Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.
Appears in 2981 contracts
Samples: Warrant Agreement (Mission Space Acquisition Corp.), Warrant Agreement (Nuvation Bio Inc.), Warrant Purchase Agreement (OSN Streaming LTD)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be that is valid and enforceable.
Appears in 1912 contracts
Samples: Form of Registration Rights Agreement (OneMedNet Corp), Form of Registration Rights Agreement (OneMedNet Corp), Registration Rights Agreement (Flag Ship Acquisition Corp)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A Form of Warrant Certificate Exhibit B Legend — Private Placement Warrants
Appears in 607 contracts
Samples: Warrant Agreement (GP-Act III Acquisition Corp.), Warrant Agreement (Israel Acquisitions Corp), Warrant Agreement (Israel Acquisitions Corp)
Severability. This Letter Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Letter Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Letter Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.
Appears in 566 contracts
Samples: Letter Agreement (Love & Health LTD), Letter Agreement (Colombier Acquisition Corp. Ii), Letter Agreement (Colombier Acquisition Corp. Ii)
Severability. This Warrant Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Warrant Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Warrant Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.
Appears in 490 contracts
Samples: Warrant Agreement (Ribbon Communications Inc.), Warrant Agreement (Ribbon Communications Inc.), Warrant Agreement (Bellevue Life Sciences Acquisition Corp.)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and so as to be valid and enforceable.
Appears in 193 contracts
Samples: Share Exchange Agreement (Kairos Pharma, LTD.), Investment Agreement (World Health Energy Holdings, Inc.), Share Exchange Agreement (Eva Live Inc)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A — Form of Warrant Certificate Exhibit B Legend — Private Placement Warrants
Appears in 163 contracts
Samples: Warrant Agreement (Pivotal Holdings Corp), Warrant Agreement (Revolution Healthcare Acquisition Corp.), Warrant Agreement (Cartica Acquisition Corp)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. [Signature Page Follows]
Appears in 128 contracts
Samples: Warrant Assignment, Assumption and Amendment Agreement (SK Growth Opportunities Corp), Warrant Agreement (Revolution Medicines, Inc.), Warrant Agreement (Falcon's Beyond Global, Inc.)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A – Form of Warrant Certificate Exhibit B – Legend
Appears in 121 contracts
Samples: Warrant Agreement (Bayview Acquisition Corp), Warrant Agreement (Bayview Acquisition Corp), Warrant Agreement (Alphatime Acquisition Corp)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A — Form of Warrant Certificate Exhibit B — Legend
Appears in 79 contracts
Samples: Private Warrant Agreement (Churchill Capital Corp IX/Cayman), Private Warrant Agreement (Churchill Capital Corp IX/Cayman), Private Warrant Agreement (Agriculture & Natural Solutions Acquisition Corp)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A Form of Warrant Certificate Exhibit B Legend
Appears in 49 contracts
Samples: Warrant Agreement (Distoken Acquisition Corp), Warrant Agreement (Distoken Acquisition Corp), Warrant Agreement (Distoken Acquisition Corp)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A Form of Warrant Certificate Exhibit B Legend — Sponsor’s Warrants
Appears in 43 contracts
Samples: Warrant Agreement (KINS Technology Group, Inc.), Warrant Agreement, Warrant Agreement (Crescent Acquisition Corp)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A Form of Warrant Certificate Exhibit B Legend – Private Placement Warrants
Appears in 43 contracts
Samples: Warrant Agreement (Mercato Partners Acquisition Corp), Warrant Agreement (Mercato Partners Acquisition Corp), Warrant Agreement (Macondray Capital Acquisition Corp. I)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.
Appears in 37 contracts
Samples: Warrant Clarification Agreement (Echo Healthcare Acquisition Corp.), Warrant Clarification Agreement (India Globalization Capital, Inc.), Warrant Clarification Agreement (Ats Corp)
Severability. This Right Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Right Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Right Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.
Appears in 36 contracts
Samples: Rights Agreement (Springwater Special Situations Corp.), Rights Agreement (Springwater Special Situations Corp.), Rights Agreement
Severability. This Agreement shall Every provision of this agreement is intended to be deemed severable, and the invalidity or unenforceability of . If any term or provision hereof is illegal, invalid or unenforceable for any reason whatsoever, that term or provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and such illegality, invalidity or unenforceability shall not affect the validity or enforceability legality of the remainder of this Agreement or agreement. If necessary to effect the intent of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provisionthe parties, the parties hereto intend that there shall be added will negotiate in good faith to amend this agreement to replace the unenforceable language with enforceable language which as a part of this Agreement a provision closely as similar in terms to possible reflects such invalid or unenforceable provision as may be possible and be valid and enforceableintent.
