Enforceability; Severability. The parties hereto agree that each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable law. If one or more provisions of this Agreement are nevertheless held to be prohibited, invalid or unenforceable under applicable law, such provision will be effective to the fullest extent possible excluding the terms affected by such prohibition, invalidity or unenforceability, without invalidating the remainder of such provision or the remaining provisions of this Agreement. If the prohibition, invalidity or unenforceability referred to in the prior sentence requires such provision to be excluded from this Agreement in its entirety, the balance of the Agreement will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms.
Appears in 15 contracts
Sources: Credit Agreement (Ladenburg Thalmann Financial Services Inc.), Credit and Security Agreement (Long Island Iced Tea Corp.), Voting and Conversion Agreement (Applied Nanotech Holdings, Inc)
Enforceability; Severability. The parties hereto agree that each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable lawLaw. If one or more provisions of this Agreement are nevertheless held to be prohibited, invalid or unenforceable under applicable lawLaw, such provision will be effective to the fullest extent possible excluding the terms affected by such prohibition, invalidity or unenforceability, without invalidating the remainder of such provision or the remaining provisions of this Agreement. If the prohibition, invalidity or unenforceability referred to in the prior sentence requires such provision to be excluded from this Agreement in its entirety, the balance of the Agreement will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms.
Appears in 14 contracts
Sources: Merger Agreement, Merger Agreement (Interlink Plus, Inc.), Merger Agreement
Enforceability; Severability. The parties hereto agree that each provision of this Agreement will shall be interpreted in such a manner as to be effective and valid under applicable law. If one or more provisions any provision of this Agreement are nevertheless shall nonetheless be held to be prohibited, prohibited by or invalid or unenforceable under applicable law, such provision will shall be effective only to the fullest extent possible excluding the terms affected by of such prohibition, invalidity prohibition or unenforceabilityinvalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. If the prohibition, invalidity or unenforceability referred to in the prior sentence requires such provision to be excluded from this Agreement in its entirety, the balance of the Agreement will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms.
Appears in 9 contracts
Sources: Investor Rights Agreement (Montage Technology Group LTD), Investor Rights Agreement (Montage Technology Group LTD), Registration Rights Agreement (Accentia Biopharmaceuticals Inc)
Enforceability; Severability. The parties hereto agree that each provision of this Agreement will shall be interpreted in such a manner as to be effective and valid under applicable law. If one or more provisions any provision of this Agreement are shall nevertheless be held to be prohibited, prohibited by or invalid or unenforceable under applicable law, (a) such provision will shall be effective invalid only to the fullest extent possible excluding the terms affected by of such prohibition, invalidity prohibition or unenforceabilityinvalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. If , and (b) the prohibitionparties shall, invalidity or unenforceability referred to in the prior sentence requires such provision to be excluded from extent permissible by applicable law, amend this Agreement in its entirety, so as to make effective and enforceable the balance intent of the Agreement will be interpreted as if such provision were so excluded and will be enforceable in accordance with its termsthis Agreement.
Appears in 8 contracts
Sources: Series D Preferred Stock Purchase Agreement, Governance Agreement (Solar Power, Inc.), Governance Agreement (Solar Power, Inc.)
Enforceability; Severability. The parties hereto agree that each provision of this Agreement will shall be interpreted in such a manner as to be effective and valid under applicable law. If one or more provisions of this Agreement are nevertheless held to be prohibited, invalid or unenforceable under applicable law, (a) such provision will shall be effective ineffective only to the fullest extent possible excluding the terms affected by of such prohibition, invalidity prohibition or unenforceabilityinvalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. If the prohibition, invalidity or unenforceability referred to in the prior sentence requires such provision to be excluded from this Agreement in its entirety, and (b) the balance of the Agreement will shall be interpreted as if such provision were so excluded modified and will shall be enforceable in accordance with its terms.
Appears in 3 contracts
Sources: Secured Note and Warrant Purchase Agreement (Skye Bioscience, Inc.), Independent Contractor Services Agreement (Adicet Bio, Inc.), Independent Contractor Services Agreement (resTORbio, Inc.)
