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 Agreement, 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 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). 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.
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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 shall holder of this Warrant may 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 Except where such information and documentation contains or would otherwise constitute material, non-public information, 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.
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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 21 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). 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.
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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 16 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.
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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). 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.
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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 Subscription Agreement, 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 Hold
...er 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 11. 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.
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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.
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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 and any of the other Transaction Documents Warrant, 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 17 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.
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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 and any of the other Transaction Documents Warrant, 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 15 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 reasonably 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.
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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 and any of the other Transaction Documents Warrant, at law or in equity (including a
15 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 reasonably 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.
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