Appears in 32 contracts
Samples: License Agreement (Unwired Telecom Corp), License Agreement (Shenandoah Telecommunications Co/Va/), Trademark and Service Mark License Agreement (Alamosa Holdings Inc)
Severability. This Agreement shall be deemed severable, and ; the invalidity or unenforceability of any term or provision hereof of this Agreement shall not affect the validity or enforceability of the balance of this Agreement or of any other term or provision hereof, which shall remain in full force and effect. Furthermore, in lieu If any of any such the provisions hereof are determined to be invalid or unenforceable term or provisionunenforceable, the parties hereto intend that there shall be added as a part of negotiate in good faith to modify this Agreement a provision so as similar in terms to such invalid or unenforceable provision effect the original intent of the parties as may be possible and be valid and enforceableclosely as possible.
Appears in 28 contracts
Samples: Investor Agreement (Activision Blizzard, Inc.), Stock Purchase Agreement (Activision Blizzard, Inc.), Voting Agreement (InterMetro Communications, Inc.)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Warrant Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.
Appears in 28 contracts
Samples: Warrant Agreement, Warrant Agreement (Nesco Holdings, Inc.), Warrant Agreement (Capitol Investment Corp. IV)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A — Form of Warrant Certificate
Appears in 28 contracts
Samples: Public Warrant Agreement (Churchill Capital Corp IX/Cayman), Public Warrant Agreement (Nabors Energy Transition Corp. II), Public Warrant Agreement (Nabors Energy Transition Corp. II)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A – Form of Warrant Certificate
Appears in 27 contracts
Samples: Warrant Agreement (Spring Valley Acquisition Corp. II), Warrant Agreement (Spring Valley Acquisition Corp. II), Warrant Agreement (FG Merger Corp.)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any Any term or provision hereof shall not affect the validity or enforceability of this Agreement (or of part thereof) that renders such term or provision (or part thereof) or any other term or provision hereof. Furthermore, in lieu of any such (or part thereof) hereof invalid or unenforceable in any respect shall be severable and shall be modified or severed to the extent necessary to avoid rendering such term or provisionprovision (or part thereof) invalid or unenforceable, the parties hereto intend that there and such modification or severance shall be added as a part accomplished in the manner that most nearly preserves the benefit of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceablethe Parties’ bargain hereunder.
Appears in 24 contracts
Samples: Separation and Consulting Agreement (DocGo Inc.), Transition Services and Retirement Agreement (Helmerich & Payne, Inc.), Separation Agreement (Track Group, Inc.)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A Form of Warrant Certificate Exhibit B Legend — Placement Warrants and Loan Warrants
Appears in 24 contracts
Samples: Warrant Agreement (Ftac Zeus Acquisition Corp.), Warrant Agreement (FTAC Emerald Acquisition Corp.), Warrant Agreement (Ftac Zeus Acquisition Corp.)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A – Legend Exhibit B – Form of Warrant Certificate
Appears in 23 contracts
Samples: Warrant Agreement (Spring Valley Acquisition Corp. II), Warrant Agreement (Spring Valley Acquisition Corp. II), Warrant Agreement (Spring Valley Acquisition Corp. II)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A – Form of Warrant Certificate Exhibit B – Legend [Signature Page Follows]
Appears in 23 contracts
Samples: Warrant Agreement (BurTech Acquisition Corp.), Warrant Agreement (AltEnergy Acquisition Corp), Warrant Agreement (AltEnergy Acquisition Corp)
Severability. This The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any term one or provision more of the provisions hereof shall not affect the validity or enforceability of any other provision. In the event any clause of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provisionis deemed to be invalid, the parties hereto intend shall endeavor to modify that there shall be added as clause in a part manner which carries out the intent of the parties in executing this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceableAgreement.
Appears in 23 contracts
Samples: Separation Agreement (Veradigm Inc.), Separation Agreement (Veradigm Inc.), Employment Agreement (Allscripts Healthcare Solutions, Inc.)
Severability. This The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of . If any term or provision hereof shall not affect the validity or enforceability of this Agreement is determined to be illegal, invalid or unenforceable in any situation: (i) the parties hereto shall agree to a suitable and equitable provision to be substituted therefor in order to carry out, so far as may be valid and enforceable, the intent and purpose of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, ; and (ii) the parties hereto intend that there shall be added as a part remainder of this Agreement a shall remain in full force and effect, and the application of such provision as similar in terms to such invalid or unenforceable provision as may any other situation shall not be possible and be valid and enforceableaffected.
Appears in 21 contracts
Samples: Employment and Non Competition Agreement (Powersecure International, Inc.), Employment and Non Competition Agreement (Metretek Technologies Inc), Employment and Non Competition Agreement (Metretek Technologies Inc)
Severability. This Agreement shall be deemed severable, and a determination by a court or other legal authority that any provision that is not of the invalidity or unenforceability essence of any term or provision hereof this Agreement is legally invalid shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, the parties shall cooperate in lieu of good faith to substitute (or cause such court or other legal authority to substitute) for any such provision so held to be invalid or unenforceable term or a valid provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar alike in terms substance to such invalid or unenforceable provision as may be possible and be valid and enforceable.
