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 Section 9(b) 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. Section 9(b) will be enforceable as so modified after the expiration of the time within which the judgment may be appealed. Section 9(b) is a material inducement of Buyer to enter into this Agreement and is reasonable and necessary to protect and preserve Buyer’s legitimate business interests and the value of the assets of the Companies and to prevent any unfair advantage conferred on Stockholder.

Modification of Covenant. If a final judgment of a court or tribunal of competent jurisdiction determines that any term or provision contained in Section 9(b10.7(a) through (c) 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 9(b) 10.7 will be enforceable as so modified after the expiration of the time within which the judgment may be appealed. Seller and each Shareholder expressly agrees that this Section 9(b) is a material inducement of Buyer to enter into this Agreement and 10.7 is reasonable and necessary to protect and preserve Buyer’s 's legitimate business interests and the value of the assets of the Companies Purchased Assets and to prevent any unfair advantage conferred on StockholderSeller 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 Section 9(bSections 6.7(a) through (c) 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 9(b6.7(c) will be enforceable as so modified after the expiration of the time within which the judgment may be appealed. This Section 9(b6.7(c) is a material inducement of Buyer to enter into this Agreement and is reasonable and necessary to protect and preserve BuyerPurchaser’s legitimate business interests and interests, the value of the assets of the Companies Contemplated Transactions to Purchaser, and to prevent any unfair advantage conferred on StockholderSellers.

Modification of Covenant. If a final judgment of a court or tribunal of competent jurisdiction determines that any term or provision contained in Section 9(b7.9(a) through (c) is invalid or unenforceable, then the Parties parties agree that the court or tribunal will have the power to reduce the scope, duration duration, or geographic area of the term or provision, to delete specific words or phrases 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 9(b) 7.9 will be enforceable as so modified after the expiration of the time within which the judgment may be appealed. This Section 9(b) is a material inducement of Buyer to enter into this Agreement and 7.9 is reasonable and necessary to protect and preserve Buyer’s Purchaser's legitimate business interests and the value of the assets of Business and the Companies Shares and to prevent any unfair advantage being conferred on StockholderSDK and/or Precision or the Shareholders.

Modification of Covenant. If a final judgment of a court or tribunal of competent jurisdiction determines that any term or provision contained in Section 9(bSections 10.1(a) through (c) is invalid or unenforceable, then the Parties 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 9(b) 10.1 will be enforceable as so modified after the expiration of the time within which the judgment may be appealed. Seller and the Member acknowledge and agree that this Section 9(b) is a material inducement of Buyer to enter into this Agreement and 10.1 is reasonable and necessary to protect and preserve Buyer’s legitimate business interests and the value of the assets of the Companies Business and to prevent any unfair advantage from being conferred on StockholderSeller, the Member or any of their Affiliates.