Common use of Entire Agreement; Amendment; Severability Clause in Contracts

Entire Agreement; Amendment; Severability. This Agreement (including all schedules and exhibits attached hereto and Placement Notices issued pursuant hereto and not declined by R▇▇▇▇▇▇ J▇▇▇▇) constitutes the entire agreement of the parties to this Agreement and supersedes all prior written or oral and all contemporaneous oral agreements, understandings and negotiations with respect to the subject matter hereof. This Agreement may not be amended or modified unless in writing by all of the parties hereto, and no condition herein (express or implied) may be waived unless waived in writing by each party whom the condition is meant to benefit. In the event that any one or more of the provisions contained herein, or the application thereof in any circumstance, is held invalid, illegal or unenforceable as written by a court of competent jurisdiction, then such provision shall be given full force and effect to the fullest possible extent that it is valid, legal and enforceable, and the remainder of the terms and provisions herein shall be construed as if such invalid, illegal or unenforceable term or provision was not contained herein, but only to the extent that giving effect to such provision and the remainder of the terms and provisions hereof shall be in accordance with the intent of the parties as reflected in this Agreement.

Entire Agreement; Amendment; Severability. This Agreement (including all schedules and exhibits attached hereto and Placement Notices issued pursuant hereto and not declined by R▇▇▇▇▇▇ J▇▇▇▇the Agents) constitutes the entire agreement of the parties to this Agreement and supersedes all prior written or oral and all contemporaneous oral agreements, understandings and negotiations with respect to the subject matter hereof. This Agreement may not be amended or modified unless in writing by all of the parties hereto, and no condition herein (express or implied) may be waived unless waived in writing by each party whom the condition is meant to benefit. In the event that any one or more of the provisions contained herein, or the application thereof in any circumstance, is held invalid, illegal or unenforceable as written by a court of competent jurisdiction, then such provision shall be given full force and effect to the fullest possible extent that it is valid, legal and enforceable, and the remainder of the terms and provisions herein shall be construed as if such invalid, illegal or unenforceable term or provision was not contained herein, but only to the extent that giving effect to such provision and the remainder of the terms and provisions hereof shall be in accordance with the intent of the parties as reflected in this Agreement.

Entire Agreement; Amendment; Severability. This Agreement (including all schedules and exhibits attached hereto and Placement Notices issued pursuant hereto and not declined by R▇▇▇▇▇▇▇ J▇▇▇▇▇) constitutes the entire agreement of the parties to this Agreement and supersedes all prior written or oral and all contemporaneous oral agreements, understandings and negotiations with respect to the subject matter hereof. This Agreement may not be amended or modified unless in writing by all of the parties hereto, and no condition herein (express or implied) may be waived unless waived in writing by each party whom the condition is meant to benefit. In the event that any one or more of the provisions contained herein, or the application thereof in any circumstance, is held invalid, illegal or unenforceable as written by a court of competent jurisdiction, then such provision shall be given full force and effect to the fullest possible extent that it is valid, legal and enforceable, and the remainder of the terms and provisions herein shall be construed as if such invalid, illegal or unenforceable term or provision was not contained herein, but only to the extent that giving effect to such provision and the remainder of the terms and provisions hereof shall be in accordance with the intent of the parties as reflected in this Agreement.

Entire Agreement; Amendment; Severability. This Agreement (including all schedules and exhibits attached hereto and Placement Notices issued pursuant hereto and not declined by R▇▇▇▇▇▇ J▇▇▇▇hereto) constitutes the entire agreement of the parties to this Agreement and supersedes all other prior and contemporaneous agreements and undertakings, both written or oral and all contemporaneous oral agreementsoral, understandings and negotiations among the parties hereto with respect regard to the subject matter hereof. This Neither this Agreement nor any term hereof may not be amended or modified unless in writing except pursuant to a written instrument executed by all of the parties heretoCompany and Cowen; provided, and no condition herein (express or implied) may be waived unless waived in writing by that each party whom hereto may amend the condition is meant list of individuals appearing under such party’s name on Schedule 2 by giving notice to benefitthe other party hereto. In the event that any one or more of the provisions contained herein, or the application thereof in any circumstance, is held invalid, illegal or unenforceable as written by a court of competent jurisdiction, then such provision shall be given full force and effect to the fullest possible extent that it is valid, legal and enforceable, and the remainder of the terms and provisions herein shall be construed as if such invalid, illegal or unenforceable term or provision was not contained herein, but only to the extent that giving effect to such provision and the remainder of the terms and provisions hereof shall be in accordance with the intent of the parties as reflected in this Agreement.