Appears in 20 contracts
Samples: Merger Agreement (Viveon Health Acquisition Corp.), Merger Agreement (Clearday, Inc.), Registration Rights Agreement (Viveon Health Acquisition Corp.)
Severability. This Agreement shall be deemed is severable. When possible, and the invalidity or unenforceability of any term or each provision hereof shall not affect the validity or enforceability of this Agreement or of will be interpreted in such manner as to be effective and valid under applicable Law, but if any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement is held to be to any extent prohibited by or invalid under applicable Law, such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of this Agreement (or of such provision). The Parties shall make a provision as similar in terms good faith effort to such replace the invalid or unenforceable provision as may be possible and be with a valid and enforceableone which in its economic effect is most consistent with the invalid or unenforceable provision.
Appears in 19 contracts
Samples: License Agreement (AUM Biosciences LTD), Collaboration Agreement (Tg Therapeutics, Inc.), Collaboration Agreement (Checkpoint Therapeutics, Inc.)
Severability. This Agreement shall be deemed severable, and ; the invalidity or unenforceability of any term or provision hereof of this Agreement shall not affect the validity or enforceability of the balance of this Agreement or of any other term or provision hereof, which shall remain in full force and effect. Furthermore, in lieu If of any such of the provisions hereof are determined to be invalid or unenforceable term or provisionunenforceable, the parties hereto intend that there shall be added as a part of negotiate in good faith to modify this Agreement a provision so as similar in terms to such invalid or unenforceable provision effect the original intent of the parties as may be possible and be valid and enforceableclosely as possible.
Appears in 18 contracts
Samples: Voting and Support Agreement (Capitol Acquisition Corp), Agreement and Plan of Merger (Solexa, Inc.), Agreement and Plan of Merger (Illumina Inc)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties Parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.
Appears in 18 contracts
Samples: Share Purchase Agreement (Inogen Inc), Share Purchase Agreement, Sale and Purchase Agreement
Severability. This The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any term one or provision more of the provisions hereof shall not affect the validity or enforceability of any other provision. In the event any clause of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provisionis deemed to be invalid, the parties hereto intend shall endeavor to modify that there shall be added as clause in a part manner which carries out the intent of the parities in executing this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceableAgreement.
Appears in 18 contracts
Samples: Employment Agreement (Livongo Health, Inc.), Employment Agreement (Livongo Health, Inc.), Employment Agreement (Livongo Health, Inc.)
Severability. This Agreement shall will be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall will not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto Parties intend that there shall be added as a part of this Agreement a valid and enforceable provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceablepossible.
Appears in 17 contracts
Samples: Restricted Stock Bonus Agreement (Openwave Systems Inc), Restricted Stock Agreement (American Land Lease Inc), Restricted Stock Agreement (Oakley Inc)
Severability. This Agreement shall be deemed severable; the invalidity, and the invalidity illegality or unenforceability of any term or provision hereof of this Agreement shall not affect the validity validity, legality or enforceability of the balance of this Agreement or of any other term hereof, which shall remain in full force and effect. If any of the provisions hereof are determined to be invalid, illegal or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provisionunenforceable, the parties hereto intend that there shall be added as a part of negotiate in good faith to modify this Agreement a provision so as similar in terms to such invalid or unenforceable provision effect the original intent of the parties as may be possible and be valid and enforceableclosely as possible.
Appears in 16 contracts
Samples: Voting and Support Agreement (Paratek Pharmaceuticals, Inc.), Voting and Support Agreement (Mullen Automotive Inc.), Voting Agreement (Net Element, Inc.)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto Parties intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be that is valid and enforceable.
Appears in 15 contracts
Samples: Investor Rights Agreement (APRINOIA Therapeutics Holdings LTD), Investor Rights Agreement (Lanvin Group Holdings LTD), Investor Rights Agreement (Primavera Capital Acquisition Corp.)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A Form of Warrant Certificate
Appears in 15 contracts
Samples: Warrant Agreement (Janus International Group, Inc.), Warrant Agreement (SilverBox Corp III), Public Warrant Agreement (SilverBox Corp III)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A - Form of Warrant Certificate
Appears in 15 contracts
Samples: Warrant Agreement (Above Food Ingredients Inc.), Warrant Agreement (FG Merger III Corp.), Warrant Agreement (FG Merger II Corp.)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A: Legend — Private Placement Warrants Exhibit B: Form of Warrant Certificate
Appears in 14 contracts
Samples: Warrant Agreement (Artius Acquisition Inc.), Warrant Agreement (Artius Acquisition Inc.), Warrant Agreement
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A Form of Warrant Certificate Exhibit B Legend—Private Placement Warrants
Appears in 14 contracts
Samples: Warrant Agreement (Nikola Corp), Warrant Agreement (Spark I Acquisition Corp), Warrant Agreement (Spark I Acquisition Corp)
Severability. This Agreement shall will be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall will not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a valid and enforceable provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceablepossible.
