Hardship. (a) In the event the Investor sells Common Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 20 contracts
Samples: Standby Equity Purchase Agreement (Envirotech Vehicles, Inc.), Equity Purchase Agreement (Brand Engagement Network Inc.), Equity Purchase Agreement (LeddarTech Holdings Inc.)
Hardship. (a) In the event the Investor sells Common shares of the Advance Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.022.3, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market)enforce, without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 12 contracts
Samples: Investment Agreement (North American Oil & Gas Corp.), Investment Agreement (North American Oil & Gas Corp.), Reserve Equity Financing Agreement (Xun Energy, Inc.)
Hardship. (a) In the event the Investor sells Common Shares of the Company after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 9 contracts
Samples: Equity Purchase Agreement (Phoenix Motor Inc.), Equity Purchase Agreement (Ideanomics, Inc.), Equity Purchase Agreement (Ideanomics, Inc.)
Hardship. (a) In the event the Investor sells shares of the Company’s Common Shares Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.022.3, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market)enforce, without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 8 contracts
Samples: Reserve Equity Financing Agreement (Strategic Mining Corp), Reserve Equity Financing Agreement (Smart Kids Group Inc.), Reserve Equity Financing Agreement (USA Synthetic Fuel Corp)
Hardship. (a) In the event the Investor sells Common shares of the Put Shares after receipt of an Advance a Put Notice and the Company fails to perform its obligations as mandated in Section 2.022.3, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market)enforce, without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 6 contracts
Samples: Stock Purchase Agreement (SMX (Security Matters) Public LTD Co), Stock Purchase Agreement (SMX (Security Matters) Public LTD Co), Stock Purchase Agreement (SMX (Security Matters) Public LTD Co)
Hardship. (a) In the event the Investor sells Common the Advance Shares after receipt of an the Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any documented and actual loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, directly arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 6 contracts
Samples: Equity Subscription Agreement (Antelope Enterprise Holdings LTD), Equity Subscription Agreement (Antelope Enterprise Holdings LTD), Equity Subscription Agreement (Antelope Enterprise Holdings LTD)
Hardship. (a) In the event the Investor sells Common Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 6 contracts
Samples: Equity Purchase Agreement (Eos Energy Enterprises, Inc.), Equity Purchase Agreement (Romeo Power, Inc.), Registration Rights Agreement (Greenrose Acquisition Corp.)
Hardship. (a) In the event the Investor sells Common shares of the Advance Shares after receipt of an Advance Notice and the Company fails to perform its the obligations as mandated in Section 2.022.3, which are within the sole control of the Company, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market)enforce, without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 6 contracts
Samples: Investment Agreement (Axxess Pharma Inc.), And Restsated Investment Agreement (iHookup Social, Inc.), And Restsated Investment Agreement (iHookup Social, Inc.)
Hardship. (a) In the event the Investor sells Common Shares after receipt, or deemed receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02this Agreement, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V VI hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 5 contracts
Samples: Equity Purchase Agreement (Inception Growth Acquisition LTD), Equity Purchase Agreement (Prairie Operating Co.), Equity Purchase Agreement (OneMedNet Corp)
Hardship. (a) In the event the Investor sells Common shares of the Company’s Ordinary Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act, the Companies Law and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 5 contracts
Samples: Equity Distribution Agreement (Bos Better Online Solutions LTD), Equity Distribution Agreement (Bos Better Online Solutions LTD), Equity Distribution Agreement (Bos Better Online Solutions LTD)
Hardship. (a) In the event the Investor sells Common Shares of the Company after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and other rules of the rules SEC and of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 5 contracts
Samples: Structured Equity Financing Agreement (Society Pass Incorporated.), Equity Purchase Agreement (Helbiz, Inc.), Equity Purchase Agreement (Helbiz, Inc.)
Hardship. (a) In the event the Investor sells shares of the Company’s Common Shares Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market)enforce, without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 4 contracts
Samples: Equity Distribution Agreement (American Power Corp.), Equity Distribution Agreement (Freeseas Inc.), Equity Distribution Agreement (American Power Corp.)
