Emergency Relief. Notwithstanding anything in this Section 8.5 to the contrary, either party may seek from a court any provisional remedy that may be necessary to protect any rights or property of such party pending the establishment of the arbitral tribunal or its determination of the merits of the controversy.
Appears in 13 contracts
Samples: Asset Purchase Agreement (Avado Brands Inc), Asset Purchase Agreement (Apple South Inc), Asset Purchase Agreement (Avado Brands Inc)
Emergency Relief. Notwithstanding anything in this Section 8.5 15 to the contrary, either any party may seek from a court any provisional remedy that may be necessary to protect any rights or property of such party pending the establishment of the arbitral tribunal or its determination of the merits of the controversycontroversy or to enforce a party’s rights under Section 15.
Appears in 12 contracts
Samples: Nonqualified Stock Option Agreement (Exco Resources Inc), Nonqualified Stock Option Agreement (Availent Financial Inc), Nonqualified Stock Option Agreement (Miller Douglas H)
Emergency Relief. Notwithstanding anything in this Section 8.5 6(d) to the contrary, either any party may seek from a court any provisional remedy that may be necessary to protect any rights or property of such party pending the establishment of the arbitral tribunal or its determination of the merits of the controversycontroversy or to enforce a party's rights under Section 6(d).
Appears in 12 contracts
Samples: Restricted Stock Award Agreement (Seitel Inc), Restricted Stock Award Agreement (Seitel Inc), Restricted Stock Award Agreement (Seitel Inc)
Emergency Relief. Notwithstanding anything in this Section 8.5 7(e) to the contrary, either any party may seek from a court any provisional remedy that may be necessary to protect any rights or property of such party pending the establishment of the arbitral tribunal or its determination of the merits of the controversycontroversy or to enforce a party’s rights under Section 7(e).
Appears in 7 contracts
Samples: Restricted Stock Award Agreement (Endeavour International Corp), Restricted Stock Award Agreement (Endeavour International Corp), Restricted Stock Award Agreement (Endeavour International Corp)
Emergency Relief. Notwithstanding anything in this Section 8.5 19(a) to the contrary, either any party may seek from a court any provisional remedy that may be necessary to protect any rights or property of such party pending the establishment of the arbitral tribunal or its determination of the merits of the controversycontroversy or to enforce a party's rights under this Section 19.
Appears in 6 contracts
Samples: Employment Agreement (Seitel Inc), Employment Agreement (Seitel Inc), Employment Agreement (Seitel Inc)
Emergency Relief. Notwithstanding anything in this Section 8.5 6.4 to the contrary, either party may seek from a court any provisional remedy that may be necessary to protect any rights or property of such party pending the establishment of the arbitral tribunal or its determination of the merits of the controversy.
Appears in 6 contracts
Samples: Membership Interest Purchase Agreement (DataJack, Inc.), Membership Interest Purchase Agreement (Quamtel, Inc.), Membership Interest Purchase Agreement (Quamtel, Inc.)
Emergency Relief. Notwithstanding anything in this Section 8.5 12 to the contrary, either any party may seek from a court any provisional remedy that may be necessary to protect any rights or property of such party pending the establishment of the arbitral tribunal or its determination of the merits of the controversycontroversy or to enforce a party’s rights under Section 12.
Appears in 6 contracts
Samples: Nonstatutory Stock Option Agreement (Endeavour International Corp), Nonstatutory Stock Option Agreement (Endeavour International Corp), Nonstatutory Stock Option Agreement (Endeavour International Corp)
Emergency Relief. Notwithstanding anything in this Section 8.5 7(d) to the contrary, either any party may seek from a court any provisional remedy that may be necessary to protect any rights or property of such party pending the establishment of the arbitral tribunal or its determination of the merits of the controversycontroversy or to enforce a party's rights under Section 7(d).
