Common use of Damages Clause in Contracts

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 and 5.2 hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 233 contracts

Samples: Underwriting Agreement (Apimeds Pharmaceuticals US, Inc.), Placement Agency Agreement (Biovie Inc.), Underwriting Agreement (Nova Minerals LTD)

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Damages. Should the registration or the effectiveness thereof required by Sections 5.1 4.1 and 5.2 4.2 hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 187 contracts

Samples: Underwriting Agreement (Zhibao Technology Inc.), Underwriting Agreement (Silo Pharma, Inc.), Underwriting Agreement (Silo Pharma, Inc.)

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 4.1 and 5.2 4.2 hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) Holders shall, in addition to any other legal or other relief available to the Holder(s)Holders, be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 147 contracts

Samples: Underwriting Agreement (EPWK Holdings Ltd.), S Warrant Agreement (Fly-E Group, Inc.), Common Share Purchase Warrant (Fly-E Group, Inc.)

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 and 5.2 Section 4 hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 85 contracts

Samples: Underwriting Agreement (Mingteng International Corp Inc.), Underwriting Agreement (Mingteng International Corp Inc.), Underwriters’ Warrant Agreement (Nava Health Md, LLC)

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 and 5.2 Section 3.1 hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain seek specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 36 contracts

Samples: S Warrant Agreement (BranchOut Food Inc.), S Warrant Agreement (BranchOut Food Inc.), S Warrant Agreement (Vocodia Holdings Corp)

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 and 5.2 5(a) hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 22 contracts

Samples: S Warrant Agreement (Zivo Bioscience, Inc.), Underwriting Agreement (Inspira Technologies OXY B.H.N. LTD), S Warrant Agreement (GeoVax Labs, Inc.)

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 5(a) and 5.2 5(b) hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 17 contracts

Samples: Underwriting Agreement (Aduro Clean Technologies Inc.), Common Stock Purchase Warrant (Lafayette Energy Corp.), Underwriting Agreement (Rise Oil & Gas, Inc.)

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 and 5.2 Section 4.3 hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 16 contracts

Samples: Underwriting Agreement (Soliton, Inc.), Underwriting Agreement (Soliton, Inc.), Underwriting Agreement (Soliton, Inc.)

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 Section 4.1 and 5.2 Section 4.2 hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 15 contracts

Samples: ADial Pharmaceuticals, L.L.C., Manhattan Bridge Capital, Inc, S Option Agreement (CNS Response, Inc.)

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 and 5.2 5(a) or 5(b) hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 15 contracts

Samples: Underwriting Agreement (Bone Biologics Corp), Bone Biologics (Bone Biologics Corp), Bone Biologics (Bone Biologics Corp)

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 and 5.2 5.a hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 11 contracts

Samples: Underwriting Agreement (Pasithea Therapeutics Corp.), Underwriting Agreement (Pasithea Therapeutics Corp.), Underwriting Agreement (Virpax Pharmaceuticals, Inc.)

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 Section 6.1 and 5.2 Section 6.2 hereof be delayed by the Company or the Company otherwise fails fail to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 9 contracts

Samples: Common Stock Purchase Warrant (Ispire Technology Inc.), Common Stock Purchase Warrant (Ispire Technology Inc.), Underwriting Agreement (Ispire Technology Inc.)

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 4.1 and 5.2 4.2 hereof be delayed by the Company or the Company otherwise fails to comply in any material respect with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 8 contracts

Samples: Common Share Purchase Warrant (XORTX Therapeutics Inc.), S Warrant Agreement (XORTX Therapeutics Inc.), Common Stock Purchase Warrant (ShiftPixy, Inc.)

Damages. Should the registration or the effectiveness thereof required by Sections Section 5.1 and 5.2 hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 7 contracts

Samples: Warrant Amendment Agreement (Wisa Technologies, Inc.), Addentax Group Corp., Wisa Technologies, Inc.

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 and 5.2 Section 4.1 hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 7 contracts

Samples: Underwriting Agreement (Shineco, Inc.), Underwriting Agreement (Shineco, Inc.), Underwriting Agreement (Shineco, Inc.)