Hardship. (a) In the event the Investor sells Common Ordinary Shares after receipt, or deemed receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02this Agreement, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V VI hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such defaultdefault provided that the Investor has complied with all of its obligations, to the extent relevant, as mandated in Section 3.05. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 3 contracts
Samples: Equity Purchase Agreement (Next.e.GO N.V.), Equity Purchase Agreement (Next.e.GO N.V.), Equity Purchase Agreement (Next.e.GO N.V.)
Hardship. (a) In the event the Investor sells Common Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 3 contracts
Samples: Equity Distribution Agreement (Generation Alpha, Inc.), Equity Distribution Agreement (Leafbuyer Technologies, Inc.), Equity Distribution Agreement (Micronet Enertec Technologies, Inc.)
Hardship. (a) In the event the Investor sells Common Shares of the Company after receipt delivery of an Advance a Purchase Notice and the Company fails to perform its obligations as mandated in Section 2.023.01(c), (d) and (e), the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V VI hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 2 contracts
Samples: Pre Paid Advance Agreement (Canoo Inc.), Advance Agreement (Canoo Inc.)
Hardship. (a) In the event the Investor sells Common Shares of the Company after receipt delivery of an Advance a Purchase Notice and the Company fails to perform its obligations as mandated in Section 2.023.01(c), the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V VI hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 2 contracts
Samples: Prepaid Advance Agreement (Rekor Systems, Inc.), Advance Agreement (Reborn Coffee, Inc.)
Hardship. (a) In the event the Investor sells shares of the Company’s Common Shares Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 2 contracts
Samples: Equity Distribution Agreement (China Recycling Energy Corp), Equity Distribution Agreement (China Recycling Energy Corp)
Hardship. (a) In the event the Investor sells Common Shares of the Company after receipt delivery of an Advance a Purchase Notice and the Company fails to perform its obligations as mandated in Section 2.023.01(c), the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V VI hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 2 contracts
Samples: Pre Paid Advance Agreement (Lightning eMotors, Inc.), Advance Agreement (Nutex Health, Inc.)
Hardship. (a) In the event the Investor sells Common Shares after receipt, or deemed receipt of an Advance Notice and the Company fails to materially perform its obligations as mandated in Section 2.02this Agreement, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V VI hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 2 contracts
Samples: Equity Purchase Agreement (GameSquare Holdings, Inc.), Equity Purchase Agreement (GameSquare Holdings, Inc.)
Hardship. (a) In the event the Investor sells Common Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 2 contracts
Samples: Equity Purchase Agreement (10X Capital Venture Acquisition Corp. II), Equity Purchase Agreement (Virgin Orbit Holdings, Inc.)
Hardship. (a) In the event the Investor sells Common Ordinary Shares after receipt, or deemed receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02this Agreement, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V VI hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 2 contracts
Samples: Equity Purchase Agreement (Zapp Electric Vehicles Group LTD), Equity Purchase Agreement (Zapp Electric Vehicles Group LTD)
Hardship. (a) In the event the Investor sells Common Ordinary Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 2 contracts
Samples: Equity Purchase Agreement (Hub Cyber Security Ltd.), Equity Purchase Agreement (ETAO International Co., Ltd.)
Hardship. (a) In the event the Investor sells shares of Common Shares Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 2 contracts
Samples: Investment Agreement (Meridian Waste Solutions, Inc.), Equity Distribution Agreement (Micronet Enertec Technologies, Inc.)
Hardship. (a) In the event the Investor sells Common Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Ideanomics, Inc.), Equity Distribution Agreement (Ideanomics, Inc.)
Hardship. (a) In the event the Investor sells Common Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02this Agreement, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 2 contracts
Samples: Equity Purchase Agreement (Intrusion Inc), Equity Purchase Agreement (Intrusion Inc)
Hardship. (a) In the event the Investor sells Common Ordinary Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default; provided that the Investor has complied with all of its obligations hereunder. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 2 contracts
Samples: Equity Purchase Agreement (Lilium N.V.), Equity Purchase Agreement (Lilium N.V.)
Hardship. (a) In the event the Investor sells Common Shares after receipt receipt, or deemed receipt, of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.023.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V VI hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 2 contracts
Samples: Pledge Agreement (AGBA Group Holding Ltd.), Equity Purchase Agreement (AGBA Group Holding Ltd.)
