Severability; Blue Pencil. If any term of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal or incapable of being enforced, then all other terms of this Agreement will nevertheless remain in full force and effect, and such term automatically will be amended so that it is valid, legal and enforceable to the maximum extent permitted by Applicable Law, but as close to the Parties’ original intent as is permissible.
Appears in 5 contracts
Samples: Amended and Restated Agreement and Plan of Merger (NewAge, Inc.), Agreement and Plan of Merger (New Age Beverages Corp), Business Combination Agreement (APi Group Corp)
Severability; Blue Pencil. If any term of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal or incapable of being enforced, then all other terms of this Agreement will nevertheless remain in full force and effect, and such term is automatically will be amended so that it is valid, legal and enforceable to the maximum extent permitted by Applicable Law, but as close to the Parties’ original intent as is permissiblepossible.
Appears in 2 contracts
Samples: Sponsor Support Agreement (PARTS iD, Inc.), Sponsor Support Agreement (Legacy Acquisition Corp.)
Severability; Blue Pencil. If any term of this Agreement is determined by a an arbitrator pursuant to Section 9.6 or court of competent jurisdiction to be invalid, illegal or incapable of being enforcedenforced (including any term in Section 5.9), then all other terms of this Agreement will nevertheless remain in full force and effect, and such term automatically will be amended so that it is valid, legal and enforceable to the maximum extent permitted by Applicable Law, but as close to the Parties’ original intent as is permissible.
Appears in 1 contract
