Invalid Provisions. If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws effective during the term of this Agreement, such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement, unless such continued effectiveness of this Agreement, as modified, would be contrary to the basic understandings and intentions of the parties as expressed herein.
Appears in 31 contracts
Samples: Credit Agreement (Mobile Infrastructure Corp), Term Loan Agreement (Sila Realty Trust, Inc.), Revolving Credit Agreement (Sila Realty Trust, Inc.)
Invalid Provisions. If any provision of this Agreement is held to be illegal, invalid, invalid or unenforceable under any present or future laws effective during law or order, and if the term rights or obligations of any party hereto under this AgreementAgreement will not be materially and adversely affected thereby, (i) such provision shall will be fully severable and severable, (ii) this Agreement shall will be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreementhereof, and (iii) the remaining provisions of this Agreement shall will remain in full force and effect and shall will not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement, unless such continued effectiveness of this Agreement, as modified, would be contrary to the basic understandings and intentions of the parties as expressed hereinherefrom.
Appears in 30 contracts
Samples: Agreement and Plan of Merger, Amended and Restated Agreement and Plan of Merger, Stock Purchase Agreement (Midamerican Energy Holdings Co /New/)
Invalid Provisions. If any provision of this Agreement is held to be illegal, invalid, invalid or unenforceable under any present or future laws effective during law, and if the term rights or obligations of any party hereto under this AgreementAgreement will not be materially and adversely affected thereby, (i) such provision shall will be fully severable and severable, (ii) this Agreement shall will be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, hereof and (iii) the remaining provisions of this Agreement shall will remain in full force and effect and shall will not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement, unless such continued effectiveness of this Agreement, as modified, would be contrary to the basic understandings and intentions of the parties as expressed hereinherefrom.
Appears in 29 contracts
Samples: Registration Rights Agreement (Seitel Management, Inc.), Registration Rights Agreement (Grupo Minero Mexico Internacional Sa De Cv), Registration Rights Agreement (Sr Telecom Inc)
Invalid Provisions. If any provision of this Agreement is held to be illegal, invalid, invalid or unenforceable under any present or future laws effective during law, and if the term rights or obligations of any party hereto under this AgreementAgreement will not be materially and adversely affected thereby, (a) such provision shall will be fully severable and severable, (b) this Agreement shall will be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, hereof and (c) the remaining provisions of this Agreement shall will remain in full force and effect and shall will not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement, unless such continued effectiveness of this Agreement, as modified, would be contrary to the basic understandings and intentions of the parties as expressed hereinherefrom.
Appears in 16 contracts
Samples: Registration Rights Agreement (Viskase Companies Inc), Registration Rights Agreement (Cyberkinetics Neurotechnology Systems, Inc.), Interest Purchase Agreement (Shea Development Corp.)
Invalid Provisions. If any provision of this Agreement is held to be illegal, invalid, invalid or unenforceable under any present or future laws effective during Law, and if the term rights or obligations of any party hereto under this AgreementAgreement will not be materially and adversely affected thereby, (a) such provision shall will be fully severable and severable, (b) this Agreement shall will be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreementhereof, and (c) the remaining provisions of this Agreement shall will remain in full force and effect and shall will not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement, unless such continued effectiveness of this Agreement, as modified, would be contrary to the basic understandings and intentions of the parties as expressed hereinhere from.
Appears in 14 contracts
Samples: Membership Interest Purchase Agreement (American Real Estate Partners L P), Agreement and Plan of Merger (American Real Estate Partners L P), Agreement and Plan of Merger (American Real Estate Partners L P)
Invalid Provisions. If any provision of this Agreement is held to be illegal, invalid, invalid or unenforceable under any present or future laws effective during Law, and if the term rights or obligations of any party hereto under this AgreementAgreement will not be materially and adversely affected thereby, (a) such provision shall will be fully severable and severable, (b) this Agreement shall will be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, hereof and (c) the remaining provisions of this Agreement shall will remain in full force and effect and shall will not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement, unless such continued effectiveness of this Agreement, as modified, would be contrary to the basic understandings and intentions of the parties as expressed hereinherefrom.
Appears in 14 contracts
Samples: Asset Purchase Agreement (Nevada Gold & Casinos Inc), Asset Purchase Agreement (Nevada Gold & Casinos Inc), Asset Purchase Agreement (Lime Energy Co.)