Hardship. (a) In the event the Investor sells shares of Common Shares Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 2 contracts
Samples: Equity Distribution Agreement (Cannabics Pharmaceuticals Inc.), Equity Distribution Agreement (EZTD Inc)
Hardship. (a) In the event the Investor sells Common Shares Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 2 contracts
Samples: Equity Purchase Agreement (Vsee Health, Inc.), Equity Purchase Agreement (Digital Health Acquisition Corp.)
Hardship. (a) In the event the Investor sells Common Ordinary Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 2 contracts
Samples: Equity Purchase Agreement (Energem Corp), Equity Purchase Agreement (Energem Corp)
Hardship. (a) In the event the Investor sells Common Shares after receipt receipt, or deemed receipt, of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02this Agreement, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V VII hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 2 contracts
Samples: Equity Purchase Agreement (REZOLVE AI LTD), Equity Purchase Agreement (Armada Acquisition Corp. I)
Hardship. (a) In the event the Investor sells Common Shares after receipt of an Advance Notice and If the Company fails to perform defaults in its obligations as mandated to deliver the Shares (which in Section 2.02all cases shall be freely tradable, registered shares in good deliverable form) on the Advance Settlement Date, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any direct (and not consequential) loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market)enforce, without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 2 contracts
Samples: Equity Distribution Agreement, Standby Equity Distribution Agreement (RAIT Financial Trust)
Hardship. (a) In the event the Investor sells Common Shares after receipt, or deemed receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02in this agreement, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V VI hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable and documented legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 2 contracts
Samples: Equity Purchase Agreement (SMX (Security Matters) Public LTD Co), Equity Purchase Agreement (Lionheart III Corp)
Hardship. (a) In the event the Investor sells Common shares of the Company’s Ordinary Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act, the Companies Law and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (Bos Better Online Solutions LTD)
Hardship. (a) In the event the Investor sells Common Shares after receipt receipt, or deemed receipt, of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02this Agreement, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V VI hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 1 contract
Hardship. (a) In the event the Investor sells Common Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws Laws, the Securities Act and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 1 contract
Samples: Equity Purchase Agreement (Twin Ridge Capital Acquisition Corp.)
Hardship. (a) In the event the Investor sells Common Ordinary Shares after receipt of an Advance a Purchase Notice and the Company fails to perform its obligations as mandated in Section 2.02this Agreement, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto this Agreement and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable and documented legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 1 contract
Hardship. (a) In the event the Investor sells Common Shares after receipt, or deemed receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02this Agreement, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V Article VI hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 1 contract
Hardship. (a) In the event the Investor sells shares of Common Shares Stock after receipt, or deemed receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02this Agreement, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V VI hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable and documented legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 1 contract
Hardship. (a) In the event the Investor sells Common Shares Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (KULR Technology Group, Inc.)
Hardship. (a) In the event the Investor sells Common Shares after receipt of an Advance Notice and If the Company fails to perform defaults in its obligations as mandated to deliver the Shares (which in Section 2.02all cases shall be freely tradeable, registered shares in good deliverable form) on the Advance Settlement Date or any Big Advance Settlement Date the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V Section 5.01 hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market)enforce, without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 1 contract
Samples: Equity Purchase Agreement (Cedar Shopping Centers Inc)
Hardship. (a) In the event the Investor sells Common Shares of the Company after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 1 contract
Samples: Equity Purchase Agreement (Rubicon Technologies, Inc.)
Hardship. (a) In the event the Investor sells Common Ordinary Shares after receipt, or deemed receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02in this agreement, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V VI hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 1 contract
Hardship. (a) In the event the Investor sells Common Shares after receipt, or deemed receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02this Agreement, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V VI hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 1 contract
Hardship. (a) In the event the Investor sells shares of Common Shares Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 1 contract
Hardship. (a) In the event the Investor sells Common Shares of the Company after receipt delivery of an Advance a Purchase Notice and the Company fails to perform its obligations as mandated in Section 2.023.01(c), the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V VI hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 1 contract
Samples: Pre Paid Advance Agreement (Orbital Infrastructure Group, Inc.)
