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Cumulative Rights and Severability Sample Clauses

Cumulative Rights and Severability. All rights and remedies of the Purchasers and Agent hereunder shall be cumulative and non-exclusive of any rights or remedies such Persons have under law or otherwise. Any provision hereof that is prohibited or unenforceable in any jurisdiction shall, in such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof and without affecting such provision in any other jurisdiction.
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Cumulative Rights and Severability. All rights and remedies of the Lenders and the Transaction Agents hereunder shall be cumulative and non-exclusive of any rights or remedies such Persons have under law or otherwise. Any provision hereof that is prohibited or unenforceable in any jurisdiction shall, in such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof and without affecting such provision in any other jurisdiction.
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Cumulative Rights and Severability. Nothing herein shall be deemed to diminish or otherwise restrict the Indemnitee's right to indemnification under the Company's directors' and officers' liability insurance, any provision of the Certificate of Incorporation, By-laws, vote of stockholders or disinterested directors, or under the DGCL or any other applicable law. On the contrary, the rights granted to Indemnitee hereunder are intended to protect Indemnitee to the fullest extent permitted by law and shall be cumulative and in addition to any rights that Indemnitee may have from any other source. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable for any reason whatsoever, (i) the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby and (ii) to the fullest extent possible the provisions of this Agreement shall be construed so as to give effect to the intent manifested by the provisions held invalid, illegal or unenforceable.
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Cumulative Rights and Severability. To the extent permitted by applicable law, all rights and remedies of the Noteholders and the Trustee hereunder shall be cumulative and non-exclusive of any rights or remedies such Persons have under law or otherwise. Any provision hereof that is prohibited or unenforceable in any jurisdiction shall, in such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof and without affecting such provision in any other jurisdiction.
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Cumulative Rights and Severability. Section 9.7 Waivers; Section 9.9
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Cumulative Rights and Severability. Section 9.17. Governing Law; Submission to Jurisdiction Section 9.18. WAIVER OF TRIAL BY JURY Section 9.19. Entire Agreement. Schedule I Definitions Schedule II Committed Conduit Purchasers and Related Bank Purchasers and their respective Commitments Exhibit A Form of Incremental Purchase Request Exhibit B-1 Form of Monthly Report Exhibit B-2 Form of Weekly Report Exhibit B-3 Form of Daily Report Exhibit C Addresses and Names of Seller and Originator Exhibit D Lock-Boxes and Lock-Box Banks Exhibit E Form of Lock-Box Letter Exhibit F Credit and Collection Policy Exhibit G Accounting Calendar Exhibit H Opinion of Xxxx, Xxxx & Xxxxx LLC THIRD AMENDED AND RESTATED RECEIVABLES SALE AGREEMENT, dated as of June 20, 2005, among Loving Creek Funding Corporation, a Delaware corporation (the “Seller”), OfficeMax Incorporated (formerly known as Boise Cascade Corporation) (the “Initial Collection Agent”), ABN AMRO Bank N.V., as agent for the Purchasers (the “Agent”) and as the Windmill Purchaser Agent (“Windmill Purchaser Agent”), Wachovia Bank, N.A., as the Blue Ridge Purchaser Agent (“Blue Ridge Purchaser Agent”), the other Purchaser Agents from time to time party hereto (collectively with the Windmill Purchaser Agent and the Blue Ridge Purchaser Agent, the “Purchaser Agents”), the Related Bank Purchasers from time to time party hereto (collectively, the “Related Bank Purchasers”), Windmill Funding Corporation, as a Conduit Purchaser (“Windmill”) and Blue Ridge Funding Corporation, as a Conduit Purchaser (“Blue Ridge”). Certain capitalized terms used herein, and certain rules of construction, are defined in Schedule I. The Conduit Purchasers and the Related Bank Purchasers and their respective Commitments are listed on Schedule II. Reference is made to that certain Second Amended and Restated Receivables Sale Agreement dated as of November 17, 2000, as amended, currently in effect among Loving Creek Funding Corporation (the “Seller”), OfficeMax Incorporated (formerly known as Boise Cascade Corporation) (the “Initial Collection Agent”), ABN AMRO Bank N.V., as agent for the Purchasers (the “Agent”) and as the Windmill Purchaser Agent (“Windmill Purchaser Agent”), Wachovia Bank, N.A., as the Blue Ridge Purchaser Agent (“Blue Ridge Purchaser Agent”), the other Purchaser Agents from time to time party thereto (collectively, the “Purchaser Agents”), the Related Bank Purchasers from time to time party thereto (collectively, the “Related Bank Purchasers”), Windmill Funding C...
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Cumulative Rights and Severability. All rights and remedies of the Senior Creditors and Agent hereunder shall be cumulative and non-exclusive of any rights or remedies such Persons have under law or otherwise. Any provision hereof this is prohibited or unenforceable in any jurisdiction shall, in such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provision hereof and without affecting such provision in any other jurisdiction.
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Cumulative Rights and Severability. All rights and remedies of the Lenders, the Security Agent and the Administrative Agent hereunder and under any other Transaction Document shall be cumulative and non-exclusive of any rights or remedies such Persons have under law or otherwise. To the fullest extent permitted by law, any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
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Cumulative Rights and Severability. All rights and remedies of the parties hereunder are cumulative and non-exclusive of any rights or remedies such Persons have under law or otherwise. Any provision hereof that is prohibited or unenforceable in any jurisdiction is ineffective in such jurisdiction to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof and without affecting such provision in any other jurisdiction.
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Related to Cumulative Rights and Severability

  • Waiver and Severability No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

  • WAIVER AND SEVERABILITY OF TERMS At any time, should Xxxxx Xxxxx fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

  • Non-Severability Each of the terms of this Disaffiliation Agreement is a material and integral part hereof. Should any provision of this Disaffiliation Agreement be held unenforceable or contrary to law, the entire Disaffiliation Agreement shall be deemed null and void.

  • Governing Law and Severability This Agreement shall be governed by the laws of the State of Texas without regard to its conflicts of law provisions. The invalidity of any provision of this Agreement shall not affect any other provision of this Agreement, which shall remain in full force and effect.

  • Construction and Severability If any provision of this Agreement shall be held invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired, and the parties undertake to implement all efforts which are necessary, desirable and sufficient to amend, supplement or substitute all and any such invalid, illegal or unenforceable provisions with enforceable and valid provisions which would produce as nearly as may be possible the result previously intended by the parties without renegotiation of any material terms and conditions stipulated herein.

  • Modification and Severability The Contract may only be modified by written agreement between the Department and the Contractor. Should a court determine any provision of the Contract is invalid, the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if the Contract did not contain the provision held invalid.

  • Waiver of Breach and Severability The waiver by either party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party. In the event any provision of this Agreement is found to be invalid or unenforceable, it may be severed from the Agreement and the remaining provisions of the Agreement shall continue to be binding and effective.

  • Integration and Severability This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements and understandings (whether written or oral) between the Parties. The provisions of this Agreement are severable, and in the event any provisions of this Agreement shall be determined to be invalid or unenforceable under any controlling body of law, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.

  • Reformation and Severability In case any provision of this Agreement shall be invalid, illegal or unenforceable, it shall, to the extent possible, be modified in such manner as to be valid, legal and enforceable but so as to most nearly retain the intent of the parties, and if such modification is not possible, such provision shall be severed from this Agreement, and in either case the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby.

  • Controlling Law and Severability This License will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer based in the United Kingdom, this License will be governed by the laws of the jurisdiction of your residence. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

Most Referenced Clauses

Most Referenced Definitions