 are found by a court of competent jurisdiction to contain limitations as to time, geographic area or scope of activity that are not reasonable 35 or not necessary to protect the goodwill or legitimate business interests of the CompanyBuyer and its Affiliates, then such court is hereby authorized and requested directed to reform such provisions to the minimum extent necessary to cause the limitations contained in this Section 7 6.1 as to time, geographical area and scope of activity to be reasonable and to impose a restraint that is not greater than necessary to protect the goodwill and legitimate business interests of Buyer and its Affiliates (including, after the Company.Closing, the Business). ARTICLE VII

Court Modification. Notwithstanding the foregoing, if the restrictive covenants set forth in this Section 7 6.1 are found by a court of competent jurisdiction to contain limitations as to time, geographic area or scope of activity that are not reasonable or not necessary to protect the goodwill or legitimate business interests of the CompanyBuyer and its Affiliates, then such court is hereby authorized and requested directed to reform such provisions to the minimum extent necessary to cause the limitations contained in this Section 7 6.1 as to time, geographical area and scope of activity to be reasonable and to impose a restraint that is not greater than necessary to protect the goodwill and legitimate business interests of Buyer and its Affiliates (including, after the Company.Closing, the Business). ARTICLE VII

Court Modification. Notwithstanding the foregoing, if the restrictive covenants covenant set forth in this Section 7 are 7.1 is found by a court of competent jurisdiction to contain limitations as to time, geographic area or scope of activity that are not reasonable or not necessary to protect the goodwill or legitimate business interests of the CompanyBuyer and its Affiliates, then such court is hereby authorized and requested directed to reform such provisions to the minimum extent necessary to cause the limitations contained in this Section 7 7.1 as to time, geographical area and scope of activity to be reasonable and to impose a restraint that is not greater than necessary to protect the goodwill and legitimate business interests of Buyer and its Affiliates (including, after the CompanyClosing, the Business).