Common use of Separability Clause in Contracts

Separability. In case any provision in this Trust Agreement or in the Trust Securities Certificates 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.

Appears in 626 contracts

Samples: Trust Agreement, Trust Agreement (Air T Inc), Trust Agreement (Air T Funding)

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Separability. In case If any provision in this Trust Agreement or in the Trust Securities Certificates 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, and there shall be deemed substituted for the provision at issue a valid, legal and enforceable provision as similar as possible to the provision at issue.

Appears in 176 contracts

Samples: Trust Agreement (Paragon Commercial CORP), Trust Agreement (Entegra Financial Corp.), Trust Agreement (Wilshire Bancorp Inc)

Separability. In case If any provision in this Trust Agreement or in the Trust Securities Certificates 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.

Appears in 36 contracts

Samples: Trust Agreement (Goldman Sachs Capital III), Trust Agreement (KeyCorp Capital VIII), Trust Agreement (Metrocorp Inc)

Separability. In case any provision in this Trust Agreement or in the Trust Securities Certificates shall be determined 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.

Appears in 19 contracts

Samples: Trust Agreement (SBCF Capital Trust IV), Trust Agreement (Gainsco Inc), Trust Agreement (Crescent Banking Co)

Separability. In case If any provision in this Trust Agreement or in the Trust Securities Certificates 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.

Appears in 19 contracts

Samples: Trust Agreement (First Acceptance Corp /De/), Trust Agreement (Everest Re Group LTD), Trust Agreement (First Acceptance Corp /De/)

Separability. In case any provision in this Declaration of Trust Agreement or in the Trust Securities Certificates 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.

Appears in 8 contracts

Samples: Expenses and Liabilities (Privatebancorp, Inc), Expenses and Liabilities (Privatebancorp, Inc), Boise Cascade Corp

Separability. In case any provision in this Trust Agreement or in the Trust Securities Certificates shall be invalid, illegal or unenforceable, the validity, legality legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

Appears in 7 contracts

Samples: Trust Agreement (American Safety Insurance Group LTD), Trust Agreement (First United Corp/Md/), Trust Agreement (Gbci Capital Trust Ii)

Separability. In case any provision in this Trust Agreement or in the Trust Preferred Securities Certificates 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.

Appears in 6 contracts

Samples: Trust Agreement (GBB Capital I), Trust Agreement (Teco Energy Inc), Trust Agreement (Teco Energy Inc)

Separability. In case any provision in this Trust Agreement ------------ or in the Trust Securities Certificates 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.

Appears in 5 contracts

Samples: Trust Agreement (Duke Capital Financing Trust Iii), Trust Agreement (Ctbi Preferred Capital Trust Ii), Trust Agreement (Abc Bancorp Capital Trust I)

Separability. In case any provision in this Trust Agreement or in the Trust Securities Share Certificates or the application of such provision to any person or circumstance, shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Trust Agreement or in the Shares Certificates or the application of such provision to persons or circumstances other than those to which it is held invalid, shall not in any way be affected or impaired thereby.

Appears in 5 contracts

Samples: Trust Agreement (Compass Group Diversified Holdings LLC), Trust Agreement (Compass Group Diversified Holdings LLC), Fourth Amendment (Compass Diversified Holdings)

Separability. In case any provision in this Trust Agreement or in the Trust Securities xxx Xxxxx Xxxxrities Certificates 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.

Appears in 5 contracts

Samples: Trust Agreement (Aep Capital Trust Iii), Trust Agreement (American Electric Power Co Inc), Trust Agreement (American Electric Power Co Inc)

Separability. In case any provision provi sion in this Trust Agreement or in the Trust Securities Certificates 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.

Appears in 3 contracts

Samples: Trust Agreement (CMS Energy Trust V), Trust Agreement (CMS Energy Trust V), Trust Agreement (CNS Energy Trust Iii)

Separability. In case any provision in this Trust Agreement or in the Trust Securities Certificates 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.

Appears in 3 contracts

Samples: Expenses and Liabilities (Lincoln National Capital Vi), Expenses and Liabilities (Lincoln National Capital Vi), Trust Agreement and Agreement (Lincoln National Capital Vi)

Separability. In case any provision in this Trust Agreement or in the Trust Securities xxx Xxxxx Xxxxxities Certificates 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.

Appears in 3 contracts

Samples: Trust Agreement (Aep Capital Trust Iii), Trust Agreement (Southwestern Electric Power Co), Trust Agreement (American Electric Power Co Inc)

Separability. In case any provision in this Trust ------------ Agreement or in the Trust Securities Certificates 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.

Appears in 3 contracts

Samples: Trust Agreement (United Rentals Inc /De), Trust Agreement (Yorkshire Power Group LTD), Trust Agreement (Rouse Company)

Separability. In case any provision in this Trust Agreement Declaration or in the Trust Securities Certificates 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.

Appears in 3 contracts

Samples: Superior Trust I, Tower Automotive Inc, Superior Trust I

Separability. 49 55 In case any provision in this Trust Agreement or in the Trust Securities Certificates 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.

Appears in 2 contracts

Samples: Trust Agreement (Ibc Capital Finance), Trust Agreement (Ibc Capital Finance)

Separability. In case any provision in this Trust Agreement or in the Trust Securities Certificates Certificates, or the application of such provision to any person or circumstance, 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.

Appears in 2 contracts

Samples: Trust Agreement (Onb Capital Trust Vi), Trust Agreement (Old National Bancorp /In/)

Separability. In case any provision in this Trust Agreement ------------ or in the Trust Securities Certificates shall be is invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

Appears in 2 contracts

Samples: Trust Agreement (DPL Inc), Trust Agreement (DPL Inc)

Separability. In case any provision in this Trust Agreement or in the Trust Securities Security Certificates 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.

