Severability; Reformation. The covenants in this ARTICLE IX are severable and separate, and the unenforceability of any specific covenant shall not affect the continuing validity and enforceability of any other covenant. In the event any court of competent jurisdiction shall determine that the scope, time or territorial restrictions set forth in this ARTICLE IX are unreasonable and therefore unenforceable, then it is the intention of the parties that such restrictions be enforced to the fullest extent which the court deems reasonable and this Agreement shall thereby be reformed.
Appears in 13 contracts
Samples: Acquisition Agreement (Us Concrete Inc), Acquisition Agreement (Quanta Services Inc), Acquisition Agreement (Us Concrete Inc)
Severability; Reformation. The covenants in this ARTICLE IX Article XIII are ------------------------- ------------ severable and separate, and the unenforceability of any specific covenant shall not affect the continuing validity and enforceability provisions of any other covenant. In Moreover, in the event any court of competent jurisdiction shall determine that the scope, time or territorial restrictions set forth in this ARTICLE IX are unreasonable and therefore unenforceableunreasonable, then it is the intention of the parties that such restrictions be enforced to the fullest extent which the court deems reasonable reasonable, and this the Agreement shall thereby be reformed.
Appears in 8 contracts
Samples: Merger Agreement (Centerpoint Advisors Inc), Merger Agreement (Centerpoint Advisors Inc), Merger Agreement (Centerpoint Advisors Inc)
Severability; Reformation. The covenants in this ARTICLE IX Article XII are ------------------------- ----------- severable and separate, and the unenforceability of any specific covenant shall not affect the continuing validity and enforceability provisions of any other covenant. In Moreover, in the event any court of competent jurisdiction shall determine that the scope, time or territorial restrictions set forth in this ARTICLE IX are unreasonable and therefore unenforceableunreasonable, then it is the intention of the parties that such restrictions be enforced to the fullest extent which the court deems reasonable reasonable, and this the Agreement shall thereby be reformed.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Compass International Services Corp), Stock Purchase Agreement (Compass International Services Corp), Stock Purchase Agreement (Compass International Services Corp)
Severability; Reformation. The covenants in this ARTICLE IX Article XII are severable and separate, and the unenforceability of any specific covenant shall not affect the continuing validity and enforceability provisions of any other covenant. In Moreover, in the event any court of competent jurisdiction arbitration or judicial proceeding shall determine that the scope, time or territorial restrictions set forth in this ARTICLE IX are unreasonable and therefore unenforceableunreasonable, then it is the intention of the parties that such restrictions be enforced to the fullest extent which the arbitrator or court deems reasonable reasonable, and this the Agreement shall thereby thereupon be automatically reformed.
Appears in 4 contracts
Samples: Combination Agreement (Taylor & Martin Group Inc), Combination Agreement (Taylor & Martin Group Inc), Combination Agreement (Taylor & Martin Group Inc)
Severability; Reformation. The covenants in this ARTICLE IX Article VIII are severable and separate, and the unenforceability of any specific covenant shall not affect the continuing validity and enforceability provisions of any other covenant. In Moreover, in the event any court of competent jurisdiction shall determine that the scope, time or territorial restrictions set forth in this ARTICLE IX are unreasonable and therefore unenforceableunreasonable, then it is the intention of the parties that such restrictions be enforced to the fullest extent which the court deems reasonable reasonable, and this the Agreement shall thereby be reformed.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Logitech International Sa), Asset Purchase Agreement (Wageworks, Inc.), Asset Purchase Agreement (Stratagene Corp)
Severability; Reformation. The covenants in this ARTICLE Article IX are severable and separate, and the unenforceability of any specific covenant shall will not affect the continuing validity and enforceability provisions of any other covenant. In Moreover, in the event any court of competent jurisdiction shall will determine that the scope, time or territorial restrictions set forth in this ARTICLE IX are unreasonable and therefore unenforceableunreasonable, then it is the intention of the parties Parties that such restrictions be enforced to the fullest extent which the court deems reasonable reasonable, and this the Agreement shall will thereby be reformed.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Schulman a Inc), Asset Purchase Agreement (Ferro Corp)
