Common use of Separability Clause in Contracts

Separability. In case any one or more of the provisions contained in this Indenture or in the Debentures shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Indenture or of the Debentures, but this Indenture and the Debentures shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein or therein.

Appears in 102 contracts

Samples: Indenture (S.Y. Bancorp Capital Trust II), Indenture (First Financial Capital Trust II), Indenture (Tompkins Financial Corp)

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Separability. In case any one or more of the provisions contained in this First Supplemental Indenture or in the Debentures shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this First Supplemental Indenture or of the Debentures, but this First Supplemental Indenture and the Debentures shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein or therein.

Appears in 68 contracts

Samples: First Supplemental Indenture (Brighthouse Financial, Inc.), Supplemental Indenture (First Merchants Corp), Supplemental Indenture (Superior Bancorp)

Separability. In case any one or more of the provisions contained in this Indenture or in the Debentures shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Indenture or of the such Debentures, but this Indenture and the such Debentures shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein or therein.

Appears in 57 contracts

Samples: Indenture (Tib Financial Corp.), Indenture (ACA Capital Holdings Inc), Indenture (MortgageIT Holdings, Inc.)

Separability. In case any one or more of the provisions ------------ contained in this Indenture or in the Debentures shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Indenture or of the such Debentures, but this Indenture and the such Debentures shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein or therein.

Appears in 15 contracts

Samples: Indenture (First Banks, Inc), Indenture (First Banks, Inc), Indenture (Intervest Bancshares Corp)

Separability. In case any one or more of the provisions contained in this Supplemental Indenture or in the Debentures shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Supplemental Indenture or of the Debentures, but this Supplemental Indenture and the Debentures shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein or therein.

Appears in 10 contracts

Samples: Twenty Eighth Supplemental Indenture (Burlington Northern Santa Fe, LLC), Twenty Seventh Supplemental Indenture (Burlington Northern Santa Fe, LLC), Twenty Sixth Supplemental Indenture (Burlington Northern Santa Fe, LLC)

Separability. In case any one or more of the provisions ------------ contained in this Indenture or in the Debentures shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Indenture or of the Debentures, but this Indenture and the Debentures shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein or therein.

Appears in 3 contracts

Samples: Indenture (Ctbi Preferred Capital Trust Ii), Indenture (Abc Bancorp Capital Trust I), Indenture (Abc Bancorp Capital Trust I)

Separability. In case any one or more of the provisions contained in this Indenture or in the Debentures of any series shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Indenture or of the such Debentures, but this Indenture and the such Debentures shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein or therein.

Appears in 2 contracts

Samples: Indenture (Centex Trust Ii), Indenture (Seitel Capital Trust Ii)

Separability. In case any one or more of the provisions contained in this Indenture or in the Debentures shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Indenture or of the Debentures, but this Indenture and the he Debentures shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein or therein.

Appears in 2 contracts

Samples: Indenture (Peoples Bancshares Inc), Indenture (Peoples Bancshares Inc)

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Separability. In case any one or more of the provisions contained in this Indenture or in the Subordinated Debentures shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Indenture or of the Subordinated Debentures, but this Indenture and the Subordinated Debentures shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein or therein.

Appears in 2 contracts

Samples: Subordinated Indenture (Bank of the Ozarks Inc), Subordinated Indenture (Ozark Capital Trust)

Separability. In case any one or more of the provisions contained in this Indenture or in the Debentures shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this 42 Indenture or of the such Debentures, but this Indenture and the such Debentures shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein or therein.

Appears in 2 contracts

Samples: Indenture (Penn America Group Inc), Indenture (Procentury Corp)

Separability. In case any one or more of the provisions contained in this Indenture or in the Debentures shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Indenture or of the Debentures, but this Indenture and the Debentures shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein or therein.the

Appears in 1 contract

Samples: Indenture (Glacier Capital Trust I)

Separability. In case any one or more of the ------------ provisions contained in this Indenture or in the Debentures shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Indenture or of the such Debentures, but this Indenture and the such Debentures shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein or therein.

Appears in 1 contract

Samples: Indenture (First Banks, Inc)

Separability. In case any one or more of the provisions ------------- contained in this Indenture or in the Debentures shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Indenture or of the such Debentures, but this Indenture and the such Debentures shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein or therein.

Appears in 1 contract

Samples: Indenture (Intervest Bancshares Corp)

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