Remedies Characterization Other Obligations Breaches and Injunctive Relief. The remedies provided in this
Note Agreement shall be cumulative and in addition to all other remedies available under this
Note and any of the other Transaction Documents Agreement, at law or in equity
(including (including, without limitation, a decree of specific performance and/or other injunctive relief),
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 a Lender's right to pursue actu
...al damages 4 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 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 and shall not, except as expressly provided herein, be subject to any other obligation of the Company (or the performance thereof). Loan. The Company acknowledges that a breach by it of its obligations hereunder will cause irreparable and material harm to the Holder Lender and that the remedy at law for any such breach may be inadequate. The Therefore the Company therefore agrees that, in the event of any such breach or threatened breach, the Holder Lender shall be entitled, in addition to all other available rights and remedies, at law or in equity, to seek and obtain such equitable relief, including but not limited to an injunction restraining any such breach or threatened 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).
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Remedies Characterization Other Obligations Breaches and Injunctive Relief. The remedies provided in this
Note Certificate of Designations shall be cumulative and in addition to all other remedies available under this
Note Certificate of Designations 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 any Holder's right to pursue actual
and consequential damages for any failure by the
Company Corporation to comply with the terms of this
N...ote. Certificate of Designations. The Company Corporation covenants to the each 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 a Holder and shall not, except as expressly provided herein, be subject to any other obligation of the Company Corporation (or the performance thereof). The Company Corporation acknowledges that a breach by it of its obligations hereunder will cause irreparable harm to the Holder Holders and that the remedy at law for any such breach may be inadequate. The Company Corporation therefore agrees that, in the event of any such breach or threatened breach, the each Holder 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 Corporation shall provide all information and documentation to the a Holder that is requested by the such Holder to enable the such Holder to confirm the Company's Corporation's compliance with the terms and conditions of this Note (including, without limitation, compliance with Section 7). Certificate of Designations.
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Remedies Characterization Other Obligations Breaches and Injunctive Relief. The remedies provided in this
Note Debenture shall be cumulative and in addition to all other remedies available under this
Note and any of the other Transaction Documents Debenture at law or in equity (including a decree of specific performance and/or other injunctive
relief), and nothing herein relief); provided, the Holder shall
limit the Holder's right not be entitled to
pursue actual damages for any
failure by the Company to comply with the terms duplication or multiplication of
this Note. ...damages. 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 and shall not, except as expressly provided herein, 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 such breach or any such threatened 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 Debenture (including, without limitation, compliance with Section 7). 5). 11 14. PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Debenture is placed in the hands of an attorney for collection or enforcement of the debt evidenced hereby or is collected or enforced through any legal proceeding or the Holder otherwise takes action to collect amounts due under this Debenture or to enforce the provisions of this Debenture or (b) there occurs any bankruptcy, reorganization, receivership of the Company or other proceedings affecting Company creditors' rights and involving a claim under this Debenture, then the Company shall pay the reasonable 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, reasonable attorneys' fees and disbursements.
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Remedies Characterization Other Obligations Breaches and Injunctive Relief. The remedies provided in this
Note Certificate of Designations shall be cumulative and in addition to all other remedies available under this
Note and any Certificate of
the other Transaction Documents Designations, at law or in equity (including a decree of specific performance and/or other injunctive relief),
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 a holder's right to pursue act
...ual 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 instrument other than as expressly provided herein. Certificate of Designations. 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 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 holders of the Series A Preferred 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 holders of the Series A Preferred shall be entitled, in addition to all other available remedies, to an injunction restraining any breach, breach or the Series A Preferred holders' reasonable perception of a threatened breach by the Company of the provisions of this Certificate of Designations, 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).
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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 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 a 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 each Holder of Notes 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 6 17. Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any such breach may be inadequate. The Company therefore agrees that, in the event of any such breach or threatened breach, the Holder more general provision contained herein. This Note shall be entitled, in addition deemed 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 be jointly drafted by the Holder to enable Company and all Holders and shall not be construed against any person as the Holder to confirm the Company's compliance with the terms and conditions of this Note (including, without limitation, compliance with Section 7). drafter hereof.
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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 and any of the other Transaction Documents Note, at law or in equity
(including (including, without limitation, a decree of specific performance and/or other injunctive relief),
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 a Payee's right to pursue actual damages for a
...ny 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 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 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 and material harm to the Holder Payee and that the remedy at law for any such breach may be inadequate. The Therefore the Company therefore agrees that, in the event of any such breach or threatened breach, the Holder Payee shall be entitled, in addition to all other available rights and remedies, at law or in equity, to seek and obtain such equitable relief, including but not limited to an injunction restraining any such breach or threatened 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).
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Remedies Characterization Other Obligations Breaches and Injunctive Relief. The remedies provided in this
Note Series A Warrant shall be cumulative and in addition to all other remedies available under this
Note Series A 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. Series A Warrant. T
...he 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 Series A 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 Series A 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 Series A 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. -13- 15. PAYMENT OF COLLECTION, ENFORCEMENT AND OTHER COSTS. If (a) this Series A 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 Series A Warrant or to enforce the provisions of this Series A 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 Series A 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.
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Remedies Characterization Other Obligations Breaches and Injunctive Relief. The remedies provided in this
Note Series B Warrant shall be cumulative and in addition to all other remedies available under this
Note Series B 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. Series B Warrant. T
...he 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 Series B 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 Series B 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 Series B 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 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 7 15. Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify anymore general provision contained herein. This Note shall be deemed to be jointly drafted by the Company acknowledges that a breach by it of its obligations hereunder will cause irreparable harm to and the Holder and that shall not be construed against any person as 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). drafter hereof.
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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 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 6 18. Specific Shall Not Limit General; Construction. No specific provision contained in this Note shall limit or modify any more general provision contained herein. This Note shall be deemed to be jointly drafted by the Company acknowledges that a breach by it of its obligations hereunder will cause irreparable harm to and the Holder and that shall not be construed against any person as 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). drafter hereof.
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