Common use of Modification and Severability Clause in Contracts

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warrant, but this Warrant shall be construed as if such unenforceable provision had never been contained herein.

Appears in 616 contracts

Sources: Share Purchase Agreement (Frontieras North America), Share Purchase Agreement (Global Health Solutions, Inc), Share Purchase Agreement

Modification and Severability. If, in any action before any court or ----------------------------- agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warrant, but this Warrant shall be construed as if such unenforceable provision had never been contained herein.

Appears in 15 contracts

Sources: Warrant Agreement (Vertel Corp), Warrant Agreement (Speedcom Wireless Corp), Warrant Agreement (Sac Capital Advisors LLC)

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this WarrantAgreement, but this Warrant Agreement shall be construed as if such unenforceable provision had never been contained herein.

Appears in 13 contracts

Sources: Warrant Agreement (Post Road Special Opportunity Fund II LP), Warrant Agreement (Digerati Technologies, Inc.), Warrant Agreement (Panache Beverage, Inc.)

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this WarrantOption, but this Warrant Option shall be construed as if such unenforceable provision had never been contained herein.

Appears in 10 contracts

Sources: Option Agreement (Brazil Minerals, Inc.), Option Agreement (Brazil Minerals, Inc.), Option Agreement (Brazil Minerals, Inc.)

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this WarrantDebenture, but this Warrant Debenture shall be construed as if such unenforceable provision had never been contained herein.

Appears in 9 contracts

Sources: Convertible Security Agreement (MamaMancini's Holdings, Inc.), Convertible Security Agreement (Sports Field Holdings, Inc.), Convertible Security Agreement (Wizard World, Inc.)

Modification and Severability. If, in any action before ----------------------------- any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warrant, but this Warrant shall be construed as if such unenforceable provision had never been contained herein.

Appears in 8 contracts

Sources: Warrant Agreement (DentalServ.com), Warrant Agreement (DentalServ.com), Warrant Agreement (DentalServ.com)

Modification and Severability. If, in any action before any court ------------------------------ or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warrant, but this Warrant shall be construed as if such unenforceable provision had never been contained herein.

Appears in 7 contracts

Sources: Warrant Agreement (Hienergy Technologies Inc), Note and Warrant Purchase Agreement (Charys Holding Co Inc), Warrant Agreement (Hienergy Technologies Inc)

Modification and Severability. If, in any action before any court or ------------------------------- agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warrant, but this Warrant shall be construed as if such unenforceable provision had never been contained herein.

Appears in 4 contracts

Sources: Warrant Agreement (Amanda Co Inc), Warrant Agreement (Amanda Co Inc), Warrant Agreement (Imaging Technologies Corp/Ca)

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warrant, but this Warrant shall be construed as if such unenforceable provision had never been contained herein. 18.

Appears in 3 contracts

Sources: Warrant Agreement (Telenetics Corp), Warrant Agreement (Telenetics Corp), Warrant Agreement (Telenetics Corp)

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable durable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this WarrantAgreement, but this Warrant Agreement shall be construed as if such unenforceable provision had never been contained herein.

Appears in 3 contracts

Sources: Warrant Agreement (Pw Eagle Inc), Warrant Agreement (Sentry Technology Corp), Warrant Agreement (NextWave Wireless LLC)

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this WarrantWarrant Certificate, but this Warrant Certificate shall be construed as if such unenforceable provision had never been contained herein.

Appears in 3 contracts

Sources: Credit Facility Agreement (Flux Power Holdings, Inc.), Unit Subscription Agreement (Flux Power Holdings, Inc.), Unit Subscription Agreement (Flux Power Holdings, Inc.)

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this WarrantAmendment, but this Warrant Amendment shall be construed as if such unenforceable provision had never been contained herein.

Appears in 3 contracts

Sources: Registration Rights Agreement (C-Iii Capital Partners LLC), Registration Rights Agreement (Colony Financial, Inc.), Registration Rights Agreement (Grubb & Ellis Co)

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or of agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability unenforceablilty of such provision shall not affect the other provisions of this Warrant, but this Warrant shall be construed as if such unenforceable provision had never been contained herein.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Golden Press Holding LLC), Securities Purchase Agreement (Western Publishing Group Inc)

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this WarrantNote, but this Warrant Note shall be construed as if such unenforceable provision had never been contained herein.

