Common use of Severability; Reformation Clause in Contracts

Severability; Reformation. The covenants in this Article X are severable and separate, and the unenforceability of any specific covenant in this Article X is not intended by any party hereto to, and shall not, affect the provisions of any other covenant in this Article X. If any court of competent jurisdiction shall determine that the scope, time or territorial restrictions set forth in Section 10.01 are unreasonable as applied to any Stockholder, the parties hereto, including that Stockholder, acknowledge their mutual intention and agreement that those restrictions be enforced to the fullest extent the court deems reasonable, and thereby shall be reformed to that extent as applied to that Stockholder and any other Stockholder similarly situated.

Appears in 17 contracts

Samples: Agreement and Plan of Reorganization (Apple Orthodontix Inc), Agreement and Plan of Reorganization (Apple Orthodontix Inc), Agreement and Plan of Reorganization (Apple Orthodontix Inc)

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Severability; Reformation. The covenants in this Article X ------------------------- are severable and separate, and the . The unenforceability of any specific covenant in this Article X is not intended by any party hereto Party to, and shall not, affect the provisions of any other covenant in this Article X. If any court of competent jurisdiction shall determine determines that the scope, time or territorial restrictions set forth in Section 10.01 are unreasonable as applied to any Stockholder, the parties heretoParties, including that Stockholderthe Stockholder in question, acknowledge their mutual intention and agreement that those restrictions be enforced to the fullest extent the court deems reasonable, and thereby shall be reformed to that extent as applied to that Stockholder and any other Stockholder similarly situated.

Appears in 14 contracts

Samples: Agreement and Plan of Reorganization (Work International Corp), Agreement and Plan of Reorganization (Work International Corp), Agreement and Plan of Reorganization (Work International Corp)

Severability; Reformation. The covenants in this Article X are severable and separate, and the unenforceability of any specific covenant in this Article X is not intended by any party hereto to, and shall not, affect the provisions of any other covenant in this Article X. If any court of competent jurisdiction shall determine that the scope, time or territorial restrictions set forth in Section 10.01 are unreasonable as applied to any StockholderOwner, the parties hereto, including that StockholderOwner, acknowledge their mutual intention and agreement that those restrictions be enforced to the fullest extent the court deems reasonable, and thereby shall be reformed to that extent as applied to that Stockholder Owner and any other Stockholder Owner similarly situated.

Appears in 10 contracts

Samples: Contribution Agreement (Apple Orthodontix Inc), Contribution Agreement (Apple Orthodontix Inc), Contribution Agreement (Apple Orthodontix Inc)

Severability; Reformation. The covenants in this Article X are severable and separate, and the unenforceability of any specific covenant in this Article X is not intended by any party hereto to, and shall not, affect the provisions of any other covenant in this Article X. If any court of competent jurisdiction shall determine that the scope, time or territorial restrictions set forth in Section 10.01 are unreasonable as applied to any Restricted Stockholder, the parties hereto, including that Restricted Stockholder, acknowledge their mutual intention and agreement that those restrictions be enforced to the fullest extent the court deems reasonable, and thereby shall be reformed to that extent as applied to that Restricted Stockholder and any other Restricted Stockholder similarly situated.

Appears in 10 contracts

Samples: Agreement and Plan of Reorganization (Triad Medical Inc), Agreement and Plan of Reorganization (Triad Medical Inc), Agreement and Plan of Reorganization (Triad Medical Inc)

Severability; Reformation. The covenants in this Article X are severable and separate, and the . The unenforceability of any specific covenant in this Article X is not intended by any party hereto Party to, and shall not, affect the provisions of any other covenant in this Article X. If any court of competent jurisdiction shall determine determines that the scope, time or territorial restrictions set forth in Section 10.01 are unreasonable as applied to any Stockholder, the parties heretoParties, including that Stockholderthe Stockholder in question, acknowledge their mutual intention and agreement that those restrictions be enforced to the fullest extent the court deems reasonable, and thereby shall be reformed to that extent as applied to that Stockholder and any other Stockholder similarly situated.

Appears in 6 contracts

Samples: Agreement and Plan of Reorganization (Work International Corp), Agreement and Plan of Reorganization (Work International Corp), Agreement and Plan of Reorganization (Work International Corp)

Severability; Reformation. The covenants in this Article X are severable and separate, and the unenforceability of any specific covenant in this Article X is not intended by any party hereto to, and shall not, affect the provisions of any other covenant in this Article X. If any court of competent jurisdiction shall determine that the scope, time or territorial restrictions set forth in Section 10.01 are unreasonable as applied to any Stockholderthe Owner, the parties hereto, including that Stockholderthe Owner, acknowledge their mutual intention and agreement that those restrictions be enforced to the fullest extent the court deems reasonable, and thereby shall be reformed to that extent as applied to that Stockholder and any other Stockholder similarly situatedthe Owner.

