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.
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.
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.
