Common use of Modification and Severability Clause in Contracts

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warrant, but this Warrant shall be construed as if such unenforceable provision had never been contained herein.

Appears in 609 contracts

Samples: Subscription Agreement (Sizzle Acquisition Corp.), Share Purchase Agreement (FibroBiologics Inc.), Share Purchase Agreement (Nxu, Inc.)

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Modification and Severability. If, in any action before any court or ----------------------------- agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warrant, but this Warrant shall be construed as if such unenforceable provision had never been contained herein.

Appears in 15 contracts

Samples: Agreement (Xceed Inc), Agreement (Xceed Inc), Skylynx Communications Inc

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this WarrantAgreement, but this Warrant Agreement shall be construed as if such unenforceable provision had never been contained herein.

Appears in 13 contracts

Samples: Registration Rights (Post Road Special Opportunity Fund II LP), Registration Rights (Digerati Technologies, Inc.), Warrant Agreement (Panache Beverage, Inc.)

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this WarrantOption, but this Warrant Option shall be construed as if such unenforceable provision had never been contained herein.

Appears in 10 contracts

Samples: Option Agreement (Brazil Minerals, Inc.), Option Agreement (Brazil Minerals, Inc.), Option Agreement (Brazil Minerals, Inc.)

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this WarrantDebenture, but this Warrant Debenture shall be construed as if such unenforceable provision had never been contained herein.

Appears in 9 contracts

Samples: Convertible Debenture (Sports Field Holdings, Inc.), Escrow Agreement (Wizard World, Inc.), MamaMancini's Holdings, Inc.

Modification and Severability. If, in any action before ----------------------------- any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warrant, but this Warrant shall be construed as if such unenforceable provision had never been contained herein.

Appears in 8 contracts

Samples: Preferred Stock Purchase Agreement (DentalServ.com), Preferred Stock Purchase Agreement (DentalServ.com), Preferred Stock Purchase Agreement (DentalServ.com)

Modification and Severability. If, in any action before any court ------------------------------ or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warrant, but this Warrant shall be construed as if such unenforceable provision had never been contained herein.

Appears in 7 contracts

Samples: Note and Warrant Purchase Agreement (Charys Holding Co Inc), Hienergy Technologies Inc, Hienergy Technologies Inc

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this WarrantAmendment, but this Warrant Amendment shall be construed as if such unenforceable provision had never been contained herein.

Appears in 3 contracts

Samples: Registration Rights Agreement (C-Iii Capital Partners LLC), Registration Rights Agreement (Colony Financial, Inc.), Registration Rights Agreement (Grubb & Ellis Co)

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warrant, but this Warrant shall be construed as if such unenforceable provision had never been contained herein. 18.

Appears in 3 contracts

Samples: Warrant Purchase Agreement (Telenetics Corp), Telenetics Corp, Telenetics Corp

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable durable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this WarrantAgreement, but this Warrant Agreement shall be construed as if such unenforceable provision had never been contained herein.

Appears in 3 contracts

Samples: Sentry Technology Corp, NextWave Wireless LLC, Pw Eagle Inc

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this WarrantWarrant Certificate, but this Warrant Certificate shall be construed as if such unenforceable provision had never been contained herein.

Appears in 3 contracts

Samples: Security Agreement (Flux Power Holdings, Inc.), Unit Subscription Agreement (Flux Power Holdings, Inc.), Unit Subscription Agreement (Flux Power Holdings, Inc.)

Modification and Severability. If, in any action before any court or ------------------------------- agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warrant, but this Warrant shall be construed as if such unenforceable provision had never been contained herein.

Appears in 3 contracts

Samples: Amanda Co Inc, Amanda Co Inc, Amanda Co Inc

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or of agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability unenforceablilty of such provision shall not affect the other provisions of this Warrant, but this Warrant shall be construed as if such unenforceable provision had never been contained herein.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Western Publishing Group Inc), Securities Purchase Agreement (Golden Press Holding LLC)

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this WarrantNote, but this Warrant Note shall be construed as if such unenforceable provision had never been contained herein.

