Common use of Severability and Construction Clause in Contracts

Severability and Construction. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect if essential terms and conditions of this Agreement for each Party remain valid, binding, and enforceable.

Appears in 97 contracts

Samples: Plan Support Agreement (Energy Future Holdings Corp /TX/), Plan Support Agreement (Exide Technologies), Restructuring Support Agreement (California Resources Corp)

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Severability and Construction. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions shall remain in full force and effect if essential terms and conditions effect. Upon any such determination of invalidity, the Parties shall negotiate in good faith to modify this Agreement for each Party remain valid, binding, and enforceableso as to effect the original intent of the Parties as closely as possible in a reasonably acceptable manner in order that the transactions contemplated hereby are consummated as originally contemplated to the greatest extent possible.

Appears in 17 contracts

Samples: Coordination Agreement (Oaktree Capital Management Lp), Coordination Agreement (Newtyn Management, LLC), Plan Support Agreement (Oaktree Capital Management Lp)

Severability and Construction. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, invalid or unenforceable, the remaining provisions shall remain in full force and effect if the essential terms and conditions of this Agreement for each Party remain valid, binding, and enforceable.

Appears in 5 contracts

Samples: Settlement Agreement, Settlement Agreement, Demand Guarantee Facility Agreement (Ultrapetrol Bahamas LTD)

Severability and Construction. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect if essential terms and conditions of this Agreement for each Party party remain valid, binding, and enforceable.

Appears in 4 contracts

Samples: Subscription Agreement (5E Advanced Materials, Inc.), Subscription Agreement (5E Advanced Materials, Inc.), Subscription Agreement (5E Advanced Materials, Inc.)

Severability and Construction. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect if the essential terms and conditions of this Agreement for each Party remain valid, binding, and enforceable.

Appears in 3 contracts

Samples: Intercreditor Agreement (Carvana Co.), Transfer Agreement (Gastar Exploration Inc.), Intercreditor Agreement (Gastar Exploration Inc.)

Severability and Construction. If any provision of this Agreement shall be is held by a court of competent jurisdiction to be illegal, invalid, or unenforceableunenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect if essential terms and conditions of this Agreement for each Party remain valid, binding, and enforceablemay be enforced to the fullest extent permitted by law.

Appears in 2 contracts

Samples: License Agreement, Agreement Re Dismissal

Severability and Construction. If any provision of this Agreement AGREEMENT shall be held by a court of competent jurisdiction to be illegal, invalid, invalid or unenforceable, the remaining provisions shall remain in full force and effect if the essential terms and conditions of this Agreement AGREEMENT for each Party PARTY remain valid, binding, binding and enforceable.

Appears in 2 contracts

Samples: Settlement Agreement, Settlement Agreement

Severability and Construction. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect if essential effect. This Agreement has been negotiated by the Parties and their respective counsel and shall be interpreted fairly in accordance with its terms and conditions without any strict construction in favor of this Agreement for each Party remain valid, binding, and enforceableor against any Party.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Rodedawg International Industries, Inc.), Share Purchase Agreement (Rodedawg International Industries, Inc.)

Severability and Construction. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect if essential terms and conditions of this Agreement for each Party remain valid, binding, and enforceable. 16.17.

Appears in 2 contracts

Samples: Support Agreement (Windstream Services, LLC), Windstream Services, LLC

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Severability and Construction. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect if essential terms and conditions of this Agreement for each Party remain valid, binding, and enforceable.and... 14.15

Appears in 2 contracts

Samples: Collateral Agreement, Backstop Commitment Agreement

Severability and Construction. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect if essential terms and conditions of this Agreement for each Party remain valid, binding, and enforceable.

Appears in 1 contract

Samples: Restructuring Support Agreement (CBL & Associates Limited Partnership)

Severability and Construction. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect if essential terms and conditions of this Agreement for each Party remain valid, binding, and enforceable.. EXECUTION VERSION

Appears in 1 contract

Samples: Transaction Support Agreement (Ferrellgas Partners Finance Corp)

Severability and Construction. If any provision of this Amended Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions shall remain in full force and effect. Upon any such determination of invalidity, the Parties shall negotiate in good faith to modify this Amended Agreement so as to effect if essential terms and conditions the original intent of this Agreement for each Party remain valid, binding, and enforceablethe Parties as closely as possible in a reasonably acceptable manner in order that the transactions contemplated hereby are consummated as originally contemplated to the greatest extent possible.

Appears in 1 contract

Samples: Restructuring Support Agreement (Breitburn Energy Partners LP)

Severability and Construction. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect if essential terms and conditions of this Agreement for each Party remain valid, binding, and enforceable. 16.18.

Appears in 1 contract

Samples: Cyxtera Technologies, Inc.

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