Common use of Absolute and Unconditional Obligation Clause in Contracts

Absolute and Unconditional Obligation. The Company's obligations to issue and deliver Warrant Shares in accordance with the terms hereof are absolute and unconditional, irrespective of any action or inaction by the Holder to enforce the same, the recovery of any judgment against any Person or any action to enforce the same, or any setoff, counterclaim, recoupment, limitation or termination, or any breach or alleged breach by the Holder or any other Person of any obligation to the Company or any violation or alleged violation of law by the Holder or any other Person. Nothing herein shall limit the Holder's right to pursue any other remedies available to it hereunder, at law or in equity, including, without limitation, a decree of specific performance and/or injunctive relief with respect to the Company's failure to timely deliver certificates representing Warrant Shares upon exercise of the Warrant as required pursuant to the terms hereof.

Appears in 2 contracts

Samples: Arotech Corp, Arotech Corp

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Absolute and Unconditional Obligation. The Company's ’s obligations to issue and deliver Warrant Additional Investment Right Shares in accordance with the terms hereof are absolute and unconditional, irrespective of any action or inaction by the Holder holder to enforce the same, the recovery of any judgment against any Person or any action to enforce the same, or any setoff, counterclaim, recoupment, limitation or termination, or any breach or alleged breach by the Holder holder or any other Person of any obligation to the Company or any violation or alleged violation of law by the Holder holder or any other Person. Nothing herein shall limit the Holder's ’s right to pursue any other remedies available to it hereunder, at law or in equity, including, without limitation, a decree of specific performance and/or injunctive relief with respect to the Company's ’s failure to timely deliver certificates representing Warrant Additional Investment Right Shares upon exercise of the Warrant Additional Investment Right as required pursuant to the terms hereof.

Appears in 1 contract

Samples: Securities Purchase Agreement (Medwave Inc)

Absolute and Unconditional Obligation. The Company's obligations to issue and deliver Warrant Additional Investment Right Shares in accordance with the terms hereof are absolute and unconditional, irrespective of any action or inaction by the Holder holder to enforce the same, the recovery of any judgment against any Person or any action to enforce the same, or any setoff, counterclaim, recoupment, limitation or termination, or any breach or alleged breach by the Holder holder or any other Person of any obligation to the Company or any violation or alleged violation of law by the Holder holder or any other Person. Nothing herein shall limit the Holder's right to pursue any other remedies available to it hereunder, at law or in equity, including, without limitation, a decree of specific performance and/or injunctive relief with respect to the Company's failure to timely deliver certificates representing Warrant Additional Investment Right Shares upon exercise of the Warrant Additional Investment Right as required pursuant to the terms hereof.

Appears in 1 contract

Samples: Securities Purchase Agreement (Dusa Pharmaceuticals Inc)

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Absolute and Unconditional Obligation. The Company's ’s obligations to issue and deliver Warrant Shares in accordance with the terms hereof are absolute and unconditional, irrespective of any action or inaction by the Holder to enforce the same, the recovery of any judgment against any Person or any action to enforce the same, or any setoff, counterclaim, recoupment, limitation or termination, or any breach or alleged breach by the Holder or any other Person of any obligation to the Company or any violation or alleged violation of law by the Holder or any other Person. Nothing herein shall limit the Holder's ’s right to pursue any other remedies available to it hereunder, at law or in equity, including, without limitation, a decree of specific performance and/or injunctive relief with respect to the Company's ’s failure to timely deliver certificates representing Warrant Shares upon exercise of the Warrant as required pursuant to the terms hereof.

Appears in 1 contract

Samples: Amendment Agreement (Arotech Corp)

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