Entire Agreement; Amendment; Severability. This Agreement (including all schedules and exhibits attached hereto and Placement Notices issued pursuant hereto and not declined by R▇▇▇▇▇▇ J▇▇▇▇hereto) constitutes the entire agreement of the parties to this Agreement and supersedes all prior written or oral and all contemporaneous oral agreements, understandings and negotiations with respect to the subject matter hereof and supersedes all other prior and contemporaneous agreements and undertakings, both written and oral, among the parties hereto with regard to the subject matter hereof. This Neither this Agreement nor any term hereof may not be amended or modified unless in writing except pursuant to a written instrument executed by all of the parties heretoCompany and C▇▇▇▇-▇▇▇▇▇▇, and no condition herein (express or implied) may be waived unless waived in writing by each party whom the condition is meant to benefit. In the event that any one or more of the provisions contained herein, or the application thereof in any circumstance, is held invalid, illegal or unenforceable as written by a court of competent jurisdiction, then such provision shall be given full force and effect to the fullest possible extent that it is valid, legal and enforceable, and the remainder of the terms and provisions herein shall be construed as if such invalid, illegal or unenforceable term or provision was not contained herein, but only to the extent that giving effect to such provision and the remainder of the terms and provisions hereof shall be in accordance with the intent of the parties as reflected in this Agreement.

Entire Agreement; Amendment; Severability. This Agreement (including all schedules and exhibits attached hereto and Placement Notices issued pursuant hereto and not declined by R▇▇▇▇▇▇ J▇▇▇▇hereto) constitutes the entire agreement of the parties to this Agreement and supersedes all other prior and contemporaneous agreements and undertakings, both written or oral and all contemporaneous oral agreementsoral, understandings and negotiations among the parties hereto with respect regard to the subject matter hereof. This Neither this Agreement nor any term hereof may not be amended or modified unless in writing except pursuant to a written instrument executed by all of the parties hereto, Company and no condition herein (express or implied) may be waived unless waived in writing by ▇▇ ▇▇▇▇▇; provided¸ that each party whom hereto may amend the condition is meant list of individuals appearing under such party’s name on Schedule 2 by giving notice to benefitthe other party hereto. In the event that any one or more of the provisions contained herein, or the application thereof in any circumstance, is held invalid, illegal or unenforceable as written by a court of competent jurisdiction, then such provision shall be given full force and effect to the fullest possible extent that it is valid, legal and enforceable, and the remainder of the terms and provisions herein shall be construed as if such invalid, illegal or unenforceable term or provision was not contained herein, but only to the extent that giving effect to such provision and the remainder of the terms and provisions hereof shall be in accordance with the intent of the parties as reflected in this Agreement.

Entire Agreement; Amendment; Severability. This Agreement (including all schedules and exhibits attached hereto and Placement Notices issued pursuant hereto and not declined by R▇▇▇▇▇▇ J▇▇▇▇hereto) constitutes the entire agreement of the parties to this Agreement and supersedes all prior written or oral and all contemporaneous oral agreements, understandings and negotiations with respect to the subject matter hereof and supersedes all other prior and contemporaneous agreements and undertakings, both written and oral, among the parties hereto with regard to the subject matter hereof. This Neither this Agreement nor any term hereof may not be amended or modified unless in writing except pursuant to a written instrument executed by all of the parties heretoCompany and the Agents, and no condition herein (express or implied) may be waived unless waived in writing by each party whom the condition is meant to benefit. In the event that any one or more of the provisions contained herein, or the application thereof in any circumstance, is held invalid, illegal or unenforceable as written by a court of competent jurisdiction, then such provision shall be given full force and effect to the fullest possible extent that it is valid, legal and enforceable, and the remainder of the terms and provisions herein shall be construed as if such invalid, illegal or unenforceable term or provision was not contained herein, but only to the extent that giving effect to such provision and the remainder of the terms and provisions hereof shall be in accordance with the intent of the parties as reflected in this Agreement.

