Separable Provisions. If any provision of this Agreement shall be held invalid or unenforceable, the remainder nevertheless shall remain in full force and effect.
Separable Provisions. Any term or provision of this Agreement which is invalid or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining terms and provisions of this Agreement or affecting the validity or enforceability of any of the terms or provisions of this Agreement in any other jurisdiction. If any provision of this Agreement is so broad as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable.
Separable Provisions. Each and every clause of this Agreement shall be deemed separable from each and every other clause of this Agreement to the end that in the event that any clause or clauses shall be specifically and finally determined to be in violation of any Illinois or federal law, then in such event such clause or clauses only, to the extent only that any may be so in violation, shall be deemed of no force and effect and unenforceable upon written notice of such invalidity from one party to the other, without such invalidity impairing the validity and enforceability of the rest of the Agreement including any and all provisions in the remainder of any clause, sentence or paragraph in which the language determined to be invalid may appear. In the event of such invalidity and notice thereof, the parties shall meet promptly at the request of either party to negotiate mutually acceptable substitute language. If the parties are unable to agree on such substitute language, either party shall be permitted to exercise all legal and lawful economic recourse in support of its demands notwithstanding any provisions of this Agreement to the contrary.
Separable Provisions. Each provision of this Agreement shall be considered separable and if for any reason any provision or provisions herein are determined to be invalid, unenforceable or illegal under any existing or future law, such invalidity, unenforceability or illegality shall not impair the operation of or affect those portions of this Agreement which are valid, enforceable and legal.
Separable Provisions. The provisions of this Guarantee are separable and, if any provision of this Guarantee is or becomes illegal, invalid or unenforceable in any respect in any jurisdiction, this shall not affect the legality, validity or enforceability of such provisions in any other jurisdiction or the legality, validity or enforceability of the remaining provisions of the Guarantee in that or any other jurisdiction.
Separable Provisions. The provisions of the Finance Documents are several and if any of the obligations of any Obligor hereunder and thereunder shall be invalid or unenforceable in any respect in any jurisdiction, this shall not affect the validity or enforceability of such obligation in any other jurisdiction or the validity or enforceability of the remaining obligations in that or any other jurisdiction.
Separable Provisions. If any provision of this Agreement is held to be invalid or enforceable, the rest of this Agreement will not be affected. Cardholder will not be held liable for Finance Charges or other fees and charges greater than the maximum allowed by law that applies.
Separable Provisions. If any provision of this Amendment shall be held invalid or unenforceable by a court of competent jurisdiction, the remainder nevertheless shall remain in full force and effect.
Separable Provisions. 11.8 Governing Law 11.9 Counterparts
Separable Provisions. 11.8 Governing Law 11.9 Counterparts 11.10 Interpretation 11.11 Entire Agreement Schedule 1.1 FirstBancorporation Transaction Fees and Expenses Schedule 5.1 Jurisdictional Qualifications Schedule 5.2 Exceptions to Representation of no Breaches Schedule 5.3 Five Percent Holders Schedule 5.5 Affiliates Schedule 5.7 Income Tax Schedule 5.8 Real Property Schedule 5.9 Liens Schedule 5.10 Intellectual Property Schedule 5.11 Delinquent Loans Schedule 5.14 Compliance With Laws Schedule 5.15 Loans to Officers, Directors, and Employees Schedule 5.16 Employee Benefit Plans; ERISA Schedule 5.17 Insurance Schedule 5.18(a) Material Contracts Schedule 5.18(b) Contracts Requiring Consents Schedule 5.19 Litigation Schedule 5.20 Undisclosed Liabilities Schedule 6.11 Income Tax Schedule 6.12 FNC Delinquent Loans Schedule 6.15 FNC Compliance with Laws Schedule 6.17 FNC Undisclosed Liabilities Schedule 7.1(a) Ordinary Conduct of Business Schedule 7.1(e) Retention Bonus Employees Schedule 7.2 FNC Acquisitions EXHIBITS Exhibit A Form of Plan of Merger Exhibit B Form of Affiliate Agreement Exhibit C Form of Opinion of Counsel to FNC Exhibit D Form of Employment and Noncompetition Agreement with Xxxxx X. Xxxxxxx, III Exhibit E Form of Opinion of Counsel to FirstBancorporation MERGER AGREEMENT THIS MERGER AGREEMENT (this "AGREEMENT"), dated as of March 4, 1999, is by and between FIRST NATIONAL CORPORATION, a South Carolina corporation ("FNC"), and FIRSTBANCORPORATION, INC., a South Carolina corporation ("FIRSTBANCORPORATION"). BACKGROUND STATEMENT FNC and FirstBancorporation desire to effect a merger pursuant to which FirstBancorporation will merge with and into FNC, and FNC will be the surviving corporation (the "MERGER"). The parties intend that the Merger qualify as a tax-free reorganization under Section 368 of the Internal Revenue Code of 1986, as amended, and qualify for "pooling-of-interest" accounting treatment.
