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Rights; Severability Sample Clauses

Rights; SeverabilityUnless otherwise expressly provided herein, a Holder’s rights hereunder are several rights, not rights jointly held with any of the other Holders. In case any provision of the Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Rights; SeverabilityIn case any provision of the Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties hereto shall be obliged to draw up an arrangement in accordance with the meaning and the object of the invalid provision.
Rights; Severability. If any provision of this Agreement is held by an arbitrator or a court of competent jurisdiction to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of this Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided, however, that in such event this Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such an arbitrator or court of competent jurisdiction.
Rights; SeverabilityUnless otherwise expressly provided herein, each Purchaser's rights hereunder are several rights, not rights jointly held with any other person. In case any provision of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Rights; SeverabilityIn case any provision of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Rights; SeverabilityUnless otherwise expressly provided herein, the rights of each Purchaser hereunder are several rights and are not rights jointly held with any of the other Purchasers.
Rights; Severability. 41 10.8 Agent's Fees and Services...................................................41
Rights; Severability. 21 13.8. Placement Fee......................................... 21 13.9. Expenses.............................................. 22 13.10. Litigation............................................ 22 13.11. Titles and Subtitles.................................. 23 13.12. Counterparts.......................................... 23
Rights; Severability. 37 10.8 Agent's Fees and Services.................................................................37 10.9 Legal Fees and Expenses...................................................................37 10.10 Titles and Subtitles......................................................................37 10.11 Counterparts..............................................................................37 SCHEDULES AND EXHIBITS ---------------------- SCHEDULE 1 - Schedule of Purchasers SCHEDULE 2 - Disclosure Schedules EXHIBIT A - Amended and Restated Certificate of Incorporation EXHIBIT B - Form of Proprietary Information Agreement EXHIBIT C - Form of Opinion of Counsel EXHIBIT D - Shareholders' and Rights Agreement EXHIBIT E Statement of Accredited Investor SERIES A PREFERRED STOCK PURCHASE AGREEMENT THIS SERIES A PREFERRED STOCK PURCHASE AGREEMENT (this "Agreement") is made and entered into as of the 30th day of December, 1999, by and among XxxxXxxx.xxx, Inc. (the "Company"), a Delaware corporation having offices at Five Clock Tower Place, Suite 440, Maynard, Massachusetts, SoftLock Services, Inc. ("Subsidiary") a Delaware corporation having offices at Five Clock Xxxxx Xxxxx, Xxxxx 000, Xxxxxxx, Xxxxxxxxxxxxx, and each of the parties listed on Schedule 1 hereto (the "Schedule of Purchasers"). The parties listed on the Schedule of Purchasers are hereinafter referred to collectively as the "Purchasers".
Rights; SeverabilityUnless otherwise expressly provided herein, each party's rights hereunder are several rights, not rights jointly held with any other holder of the Company's capital stock. 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, 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. Furthermore, in lieu of each such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.