Appears in 2 contracts

Samples: Wild Craze, Inc., Wild Craze, Inc.

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warrantherein, but this Warrant Debenture shall be construed as if such unenforceable provision had never been contained herein.

Appears in 2 contracts

Samples: Convertible Debenture (Balance Labs, Inc.), Axxess Pharma Inc.

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warrant, but this Warrant shall be construed as if such unenforceable provision had never been contained herein. 17.

Appears in 2 contracts

Samples: Registration Rights Agreement (Alterra Healthcare Corp), McLaren Performance Technologies Inc

Modification and Severability. If, in any action before any court ----------------------------- or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warrant, but this Warrant shall be construed as if such unenforceable provision had never been contained herein.

Appears in 2 contracts

Samples: Fibernet Telecom Group Inc\, Fibernet Telecom Group Inc\

Modification and Severability. If, in any action before any court ------------------------------ or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warrant, but this Warrant shall be construed as if such unenforceable provision had never been contained herein.or

Appears in 1 contract

Samples: Hienergy Technologies Inc

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable unenforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warranthereof, but this Warrant certificate shall be construed as if such unenforceable provision had never been contained herein.

Appears in 1 contract

Samples: Bridge Funding and Amendment Agreement (Mail Com Inc)

Modification and Severability. If, in any action before any court or ------------------------------- agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warrant, but this Warrant shall be construed as if such unenforceable provision had never been contained herein. 16.

Appears in 1 contract

Samples: Imaging Technologies Corp/Ca

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Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable unenforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warrant, but this Warrant shall be construed as if such unenforceable provision had never been contained herein.

Appears in 1 contract

Samples: Amerigon Inc

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable durable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warrant, but this Warrant shall be construed as if such unenforceable provision had never been contained herein.the

Appears in 1 contract

Samples: Registration Rights Agreement (Dimeling Schreiber & Park)

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warrantherein, but this Warrant Note shall be construed as if such unenforceable provision had never been contained herein.

Appears in 1 contract

Samples: Vizconnect, Inc.

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warrant, but this Warrant shall be construed as if such unenforceable provision had never been been’ contained herein.

Appears in 1 contract

Samples: Credit Agreement (American Apparel, Inc)

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warrantagreement, but this Warrant agreement shall be construed as if such unenforceable provision had never been contained herein.

Appears in 1 contract

Samples: BioNeutral Group, Inc

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If if any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this WarrantAgreement, but this Warrant Agreement shall be construed as if such unenforceable provision had never been contained herein.

Appears in 1 contract

Samples: Warrant Agreement (Monitronics International Inc)

Modification and Severability. If, If in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warrant, Warrant but this Warrant shall be construed as if such unenforceable provision had never been contained herein.

Appears in 1 contract

Samples: Biodel Inc

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be invalid, illegal or unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warrant, but this Warrant shall be construed as if such unenforceable provision had never been contained hereinherein and shall be conclusively deemed to be severable therefrom.

Appears in 1 contract

Samples: World Energy Solutions, Inc.

Modification and Severability. If, in any action before any court or ----------------------------- agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this WarrantAgreement, but this Warrant Agreement shall be construed as if such unenforceable provision had never been contained herein.

Appears in 1 contract

Samples: Friedmans Inc

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this WarrantNote, but this Warrant Note shall be construed as if such unenforceable provision had never been contained herein.

Appears in 1 contract

Samples: Kannalife Inc

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of ­ ­ ­ ­ ­ this Warrant, but this Warrant shall be construed as if such unenforceable provision had never been contained herein.

Appears in 1 contract

Samples: Axm Pharma Inc

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warrant, but this Warrant shall be construed as if such unenforceable provision had never been contained herein.. ­ ­ ­ ­ ­

Appears in 1 contract

Samples: Axm Pharma Inc

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