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 and 5.2 5.a or 5.b hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 5 contracts

Samples: Underwriting Agreement (1847 Goedeker Inc.), S Warrant Agreement (1847 Goedeker Inc.), Underwriting Agreement (1847 Goedeker Inc.)

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 and 5.2 hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 5 contracts

Samples: Underwriting Agreement (Transcode Therapeutics, Inc.), Underwriting Agreement (Transcode Therapeutics, Inc.), Underwriting Agreement (Transcode Therapeutics, Inc.)

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 and Section 5.2 hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 5 contracts

Samples: Underwriting Agreement (Harbor Custom Development, Inc.), Underwriting Agreement (Harbor Custom Development, Inc.), Placement Agency Agreement (Pyxis Tankers Inc.)

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 and 5.2 Section 4.2 hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 5 contracts

Samples: Common Stock Purchase Warrant (Amesite Inc.), Amesite Operating Co, Underwriting Agreement (China Commercial Credit Inc)

Damages. Should the registration statement or the effectiveness thereof required by Sections 5.1 4.1 and 5.2 4.2 hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 4 contracts

Samples: Common Stock Purchase Warrant (ShiftPixy, Inc.), Common Stock Purchase Warrant (American Battery Metals Corp), Underwriting Agreement (Sensus Healthcare, Inc.)

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 Section 5 a) and 5.2 Section 5 b) hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 3 contracts

Samples: Placement Agency Agreement (Biovie Inc.), Underwriting Agreement (Biovie Inc.), Underwriting Agreement (Biovie Inc.)

Damages. Should the registration or the effectiveness thereof required by Sections Section 5.1 and 5.2 hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) Holder shall, in addition to any other legal or other relief available to the Holder(s)Holder, be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 3 contracts

Samples: Common Stock Purchase Warrant (Code Chain New Continent LTD), Code Chain New Continent LTD, Tantech Holdings LTD

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 4.1 and 5.2 4.2 hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) Purchase Warrant Holders shall, in addition to any other legal or other relief available to the Holder(s)Purchase Warrant Holders, be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 3 contracts

Samples: Underwriting Agreement (BioRestorative Therapies, Inc.), Underwriting Agreement (BioRestorative Therapies, Inc.), Underwriting Agreement (BioRestorative Therapies, Inc.)

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 and 5.2 4.1and 4.2 hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 3 contracts

Samples: Underwriting Agreement (Cutanea Life Sciences Inc), Underwriting Agreement (Skystar Bio-Pharmaceutical Co), S Option Agreement (Skystar Bio-Pharmaceutical Co)

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 and 5.2 Section 4.1 hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain seek specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 3 contracts

Samples: Underwriting Agreement (Genprex, Inc.), Genprex, Inc., Genprex, Inc.

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 3.1 and 5.2 3.2 hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain seek specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 3 contracts

Samples: Underwriting Agreement (AzurRx BioPharma, Inc.), Common Stock Purchase Warrant (AzurRx BioPharma, Inc.), Common Stock Purchase Warrant (AzurRx BioPharma, Inc.)

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 4.1 and 5.2 4.2 hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, other than due to any regulatory or other factors outside of the Company’s control, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), shall be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 3 contracts

Samples: Warrant Agreement (Jupiter Wellness, Inc.), Underwriters’ Warrant Agreement (AnPac Bio-Medical Science Co., Ltd.), Underwriters’ Warrant Agreement (AnPac Bio-Medical Science Co., Ltd.)

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 and 5.2 Section 4 hereof be delayed by the Company or the Company otherwise fails fail to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 3 contracts

Samples: Selling Agency Agreement (Imperial Garden & Resort, Inc.), Selling Agency Agreement (Imperial Garden & Resort, Inc.), Selling Agency Agreement (Imperial Garden & Resort, Inc.)

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 and 5.2 Section 4.1 hereof be delayed by the Company Company, or the Company otherwise fails to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 3 contracts

Samples: Underwriting Agreement (Cardiff Lexington Corp), Common Stock Purchase Warrant (PaxMedica, Inc.), Common Stock Purchase Warrant (PaxMedica, Inc.)