Appears in 14 contracts
Samples: Restricted Share Agreement (Endurance Specialty Holdings LTD), Restricted Share Agreement (Endurance Specialty Holdings LTD), Restricted Share Unit Agreement (Endurance Specialty Holdings LTD)
Severability. This If any provision of this Agreement is invalid, unenforceable or prohibited by Applicable Law, this Agreement shall be deemed severableconsidered divisible as to such provision and such provision shall be inoperative and shall not be part of the consideration moving from either Party hereto to the other, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability remainder of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added valid, binding and of like effect as a part of this Agreement a though such provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceablewas not included herein.
Appears in 13 contracts
Samples: Share Purchase Agreement, Share Purchase Agreement, Share Purchase Agreement
Severability. This The provisions of this Agreement shall be deemed severable, severable and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of the provisions hereof and the remaining provisions of this Agreement shall remain in full force and effect. If any provision or term of any other this Agreement is susceptible to two or more constructions or interpretations, one or more of which would render the provision or term void or unenforceable, the parties agree that a construction or interpretation which renders the term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there valid shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceablefavored.
Appears in 12 contracts
Samples: Retention Agreement (Superior Group of Companies, Inc.), Change in Control Agreement (Superior Group of Companies, Inc.), Change in Control Agreement (Superior Group of Companies, Inc.)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A Legend Exhibit B Form of Warrant Certificate
Appears in 12 contracts
Samples: Warrant Agreement (SilverBox Corp III), Warrant Agreement (SilverBox Corp III), Private Warrant Agreement (SilverBox Engaged Corp II)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A – Form of Warrant Certificate Exhibit B – Legend Private Placement Warrants
Appears in 12 contracts
Samples: Warrant Agreement (Talon 1 Acquisition Corp), Warrant Agreement (Talon 1 Acquisition Corp), Warrant Agreement (Talon 1 Acquisition Corp)
Severability. This The parties hereto agree that if any of the provisions contained in this Agreement shall be determined invalid, unlawful or unenforceable to any extent, such provisions shall be deemed modified to the extent necessary to render such provisions enforceable. The parties hereto further agree that this Agreement shall be deemed severable, and the invalidity invalidity, unlawfulness or unenforceability of any term or provision hereof thereof shall not affect the validity validity, legality or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.
Appears in 11 contracts
Samples: Subscription Agent Agreement (Illinois Superconductor Corporation), Subscription Agent Agreement (Colonial Intermediate High Income Fund), Subscription Agent Agreement (American Real Estate Partners L P)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A: Form of Warrant Certificate Exhibit B: Legend — Private Placement Warrants
Appears in 11 contracts
Samples: Private Placement Warrants Purchase Agreement (Avalon Acquisition Inc.), Warrant Agreement (Avalon Acquisition Inc.), Warrant Agreement (Avalon Acquisition Inc.)
Severability. This Agreement shall be deemed severable, and ; the invalidity or unenforceability of any term or provision hereof of this Agreement shall not affect the validity or enforceability of the balance of this Agreement or of any other term or provision hereof, which shall remain in full force and effect. Furthermore, in lieu If any of any such the provisions hereof are determined to be invalid or unenforceable term or provisionunenforceable, the parties hereto intend that there shall be added as a part of negotiate in good faith to modify this Agreement a provision so as similar in terms to such invalid or unenforceable provision effect the original intent of the parties as may be possible and be valid and enforceableclosely as possible.
Appears in 11 contracts
Samples: Aero TLD Sponsorship Registry Agreement, Aero TLD Sponsorship Registry Agreement, Coop Sponsored TLD Registry Agreement
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there Parties shall be added as a part of negotiate in good faith to modify this Agreement to include a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.
Appears in 11 contracts
Samples: Purchase Agreement, Purchase Agreement, Purchase Agreement (CNX Resources Corp)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties Parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and so as to be valid and enforceable.
Appears in 10 contracts
Samples: Option Exchange Agreement (RetinalGenix Technologies Inc.), Option Exchange Agreement (RetinalGenix Technologies Inc.), Share Exchange Agreement
Severability. This Agreement shall will be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall will not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a valid and enforceable provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceablepossible.
Appears in 10 contracts
Samples: Restricted Stock Unit Agreement (MTGE Investment Corp.), Restricted Stock Unit Agreement (American Capital Mortgage Investment Corp.), Restricted Stock Unit Agreement (American Capital Agency Corp)
Severability. This Each provision of this Agreement shall be deemed considered severable. If for any reason any provisions herein are determined to be invalid or unenforceable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, shall be construed in lieu of any all respects as though such invalid or unenforceable term provisions were omitted, and such invalidity or provisionunenforceability shall not impair or otherwise affect the validity of the other provisions of this Agreement. Moreover, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms agree to replace such invalid or unenforceable provision as may be possible and be valid and enforceablewith a substitute provision that will correspond to the original intent of the parties.
