Injunction; Damages Clause Samples

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Injunction; Damages. In the event that the Company either (A) attempts to consummate a Successor Major Transaction following the receipt of a Major Transaction Repurchase Notice or Major Transaction Early Termination Notice from a Holder without either: (1) placing the Major Transaction Repurchase Price or Successor Major Transaction Consideration or cash in an amount equal the Cash Settlement Amount applicable thereto plus accrued and unpaid interest through the date of such payment or issuance, as applicable (and any other amounts payable hereunder), in escrow in accordance with subsection (d) above, or (2) obtaining the written agreement of the Successor Entity described in subsection (e) above, or (B) attempts to consummate a Successor Major Transaction without delivering or causing to be delivered the Major Transaction Repurchase Price or Successor Major Transaction Consideration or cash in an amount equal to the Cash Settlement Amount applicable thereto, together with all other unpaid Cash Settlement Amounts, plus accrued and unpaid interest through the date of such payment or issuance, as applicable (and any other amounts payable hereunder, including the Make Whole Amount) to each Holder concurrently with consummation of such Successor Major Transaction, or (C) attempts to consummate a Non-Surviving Organic Change without obtaining the written agreement of an Acquiring Entity described in subsection (e) above, each Holder shall have the right to apply for an injunction in any state or federal court sitting in the City of New York, borough of Manhattan to prevent (as applicable) the closing of such Successor Major Transaction until the Major Transaction Repurchase Price or Successor Major Transaction Consideration or cash in an amount equal to the Cash Settlement Amount applicable thereto plus accrued and unpaid interest through the date of such payment or issuance, as applicable (and any other amounts payable hereunder) is delivered to such Holder in full, or to prevent the consummation of such Non-Surviving Organic Change until the Company shall have complied with its obligation under subsection (d) above, as applicable.
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Injunction; Damages. In the event that the Company attempts to consummate a transaction constituting a Change of Control without delivering or causing to be delivered in cash 100% of the principal amount of the Notes, plus the Make Whole Amount, plus accrued and unpaid interest, if any, and any amounts then due and payable prior to or concurrently with consummation of such transaction, each Holder shall have the right to apply for an injunction in any state or federal court sitting in the City of New York, borough of Manhattan to prevent (as applicable) the closing of such transaction until such amounts plus accrued and unpaid interest through the date of such payment (and any other amounts payable hereunder) is delivered in cash to such Holder in full.
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Injunction; Damages. Client recognizes and acknowledges that irreparable injury or damage will result in the event the Intellectual Property is made public or in the event of a breach, or threatened breach of this Agreement, including, without limitation, Article 6. Client therefore agrees that Company will be entitled to an injunction restraining Client and its respective affiliates, advisors, employees, attorneys and agents from engaging in any activity constituting such breach of threatened breach of this Agreement, including, without limitation, Article 6. Nothing herein will be construed as prohibiting Company from pursuing any other remedies available at law or in equity for such breach or threatened breach, including, but not limited to, the recovery of damages.
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Related to Injunction; Damages

  • Injunctive Relief; Punitive Damages (a) The Borrower recognizes that, in the event the Borrower fails to perform, observe or discharge any of its obligations or liabilities under this Agreement, any remedy of law may prove to be inadequate relief to the Lenders. Therefore, the Borrower agrees that the Lenders, at the Lenders’ option, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages. (b) The Administrative Agent, the Lenders and the Borrower (on behalf of itself and the other Credit Parties) hereby agree that no such Person shall have a remedy of punitive or exemplary damages against any other party to a Loan Document and each such Person hereby waives any right or claim to punitive or exemplary damages that they may now have or may arise in the future in connection with any Dispute, whether such Dispute is resolved through arbitration or judicially.

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

  • Injunctive Relief and Additional Remedy The Executive acknowledges that the injury that would be suffered by the Employer as a result of a breach of the provisions of this Agreement (including any provision of Sections 7 and 8) would be irreparable and that an award of monetary damages to the Employer for such a breach would be an inadequate remedy. Consequently, the Employer will have the right, in addition to any other rights it may have, to obtain injunctive relief to restrain any breach or threatened breach or otherwise to specifically enforce any provision of this Agreement, and the Employer will not be obligated to post bond or other security in seeking such relief. Without limiting the Employer's rights under this Section 9 or any other remedies of the Employer, if the Executive breaches any of the provisions of Section 7 or 8, the Employer will have the right to cease making any payments otherwise due to the Executive under this Agreement.

  • Specific Performance; Injunctive Relief The parties hereto acknowledge that Parent will be irreparably harmed and that there will be no adequate remedy at law for a violation of any of the covenants or agreements of Stockholder set forth herein. Therefore, it is agreed that, in addition to any other remedies that may be available to Parent upon any such violation, Parent shall have the right to enforce such covenants and agreements by specific performance, injunctive relief or by any other means available to Parent at law or in equity.

  • Injunctive Relief The Borrower recognizes that, in the event the Borrower fails to perform, observe or discharge any of its obligations or liabilities under this Agreement, any remedy of law may prove to be inadequate relief to the Lenders. Therefore, the Borrower agrees that the Lenders, at the Lenders’ option, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.