Common use of Separability Clause in Contracts

Separability. In case any one or more of the provisions contained in this Indenture or in the Debentures shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Indenture or of the Debentures, but this Indenture and the Debentures shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein or therein.

Appears in 102 contracts

Samples: Indenture (Capitol Trust Xv), Great Southern (Great Southern Capital Trust IV), Indenture (S Y Bancorp Inc)

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Separability. In case any one or more of the provisions contained in this First Supplemental Indenture or in the Debentures shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this First Supplemental Indenture or of the Debentures, but this First Supplemental Indenture and the Debentures shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein or therein.

Appears in 66 contracts

Samples: Indenture (Popular Inc), First Supplemental Indenture (Superior Bancorp), First Supplemental Indenture (Laclede Capital Trust I)

Separability. In case any one or more of the provisions contained in this Indenture or in the Debentures shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Indenture or of the such Debentures, but this Indenture and the such Debentures shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein or therein.

Appears in 57 contracts

Samples: Indenture (ACA Capital Holdings Inc), Indenture (MortgageIT Holdings, Inc.), Tib Financial Corp.

Separability. In case any one or more of the provisions ------------ contained in this Indenture or in the Debentures shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Indenture or of the such Debentures, but this Indenture and the such Debentures shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein or therein.

Appears in 13 contracts

Samples: Indenture (First Banks, Inc), Indenture (Gateway Bancshares Inc /Ga/), Indenture (New South Bancshares Inc)

Separability. In case any one or more of the provisions ------------ contained in this Indenture or in the Debentures shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Indenture or of the Debentures, but this Indenture and the Debentures shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein or therein.

Appears in 3 contracts

Samples: Ctbi Preferred Capital Trust Ii, Abc Bancorp Capital Trust I, Abc Bancorp Capital Trust I

Separability. In case any one or more of the provisions contained in this Indenture or in the Debentures of any series shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Indenture or of the such Debentures, but this Indenture and the such Debentures shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein or therein.

Appears in 2 contracts

Samples: Indenture (Seitel Capital Trust Ii), Centex Trust Ii

Separability. In case any one or more of the provisions contained in this Indenture or in the Debentures shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this 42 Indenture or of the such Debentures, but this Indenture and the such Debentures shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein or therein.

Appears in 2 contracts

Samples: Indenture (Procentury Corp), Indenture (Penn America Group Inc)

Separability. In case any one or more of the provisions contained in this Indenture or in the Debentures shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Indenture or of the Debentures, but this Indenture and the he Debentures shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein or therein.

Appears in 2 contracts

Samples: Peoples Bancshares Inc, Peoples Bancshares Inc

Separability. In case any one or more of the provisions contained in this [ ] Supplemental Indenture or in the Debentures shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this [ ] Supplemental Indenture or of the Debentures, but this [ ] Supplemental Indenture and the Debentures shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein or therein.

Appears in 2 contracts

Samples: Indenture (Fleet Capital Trust Ix), Citicorp

Separability. In case any one or more of the provisions contained in this Indenture or in the Subordinated Debentures shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Indenture or of the Subordinated Debentures, but this Indenture and the Subordinated Debentures shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein or therein.

Appears in 2 contracts

Samples: Ozark Capital Trust, Bank of the Ozarks Inc

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Separability. In case any one or more of the provisions ------------ contained in this Indenture or in the Debentures shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Indenture or of the such Debentures, but this Indenture and the such Debentures shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein or therein. SECTION 14.10.

Appears in 2 contracts

Samples: Indenture (Intervest Bancshares Corp), Indenture (Intervest Bancshares Corp)

Separability. In case any one or more of the provisions contained in this _____ Supplemental Indenture or in the Debentures shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this _____ Supplemental Indenture or of the Debentures, but this _____ Supplemental Indenture and the Debentures shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein or therein.

Appears in 2 contracts

Samples: Supplemental Indenture (Suntrust Capital Iv), Suntrust Banks Inc

Separability. In case any one or more of the provisions contained in this Indenture or in the Debentures shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Indenture or of the Debentures, but this Indenture and the Debentures shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein or therein.the

Appears in 1 contract

Samples: Glacier Capital Trust I

Separability. In case any one or more of the ------------ provisions contained in this Indenture or in the Debentures shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Indenture or of the such Debentures, but this Indenture and the such Debentures shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein or therein.

Appears in 1 contract

Samples: Indenture (First Banks, Inc)

Separability. In case any one or more of the provisions ------------- contained in this Indenture or in the Debentures shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Indenture or of the such Debentures, but this Indenture and the such Debentures shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein or therein.

Appears in 1 contract

Samples: Indenture (Intervest Bancshares Corp)

Separability. In case any one or more of the provisions contained in this ______ Supplemental Indenture or in the Debentures shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this ______ Supplemental Indenture or of the Debentures, but this Second Supplemental Indenture and the Debentures shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein or therein.

Appears in 1 contract

Samples: MCN Financing Iv

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