Invalid Provisions. If any provision of this Agreement is held to be illegal, invalid, invalid or unenforceable under any present or future laws effective during law, and if the term rights or obligations of any party hereto under this AgreementAgreement will not be materially and adversely affected thereby, (a) such provision shall will be fully severable and severable, (b) this Agreement shall will be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreementhereof, and (c) the remaining provisions of this Agreement shall will remain in full force and effect and shall will not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement, unless such continued effectiveness of this Agreement, as modified, would be contrary to the basic understandings and intentions of the parties as expressed hereinherefrom.
Appears in 13 contracts
Samples: Asset and Stock Purchase Agreement (Catalyst Paper Corp), Asset and Stock Purchase Agreement (Catalyst Paper Corp), Asset and Stock Purchase Agreement (AbitibiBowater Inc.)
Invalid Provisions. If any provision of this Agreement is held to be illegal, invalid, invalid or unenforceable under any present or future laws effective during Law or Order, and if the term rights or obligations of any party hereto under this AgreementAgreement will not be materially and adversely affected thereby, (i) such provision shall will be fully severable and severable, (ii) this Agreement shall will be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreementhereof, and (iii) the remaining provisions of this Agreement shall will remain in full force and effect and shall will not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement, unless such continued effectiveness of this Agreement, as modified, would be contrary to the basic understandings and intentions of the parties as expressed hereinherefrom.
Appears in 10 contracts
Samples: Agreement and Plan of Merger (Fairpoint Communications Inc), Agreement and Plan of Merger (Garden Fresh Restaurant Corp /De/), Agreement and Plan of Merger (Garden Fresh Restaurant Corp /De/)
Invalid Provisions. If any provision of this Agreement is held to be illegal, invalid, invalid or unenforceable under any present or future laws effective during law, and if the term intended rights of any party hereto under this AgreementAgreement will not be forfeited in any material respect as a result thereof, (i) such provision shall will be fully severable and severable, (ii) this Agreement shall will be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, hereof and (iii) the remaining provisions of this Agreement shall will remain in full force and effect and shall will not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement, unless such continued effectiveness of this Agreement, as modified, would be contrary to the basic understandings and intentions of the parties as expressed hereinherefrom.
Appears in 10 contracts
Samples: Stockholders Agreement (United Engineers LTD), Shareholders Agreement (Zix Corp), Stockholders Agreement (Wonder Auto Technology, Inc)
Invalid Provisions. If any provision of this Agreement is held to be illegal, invalid, invalid or unenforceable under any present or future laws effective during Law, and if the term rights or obligations of a Party under this AgreementAgreement will not be materially and adversely affected thereby, (a) such provision shall will be fully severable and severable, (b) this Agreement shall will be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreementhereof, and (c) the remaining provisions of this Agreement shall will remain in full force and effect and shall will not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement, unless such continued effectiveness of this Agreement, as modified, would be contrary to the basic understandings and intentions of the parties as expressed hereinherefrom.
Appears in 8 contracts
Samples: Master Purchase Agreement (International Rectifier Corp /De/), Stock Purchase Agreement (International Rectifier Corp /De/), Stock Purchase Agreement (International Rectifier Corp /De/)
Invalid Provisions. If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws effective during the term of this Agreement, such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement, unless such continued effectiveness of this Agreement, as modified, would be contrary to the basic understandings and intentions of the parties as expressed herein. If any provision of this Agreement shall conflict with or be inconsistent with any provision of any of the other Loan Documents, then the terms, conditions and provisions of this Agreement shall prevail.
Appears in 8 contracts
Samples: Credit Agreement, Credit Agreement (HarbourVest - Origami Structured Solutions L.P.), Revolving Loan Agreement (Viggle Inc.)
Invalid Provisions. If any provision of this Agreement is held to be illegal, invalid, invalid or unenforceable under any present or future laws effective during Law, and if the term rights or obligations of any party hereto under this AgreementAgreement will not be materially and adversely affected thereby, (i) such provision shall will be fully severable and severable, (ii) this Agreement shall will be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, hereof and (iii) the remaining provisions of this Agreement shall will remain in full force and effect and shall will not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement, unless such continued effectiveness of this Agreement, as modified, would be contrary to the basic understandings and intentions of the parties as expressed hereinherefrom.
