Common use of Severability; Etc Clause in Contracts

Severability; Etc. If any term, provision, covenant, or restriction contained in this Agreement is held by a court or a federal or state regulatory agency of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the terms, provisions, covenants, and restrictions contained in this Agreement shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated. If for any reason a court or regulatory agency determines that Holder is not permitted to acquire, or Issuer is not permitted to repurchase pursuant to Section 9, any portion of the Option or the full number of shares of Common Stock provided in Section l(a) hereof (as adjusted pursuant Section 1(b) and 7 hereof), it is the express intention of the parties to allow Holder to acquire or to require Issuer to repurchase such lesser portion of the Option or number of shares as may be permissible, without any amendment or modification of this Agreement.

Appears in 8 contracts

Samples: Stock Option Agreement (American Stores Co /New/), Stock Option Agreement (Albertsons Inc /De/), Stock Option Agreement (Albertsons Inc /De/)

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Severability; Etc. If any term, provision, covenant, or restriction contained in this Agreement is held by a court or a federal or state regulatory agency of competent compe tent jurisdiction to be invalid, void, or unenforceable, the remainder of the terms, provisions, covenants, and restrictions restric tions contained in this Agreement shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated. If for any reason a such court or regulatory agency determines that the Holder is not permitted to acquire, or Issuer is not permitted to repurchase pursuant to Section 9, any portion of the Option or the full number of shares of Common Stock provided in Section l(a1(a) hereof (as adjusted pursuant Section to Sections 1(b) and 7 hereof), it is the express intention of the parties Issuer to allow the Holder to acquire or to require Issuer to repurchase such lesser portion of the Option or number of shares as may be permissible, without any amendment or modification of this Agreementhereof.

Appears in 6 contracts

Samples: Stock Option Agreement (SBC Communications Inc), Agreement and Plan of Merger (Southern New England Telephone Co), Agreement and Plan of Merger (SBC Communications Inc)

Severability; Etc. If any term, provision, covenant, or restriction contained in this Agreement is held by a court or a federal or state regulatory agency of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the terms, provisions, covenants, and restrictions contained in this Agreement shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated. If for any reason a court or regulatory agency determines that Holder is not permitted to acquire, or Issuer is not permitted to repurchase pursuant to Section 9, any portion of the Option or the full number of shares of Common Stock provided in Section l(a) hereof (as adjusted pursuant Section 1(b) and 7 hereof7), it is the express intention of the parties to allow Holder to acquire or to require Issuer to repurchase such lesser portion of the Option or number of shares as may be permissible, without any amendment or modification of this Agreement.

Appears in 2 contracts

Samples: Stock Option Agreement (Fred Meyer Inc), Stock Option Agreement (Fred Meyer Inc)

Severability; Etc. If any term, provision, covenant, or restriction contained in this Agreement is held by a court or a federal or state regulatory agency of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the terms, provisions, covenants, and restrictions contained in this Agreement shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated. If for any reason a court or regulatory agency determines that Holder is not permitted to acquire, or Issuer is not permitted to repurchase pursuant to Section 9, any portion of the Option or the full number of shares of Common Stock provided in Section l(a) hereof (as adjusted pursuant Section to Sections 1(b) and 7 hereof7), it is the express intention of the parties to allow Holder to acquire or to require Issuer to repurchase such lesser portion of the Option or number of shares as may be permissible, without any amendment or modification of this Agreement.

Appears in 2 contracts

Samples: Stock Option Agreement (Kroger Co), Stock Option Agreement (Kroger Co)

Severability; Etc. If any term, provision, covenant, or ------------------ restriction contained in this Agreement is held by a court or a federal or state regulatory agency of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the terms, provisions, covenants, and restrictions contained in this Agreement shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated. If for any reason a such court or regulatory agency determines that Holder Grantee is not permitted to acquireacquire pursuant to Section 2, or Issuer is not permitted to repurchase pursuant to Section 9, any portion of the Option or the full number of shares of Common Stock Option Shares provided in Section l(a1(a) hereof (as adjusted pursuant Section to Sections 1(b) and 7 hereof), it is the express intention of the parties Issuer to allow Holder Grantee to acquire or to require Issuer to repurchase such lesser portion of the Option or number of shares as may be permissible, without any amendment or modification of this Agreementhereof.

