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 Exhibit 4.13 -- Page 6 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 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).
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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 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
and consequential damages for any failure by the Company to comply with the terms of this Note.
No failure on the part of 31 IF " DOCVARIABLE "SWDocIDLocation" 4096" = "1" " ...DOCPROPERTY "SWDocID" 4859-3369-6071, v.1" "" the Holder to exercise, and no delay in exercising, any right, power or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise by the Holder of any right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. In addition, the exercise of any right or remedy of the Holder at law or equity or under this Note or any of the documents shall not be deemed to be an election of Holder's rights or remedies under such documents or at law or equity. 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 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 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 (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 Designation shall be cumulative and in addition to all other remedies available under this
Note and any Certificate of
the other Transaction Documents Designation, at law or in equity (including a decree of specific performance and/or other injunctive relief), and
nothing no remedy contained herein shall be deemed a waiver of compliance with the provisions giving rise to such remedy. Nothing herein shall limit
the any Holder's right to pursue act
...ual and consequential damages for any failure by the Company to comply with the terms of this Note. Certificate of Designation. The Company 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 (or the performance thereof). The Company 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 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 any such breach or any such threatened breach, without the necessity of showing economic loss and without any bond or other security being required. required, to the extent permitted by applicable law. The Company 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 compliance with the terms and conditions of this Note (including, without limitation, compliance with Section 7). Certificate of Designation.
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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 payments and the like (and the computation thereof) shall be the amounts to be received by the Holder Payee 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 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
Holder's 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
and consequential damages for any failure by the
Company Issuer to comply with the terms of this Note. The
Company covenants to the Holder that there shall be no cha...racterization 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 Issuer acknowledges that a breach by it of its obligations hereunder under this Note will cause irreparable harm to the Holder and that the remedy at law for any such breach may be inadequate. The Company Issuer 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 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 Issuer shall provide all information and documentation to the Holder that is requested by the Holder to enable the Holder to confirm the Company's Issuer'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 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
and consequential 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 co...ncerning 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 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).
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Remedies Characterization Other Obligations Breaches and Injunctive Relief. The remedies provided in this
Note Investor Warrant shall be cumulative and in addition to all other remedies available under this
Note Investor 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. Investor 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 Investor 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 Investor 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 Investor 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. TRANSFER. This Investor Warrant may be offered for sale, sold, transferred or assigned without the consent of the Company, except as may otherwise be required by Section 4.1(a) of the Purchase Agreement.
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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 at law or in equity (including a decree of specific performance and/or other injunctive
relief), relief). No failure on the part of the Holder to exercise, and
nothing herein no delay in exercising, any right, power or remedy hereunder shall
limit the Holder's right to pursue actual damages for operate as a waiver thereof; nor shall any
... failure single or partial exercise by the Company Holder of any right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. In addition, the exercise of any right or remedy of the Holder at law or equity or under this Note or any of the documents shall not be deemed to comply with the terms be an election of this Note. Holder's rights or remedies under such documents or at law or equity. 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 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 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. 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). security.
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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
and consequential damages for any failure by the Company to comply with the terms of this
Note. Warrant. The Company covenants to the Holder th
...at 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) 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. 16 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.
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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
and consequential damages for any failure by the Company to comply with the terms of this
Note. Warrant. The Company covenants to the Holder th
...at 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 that 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. 21 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.
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