Interpretation; Severability. Article, Section, Schedule, and Exhibit references are to this Agreement, unless otherwise specified. All references to instruments, documents, contracts, and agreements are references to such instruments, documents, contracts, and agreements as the same may be amended, supplemented, and otherwise modified from time to time, unless otherwise specified. The word “including” shall mean “including but not limited to.” Whenever any party has an obligation under this Agreement, the expense of complying with that obligation shall be an expense of such party unless otherwise specified. If any provision of this Agreement is held to be illegal, invalid, not binding, or unenforceable, such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal, invalid, not binding, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions shall remain in full force and effect.
Appears in 13 contracts
Samples: Purchase Agreement (Terrestar Corp), Securities Purchase Agreement (Black Hills Corp /Sd/), Right of First Offer Agreement (Terrestar Corp)
Interpretation; Severability. Article, Section, Schedule, and Exhibit references are to this Agreement, unless otherwise specified. All references to instruments, documents, contracts, and agreements are references to such instruments, documents, contracts, and agreements as the same may be amended, supplemented, and otherwise modified from time to time, unless otherwise specified. The word “"including” " shall mean “"including but not limited to.” " Whenever any party has an obligation under this Agreement, the expense of complying with that obligation shall be an expense of such party unless otherwise specified. If any provision of this Agreement is held to be illegal, invalid, not binding, or unenforceable, such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal, invalid, not binding, or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions shall remain in full force and effect.
Appears in 3 contracts
Samples: Spectrum Contribution Agreement (Harbinger Capital Partners Master Fund I, Ltd.), Master Investment Agreement (Harbinger Capital Partners Master Fund I, Ltd.), Right of First Offer Agreement (Harbinger Capital Partners Master Fund I, Ltd.)
Interpretation; Severability. Article, Section, Schedule, and Exhibit references are to this Spectrum Agreement, unless otherwise specified. All references to instruments, documents, contracts, and agreements are references to such instruments, documents, contracts, and agreements as the same may be amended, supplemented, and otherwise modified from time to time, unless otherwise specified. The word “including” shall mean “including but not limited to.” Whenever any party has an obligation under this Spectrum Agreement, the expense of complying with that obligation shall be an expense of such party unless otherwise specified. If any provision of this Spectrum Agreement is held to be illegal, invalid, not binding, or unenforceable, such provision shall be fully severable and this Spectrum Agreement shall be construed and enforced as if such illegal, invalid, not binding, or unenforceable provision had never comprised a part of this Spectrum Agreement, and the remaining provisions shall remain in full force and effect.
Appears in 2 contracts
Samples: Spectrum Agreement, Spectrum Agreement (Terrestar Corp)