Entire Agreement; Amendment; Severability. This Agreement (including all schedules and exhibits attached hereto and Placement Notices issued pursuant hereto and not declined by R▇▇▇▇▇▇ J▇▇▇▇) hereto), together with any Terms Agreement, constitutes the entire agreement of the parties to this Agreement and supersedes all other prior and contemporaneous agreements and undertakings, both written or oral and all contemporaneous oral agreementsoral, understandings and negotiations among the parties hereto with respect regard to the subject matter hereof. This Agreement Neither this Agreement, nor any Terms Agreement, nor any term hereof may not be amended or modified unless in writing except pursuant to a written instrument executed by all of the parties heretoCompany and Cowen; provided, and no condition herein (express or implied) however, that Schedule 2 attached hereto may be waived unless waived in writing amended by each either party whom upon written notice to the condition is meant to benefitother party. In the event that any one or more of the provisions contained herein, or the application thereof in any circumstance, is held invalid, illegal or unenforceable as written by a court of competent jurisdiction, then such provision shall be given full force and effect to the fullest possible extent that it is valid, legal and enforceable, and the remainder of the terms and provisions herein shall be construed as if such invalid, illegal or unenforceable term or provision was not contained herein, but only to the extent that giving effect to such provision and the remainder of the terms and provisions hereof shall be in accordance with the intent of the parties as reflected in this Agreement and any Terms Agreement.

Entire Agreement; Amendment; Severability. This Agreement (Agreement, including all schedules and exhibits attached hereto hereto, any written agreements entered into between the Company and FBR in connection with the execution of this Agreement and any Placement Notices issued pursuant hereto and not declined by R▇▇▇▇▇▇ J▇▇▇▇) constitutes hereto, constitute the entire agreement of the parties to this Agreement and supersedes all prior written or oral and all contemporaneous oral agreements, understandings and negotiations with respect to the subject matter hereof and supersede all other prior and contemporaneous agreements and undertakings, both written and oral, among the parties hereto with regard to the subject matter hereof. This Neither this Agreement nor any term hereof may not be amended or modified unless in writing except pursuant to a written instrument executed by all of the parties hereto, Company and no condition herein (express or implied) may be waived unless waived in writing by each party whom the condition is meant to benefitFBR. In the event that any one or more of the provisions contained herein, or the application thereof in any circumstance, is held invalid, illegal or unenforceable as written by a court of competent jurisdiction, then such provision shall be given full force and effect to the fullest possible extent that it is valid, legal and enforceable, and the remainder of the terms and provisions herein shall be construed as if such invalid, illegal or unenforceable term or provision was not contained herein, but only to the extent that giving effect to such provision and the remainder of the terms and provisions hereof shall be in accordance with the intent of the parties as reflected in this Agreement.

Entire Agreement; Amendment; Severability. This Agreement (including all schedules and exhibits attached hereto and Placement Notices issued pursuant hereto and not declined by R▇▇▇▇▇▇ J▇▇▇▇hereto) constitutes the entire agreement of the parties to this Agreement and supersedes all other prior and contemporaneous agreements and undertakings, both written or oral and all contemporaneous oral agreementsoral, understandings and negotiations among the parties hereto with respect regard to the subject matter hereof. This Neither this Agreement nor any term hereof may not be amended or modified unless in writing except pursuant to a written instrument executed by all of the parties heretoCompany and ▇▇ ▇▇▇▇▇; provided, and no condition herein (express or implied) may be waived unless waived in writing by that each party whom hereto may amend the condition is meant list of individuals appearing under such party’s name on Schedule 2 by giving notice to benefitthe other party hereto. In the event that any one or more of the provisions contained herein, or the application thereof in any circumstance, is held invalid, illegal or unenforceable as written by a court of competent jurisdiction, then such provision shall be given full force and effect to the fullest possible extent that it is valid, legal and enforceable, and the remainder of the terms and provisions herein shall be construed as if such invalid, illegal or unenforceable term or provision was not contained herein, but only to the extent that giving effect to such provision and the remainder of the terms and provisions hereof shall be in accordance with the intent of the parties as reflected in this Agreement.