Appears in 10 contracts
Samples: Security Agreement (Grow Solutions Holdings, Inc.), Employment Agreement (Lighttouch Vein & Laser Inc), Employment Agreement (Isolyser Co Inc /Ga/)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A - Form of Warrant Certificate Exhibit B - Legend
Appears in 10 contracts
Samples: Warrant Agreement (Vahanna Tech Edge Acquisition I Corp.), Warrant Agreement (Spindletop Health Acquisition Corp.), Agreement (Vahanna Tech Edge Acquisition I Corp.)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A – Form of Warrant Certificate Exhibit B – Legend – Private Placement Warrants
Appears in 9 contracts
Samples: Warrant Agreement (Banyan Acquisition Corp), Warrant Agreement (Banyan Acquisition Corp), Warrant Agreement (Southport Acquisition Corp)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto Parties intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable, so as to effect the original intent of the Parties to the greatest extent possible.
Appears in 9 contracts
Samples: Transition Services Agreement (Rafael Holdings, Inc.), Transition Services Agreement (Rafael Holdings, Inc.), Transition Services Agreement (Zedge, Inc.)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, if any term or provision hereof shall be deemed to be invalid or unenforceable, the parties hereto shall mutually agree upon an amendment to this Agreement to include a term or provision as similar in lieu of any purpose to such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be reasonably possible and be which term or provision is valid and enforceable.
Appears in 9 contracts
Samples: Registration Rights Agreement (Compass Diversified Holdings), Registration Rights Agreement (Staffmark Holdings, Inc.), Registration Rights Agreement (Senior Housing Properties Trust)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. [remainder of document continued on next page]
Appears in 8 contracts
Samples: Warrant Agreement (RAI Acquisition Corp.), Form of Warrant Agreement (Asia Special Situation Acquisition Corp), Form of Warrant Agreement (Asia Special Situation Acquisition Corp)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any specific term or provision hereof of this Agreement shall not affect the validity or enforceability of this Agreement or of any other term or provision hereofof this Agreement. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there Parties shall be added as a part of negotiate in good faith to modify this Agreement to include a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.
Appears in 8 contracts
Samples: Gp Purchase Agreement, Gp Purchase Agreement (CrossAmerica Partners LP), Idr Purchase Agreement (CrossAmerica Partners LP)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A — Form of Warrant Certificate [Signature Page Follows]
Appears in 8 contracts
Samples: Public Warrant Agreement (Churchill Capital Corp IX/Cayman), Public Warrant Agreement (Churchill Capital Corp IX/Cayman), Public Warrant Agreement (Agriculture & Natural Solutions Acquisition Corp)
Severability. This The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision one ore more of the provisions hereof shall not affect the validity or enforceability of any other provision. In the event any clause of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provisionis deemed to be invalid, the parties hereto intend shall endeavor to modify that there shall be added as clause in a part manner which carries out the intent of the parities in executing this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceableAgreement.
Appears in 8 contracts
Samples: Employment Agreement (Allscripts Healthcare Solutions Inc), Employment Agreement (Allscripts Healthcare Solutions Inc), Employment Agreement (Allscripts Healthcare Solutions Inc)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.
Appears in 7 contracts
Samples: Unit Purchase Option Clarification Agreement (Great Wall Acquisition Corp), Unit Purchase Option Clarification Agreement (Argyle Security Acquisition CORP), Unit Purchase Option Clarification Agreement (Jaguar Acquisition Corp.)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable, so as to effect the original intent of the parties to the greatest extent possible.
