Provisions Reasonable. It is acknowledged and agreed that:
Provisions Reasonable. You hereby acknowledge and agree that:
Provisions Reasonable. The Debtor acknowledges that the provisions of this Agreement and, in particular, those respecting rights, remedies and powers of the Secured Party and any Receiver against the Debtor, its business and any Collateral upon a Default, are commercially reasonable and not manifestly unreasonable.
Provisions Reasonable. The Debtor expressly acknowledges and agrees that the provisions of this Agreement and, in particular, those respecting remedies and powers of the Collateral Agent against the Debtor, its business and the Collateral upon default, are commercially reasonable and not manifestly unreasonable.
Provisions Reasonable. Each Grantor expressly acknowledges and agrees that the provisions of this Security Agreement and, in particular, those respecting remedies and powers of the Collateral Agent against such Grantor, its business and the Collateral upon default, are commercially reasonable and not manifestly unreasonable.
Provisions Reasonable. The Borrower acknowledges that the provisions of this Agreement and, in particular, those respecting rights, remedies and powers of the Agent, the Investors or any Receiver against the Borrower, its business and any Collateral are commercially reasonable.
Provisions Reasonable. The Company acknowledges that the provisions of this Security Agreement and, in particular, those respecting rights of the Beneficiaries or any Receiver against the Company, its property and any Collateral upon an Actionable Default, are commercially reasonable and not manifestly unreasonable.
Provisions Reasonable. It is acknowledged and agreed that: both before and since the Effective Date Aspreva has operated and competed and will operate and compete in a global market, with respect to the Aspreva Business; competitors of Aspreva are located in countries around the world; in order to protect Aspreva adequately, any enjoinder of competition would have to apply world wide; [comment - may need to adjust depending upon the restriction decided upon in the non-compete provision] during the course of your employment by Aspreva, both before and after the Effective Date, on behalf of Aspreva, you have acquired and will acquire knowledge of, and you have come into contact with, initiated and established relationships with and will come into contact with, initiate and establish relationships with, both existing and new clients, customers, suppliers, principals, contacts and prospects of Aspreva, and that in some circumstances you have been or may well become the senior or sole representative of Aspreva dealing with such persons; You agree that you have read this entire Agreement and understand it. You agree that this Agreement does not prevent you from earning a living or pursuing your career. You agree that the restrictions contained in this Agreement are reasonable, proper, and necessitated by Aspreva’s legitimate business interests. You represent and agree that you am entering into this Agreement freely and with knowledge of its contents with the intent to be bound by the Agreement and the restrictions contained in it; in light of the foregoing, the provisions of this Agreement are reasonable and necessary for the proper protection of the business, property and goodwill of Aspreva; In the event that a court finds this Agreement, or any of its restrictions, to be ambiguous, unenforceable, or invalid, you and Aspreva agree that the court shall read the Agreement as a whole and interpret the restriction(s) at issue to be enforceable and valid to the maximum extent allowed by law; If the court declines to enforce this Agreement in the manner provided in subsection 7(g), you and Aspreva agree that this Agreement will be automatically modified to provide Aspreva with the maximum protection of its business interests allowed by law and you agree to be bound by this Agreement as modified.
Provisions Reasonable. Executive acknowledges that the provisions set forth in Sections 2.1 through 2.4, inclusive, are reasonable and are required for the reasonable protection of Company and its affiliates and further acknowledges that a breach of these provisions may cause damage to Company that cannot be measured or compensated monetarily. Company shall be entitled to injunctive or any other equitable relief deemed appropriate under existing law as well as actual damages and attorneys’ fees as allowed by law.
Provisions Reasonable. It is acknowledged and agreed that: both before and since the Effective Date the Company has operated and competed and will operate and compete in a global market, with respect to the business of the Company set out in Schedule D attached hereto (the “Business"); competitors of the Company and the Business are located in countries around the world; in order to protect the Company adequately, any enjoinder of competition would have to apply world wide; during the course of your employment by the Company, after the Effective Date, on behalf of the Company, you have acquired and will acquire knowledge of, and you have come into contact with, initiated and established relationships with and will come into contact with, initiate and establish relationships with, both existing and new clients, customers, suppliers, principals, contacts and prospects of the Company, and that in some circumstances you have been or may well become the senior or sole representative of the Company dealing with such persons; and in light of the foregoing, the provisions of Section 24 (Restrictive Covenant) below are reasonable and necessary for the proper protection of the business, property and goodwill of the Company and the Business.