Appears in 2 contracts

Samples: Stock Option Agreement (Rental Service Corp), Stock Option Agreement (Nationsrent Inc)

Severability; Etc. If any term, provision, covenant, or ------------------ restriction contained in this Agreement is held by a court or a federal or state regulatory agency of competent compe tent jurisdiction to be invalid, void, or unenforceable, the remainder of the terms, provisions, covenants, and restrictions restric tions contained in this Agreement shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated. If for any reason a such court or regulatory agency determines that Holder Grantee is not permitted to acquireacquire pursuant to Section 2, or Issuer is not permitted to repurchase pursuant to Section 9, any portion of the Option or the full number of shares of Common Stock Option Shares provided in Section l(a1(a) hereof (as adjusted pursuant Section to Sections 1(b) and 7 hereof), it is the express intention of the parties Issuer to allow Holder Grantee to acquire or to require Issuer to repurchase such lesser portion of the Option or number of shares as may be permissible, without any amendment or modification of this Agreementhereof.

Appears in 1 contract

Samples: Stock Option Agreement (Nationsrent Inc)

Severability; Etc. If any term, provision, covenant, or restriction contained in this Agreement is held by a court or a federal or state regulatory agency of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the terms, provisions, covenants, and restrictions restric- tions contained in this Agreement shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated. If for any reason a such court or regulatory agency determines that Holder Grantee is not permitted to acquire, or Issuer is not permitted to repurchase pursuant to Section 96 or 7, any portion of the Option or the full number of shares of Common Stock provided in Section l(a1(a) hereof (as adjusted pursuant to Section 1(b) and 7 or 4 hereof), it is the express intention of the parties Issuer to allow Holder Grantee to acquire or to require Issuer to repurchase such lesser portion of the Option or number of shares as may be permissible, without any amendment or modification of this Agreementhereof.

Appears in 1 contract

Samples: Stock Option Agreement (Allegheny Power System Inc)

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Severability; Etc. If any term, provision, covenant, or restriction contained in this Agreement is held by a court or a federal or state regulatory agency of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the terms, provisions, covenants, and restrictions contained in this Agreement shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated. If for any reason a such court or regulatory agency determines that Holder Grantee is not permitted to acquireacquire pursuant to Section 2, or Issuer is not permitted to repurchase pursuant to Section 9Section9, any portion of the Option or the full number of shares of Common Stock Option Shares provided in Section l(a1(a) hereof (as adjusted pursuant Section to Sections 1(b) and 7 hereof), it is the express intention of the parties Issuer to allow Holder Grantee to acquire or to require Issuer to repurchase such lesser portion of the Option or number of shares as may be permissible, without any amendment or modification of this Agreementhereof.

Appears in 1 contract

Samples: Stock Option Agreement (Amoco Corp)

Severability; Etc. If any term, provision, covenant, or ----------------- restriction contained in this Agreement is held by a court or a federal or state regulatory agency of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the terms, provisions, covenants, and restrictions contained in this Agreement shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated. If for any reason a court or regulatory agency determines that Holder is not permitted to acquire, or Issuer is not permitted to repurchase pursuant to Section 98, any portion of the Option or the full number of shares of Common Stock provided in Section l(a) hereof l (as adjusted pursuant Section 1(b) and 7 hereof7), it is the express intention of the parties to allow Holder to acquire or to require Issuer to repurchase such lesser portion of the Option or number of shares as may be permissible, without any amendment or modification of this Agreement.

Appears in 1 contract

Samples: Stock Option Agreement (Microcide Pharmaceuticals Inc)

Severability; Etc. If any term, provision, covenant, or ----------------- restriction contained in this Agreement is held by a court or a federal or state regulatory agency of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the terms, provisions, covenants, and restrictions contained in this Agreement shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated. If for any reason a court or regulatory agency determines that Holder Grantee is not permitted to acquire, or Issuer is not permitted to repurchase pursuant to Section 9, any portion of the Option or the full number of shares of Common Stock provided in Section l(a) hereof 1 (as adjusted pursuant Section 1(b) 1 and 7 hereof7), it is the express intention of the parties to allow Holder Grantee to acquire or to require Issuer to repurchase such lesser portion of the Option or number of shares as may be permissible, without any amendment or modification of this Agreement.

Appears in 1 contract

Samples: Stock Option Agreement (Blue Wave Systems Inc)

Severability; Etc. If any term, provision, covenant, or restriction ------------------ contained in this Agreement is held by a court or a federal or state regulatory agency of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the terms, provisions, covenants, and restrictions contained in this Agreement shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated. If for any reason a court or regulatory agency determines that Holder is not permitted to acquire, or Issuer is not permitted to repurchase pursuant to Section 98, any portion of the Option or the full number of shares of Common Stock provided in Section l(a) hereof l (as adjusted pursuant Section 1(b) and 7 hereof7), it is the express intention of the parties to allow Holder to acquire or to require Issuer to repurchase such lesser portion of the Option or number of shares as may be permissible, without any amendment or modification of this Agreement.

Appears in 1 contract

Samples: Stock Option Agreement (Microcide Pharmaceuticals Inc)

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