Appears in 7 contracts
Samples: Transition Services Agreement (Centerpulse LTD), Master Services Agreement (Idt Spectrum, Inc.), Master Services Agreement (Idt Spectrum, Inc.)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A Form of Warrant Certificate Exhibit B Legend [Signature Page Follows]
Appears in 7 contracts
Samples: Warrant Agreement (Covalto Ltd.), Warrant Agreement (TLGY Acquisition Corp), Warrant Agreement (Tuatara Capital Acquisition Corp)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A—Form of Warrant Certificate Exhibit B Legend—Private Placement Warrants
Appears in 7 contracts
Samples: Warrant Agreement (Denali Capital Acquisition Corp.), Warrant Agreement (Aimfinity Investment Corp. I), Form of Warrant Agreement (Denali Capital Acquisition Corp.)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A - Form of Warrant Certificate Exhibit B Legend - Private Placement Warrants
Appears in 6 contracts
Samples: Warrant Agreement (Sound Point Acquisition Corp I, LTD), Warrant Agreement (Sound Point Acquisition Corp I, LTD), Warrant Agreement (Blockchain Coinvestors Acquisition Corp. I)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A Form of Warrant Certificate Exhibit B Legend — Private Warrants
Appears in 6 contracts
Samples: Warrant Agreement (Mason Industrial Technology, Inc.), Warrant Agreement (Mason Industrial Technology, Inc.), Warrant Agreement (Mason Industrial Technology, Inc.)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A Form of Warrant Certificate Exhibit B Legend - Private Placement Warrants
Appears in 6 contracts
Samples: Warrant Agreement (Clarim Acquisition Corp.), Warrant Agreement (Clarim Acquisition Corp.), Warrant Agreement (Clarim Acquisition Corp.)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A Legend Exhibit B Form of Warrant Certificate [Signature Page Follows]
Appears in 6 contracts
Samples: Warrant Agreement (VinFast Auto Ltd.), Warrant Agreement (VinFast Auto Pte. Ltd.), Warrant Agreement (Black Spade Acquisition Co)
Severability. This Agreement shall be deemed severable, and ; the invalidity or unenforceability of any term or provision hereof of this Agreement shall not affect the validity or enforceability of the balance of this Agreement or of any other term or provision hereof, which shall remain in full force and effect. Furthermore, in lieu If any of any such the provisions hereof are determined to be invalid or unenforceable term or provisionunenforceable, the parties hereto intend that there shall be added as a part of negotiate in good faith to modify this Agreement a provision so as similar in terms to such invalid or unenforceable provision affect the original intent of the parties as may be possible and be valid and enforceableclosely as possible.
Appears in 6 contracts
Samples: Voting Agreement (GFInet Inc.), Voting Agreement (GFInet Inc.), Voting Agreement (Fund Holdings, LLC)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof of this Agreement shall not affect the validity or enforceability of this Agreement or of any other term or provision hereofof this Agreement. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A — Form of Warrant Certificate Exhibit B — Legend — Private Placement Warrants
Appears in 6 contracts
Samples: Warrant Agreement (Dorchester Capital Acquisition Corp.), Warrant Agreement (Dorchester Capital Acquisition Corp.), Warrant Agreement (Black Mountain Acquisition Corp.)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. * * * * * (Signature Page Follows)
Appears in 6 contracts
Samples: Warrant Agreement (2020 ChinaCap Acquirco, Inc.), Warrant Agreement (2020 ChinaCap Acquirco, Inc.), Warrant Agreement (2020 ChinaCap Acquirco, Inc.)
Severability. This Agreement shall be deemed severableIf any provision of this Agreement, or the application thereof to any Person or circumstance, is held invalid or unenforceable, the remainder of this Agreement, and the invalidity application of such provision to other Persons or unenforceability of any term or provision hereof circumstances shall not affect be affected thereby, and to such end, the validity or enforceability provisions of this Agreement or of are agreed to be severable. Upon such determination that any other term or provision hereof. Furthermore, in lieu of any such is invalid or unenforceable term or provisionunenforceable, the parties hereto intend that there shall be added as a part of negotiate in good faith to modify this Agreement so as to effect the original intent of the parties hereto as closely as possible in a provision as similar in terms manner acceptable to such invalid or unenforceable provision as may be possible and be valid and enforceableall parties hereto.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Monsanto Co /New/), Agreement and Plan of Merger (Savia Sa De Cv), Agreement and Plan of Merger (Southern Peru Copper Corp/)
Severability. This The provisions of this Agreement shall be deemed severable, severable and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of the other provisions hereof. Upon any other determination that any term or other provision hereof. Furthermoreof this Agreement, in lieu of or the application thereof to any such invalid Person or unenforceable term any circumstance, is invalid, illegal or provisionunenforceable, the parties hereto intend that there shall be added as a part of negotiate in good faith to modify this Agreement a provision so as similar to effect the original intent of the parties as closely as possible in terms an acceptable manner to such invalid or unenforceable provision as may be possible and be valid and enforceablethe end that transactions contemplated hereby are fulfilled to the extent possible.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Eon Labs Inc), Agreement and Plan of Merger (Intermix Media, Inc.), Agreement and Plan of Merger (Novartis Ag)
Severability. This Agreement shall be deemed severable, and the invalidity If any provision or unenforceability of any term or provision hereof shall not affect the validity or enforceability provisions of this Agreement or of shall, to any other term or provision hereof. Furthermoreextent, in lieu of any such be held to be invalid or unenforceable term or provisionby a court of competent jurisdiction, the parties hereto intend that there shall be added as a part remainder of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. However, in case such invalidation or unenforceability injures the rights and interests of a provision as similar Party, the Parties hereto shall renegotiate this Agreement in terms good faith to such replace any invalid or unenforceable provision as with a valid and enforceable one such that the objectives contemplated by the Parties when entering this Agreement may be possible and be valid and enforceablerealized.