Appears in 2 contracts

Samples: Trust Agreement (Telebanc Capital Trust Ii), Trust Agreement (Telebanc Financial Corp)

Separability. In case any provision in this Trust Agreement or in the Trust Securities Certificates shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be in any way be affected or impaired thereby.

Appears in 2 contracts

Samples: Trust Agreement (Pikeville National Corp), Trust Agreement (Ncbe Capital Trust I)

Separability. In case any provision in this ------------ Trust Agreement or in the Trust Securities Certificates shall be invalid, illegal or unenforceable, the validity, legality legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

Appears in 2 contracts

Samples: Trust Agreement (Allegiant Capital Trust I), Trust Agreement (Allegiant Bancorp Inc)

Separability. In case If any provision in this Trust Agreement or in the Trust Securities Certificates 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., and there shall be deemed substituted for the provision at issue a valid, legal and enforceable provision as similar as possible to the provision at issue. 56

Appears in 2 contracts

Samples: Trust Agreement (Simmons First National Corp), Trust Agreement (Simmons First National Corp)

Separability. In case any provision in this Declaration of ------------ Trust Agreement or in the Trust Securities Certificates 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.

Appears in 2 contracts

Samples: Commonwealth Bankshares Inc, Commonwealth Bankshares Inc

Separability. In case If any provision in this Trust Agreement or in the Trust Securities Certificates 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, and there shall be deemed substituted for the 57 provision at issue a valid, legal and enforceable provision as similar as possible to the provision at issue.

Appears in 1 contract

Samples: Trust Agreement (Vib Corp)

Separability. In case any provision in this Trust Agreement or in the Trust Securities Certificates 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.. Section 10.05

Appears in 1 contract

Samples: Trust Agreement (Duke Capital Financing Trust V)

Separability. In case any provision in this the Trust Agreement or in the Trust Securities Certificates 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.

Appears in 1 contract

Samples: Us Trade Funding Corp

Separability. In case any provision in this Trust Agreement or in the Trust Securities Certificates 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. SECTION 10.04.

Appears in 1 contract

Samples: Trust Agreement (Pacific Gas & Electric Co)

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Separability. In case any provision in this Trust ------------ Agreement or in the Trust Securities Certificates shall be invalid, illegal or unenforceable, the validity, legality legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

Appears in 1 contract

Samples: Trust Agreement (Allegiant Capital Trust Ii)

Separability. In case any provision in this Trust Agreement or in the Trust Securities Certificates shall be invalid, illegal or unenforceable, the validity, legality and Page 50 enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

Appears in 1 contract

Samples: Trust Agreement (Sce Trust I)

Separability. In case any provision in this Trust Agreement or in the Trust xx xx xxx Xxxst Securities Certificates 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.

Appears in 1 contract

Samples: Trust Agreement (Southwestern Electric Power Co)

Separability. In case any provision in this Trust ------------ Agreement or in the Trust Securities Certificates shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof and thereof shall not in any way be affected or impaired thereby.

Appears in 1 contract

Samples: Trust Agreement (PMC Capital I)

Separability. In case any provision in this Trust Agreement or in the Trust Securities Certificates 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.and

Appears in 1 contract

Samples: Trust Agreement (Hartford Capital V)

Separability. In case any provision in this Trust ------------- Agreement or in the Trust Securities Certificates 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.

Appears in 1 contract

Samples: Trust Agreement (Alcoa Trust I)

Separability. In case any provision in this Trust Agreement or in the Trust Securities Certificates shall be invalid, illegal illegal, or unenforceable, the validity, legality legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

Appears in 1 contract

Samples: Trust Agreement (Wilmington Trust Capital A)

Separability. In case any provision in this Trust Agreement or in the Trust Securities Certificates 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.

Appears in 1 contract

Samples: Trust Agreement (Lucent Technologies Inc)

Separability. In case any provision in this Trust Agreement or in the Trust Securities Certificates 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.. 50 44

Appears in 1 contract

Samples: Trust Agreement (Mbna Corp)

Separability. In case any provision in this Trust Agreement or in the Trust LLC Securities Certificates 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.

Appears in 1 contract

Samples: Delphi Financial Group Inc/De

Separability. In case any provision in this Trust Agreement or in the Trust Securities Certificates 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. Section 10.05.

Appears in 1 contract

Samples: Trust Agreement (Duke Energy Capital Trust Iii)

Separability. In case any provision in this Declaration of Trust Agreement or in the Trust Securities Certificates 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. SECTION 10.5.

Appears in 1 contract

Samples: Republic New York Capital Iv

Separability. In case any provision in this Trust Agreement or in the Trust Securities Certificates 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.. 48

Appears in 1 contract

Samples: Trust Agreement (CFB Capital Iv)

Separability. In case If any provision in this Trust Agreement or in the Trust Securities Certificates 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., and there shall be deemed substituted for the provision at issue a valid, legal and enforceable provision as similar as possible to the provision at issue. 55

Appears in 1 contract

Samples: Trust Agreement (Simmons First National Corp)

Separability. In case any provision in this Trust Agreement or in the Trust Securities Certificates 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. Section 10.04.

Appears in 1 contract

Samples: Trust Agreement (Western Resources Capital Ii)

Separability. In case If any provision in this Trust Agreement Declaration or in the Trust Securities Certificates 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.

Appears in 1 contract

Samples: Agreement (Provident Companies Inc /De/)

Separability. In case any provision in this Trust Agreement or in the Trust Securities Certificates 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.

Appears in 1 contract

Samples: Trust Agreement (GE Capital Trust I)

Separability. In case any provision in this Amended and Restated Declaration of Trust Agreement or in the Trust Securities Certificates 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.

Appears in 1 contract

Samples: Expenses and Liabilities (Exelon Corp)

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