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Damages. Should the registration or the effectiveness thereof required by Sections 5.1 and 5.2 hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 2 contracts

Samples: Underwriting Agreement (Immuron LTD), Underwriting Agreement (Immuron LTD)

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 8.1 and 5.2 8.2 hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 2 contracts

Samples: Underwriter’s Warrant (Iaso Pharma Inc), Underwriter’s Warrant (Iaso Pharma Inc)

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 and 5.2 Section 4 hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain seek specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 2 contracts

Samples: Underwriting Agreement (Applied UV, Inc.), Underwriting Agreement (HyreCar Inc.)

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 and 5.2 Section 2 hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 2 contracts

Samples: Underwriters’ Warrant Agreement (Chromocell Therapeutics Corp), Underwriters’ Warrant Agreement (Chromocell Therapeutics Corp)

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 4.1 and 5.2 4.2 hereof be delayed in any material respect by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 2 contracts

Samples: Underwriting Agreement (Kips Bay Medical, Inc.), Underwriting Agreement (Kips Bay Medical, Inc.)

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 and 5.2 Section 5 hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 2 contracts

Samples: Ainos, Inc., INVO Bioscience, Inc.

Damages. Should the registration statement or the effectiveness thereof required by Sections 5.1 and 5.2 4.1 hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 2 contracts

Samples: Underwriting Agreement (Cachet Financial Solutions, Inc.), S Warrant Agreement (Sphere 3D Corp)

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 4.1 and 5.2 4.2 hereof be delayed by the Company or the Company otherwise fails to comply in any material respect with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 2 contracts

Samples: Common Stock Purchase Warrant (Titan Pharmaceuticals Inc), Titan Pharmaceuticals Inc

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 and 5.2 Section 5(a) hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) Holder shall, in addition to any other legal or other relief available to the Holder(s)Holder, be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 1 contract

Samples: Agm Group Holdings, Inc.

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 and 5.2 4.1 hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 1 contract

Samples: Underwriting Agreement (Mapi - Pharma LTD)

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 and 5.2 5.a hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.. ​

Appears in 1 contract

Samples: Kiromic Biopharma, Inc.

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 and 5.2 Section 4.1 hereof be delayed by the Company Company, or the Company otherwise fails to comply with such provisions, the Holder(s) Holder shall, in addition to any other legal or other relief available to the Holder(s)Holder, be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 1 contract

Samples: Jayud Global Logistics LTD

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 and 5.2 4.2 hereof be delayed by the Company or the Company otherwise fails to comply in any material respect with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 1 contract

Samples: GoodFaith Technology Inc.

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 and 5.2 hereof Section 4.1 be delayed by the Company or the Company otherwise fails to comply with such provisionsthe provisions of Section 4.1, the Holder(s) Holder shall, in addition to any other legal or other relief available to the Holder(s)Holder, be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 1 contract

Samples: BioLight Life Sciences Ltd.

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 5(a) and 5.2 5(b) hereof be delayed by the Company or the Company otherwise fails to comply in any material respect with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 1 contract

Samples: Remark Holdings, Inc.

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 and 5.2 4.1 hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) Holders shall, in addition to any other legal or other relief available to the Holder(s)Holders, be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 1 contract

Samples: Winc, Inc.

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 and 5.2 5.a hereof be delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.. ​

Appears in 1 contract

Samples: Kiromic Biopharma, Inc.

Damages. Should the registration or the effectiveness thereof required by Sections 5.1 4.1 and 5.2 4.2 hereof be unreasonably delayed by the Company or the Company otherwise fails to comply with such provisions, the Holder(s) shall, in addition to any other legal or other relief available to the Holder(s), be entitled to obtain specific performance or other equitable (including injunctive) relief against the threatened breach of such provisions or the continuation of any such breach, without the necessity of proving actual damages and without the necessity of posting bond or other security.

Appears in 1 contract

Samples: Underwriting Agreement (Kips Bay Medical, Inc.)

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