Rights; Severability. Unless 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; Severability. 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. 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; Severability. Unless 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; Severability. Unless 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. In case any provision of the Agreement shall be held by a court of competent jurisdiction to 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 invalid 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 court of competent jurisdiction
Rights; Severability. Unless otherwise expressly provided herein, the rights of each Series A Investor hereunder are several rights and are not rights jointly held with any of the other Series A Investors. Preferred Stock Purchase Agreement 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; Severability. In case any provision of this Agreement, the Recapitalization Agreement or the Related Recapitalization Documents will be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby. EXECUTION VERSION
Rights; Severability. Unless otherwise expressly provided herein, each party's rights hereunder are several rights, not rights jointly held with any of the other investors in the Corporation's Securities. If any one or more of the provisions contained herein, or the application thereof in any circumstance, is held invalid, illegal or unenforceable in any respect for any reason, the validity, legality and enforceability of any such provision in every other respect and of the remaining provisions hereof shall not be in any way impaired, unless the provisions held invalid, illegal or unenforceable shall substantially impair the benefits of the remaining provisions hereof.
