Remedies Characterization Other Obligations Breaches and Injunctive Relief Contract Clauses (698)

Grouped Into 3 Collections of Similar Clauses From Business Contracts

This page contains Remedies Characterization Other Obligations Breaches and Injunctive Relief clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Remedies Characterization Other Obligations Breaches and Injunctive Relief. The remedies provided in this Note shall be cumulative and in addition to all other remedies available under this Note and any of the other Transaction Documents at law or in equity (including a decree of specific performance and/or other injunctive relief), and nothing herein shall limit the Holder's right to pursue actual damages for any failure by the Company to comply with the terms of this Note. The Company covenants to the Holder that there shall be no characterization concerning this inst...rument other than as expressly provided herein. Amounts set forth or provided for herein with respect to payments, conversion and the like (and the computation thereof) shall be the amounts to be received by the Holder and shall not, except as expressly provided herein, be subject to any other obligation of the Company (or the performance thereof). The Company acknowledges that a breach by it of its obligations hereunder will cause irreparable harm to the Holder and that the remedy at law for any such breach may be inadequate. The Company therefore agrees that, in the event of any such breach or threatened breach, the Holder shall be entitled, in addition to all other available remedies, to an injunction restraining any breach, without the necessity of showing economic loss and without any bond or other security being required. The Company shall provide all information and documentation to the Holder that is requested by the Holder to enable the Holder to confirm the Company's compliance with the terms and conditions of this Note (including, without limitation, compliance with Section 7). View More
Remedies Characterization Other Obligations Breaches and Injunctive Relief. The remedies provided in this Note Warrant shall be cumulative and in addition to all other remedies available under this Note Warrant and any of the other Transaction Documents Documents, at law or in equity (including a decree of specific performance and/or other injunctive relief), and nothing herein shall limit the Holder's right of the Holder to pursue actual damages for any failure by the Company to comply with the terms of this Note. Warrant. The Company covenants to the Holder that there... shall be no characterization concerning this instrument other than as expressly provided herein. Amounts set forth or provided for herein with respect to payments, conversion exercises and the like (and the computation thereof) shall be the amounts to be received by the Holder and shall not, except as expressly provided herein, be subject to any other obligation of the Company (or the performance thereof). The Company acknowledges that a breach by it of its obligations hereunder will cause irreparable harm to the Holder and that the remedy at law for any such breach may be inadequate. The Company therefore agrees that, in the event of any such breach or threatened breach, the Holder holder of this Warrant shall be entitled, in addition to all other available remedies, to an injunction restraining any breach, without the necessity of showing economic loss and without any bond or other security being required. The Company shall provide all information and documentation to the Holder that is requested by the Holder to enable the Holder to confirm the Company's compliance with the terms and conditions of this Note Warrant (including, without limitation, compliance with Section 7). 2 hereof). The issuance of shares and certificates for shares as contemplated hereby upon the exercise of this Warrant shall be made without charge to the Holder or such shares for any issuance tax or other costs in respect thereof, provided that the Company shall not be required to pay any tax which may be payable in respect of any transfer involved in the issuance and delivery of any certificate in a name other than the Holder or its agent on its behalf. View More
Remedies Characterization Other Obligations Breaches and Injunctive Relief. The remedies provided in this Note shall be cumulative and in addition to all other remedies available under this Note and any of the other Transaction Documents Note, at law or in equity (including a decree of specific performance and/or other injunctive relief), and no remedy contained herein shall be deemed a waiver of compliance with the provisions giving rise to such remedy and nothing herein shall limit the Holder's right to pursue actual damages for any failure by the Company to comply wi...th the terms of this Note. The Company covenants to the Holder that there shall be no characterization concerning this instrument other than as expressly provided herein. Amounts set forth or provided for herein with respect to payments, conversion and the like (and the computation thereof) shall be the amounts to be received by the Holder thereof and shall not, except as expressly provided herein, be subject to any other obligation of the Company (or the performance thereof). The Company acknowledges that a breach by it of its obligations hereunder will cause irreparable harm to the Holder and that the remedy at law for any such breach may be inadequate. The Company therefore agrees that, in the event of any such breach or threatened breach, the Holder shall be entitled, in addition to all other available remedies, to an injunction restraining any breach, without the necessity of showing economic loss and without any bond or other security being required. The Company shall provide all information and documentation to the Holder that is requested by the Holder to enable the Holder to confirm the Company's compliance with the terms and conditions of this Note (including, without limitation, compliance with Section 7). View More