Appears in 4 contracts
Samples: Restricted Stock Award Agreement (Endeavour International Corp), Restricted Stock Award Agreement (Endeavour International Corp), Stock Grant Agreement (Endeavour International Corp)
Emergency Relief. Notwithstanding anything in this Section 8.5 13 to the contrary, either any party may seek from a court any provisional remedy that may be necessary to protect any rights or property of such party pending the establishment of the arbitral tribunal or its determination of the merits of the controversycontroversy or to enforce a party’s rights under Section 13.
Appears in 3 contracts
Samples: Incentive Stock Option Agreement (RedHill Biopharma Ltd.), Nonqualified Stock Option Agreement (REV Group, Inc.), Nonqualified Stock Option Agreement (Cano Petroleum, Inc)
Emergency Relief. Notwithstanding Notwith standing anything in this Section 8.5 to the contrary, either party may seek from a court any provisional remedy that may be necessary to protect any rights or property of such party pending the establishment of the arbitral tribunal or its determination of the merits of the controversy.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Avado Brands Inc), Asset Purchase Agreement (Avado Brands Inc)
Emergency Relief. Notwithstanding anything in this Section 8.5 8.1 to the contrary, either party may seek from a court any provisional remedy that may be necessary to protect any rights or property of such party pending the establishment of the arbitral tribunal or its determination of the merits of the controversy.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Apple South Inc), Asset Sale and Purchase Agreement (American Healthchoice Inc /Ny/)
Emergency Relief. Notwithstanding anything in this Section 8.5 13 to the contrary, either any party may seek from a court any provisional remedy that may be necessary to protect any rights or property of such party pending the establishment of the arbitral tribunal or its determination of the merits of the controversycontroversy or to enforce a party's rights under Section 13.
Appears in 2 contracts
Samples: Nonstatutory Stock Option Agreement (Endeavour International Corp), Nonstatutory Stock Option Agreement (Endeavour International Corp)
Emergency Relief. Notwithstanding anything in this Section 8.5 8.17 to the contrarycontrary and subject to the provisions of Section 8.16, either any party may seek from a court any provisional remedy or injunctive relief that may be necessary to protect any rights or property of such party pending the establishment of the arbitral tribunal or its determination of the merits of the controversy. The prevailing party in any proceeding based upon this Agreement shall be entitled to reasonable attorney's fees and arbitral and court costs, in addition to any other recoveries allowed by law.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Landmark Theatre Corp), Property Purchase Agreement (Landmark Theatre Corp)
Emergency Relief. Notwithstanding anything in this Section 8.5 to the contrary, either any party may seek from a court any provisional remedy that may be necessary to protect any rights or property of such party pending the establishment of the arbitral tribunal or its determination of the merits of the controversy.
Appears in 1 contract
Emergency Relief. Notwithstanding anything in this Section 8.5 14 to the contrary, either any party may seek from a court any provisional remedy that may be necessary to protect any rights or property of such party pending the establishment of the arbitral tribunal or its determination of the merits of the controversycontroversy or to enforce a party’s rights under Section 14.
Appears in 1 contract
Samples: Incentive Stock Option Agreement (RedHill Biopharma Ltd.)
Emergency Relief. Notwithstanding anything in this Section 8.5 10.14(a) to the contrary, either party may seek from a court any provisional remedy that may be necessary to protect any rights or property of such party pending the establishment of the arbitral tribunal or its determination of the merits of the controversy.
Appears in 1 contract
Emergency Relief. Notwithstanding anything in this Section 8.5 5.5 to the contrary, either party may seek from a court any provisional remedy that may be necessary to protect any rights or property of such party pending the establishment of the arbitral tribunal or its determination of the merits of the controversy.
Appears in 1 contract
Samples: Asset Purchase Agreement (Restaurant Teams International Inc)
Emergency Relief. Notwithstanding anything in this Section 8.5 10.14(a) to the ---------------- contrary, either party may seek from a court any provisional remedy that may be necessary to protect any rights or property of such party pending the establishment of the arbitral tribunal or its determination of the merits of the controversy.
Appears in 1 contract
Samples: Asset Purchase Agreement (Communications World International Inc)
Emergency Relief. Notwithstanding anything in this Section 8.5 12 to the contrary, either any party may seek from a court any provisional remedy that may be necessary to protect any rights or property of such party pending the establishment of the arbitral tribunal or its determination of the merits of the controversycontroversy or to enforce a party's rights under Section 12.