Enforceability; Severability. The parties hereto agree that each provision of this Agreement will shall be interpreted in such a manner as to be effective and valid under applicable law. If one or more provisions any provision of this Agreement are shall nevertheless be held to be prohibited, prohibited by or invalid or unenforceable under applicable law, (a) such provision will shall be effective only to the fullest extent possible excluding the terms affected by of such prohibition, invalidity prohibition or unenforceabilityinvalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. If , and (b) the prohibitionparties shall, invalidity or unenforceability referred to in the prior sentence requires such provision extent permissible by applicable law, amend this Agreement, so as to be excluded from make effective and enforceable the intent of this Agreement in its entirety, the balance of the Agreement will be interpreted as if such provision were so excluded and will be enforceable in accordance with its termsAgreement.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Sino Gas International Holdings, Inc.), Voting Agreement (FriendFinder Networks Inc.), Voting Agreement (Sino Gas International Holdings, Inc.)
Enforceability; Severability. The parties hereto agree that each provision of this Agreement will shall be interpreted in such a manner as to be effective and valid under applicable law. If one or more provisions any provision of this Agreement are nevertheless shall nonetheless be held to be prohibited, prohibited by or invalid or unenforceable under applicable law, such provision will shall be effective ineffective only to the fullest extent possible excluding the terms affected by of such prohibition, invalidity prohibition or unenforceabilityinvalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. If the prohibition, invalidity or unenforceability referred to in the prior sentence requires such provision to be excluded from this Agreement in its entirety, the balance of the Agreement will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms.
Appears in 3 contracts
Sources: Investor Rights Agreement (Casey Rebecca Powell), Investor Rights Agreement (Harolds Stores Inc), Investor Rights Agreement (Inter Him Nv)
Enforceability; Severability. The parties hereto agree that each provision of this Agreement will shall be interpreted in such a manner as to be effective and valid under applicable law. If one or more provisions any provision of this Agreement are shall nevertheless be held to be prohibited, prohibited by or invalid or unenforceable under applicable law, (a) such provision will shall be effective invalid only to the fullest extent possible excluding the terms affected by of such prohibition, invalidity prohibition or unenforceabilityinvalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. If Agreement and (b) the prohibitionparties shall, invalidity or unenforceability referred to in the prior sentence requires such provision to be excluded from extent permissible by applicable law, amend this Agreement in its entirety, so as to make effective and enforceable the balance intent of the Agreement will be interpreted as if such provision were so excluded and will be enforceable in accordance with its termsthis Agreement.
Appears in 2 contracts
Sources: Registration Rights Agreement (Overland Storage Inc), Voting Agreement (Overland Storage Inc)
Enforceability; Severability. The parties hereto agree that each provision of this Agreement will shall be interpreted in such a manner as to be effective effective, valid and valid enforceable to the fullest extent permitted under applicable law. If one or more provisions any provision of this Agreement are nevertheless shall nonetheless be held to be prohibited, prohibited by or invalid or unenforceable under applicable law, such provision will shall be effective only to the fullest extent possible excluding the terms affected by of such prohibition, invalidity prohibition or unenforceabilityinvalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. If the prohibition, invalidity or unenforceability referred to in the prior sentence requires such provision to be excluded from this Agreement in its entirety, the balance of the Agreement will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms.
Appears in 2 contracts
Sources: Investor Rights Agreement (Canadian Imperial Bank of Commerce /Can/), Investor Rights Agreement (Global Payments Inc)
Enforceability; Severability. The parties hereto agree that each provision of this Agreement will shall be interpreted in such a manner as to be effective and valid under applicable law. If one or more provisions any provision of this Agreement are nevertheless shall nonetheless be held to be prohibited, prohibited by or invalid or unenforceable under applicable law, such provision will shall be effective only to the fullest extent possible excluding the terms affected by of such prohibition, prohibition or invalidity or unenforceabilitylack of enforceability, without invalidating the remainder of such provision or the remaining provisions of this Agreement. If the prohibition, invalidity or unenforceability referred to in the prior sentence requires and such provision to shall be excluded from this Agreement in its entirety, the balance of the Agreement reformed and construed so that it will be interpreted as if such provision were so excluded legal, valid, and will be enforceable in accordance with its termsto the maximum extent permitted by law.
Appears in 1 contract
Sources: Registration Rights Agreement (Monolithic Power Systems Inc)
Enforceability; Severability. The parties Parties hereto agree that each provision of this Agreement will be interpreted in such a manner as to be effective and valid under applicable lawLaw. If one or more provisions of this Agreement are nevertheless held to be prohibited, invalid or unenforceable under applicable lawLaw, such provision will be effective to the fullest extent possible excluding the terms affected by such prohibition, invalidity or unenforceability, without invalidating the remainder of such provision or the remaining provisions of this Agreement. If the prohibition, invalidity or unenforceability referred to in the prior sentence requires such provision to be excluded from this Agreement in its entirety, the balance of the Agreement will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms.
Appears in 1 contract