Appears in 5 contracts
Samples: Asset Purchase Agreement (KeyOn Communications Holdings Inc.), Stock Purchase Agreement (Trump Entertainment Resorts Funding Inc), Purchase and Sale Agreement (Fitzgeralds Gaming Corp)
Invalid Provisions. If any provision of this Agreement is held to be illegal, invalid, invalid or unenforceable under any present or future laws effective during laws, and if the term rights or obligations of any Party hereto under this AgreementAgreement will not be materially and adversely affected thereby, (a) such provision shall will be fully severable and severable, (b) this Agreement shall will be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreementhereof, and (c) the remaining provisions of this Agreement shall will remain in full force and effect and shall will not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement, unless such continued effectiveness of this Agreement, as modified, would be contrary to the basic understandings and intentions of the parties as expressed hereinherefrom.
Appears in 5 contracts
Samples: www.sec.gov, Mutual Termination Agreement (Live Current Media Inc.), Novation Agreement (Live Current Media Inc.)
Invalid Provisions. If any provision of this Agreement is held to be illegal, invalid, invalid or unenforceable under any present or future laws effective during Law, and if the term rights or obligations of any Party under this AgreementAgreement shall not be materially and adversely affected thereby, (a) such provision shall be fully severable and severable; (b) this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, hereof; and (c) the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement, unless such continued effectiveness of this Agreement, as modified, would be contrary to the basic understandings and intentions of the parties as expressed hereinherefrom.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Otter Tail Corp), Purchase and Sale Agreement (Otter Tail Corp)
Invalid Provisions. If any provision of this Agreement is held to be illegal, invalid, invalid or unenforceable under any present or future laws effective during the term of this AgreementLaw, (a) such provision shall be fully severable and severable, (b) this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreementhereof, and (c) the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from herefrom, and (d) the parties shall negotiate in good faith to modify this Agreement, unless such continued effectiveness of this Agreement, Agreement so as modified, would be contrary to effect the basic understandings and intentions original intent of the parties as expressed hereinclosely as possible, in a mutually acceptable manner, in order that the Transactions be consummated as originally contemplated to the fullest extent possible.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Greenrose Acquisition Corp.)
Invalid Provisions. If any provision of this Agreement is held to be illegal, invalid, invalid or unenforceable under present or future laws effective during the term of this Agreement, 292 such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement, unless such continued effectiveness of this Agreement, as modified, would be contrary to the basic understandings and intentions of the parties as expressed herein.
Appears in 1 contract
Samples: Management Agreement (Horizon Group Properties Inc)
Invalid Provisions. If any provision provisions of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws effective during the term of this Agreement, such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this NYCDMS/447815.10 Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement, unless such continued effectiveness of this Agreement, as modified, would be contrary to the basic understandings and intentions of the parties as expressed herein.
Appears in 1 contract
Invalid Provisions. If any provision of this Agreement is held to be illegal, invalid, invalid or unenforceable under any present or future laws effective during Law, and if the term rights or obligations of any Party under this AgreementAgreement shall not be materially and adversely affected thereby, (a) such provision shall be fully severable and severable, (b) this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreementhereof, and (c) the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement, unless such continued effectiveness of this Agreement, as modified, would be contrary to the basic understandings and intentions of the parties as expressed hereinherefrom.
Appears in 1 contract
Invalid Provisions. If any provision of this Agreement is ------------ ------------------ held to be illegal, invalid, or unenforceable under present or future laws effective during the term of this Agreement, such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement, unless such continued effectiveness of this Agreement, as modified, would be contrary to the basic understandings and intentions of the parties as expressed herein.
Appears in 1 contract
Samples: Pledge Agreement (Centris Group Inc)
Invalid Provisions. If any provision of this Agreement is held to be illegal, invalid, invalid or unenforceable under any present or future laws effective during Law, and if the term rights or obligations of any Party under this AgreementAgreement shall not be materially and adversely affected thereby, (a) such provision shall be fully severable and severable, (b) this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreementhereof, and (c) the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement, unless such continued effectiveness of this Agreement, as modified, would be contrary to the basic understandings and intentions of the parties as expressed herein.herefrom. 11.10
Appears in 1 contract
Samples: Omnibus Agreement
Invalid Provisions. If any provision of this Agreement is held to be illegal, invalid, invalid or unenforceable under present or future laws effective during the term of this Agreementlaws, such provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement, unless such continued effectiveness of this Agreement, as modified, would be contrary to the basic understandings and intentions of the parties as expressed herein.
Appears in 1 contract
Samples: Master Modification Agreement (Prime Retail Inc/Bd/)