Hardship. (a) In the event the Investor sells Common Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 1 contract
Samples: Equity Purchase Agreement (Trump Media & Technology Group Corp.)
Hardship. (a) In the event the Investor sells shares of the Company's Common Shares Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market)enforce, without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 1 contract
Hardship. (a) In the event the Investor sells shares of the Common Shares Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.022.3, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market)enforce, without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 1 contract
Samples: Reserve Equity Financing Agreement (Global Earth Energy, Inc.)
Hardship. (a) In the event the Investor sells shares of the Company’s Common Shares Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.022.1 and 2.2, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market)enforce, without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 1 contract
Hardship. (a) In the event the Investor sells shares of the Company’s Common Shares Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.022.03, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market)enforce, without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (Supertel Hospitality Inc)
Hardship. (a) In the event the Investor sells Common Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any documented and actual loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, directly arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 1 contract
Hardship. (a) In the event the Investor sells Common Shares of the Company after receipt delivery of an Advance a Purchase Notice and the Company fails to perform its obligations as mandated in Section 2.023.01(c), (d) and (e), the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V VI hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 1 contract
Hardship. (a) In the event the Investor sells shares of the Company’s Common Shares Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article VArticle V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market)enforce, without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 1 contract
Samples: Standby Equity Distribution Agreement (Omagine, Inc.)
Hardship. (a) In the event the Investor sells Common Advance Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses, but excluding punitive damages), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 1 contract
Samples: Equity Purchase Agreement (Galmed Pharmaceuticals Ltd.)
Hardship. (a) In the event the Investor sells Common Shares after receipt, or deemed receipt of an Advance Notice and the Company materially fails to perform its obligations as mandated in Section 2.02this Agreement, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V VI hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable and documented legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 1 contract
Hardship. (a) In the event the Investor sells Common Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02this Agreement, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 1 contract
Samples: Equity Purchase Agreement (Spectaire Holdings Inc.)
Hardship. (a) In the event the Investor sells Common Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other securitysecurity or the requirement to prove actual damages, the terms and provisions of this Agreement.
Appears in 1 contract
Hardship. (a) In the event the Investor sells Common Shares ADSs after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 1 contract
Hardship. (a) In the event the Investor sells Common Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V VI hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 1 contract
Samples: Equity Purchase Agreement (Armada Acquisition Corp. I)
Hardship. (a) In the event the Investor sells Common Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V VI hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 1 contract
Hardship. (a) In the event the Investor sells Common Shares after receipt of an Advance Notice or an Additional Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 1 contract
Hardship. (a) In the event the Investor sells Common Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, ) arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 1 contract
Hardship. (a) In the event the Investor sells Common Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act and the other rules of the Principal MarketU.S. Market and the TSX), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 1 contract
Samples: Equity Purchase Agreement (Niocorp Developments LTD)
Hardship. (a) In the event the Investor sells shares of the Company’s Common Shares Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.022.03, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V Section 5.01 hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of that any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market)enforce, without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (Rxi Pharmaceuticals Corp)
Hardship. (a) In the event the Investor sells shares of the Company’s Common Shares Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.022.03, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V Section 5.01 hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market)enforce, without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (Jag Media Holdings Inc)
Hardship. (a) In the event the Investor sells Common Shares after receipt, or deemed receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.023.05, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V VI hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to seek an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 1 contract
Samples: Equity Purchase Agreement (Banzai International, Inc.)
Hardship. (a) In the event the Investor sells Common Ordinary Shares of the Company after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses, but excluding punitive damages), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and other rules of the rules SEC and of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 1 contract
Hardship. (a) In the event the Investor sells Common Ordinary Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 1 contract
Hardship. (a) In the event the Investor sells Common Ordinary Shares after receipt, or deemed receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02this Agreement, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V VI hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 1 contract
Hardship. (a) In the event the Investor sells shares of the Company’s Common Shares Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market)enforce, without the posting of a bond or other security, the terms and provisions of this Agreement.
Appears in 1 contract
Samples: Equity Distribution Agreement (Advanced Life Sciences Holdings, Inc.)