Appears in 5 contracts
Samples: License Agreement (Adverum Biotechnologies, Inc.), License Agreement (Anthera Pharmaceuticals Inc), License Agreement (Anthera Pharmaceuticals Inc)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be that is also valid and enforceable.
Appears in 5 contracts
Samples: Warrant Agreement (NXT-Id, Inc.), Warrant Agreement (NXT-Id, Inc.), Warrant Agency Agreement (Genspera Inc)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto Parties intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Bruker Corp), Securities Purchase Agreement (Heico Corp), Form of Warrant Transfer and Option Agreement (AltEnergy Acquisition Corp)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A Legend — Private Placement Warrants Exhibit B Form of Warrant Certificate
Appears in 5 contracts
Samples: Warrant Agreement (One Madison Corp), Warrant Agreement (One Madison Corp), Warrant Agreement (CF Corp)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A — Form of Warrant Certificate Exhibit B Legend — Sponsor’s Warrants
Appears in 5 contracts
Samples: Warrant Agreement (Hennessy Capital Acquisition Corp. III), Warrant Agreement (Hennessy Capital Acquisition Corp. III), Warrant Agreement (Hennessy Capital Acquisition Corp. III)
Severability. This Agreement Amendment shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.
Appears in 5 contracts
Samples: Warrant Agreement (Glori Energy Inc.), Warrant Agreement (Glori Acquisition Corp.), Warrant Agreement (Infinity Cross Border Acquisition Corp)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.
Appears in 5 contracts
Samples: Purchase Agreement (Clearpoint Business Resources, Inc), Purchase Agreement (Tradeshow Products, Inc.), Purchase Agreement (Clearpoint Business Resources, Inc)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable, so as to effect the original intent of the parties to the greatest extent possible.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Iesi Corp), Stock Purchase Agreement (Allion Healthcare Inc), Stock Purchase Agreement (Valassis Communications Inc)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A Form of Warrant Certificate Exhibit B Legend — Warrants
Appears in 5 contracts
Samples: Warrant Agreement (U.S. Well Services, Inc.), Warrant Agreement (U.S. Well Services, Inc.), Warrant Agreement (Crestview Partners III GP, L.P.)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of if any term or provision hereof shall not affect the validity or enforceability of this Agreement is rendered or deemed void, unenforceable, or otherwise ineffective by operation of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provisionlaw, the parties hereto intend that there shall be added as a part other provisions of this Agreement a provision as similar shall not be affected and shall remain in terms full force and effect, and the Parties shall negotiate in good faith to replace such invalid illegal, void or unenforceable provision with a provision that corresponds as may be closely as possible and be valid and enforceableto the intentions of the Parties as expressed by such illegal, void or unenforceable provision.
Appears in 4 contracts
Samples: Confidentiality and Nondisclosure Agreement, Confidentiality and Nondisclosure Agreement, Confidentiality and Nondisclosure Agreement
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of If any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such shall be determined to be invalid or unenforceable term or provisionunder Applicable Law, such provision shall be deemed severed from this Agreement, and a reasonable valid provision to be mutually agreed upon shall be substituted. In the event that no reasonable valid provision can be so substituted, the parties hereto intend that there shall be added as a part remaining provisions of this Agreement shall remain in full force and effect, and shall be construed and interpreted in a provision manner that corresponds as similar far as possible with the intentions of the Parties as expressed in terms to such invalid or unenforceable provision as may be possible and be valid and enforceablethis Agreement.
Appears in 4 contracts
Samples: Branding Agreement, Termination and License Agreement (Two Way Tv Us Inc), License Agreement (Two Way Tv Us Inc)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A Form of Warrant Certificate Exhibit B Legend — Placement Warrants
Appears in 4 contracts
Samples: Warrant Agreement (BGS Acquisition Corp.), Warrant Agreement (BGS Acquisition Corp.), Warrant Agreement (BGS Acquisition Corp.)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. [Signature Page Appears Next] Signature Page to Rights Agreement
Appears in 4 contracts
Samples: Forest Acquisition Corp (Forest Acquisition Corp.), Form of Rights Agreement (Giant Oak Acquisition Corp), Form of Rights Agreement (Alpha Star Acquisition Corp)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A Form of Warrant Certificate Exhibit B Legend Private Placement Warrants
Appears in 4 contracts
Samples: Warrant Agreement (SilverBox Engaged Corp II), Warrant Agreement (Silverbox Engaged Merger Corp I), Warrant Agreement (Silverbox Engaged Merger Corp I)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable. [Remainder of page intentionally left blank.]
