Common use of Modification of Covenant Clause in Contracts

Modification of Covenant. If a final judgment of a court or tribunal of competent jurisdiction determines that any term or provision contained in Sections 6.7(a) through (c) is invalid or unenforceable, then the parties agree that the court or tribunal will have the power to reduce the scope, duration or geographic area of the term or provision, to delete specific words or phrases or to replace any invalid or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision. This Section 6.7(c) will be enforceable as so modified after the expiration of the time within which the judgment may be appealed. This Section 6.7(c) is reasonable and necessary to protect and preserve Purchaser’s legitimate business interests, the value of the Contemplated Transactions to Purchaser, and to prevent any unfair advantage conferred on Sellers.

Modification of Covenant. If a final judgment of a court or tribunal of competent jurisdiction determines that any term or provision contained in Sections 6.7(a) through (cSection 9(b) is invalid or unenforceable, then the parties Parties agree that the court or tribunal will have the power to reduce the scope, duration or geographic area of the term or provision, to delete specific words or phrases or to replace any invalid or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision. This Section 6.7(c9(b) will be enforceable as so modified after the expiration of the time within which the judgment may be appealed. This Section 6.7(c9(b) is a material inducement of Buyer to enter into this Agreement and is reasonable and necessary to protect and preserve PurchaserBuyer’s legitimate business interests, interests and the value of the Contemplated Transactions to Purchaser, assets of the Companies and to prevent any unfair advantage conferred on SellersStockholder.

Modification of Covenant. If a final judgment of a court or tribunal of competent jurisdiction determines that any term or provision contained in Sections 6.7(aSection 10.7(a) through (c) is invalid or unenforceable, then the parties agree that the court or tribunal will have the power to reduce the scope, duration or geographic area of the term or provision, to delete specific words or phrases or to replace any invalid or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision. This Section 6.7(c) 10.7 will be enforceable as so modified after the expiration of the time within which the judgment may be appealed. This Seller and each Shareholder expressly agrees that this Section 6.7(c) 10.7 is reasonable and necessary to protect and preserve Purchaser’s Buyer's legitimate business interests, interests and the value of the Contemplated Transactions to Purchaser, Purchased Assets and to prevent any unfair advantage conferred on SellersSeller or any Shareholder.

Modification of Covenant. If a final judgment of a court or tribunal of competent jurisdiction determines that any term or provision contained in Sections 6.7(a10.1(a) through (c) is invalid or unenforceable, then the parties agree that the court or tribunal will have the power power, and is hereby directed, to reduce the scope, duration or geographic area of the term or provision, to delete specific words or phrases or to replace any invalid or unenforceable term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision. This Section 6.7(c) 10.1 will be enforceable as so modified after the expiration of the time within which the judgment may be appealed. This Seller and the Member acknowledge and agree that this Section 6.7(c) 10.1 is reasonable and necessary to protect and preserve PurchaserBuyer’s legitimate business interests, interests and the value of the Contemplated Transactions to Purchaser, Business and to prevent any unfair advantage from being conferred on SellersSeller, the Member or any of their Affiliates.