Appears in 2 contracts

Sources: Convertible Security Agreement (Wild Craze, Inc.), Convertible Security Agreement (Wild Craze, Inc.)

Modification and Severability. If, in any action before any court ----------------------------- or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warrant, but this Warrant shall be construed as if such unenforceable provision had never been contained herein.

Appears in 2 contracts

Sources: Warrant Agreement (Fibernet Telecom Group Inc\), Warrant Agreement (Fibernet Telecom Group Inc\)

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warrantherein, but this Warrant Debenture shall be construed as if such unenforceable provision had never been contained herein.

Appears in 2 contracts

Sources: Convertible Security Agreement (Balance Labs, Inc.), Convertible Security Agreement (Axxess Pharma Inc.)

Modification and Severability. If, in any action before any court ------------------------------ or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warrant, but this Warrant shall be construed as if such unenforceable provision had never been contained herein.or

Appears in 1 contract

Sources: Warrant Agreement (Hienergy Technologies Inc)

Modification and Severability. If, in any action before any court or ----------------------------- agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this WarrantAgreement, but this Warrant Agreement shall be construed as if such unenforceable provision had never been contained herein.

Appears in 1 contract

Sources: Warrant Agreement (Friedmans Inc)

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this WarrantNote, but this Warrant Note shall be construed as if such unenforceable provision had never been contained herein.

Appears in 1 contract

Sources: Convertible Security Agreement (Kannalife Inc)

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If if any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this WarrantAgreement, but this Warrant Agreement shall be construed as if such unenforceable provision had never been contained herein.

Appears in 1 contract

Sources: Warrant Agreement (Monitronics International Inc)

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be invalid, illegal or unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warrant, but this Warrant shall be construed as if such unenforceable provision had never been contained hereinherein and shall be conclusively deemed to be severable therefrom.

Appears in 1 contract

Sources: Warrant Agreement (World Energy Solutions, Inc.)

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable unenforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warranthereof, but this Warrant certificate shall be construed as if such unenforceable provision had never been contained herein.

Appears in 1 contract

Sources: Bridge Funding and Amendment Agreement (Mail Com Inc)

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warrantagreement, but this Warrant agreement shall be construed as if such unenforceable provision had never been contained herein.

Appears in 1 contract

Sources: Security Agreement (BioNeutral Group, Inc)

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warrant, but this Warrant shall be construed as if such unenforceable provision had never been been’ contained herein.

Appears in 1 contract

Sources: Credit Agreement (American Apparel, Inc)

Modification and Severability. If, If in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warrant, Warrant but this Warrant shall be construed as if such unenforceable provision had never been contained herein.

Appears in 1 contract

Sources: Warrant Agreement (Biodel Inc)

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warrant, but this Warrant shall be construed as if such unenforceable provision had never been contained herein.. ­ ­ ­ ­ ­

Appears in 1 contract

Sources: Warrant Agreement (Axm Pharma Inc)

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warrantherein, but this Warrant Note shall be construed as if such unenforceable provision had never been contained herein.

Appears in 1 contract

Sources: Convertible Security Agreement (Vizconnect, Inc.)

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable durable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warrant, but this Warrant shall be construed as if such unenforceable provision had never been contained herein.the

Appears in 1 contract

Sources: Warrant Agreement (Dimeling Schreiber & Park)

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable unenforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of this Warrant, but this Warrant shall be construed as if such unenforceable provision had never been contained herein.

Appears in 1 contract

Sources: Warrant Agreement (Amerigon Inc)

Modification and Severability. If, in any action before any court or agency legally empowered to enforce any provision contained herein, any provision hereof is found to be unenforceable, then such provision shall be deemed modified to the extent necessary to make it enforceable by such court or agency. If any such provision is not enforceable as set forth in the preceding sentence, the unenforceability of such provision shall not affect the other provisions of ­ ­ ­ ­ ­ this Warrant, but this Warrant shall be construed as if such unenforceable provision had never been contained herein.

Appears in 1 contract

Sources: Warrant Agreement (Axm Pharma Inc)