Modification and Severability. If a court of competent jurisdiction declares that any provision of this Agreement is illegal, invalid or unenforceable, then such provision shall be modified automatically to the extent necessary to make such provision fully legal, valid or enforceable. If such court does not modify any such provision as contemplated herein, but instead declares it to be wholly illegal, invalid or unenforceable, then such provision shall be severed from this Agreement, this Agreement and the rights and obligations of the parties hereto shall be construed as if this Agreement did not contain such severed provision, and this Agreement otherwise shall remain in full force and effect.
Appears in 11 contracts
Samples: Stockholders Agreement (Panolam Industries International Inc), Registration Rights Agreement (NACG Holdings Inc.), Voting and Corporate Governance Agreement (NACG Holdings Inc.)
Modification and Severability. If a court of competent jurisdiction declares that any provision of this Agreement is illegal, invalid or unenforceable, then such provision shall be modified automatically to the extent necessary to make such provision fully legal, valid or enforceableenforce able. If such court does not modify any such provision as contemplated herein, but instead declares it to be wholly illegal, invalid or unenforceable, then such provision shall be severed from this Agreement, this Agreement and the rights and obligations of the parties hereto shall be construed as if this Agreement did not contain such severed provision, and this Agreement otherwise shall remain in full force and effect.
Appears in 9 contracts
Samples: Indemnity Agreement (Landcare Usa Inc), Indemnity Agreement (Kinder Morgan Inc), Indemnity Agreement (Comfort Systems Usa Inc)
Modification and Severability. If a court of competent jurisdiction declares that any provision of this Agreement is illegal, invalid or unenforceable, then such provision shall be modified automatically to the extent necessary to make such provision fully legal, valid or enforceable. If such court does not modify any such provision as contemplated herein, but instead declares it to be wholly illegal, invalid or unenforceable, then such provision shall be severed from this Agreement, this Agreement and the rights and obligations of the parties hereto shall be construed as if this Agreement did not contain such severed provision, and this Agreement otherwise shall remain in full force and effect.
Appears in 6 contracts
Samples: Registration Rights Agreement (Ferrellgas Partners L P), Registration Rights Agreement (Blue Rhino Corp), Registration Rights Agreement (Blue Rhino Corp)
Modification and Severability. If a court of competent jurisdiction declares that any provision of this Agreement is illegal, invalid or unenforceable, then such provision shall be modified automatically to the extent necessary to make such provision fully legal, valid or enforceable. If such court does not modify any such provision as contemplated herein, but instead declares it to be wholly illegal, invalid or unenforceable, then such provision shall be severed from this Agreement, this Agreement and the rights and obligations of the parties hereto shall be construed as if this Agreement did not contain such severed provision, and this Agreement otherwise shall remain in full force and effect.
Appears in 3 contracts
Samples: Separation Agreement (SCB Computer Technology Inc), Separation and Consulting Agreement (SCB Computer Technology Inc), Transitional Support Services Agreement (SCB Computer Technology Inc)
Modification and Severability. If a court of competent jurisdiction declares that any provision of this Agreement is illegal, invalid invalid, or unenforceable, then such provision shall be modified automatically to the extent necessary to make such provision fully legal, valid valid, or enforceable. If such the court does not modify any such provision as contemplated herein, but instead declares it to be wholly illegal, invalid invalid, or unenforceable, then such provision shall be severed from this Agreement, this Agreement and the rights and obligations of the parties hereto shall be construed as if this Agreement did not contain such severed provision, and this Agreement otherwise shall remain in full force and effect.
Appears in 3 contracts
Samples: Employment Agreement (SCB Computer Technology Inc), Purchase and Sale Agreement (SCB Computer Technology Inc), Asset Purchase Agreement (SCB Computer Technology Inc)
Modification and Severability. If a court of competent jurisdiction declares that any provision of this Agreement is illegal, invalid or unenforceable, then such provision shall be modified automatically to the extent necessary to make such provision fully legal, valid or enforceable. If such court does not modify any such provision as contemplated herein, but instead declares it to be wholly illegal, invalid or unenforceable, then such provision shall be severed from this Agreement, this Agreement and the rights and obligations of the parties hereto Parties shall be construed as if this Agreement did not contain such severed provision, and this Agreement otherwise shall remain in full force and effect.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Eon Communications Corp), Agreement and Plan of Merger (Eon Communications Corp), Agreement and Plan of Merger and Reorganization (Graphon Corp/De)
Modification and Severability. If a court of competent ------------------------------- jurisdiction declares that any provision of this Agreement is illegal, invalid or unenforceable, then such provision shall be modified automatically to the extent necessary to make such provision fully legal, valid or enforceable. If such court does not modify any such provision as contemplated herein, but instead declares it to be wholly illegal, invalid or unenforceable, then such provision shall be severed from this Agreement, this Agreement and the rights and obligations of the parties hereto Parties shall be construed as if this Agreement did not contain such severed provision, and this Agreement otherwise shall remain in full force and effect.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Racing Champions Corp)
Modification and Severability. If a an arbitration tribunal or court of competent jurisdiction declares that any provision of this Agreement is illegal, invalid or unenforceable, then such provision shall be modified automatically to the extent necessary to make such provision fully legal, valid or and enforceable. If such arbitration tribunal or court does not modify any such provision as contemplated herein, but instead declares it to be wholly illegal, invalid or unenforceable, then such provision shall be severed from this Agreement, and this Agreement Agreement, and the rights and obligations of the parties hereto hereto, shall be construed as if this Agreement did not contain such severed provision, and this Agreement otherwise shall remain in full force and effect.
Appears in 1 contract
Samples: Agreement (Arcadian Corp)
Modification and Severability. If a court of competent jurisdiction declares that any provision of this Agreement is illegal, invalid or unenforceable, then such provision shall be modified automatically to the extent necessary to make such provision fully legal, valid or enforceable. If such court does not modify any such provision as contemplated herein, but instead declares it to be wholly illegal, invalid or unenforceable, then such provision shall be severed from this Agreement, this Agreement and the rights and obligations of the parties Parties hereto shall be construed as if this Agreement did not contain such severed provision, and this Agreement otherwise shall remain in full force and effect.
Appears in 1 contract