Appears in 4 contracts
Samples: Warrant Agreement (International Brands Management Group LTD), Warrant Agreement (International Brands Management Group LTD), Warrant Agreement (International Brands Management Group LTD)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. METAL SKY STAR ACQUISITION CORPORATION WARRANT AGREEMENT SIGNATURE PAGE
Appears in 4 contracts
Samples: Warrant Agreement (Metal Sky Star Acquisition Corp), Warrant Agreement (Metal Sky Star Acquisition Corp), Warrant Agreement (Metal Sky Star Acquisition Corp)
Severability. This The terms and provisions of this Agreement shall be deemed severable, and severable in the invalidity or unenforceability event that a Court of competent jurisdiction rules that any term or provision hereof shall not affect is either unenforceable or invalid. Each Party agrees that the validity unenforceability or enforceability invalidity of any one or more of the terms or provisions of this Agreement shall not render any of the other terms or of any other provisions hereof unenforceable or invalid and that this Agreement shall be construed as if such unenforceable or invalid term or provision hereof. Furthermorewas, in lieu to the extent of any such invalid unenforceability or unenforceable term or provisioninvalidity, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceablenot contained herein.
Appears in 4 contracts
Samples: Royalty Agreement, Royalty Agreement (Paramount Energy Trust), Royalty Agreement (Paramount Energy Trust)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereofhereof or thereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.
Appears in 4 contracts
Samples: Warrant Agreement (Cazador Acquisition Corp Ltd.), Warrant Agreement (Cazador Acquisition Corp Ltd.), Warrant Agreement (Cazador Acquisition Corp Ltd.)
Severability. This Agreement shall be deemed severable, and the The invalidity or unenforceability of any term or provision hereof of this Agreement shall not affect the validity other provisions hereof, and the Agreement shall be construed in all respects as if such invalid or enforceability unenforceable provisions were omitted. Furthermore, upon the request of any party hereto, the parties to this Agreement or of any other term or provision hereof. Furthermoreshall add, in lieu of any such invalid or unenforceable term or provisionprovisions, the parties hereto intend that there shall be added as a part of this Agreement a provision provisions as similar in terms to such invalid or unenforceable provision provisions as may be possible and be legal, valid and enforceable.
Appears in 4 contracts
Samples: Contribution and Exchange Agreement (Monte Rosa Therapeutics, Inc.), Contribution and Exchange Agreement (Monte Rosa Therapeutics, Inc.), Contribution and Share Exchange Agreement (RMS Limited Partnership)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of this Agreement or any other term or provision condition hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend agree that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (Iconix Brand Group, Inc.), Termination and Settlement Agreement (Cherokee Inc), Agreement (Iconix Brand Group, Inc.)
Severability. This Right Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Right Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Right Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. [signature page to UTXO Acquisition Inc. Rights Agreement]
Appears in 4 contracts
Samples: Rights Agreement (UTXO Acquisition Inc.), Rights Agreement (UTXO Acquisition Inc.), Rights Agreement (UTXO Acquisition Inc.)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A: Form of Warrant Certificate
Appears in 4 contracts
Samples: Warrant Agreement (LF Capital Acquisition Corp. II), Warrant Agreement (LF Capital Acquisition Corp. II), Warrant Agreement (LF Capital Acquisition Corp. II)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A - Legend Exhibit B - Form of Warrant Certificate
Appears in 3 contracts
Samples: Warrant Agreement (Banner Acquisition Corp.), Warrant Agreement (Banner Acquisition Corp.), Warrant Agreement (Activate Permanent Capital Corp.)
Severability. This Agreement shall be deemed severable, ------------ and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Apollo Investment Fund Iv Lp), Purchase Agreement (Us Search Corp Com), Stock Purchase Agreement (Apollo Investment Fund Iii Lp)
Severability. This Agreement shall be deemed ------------ severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Hutchison Whampoa LTD /Wav), Stock Purchase Agreement (Hutchison Whampoa LTD /Wav), Stock Purchase and Registration Rights Agreement (Planvista Corp)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.shall
Appears in 3 contracts
Samples: Assignment, Assumption and Amendment Agreement (Nexters Inc.), Assignment, Assumption and Amendment Agreement (Nexters Inc.), Registration Rights Agreement (Catalina Lighting Inc)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A — Form of Warrant Certificate Exhibit B — Legend — Private Warrants
Appears in 3 contracts
Samples: Warrant Agreement (I-Am CAPITAL ACQUISITION Co), Warrant Agreement (I-Am CAPITAL ACQUISITION Co), Warrant Agreement (I-Am CAPITAL ACQUISITION Co)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be possible, valid and enforceable.
Appears in 3 contracts
Samples: Sales Agency Agreement (Inland Real Estate Corp), Sales Agency Agreement (Venoco, Inc.), Sales Agency Agreement (Inland Real Estate Corp)
Severability. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.. Exhibit A Form of Warrant Certificate Exhibit B Legend —Private Placement Warrants
Appears in 3 contracts
Samples: Warrant Agreement (Sustainable Opportunities Acquisition Corp.), Warrant Agreement (Sustainable Opportunities Acquisition Corp.), Warrant Agreement (Sustainable Opportunities Acquisition Corp.)
