Separate undertakings. Each of the undertakings in Clauses 8.2(a), 8.2(b) and 8.2(c) shall be construed as a separate and independent undertaking and if one or more of the undertakings is held to be void or unenforceable, the validity of the remaining undertakings shall not be affected.
Separate undertakings. Without limiting the generality of any of the foregoing provisions of this Agreement, each Contributing Partner irrevocably waives, to the fullest extent permitted by Applicable Law and for the benefit of, and as a separate undertaking with, the Collateral Agent, for the benefit of the Senior Parties, any defense to the performance of this Agreement which may be available to it as a consequence of this Agreement being rejected or otherwise not assumed by the Partnership or any trustee or other similar official for the Partnership or for any substantial part of the property of the Partnership, or as a consequence of this Agreement being otherwise terminated or modified, in any proceeding seeking to adjudicate the Partnership a bankrupt or insolvent or seeking liquidation, winding up, reorganization, arrangement, protection, relief or composition of the Partnership or the debts of the Partnership under any law relating to bankruptcy, insolvency or reorganization or relief or protection of debtors, whether such rejection, non-assumption, termination or modification be by reason of this Agreement being held to be an executory contract or by reason of any other circumstance. If this Agreement shall be so rejected or otherwise not assumed, or so terminated or modified, each Contributing Partner agrees for the benefit of, and as a separate undertaking with the Collateral Agent, for the benefit of the Senior Parties, that it will be unconditionally liable to pay or to cause to be paid to the Collateral Agent, for the benefit of the Senior Parties, an amount equal to each payment which would otherwise be payable by it pursuant to the provisions of this Agreement, or by such Party that it would have caused to make payment, under or in connection with this Agreement if this Agreement were not so rejected or otherwise not assumed or were otherwise not so terminated or modified, such amount to be payable to the Collateral Agent, for the benefit of the Senior Parties, in accordance with the instructions of the Collateral Agent, as and when such payment would otherwise be payable hereunder and such amount to be applied as such payment would otherwise be applied hereunder.
Separate undertakings. Each undertaking contained in clause 26.1 (Covenants) shall be construed as a separate undertaking and, if one or more of the undertakings is held to be against the public interest or unlawful or in any way an unreasonable restraint of trade, the remaining undertakings shall continue to bind each Shareholder.
Separate undertakings. Each of the obligations of a Shareholder and Key Person given in clause 27.1, when separately combined with each period of time in clause 27.2, and then each territory in clause 27.3, constitutes a separate and distinct obligation of the Shareholder and Key Person. If any of the forgoing obligations is unenforceable, then those unenforceable obligations may be severed from this Deed, without affecting the enforceability of the remaining obligations.
Separate undertakings. Each of the restraint obligations set out in clauses 18.1 and 18.2, the Restraint Period and the Restraint Area are separate, distinct and several, so that the unenforceability of any restraint does not affect the enforceability of the other restraints. If a covenant is prohibited, invalid or unenforceable, the covenant will be ineffective but will not affect the validity or enforceability of the other covenants.
Separate undertakings. If any part of an undertaking in clause 18 is unenforceable, it may be severed without affecting the remaining enforceability of that or the other undertakings.
Separate undertakings. 26 10.6. Survival......................................................26 10.7. Sellers' obligations several not joint........................27
Separate undertakings. If notwithstanding the other provisions of this CLAUSE 10 any part of an undertaking in CLAUSE 9.1 is unenforceable it may be severed without affecting the remaining enforceability of that or other undertakings.
Separate undertakings. If any part of an undertaking in clause 16.1 is unenforceable, it may be severed without affecting the remaining enforceability of that or the other undertakings. -------------------------------------------------------------------------------- Business Purchase Agreement
Separate undertakings. 4.1 For the avoidance of doubt, the parties agree that the restraints in clause 2 of this Schedule shall have effect as if it were a number of separate covenants, consisting of:
(a) Each separate activity set out in clause 2.2 of this Schedule;
(b) Combined with each separate period of time set out in clause 2.3 of this Schedule; and
(c) With each such separate combination of the above combined with each separate area set out in clause 2.4 of this Schedule, each being a separate Restraint Obligation under clause 2 of this Schedule. Asset Sale & Purchase AgreementKartKraft
4.2 Each of the Restraint Obligations imposed on a Covenantor is a separate and independent obligation from the other Restraint Obligations imposed, but they may be cumulative in effect.
4.3 Each of the Restraint Obligations imposed on a Covenantor is a separate and independent obligation from the other Restraint Obligations imposed, and shall be enforceable by any other person or persons separately and independently of their right to enforce any one or more of the several Restraint Obligations.
4.4 If any part of a Restraint Obligation is, or is found to be unenforceable for any reason, then such invalid or unenforceable part may be severed without affecting the validity or enforceability of the remaining part of that Restraint Obligation, or any of the other Restraint Obligations.
4.5 In the event that any of the several separate covenants identified in clause 2 of this Schedule are found to be void, but would be valid if some part were deleted, then such undertaking shall apply with such modification as may be necessary to make it valid and effective.