Severability; Reformation. The covenants in this ARTICLE IX X are severable and separate, and the unenforceability of any specific covenant shall not affect the continuing validity and enforceability of any other covenant. In the event any court of competent jurisdiction shall determine that the scope, time or territorial restrictions set forth in this ARTICLE IX X are unreasonable and therefore unenforceable, then it is the intention of the parties that such restrictions be enforced to the fullest extent which the court deems reasonable and this Agreement shall thereby be reformed.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Us Concrete Inc), Acquisition Agreement (Synovis Life Technologies Inc)
Severability; Reformation. The covenants in this ARTICLE IX Article VII are severable and separate, and the unenforceability of any specific covenant shall not affect the continuing validity and enforceability provisions of any other covenant. In Moreover, in the event any court of competent jurisdiction shall determine that the scope, time or territorial restrictions set forth in this ARTICLE IX are unreasonable and therefore unenforceableunreasonable, then it is the intention of the parties that such restrictions be enforced to the fullest extent which that the court deems reasonable and this the Agreement shall thereby be reformed.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Sizmek Inc.), Stock Purchase Agreement (Insweb Corp)
Severability; Reformation. The covenants in this ARTICLE IX Article XIII are severable and separate, and the unenforceability of any specific covenant shall not affect the continuing validity and enforceability provisions of any other covenant. In Moreover, in the event any court of competent jurisdiction shall determine that the scope, time or territorial restrictions set forth in this ARTICLE IX are unreasonable and therefore unenforceableunreasonable, then it is the intention of the parties that such restrictions be enforced to the fullest extent which the court deems reasonable reasonable, and this the Agreement shall thereby be reformed.
Appears in 2 contracts
Samples: Merger Agreement (Centerpoint Advisors Inc), Merger Agreement (Centerpoint Advisors Inc)
Severability; Reformation. The covenants in this ARTICLE IX Article VII are severable and separate, and the unenforceability of any specific covenant shall not affect the continuing validity and enforceability of any other covenant. In the event any court of competent jurisdiction shall determine that the scope, time or territorial restrictions set forth in this ARTICLE IX Article VII are unreasonable and therefore unenforceable, then it is the intention of the parties that such restrictions be enforced to the fullest extent which the court deems reasonable and this Agreement shall thereby be reformed.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Us Concrete Inc), Stock Purchase Agreement (Us Concrete Inc)
Severability; Reformation. The covenants in this ARTICLE IX VIII are severable and separate, and the unenforceability of any specific covenant shall not affect the continuing validity and enforceability of any other covenant. In the event any court of competent jurisdiction shall determine that the scope, time time, or territorial restrictions set forth in this ARTICLE IX VIII are unreasonable and therefore unenforceable, then it is the intention of the parties that such restrictions be enforced to the fullest extent which that the court deems reasonable and this Agreement shall thereby be reformed.
Appears in 1 contract
Severability; Reformation. The covenants in this ARTICLE IX Article X are severable and separate, and the unenforceability of any specific covenant in this Article X is not intended by either party to, and shall not not, affect the continuing validity and enforceability provisions of any other covenant. In the event covenant in this Article X. If any court of competent jurisdiction shall determine that the scope, time time, or territorial restrictions set forth in this ARTICLE IX Section 10.2 are unreasonable as applied to a Seller, the Parties acknowledge their mutual intention and therefore unenforceable, then it is the intention of the parties agreement that such those restrictions be enforced to the fullest extent which the court deems reasonable reasonable, and this Agreement thereby shall thereby be reformedreformed to that extent.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (AppTech Payments Corp.)