Appears in 6 contracts

Samples: Contribution Agreement (Apple Orthodontix Inc), Contribution Agreement (Apple Orthodontix Inc), Contribution Agreement (Apple Orthodontix Inc)

Severability; Reformation. The covenants in this Article X are severable and separate, and the . The unenforceability of any specific covenant in this Article X is not intended by any party hereto Party to, and shall not, affect the provisions of any other covenant in this Article X. If any court of competent jurisdiction shall determine determines that the scope, time or territorial restrictions set forth in Section 10.01 are unreasonable as applied to any Restricted Stockholder or Stockholder, as the parties heretocase may be, the Parties, including that Stockholderthe Restricted Stockholder or Stockholder in question, acknowledge their mutual intention and agreement that those restrictions be enforced to the fullest extent the court deems reasonable, and thereby shall be reformed to that extent as applied to that Restricted Stockholder or Stockholder, as the case may be, and any other Restricted Stockholder or Stockholder, as the case may be, similarly situated.

Appears in 5 contracts

Samples: Agreement and Plan of Reorganization (Oei International Inc), Agreement and Plan of Reorganization (Oei International Inc), Agreement and Plan of Reorganization (Oei International Inc)

Severability; Reformation. The covenants in this Article X are severable and separate, and the unenforceability of any specific covenant in this Article X is not intended by any party hereto to, and shall not, affect the provisions of any other covenant in this Article X. If any court of competent jurisdiction shall determine that the scope, time time, or territorial restrictions set forth in Section 10.01 are unreasonable as applied to any Covenanting Stockholder, the parties hereto, including that Covenanting Stockholder, acknowledge their mutual intention and agreement that those restrictions be enforced to the fullest extent the court deems reasonable, and thereby shall be reformed to that extent as applied to that Covenanting Stockholder and or any other Covenanting Stockholder similarly situated.

Appears in 3 contracts

Samples: Agreement and Plan of Reorganization (Industrial Distribution Group Inc), Agreement and Plan of Merger and Reorganization (Industrial Distribution Group Inc), Agreement and Plan of Merger and Reorganization (Industrial Distribution Group Inc)

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Severability; Reformation. The covenants in this Article X are severable and separate, and the unenforceability of any specific covenant in this Article X is not intended by any party hereto to, and shall not, affect the provisions of any other covenant in this Article X. If any court of competent jurisdiction shall determine that the scope, time or territorial restrictions set forth in Section Sections 10.01 through 10.04 are unreasonable as applied to any the Stockholder, the parties hereto, including that Stockholder, acknowledge their mutual intention and agreement that those restrictions be enforced to the fullest extent the court deems reasonable, and thereby shall be reformed to that extent as applied to that Stockholder and any other Stockholder similarly situatedthe Stockholder.

Appears in 1 contract

Samples: Stock Purchase Agreement (Railworks Corp)

Severability; Reformation. The covenants in this Article X are severable and separate, and the . The unenforceability of any specific covenant in this Article X is not intended by any party hereto Party to, and shall not, affect the provisions of any other covenant in this Article X. If any court of competent jurisdiction shall determine determines that the scope, time or territorial restrictions set forth in Section 10.01 10.1 are unreasonable as applied to the Stockholder or any MTM Stockholder, the parties hereto, including that Stockholder, Parties acknowledge their mutual intention and agreement that those restrictions be enforced to the fullest extent the court deems reasonable, and thereby shall be reformed to that extent as applied to that the Stockholder and any other Stockholder similarly situatedor such MTM Stockholder.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Omnilynx Communications Corp)

Severability; Reformation. The covenants in this Article X are severable and separate, and the . The unenforceability of any specific covenant in this Article X is not intended by any party hereto Party to, and shall not, affect the provisions of any other covenant in this Article X. If any court of competent jurisdiction shall determine determines that the scope, time or territorial restrictions set forth in Section 10.01 are unreasonable as applied to any Restricted Stockholder, the parties heretoParties, including that Stockholderthe Restricted Stockholder in question, acknowledge their mutual intention and agreement that those restrictions be enforced to the fullest extent the court deems reasonable, and thereby shall be reformed to that extent as applied to that Restricted Stockholder and any other Restricted Stockholder similarly situated.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Omnilynx Communications Corp)

Severability; Reformation. The covenants in this Article X are severable and separate, and the unenforceability of any specific covenant in this Article X is not intended by any party hereto to, and shall not, affect the provisions of any other covenant in this Article X. If any court of competent jurisdiction shall determine that the scope, time time, or territorial restrictions set forth in Section 10.01 are unreasonable as applied to any Selling Stockholder, the parties hereto, including that Selling Stockholder, acknowledge their mutual intention and agreement that those restrictions be enforced to the fullest extent the court deems reasonable, and thereby shall be reformed to that extent as applied to that Selling Stockholder and or any other Selling Stockholder similarly situated.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Industrial Distribution Group Inc)

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