PARTIAL ENFORCEMENT. The Company has attempted to limit the rights of the Executive to compete only to the extent necessary to protect the Company from unfair competition. The Company, however, agrees that, if the scope of enforceability of these restrictive covenants is in any way disputed at any time, a court or other trier of fact may modify and enforce the covenant to the extent that it believes to be reasonable under the circumstances existing at the time.
PARTIAL ENFORCEMENT. Subject to Clause 6 (Remedies upon Default), the Collateral Agent shall be entitled to request enforcement of all or part of the Pledged Portfolio in its most absolute discretion. No action, choice or absence of action in this respect, or partial enforcement, shall in any manner affect the Pledge created hereunder over the Pledged Portfolio, as it then shall be (and in particular those Shares which have not been subject to enforcement). The Pledge shall continue to remain in full and valid existence until enforcement, discharge or termination hereof, as the case may be.
PARTIAL ENFORCEMENT. If any of the covenants contained in Section 2, or any part thereof, is held to be unenforceable because of the duration of such provision or the scope of the subject matter thereof or the area covered thereby, the parties agree that the court making such determination shall have the power to reduce the duration, scope and/or area of such provision and, in its reduced form, said provision shall then be enforceable.
PARTIAL ENFORCEMENT. If any term or condition of this Agreement shall be invalid or unenforceable to any extent or in any application, including, but not limited to the non-competition covenants in Section 11, then the remainder of this Agreement, and such term or condition, except to such extent or in such application, shall not be affected thereby, and each and every term and condition of this Agreement shall be valid and enforced to the fullest extent and in the broadest application permitted by law.
PARTIAL ENFORCEMENT. Upon the occurrence of an Enforcement Event, the Pledgee shall have the right to request enforcement of all or part of the Pledged Assets in its absolute discretion. No action, choice or absence of action in this respect, or partial enforcement, shall in any manner affect the security interest created hereunder over the Pledged Assets as it then shall be (and in particular those Pledged Assets which have not been subject to enforcement). The Pledge shall continue to remain in full and valid existence over the Pledged Assets not concerned by the partial enforcement until full discharge or termination hereof, as the case may be, by the Pledgee, even in case of partial enforcement thereof.
PARTIAL ENFORCEMENT. Subject to Clause 10 (Enforcement), the Pledgee shall have the right to request enforcement of the Pledge over all or part of the Security Assets in its absolute discretion. No action, choice or absence of action in this respect, or partial enforcement, shall in any manner affect the security interest/pledge created hereunder over the Security Assets, as it then shall be (and in particular those Shares which have not been subject to enforcement). The Pledge shall continue to remain in full and valid existence until full enforcement, discharge or termination hereof, as the case may be.
PARTIAL ENFORCEMENT. The Security Agent shall have the right, pursuant to the procedures set forth in Clause 5 (Remedies upon Default) of this Agreement, to request enforcement of all or part of the Pledge in its most absolute discretion. In particular, the Security Agent shall, in its most absolute discretion, be entitled to enforce the Pledge over all or part of the Pledged Account Claims only and/or over all or part of the Pledged Securities only. No action, choice or absence of action in this respect, or partial enforcement, shall in any manner affect the Pledge as it then shall be. The security interest/pledge thereover shall continue to remain in full and valid existence until the Security Agent releases the Pledges in accordance with Clause 9.
PARTIAL ENFORCEMENT. If any term or condition of this Agreement shall be invalid or unenforceable to any extent or in any application, then such term or condition shall automatically, and without any further action, be reformed so as to retain the fullest extent of any restriction therein permitted by law and the remainder of this Agreement, and such term or condition, except to such extent or in such application, shall not be affected thereby, and each and every term and condition of this Agreement shall be valid and enforced to the fullest extent and in the broadest application permitted by law.
PARTIAL ENFORCEMENT. Employer has attempted to limit the rights of Executive to compete only to the extent necessary to protect Employer from unfair competition. Employer, however, agrees that, if the scope of enforceability of any of these restrictive covenants is in any way disputed at any time, a court or other trier of fact may modify and enforce such covenant to the extent that it believes to be reasonable under the circumstances existing at the time.
PARTIAL ENFORCEMENT. The Central Bank shall have the right to enforce the Pledge over all or part of the Pledged Assets in its most absolute discretion. No action, choice or absence of action in this respect, or partial enforcement, shall in any manner affect the Pledge created hereunder over the remaining Pledged Assets, for which the Pledge shall continue to remain in full and valid existence until enforcement, discharge or termination hereof, as the case may be.