Severability; Reformation. The covenants in this ARTICLE IX XII are severable and separate, and the unenforceability of any specific covenant shall not affect the continuing validity and enforceability of any other covenant. In the event any court of competent jurisdiction shall determine that the scope, time time, or territorial restrictions set forth in this ARTICLE IX XII are unreasonable and therefore unenforceable, then it is the intention of the parties Parties that such restrictions be enforced to the fullest extent which that the court deems reasonable and this Agreement shall thereby be reformed.
Appears in 1 contract
Severability; Reformation. The covenants in this ARTICLE Article IX are severable and separate, and the unenforceability of any specific covenant shall not affect the continuing validity and enforceability of any other covenant. In the event any court of competent jurisdiction shall determine that the scope, time or territorial restrictions set forth in this ARTICLE Article IX are unreasonable and therefore unenforceable, then it is the intention of the parties that such restrictions be enforced to the fullest extent which the court deems reasonable and this Agreement shall thereby be reformed.
Appears in 1 contract
Severability; Reformation. The covenants in this ARTICLE IX VII are ----------- severable and separate, and the unenforceability of any specific covenant shall not affect the continuing validity and enforceability of any other covenant. In the event any court of competent jurisdiction shall determine that the scope, time or territorial restrictions set forth in this ARTICLE IX VII are unreasonable ----------- and therefore unenforceable, then it is the intention of the parties that such restrictions be enforced to the fullest extent which the court deems reasonable and this Agreement shall thereby be reformed.
Appears in 1 contract
Severability; Reformation. The covenants in this ARTICLE IX are severable and separate, and the unenforceability of any specific covenant shall not affect the continuing validity and enforceability of any other covenant. In the event any court of competent jurisdiction shall determine that the scope, time or territorial restrictions set forth in this ARTICLE IX are unreasonable and therefore unenforceable, then it is the intention of the parties that such restrictions be enforced to the fullest extent which that the court deems reasonable and this Agreement shall thereby be reformed.
Appears in 1 contract
Samples: Merger Agreement (Axtive Corp)
Severability; Reformation. The covenants in this ARTICLE IX Article X are severable and separate, and the unenforceability of any specific covenant in this Article X is not intended by either party to, and shall not not, affect the continuing validity and enforceability provisions of any other covenant. In the event covenant in this Article X. If any court of competent jurisdiction shall determine that the scope, time time, or territorial restrictions set forth in this ARTICLE IX Section 9.3 are unreasonable and therefore unenforceableas applied to Seller or any Seller Owner, then it is the intention of the parties acknowledge their mutual intention and agreement that such those restrictions be enforced to the fullest extent which the court deems reasonable reasonable, and this Agreement thereby shall thereby be reformedreformed to that extent.
Appears in 1 contract
Severability; Reformation. The covenants in this ARTICLE IX Article IV are severable and separate, and the unenforceability of any specific covenant shall not affect the continuing validity and enforceability provisions of any other covenant. In Moreover, in the event any court of competent jurisdiction shall determine that the scope, time or territorial restrictions set forth in this ARTICLE IX are unreasonable and therefore unenforceableunreasonable, then it is the intention of the parties that such restrictions be enforced to the fullest extent which the court deems reasonable reasonable, and this the Agreement shall thereby be reformed.
Appears in 1 contract
Samples: Company Stockholder Agreement (Centerprise Advisors Inc)
Severability; Reformation. The covenants in this ARTICLE IX Article VIII are severable and separate, and the unenforceability of any specific covenant in this Article VIII is not intended by any Party to, and shall not not, affect the continuing validity and enforceability provisions of any other covenantcovenant in this Article VIII. In the event If any court of competent jurisdiction shall determine that the scope, time time, or territorial restrictions set forth in this ARTICLE IX Section 8.3 are unreasonable as applied to a Seller or Singer, the Parties acknowledge their mutual intention and therefore unenforceable, then it is the intention of the parties agreement that such those restrictions be enforced to the fullest extent which the court deems reasonable reasonable, and this Agreement thereby shall thereby be reformedreformed to that extent.
Appears in 1 contract
Samples: Asset Purchase Agreement (Yuenglings Ice Cream Corp)