Remedies Characterization Other Obligations Breaches and Injunctive Relief. The remedies provided in this Note Warrant shall be cumulative and in addition to all other remedies available under this Note Warrant and any of the other Transaction Documents Documents, at law or in equity (including a decree of specific performance and/or other injunctive relief), and nothing herein shall limit the Holder's right of the Holder to pursue actual and consequential damages for any failure by the Company to comply with the terms of this Note. Warrant. The Company covenants to the... Holder that there shall be no characterization concerning this instrument other than as expressly provided herein. Amounts set forth or provided for herein with respect to payments, conversion exercises and the like (and the computation thereof) shall be the amounts to be received by the Holder and shall not, except as expressly provided herein, be subject to any other obligation of the Company (or the performance thereof). The Company acknowledges that a breach by it of its obligations hereunder will cause irreparable harm to the Holder and that the remedy at law for any such breach may be inadequate. The Company therefore agrees that, in the event of any such breach or threatened breach, the Holder holder of this Warrant shall be entitled, in addition to all other available remedies, to an injunction restraining specific performance and/or temporary, preliminary and permanent injunctive or other equitable relief from any breach, court of competent jurisdiction in any such case without the necessity of showing economic loss proving actual damages and without any posting a bond or other security being required. security. The Company shall provide all information and documentation to the Holder that is requested by the Holder to enable the Holder to confirm the Company's compliance with the terms and conditions of this Note Warrant (including, without limitation, compliance with Section 7). 1(g)(ii) hereof). The issuance of shares and certificates for shares as contemplated hereby upon the exercise of this Warrant shall be made without charge to the Holder or such shares for any issuance tax or other costs in respect thereof, provided that the Company shall not be required to pay any tax which may be payable in respect of any transfer involved in the issuance and delivery of any certificate in a name other than the Holder or its agent on its behalf. 12 15. PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Warrant is placed in the hands of an attorney for collection or enforcement or is collected or enforced through any legal proceeding or the holder otherwise takes action to collect amounts due under this Warrant or to enforce the provisions of this Warrant or (b) there occurs any bankruptcy, reorganization, receivership of the company or other proceedings affecting company creditors' rights and involving a claim under this Warrant, then the Company shall pay the costs incurred by the Holder for such collection, enforcement or action or in connection with such bankruptcy, reorganization, receivership or other proceeding, including, without limitation, attorneys' fees and disbursements. View More
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Remedies Characterization Other Obligations Breaches and Injunctive Relief. The remedies provided in this Note shall be cumulative and in addition to all other remedies available under this Note, at law or in equity 14. Advice of Counsel. Each the Company and the Holder, including its stockholders, officers, agents and representatives, hereby acknowledges that (i) such party has been, and hereby is, advised to seek legal counsel and to review this Note with legal counsel of such party's choice, and (ii) such party has sought such legal counsel, which such legal counsel ...has reviewed the Note, or hereby waives the right to do so. View More
Remedies Characterization Other Obligations Breaches and Injunctive Relief. The remedies provided in this Note shall be cumulative and in addition to all other remedies available under this Note, at law or in equity 14. 9. Advice of Counsel. Each the The Company and the Holder, including its stockholders, officers, agents and representatives, hereby acknowledges that (i) such party has been, and hereby is, advised to seek legal counsel and to review this Note with legal counsel of such party's choice, and (ii) such party has sought such legal counsel, which such legal c...ounsel has reviewed the Note, or hereby waives the right to do so. View More
Remedies Characterization Other Obligations Breaches and Injunctive Relief. The remedies provided in this Note shall be cumulative and in addition to all other remedies available under this Note, at law or in equity 14. 10. Advice of Counsel. Each In connection with the Company and preparation of this Note, each of the Holder, including Company, its stockholders, officers, agents agents, and representatives, representatives acknowledges and agrees that the attorney that prepared this Note acted as legal counsel to the Holder only. Each of the Company, its stockholders, ...officers, agents, and representatives hereby acknowledges that (i) such party has been, and hereby is, advised to seek legal counsel and to review this Note with legal counsel of such party's choice, and (ii) such party has sought such legal counsel, which such legal counsel has reviewed the Note, or hereby waives the right to do so. LUCOSKY BROOKMAN LLP DID NOT PROVIDE LEGAL ADVICE TO THE COMPANY IN CONNECTION WITH THIS NOTE. View More
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Remedies Characterization Other Obligations Breaches and Injunctive Relief. The remedies of the Holder as provided herein shall be cumulative and concurrent and may be pursued singly, successively or together, at the sole discretion of the Holder, and may be exercised as often as occasion therefor shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. 3 8. Specific Shall Not Limit General; Construction. No specific provision contained in this Debenture shall limit or modify any more general provis...ion contained herein. This Debenture shall be deemed to be jointly drafted by the Company and the Holder and shall not be construed against any person as the drafter hereof. View More
Remedies Characterization Other Obligations Breaches and Injunctive Relief. The remedies of the Holder as provided herein shall be cumulative and concurrent and may be pursued singly, successively or together, at the sole discretion of the Holder, and may be exercised as often as occasion therefor shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. 3 8 10. Specific Shall Not Limit General; Construction. No specific provision contained in this Debenture Note shall limit or modify any more genera...l provision contained herein. This Debenture Note shall be deemed to be jointly drafted by the Company and the Holder and shall not be construed against any person as the drafter hereof. View More
Remedies Characterization Other Obligations Breaches and Injunctive Relief. The remedies of the Holder as provided herein shall be cumulative and concurrent and may be pursued singly, successively or together, at the sole discretion of the Holder, and may be exercised as often as occasion therefor shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. 3 8. 7. Specific Shall Not Limit General; Construction. No specific provision contained in this Debenture Note shall limit or modify any more genera...l provision contained herein. This Debenture Note shall be deemed to be jointly drafted by the Company Borrower and the Holder and shall not be construed against any person as the drafter hereof. View More
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