Appears in 1 contract
Emergency Relief. Notwithstanding anything in this Section 8.5 12.12 to the contrary, either party may seek from a court any provisional remedy that may be necessary to protect any rights or property of such party pending the establishment of the arbitral tribunal or its determination of the merits of the controversy.
Appears in 1 contract
Emergency Relief. Notwithstanding anything in this Section 8.5 7.17 to the contrary, either any party may seek from a court any provisional remedy that may be necessary to protect any rights or property of such party pending the establishment of the arbitral tribunal or its determination of the merits of the controversycontroversy or to enforce a party’s rights under Section 7.17.
Appears in 1 contract
Samples: Restricted Stock Unit Award Agreement (COMMERCIAL METALS Co)
Emergency Relief. Notwithstanding anything in this Section 8.5 11.13 to the contrary, either party may seek from a court any provisional remedy that may be necessary to protect any rights or property of such party pending the establishment of the arbitral tribunal or its determination of the merits of the controversy.
Appears in 1 contract
Emergency Relief. Notwithstanding anything in this Section 8.5 Article VIII to the contrary, either party may seek from a court any provisional remedy that may be necessary to protect any rights or property of such party pending the establishment of the arbitral tribunal or its determination of the merits of the controversy.
Appears in 1 contract
Samples: License Agreement (Applied Voice Recognition Inc /De/)
Emergency Relief. Notwithstanding anything in this Section 8.5 6.18 to the contrary, either any party may seek from a court any provisional remedy that may be necessary to protect any rights or property of such party pending the establishment of the arbitral tribunal or its determination of the merits of the controversycontroversy or to enforce a party’s rights under Section 6.18.
Appears in 1 contract
Samples: Restricted Stock Award Agreement (COMMERCIAL METALS Co)
Emergency Relief. Notwithstanding anything in this Section 8.5 SECTION 12.5 to the contrary, either party may seek from a court any provisional remedy that may be necessary to protect any rights or property of such party pending the establishment of the arbitral tribunal or its determination of the merits of the controversy.
Appears in 1 contract
Emergency Relief. Notwithstanding anything in this Section 8.5 Paragraph 12.10 to the contrary, either party may seek from a court any provisional remedy that may be necessary to protect any rights or property of such party pending the establishment of the arbitral tribunal or its determination of the merits of the controversy.
Appears in 1 contract
Samples: Merger Agreement (Apple South Inc)
Emergency Relief. Notwithstanding anything in this Section 8.5 SECTION 8.1 to the contrary, either party may seek from a court any provisional remedy that may be necessary to protect any rights or property of such party pending the establishment of the arbitral tribunal or its determination of the merits of the controversy.
Appears in 1 contract
Samples: Asset Purchase Agreement (American Healthchoice Inc /Ny/)
Emergency Relief. Notwithstanding anything in this Section 8.5 5(d) to the contrary, either any party may seek from a court any provisional remedy that may be necessary to protect any rights or property of such party pending the establishment of the arbitral tribunal or its determination of the merits of the controversycontroversy or to enforce a party’s rights under Section 5(d).
Appears in 1 contract
Samples: Incentive Award Agreement (Endeavour International Corp)
Emergency Relief. Notwithstanding anything in this Section 8.5 7(d) to the contrary, either any party may seek from a court any provisional remedy that may be necessary to protect any rights or property of such party pending the establishment of the arbitral tribunal or its determination of the merits of the controversycontroversy or to enforce a party’s rights under Section 7(d).
Appears in 1 contract
Samples: Restricted Stock Award Agreement (Endeavour International Corp)
Emergency Relief. Notwithstanding anything in this Section 8.5 3.4 to the contrary, either party may seek from a court any provisional remedy that may be necessary to protect any rights or property of such party pending the establishment of the arbitral tribunal or its determination of the merits of the controversy.
Appears in 1 contract
Samples: Stock Purchase Agreement (Rush Financial Technologies Inc)