Common use of Injunctive Relief and Additional Remedies Clause in Contracts

Injunctive Relief and Additional Remedies. The Undersigned acknowledges that the injury that would be suffered by Spirit or the Company as a result of a breach of the provisions of this Agreement (including any provision of Section 3) would be irreparable and that an award of monetary damages to Spirit or the Company, as the case may be, for such a breach would be an inadequate remedy. Consequently, each of Spirit and the Company shall have the right, in addition to any other rights it may have, to seek specific performance, to obtain injunctive relief to restrain any proposed or actual breach or threatened breach or otherwise to specifically enforce any provision of this Agreement without the obligation to post bond or other security in seeking such relief. Such equitable remedies are in addition to the right to obtain compensatory and punitive damages and attorney’s fees, and, notwithstanding Spirit’s or the Company’s, as the case may be, right to so seek damages, the Undersigned waives any defense that an adequate remedy for Spirit or the Company, as the case may be, exists under law. If the Undersigned, on the one hand, or Spirit or the Company, on the other hand, must bring suit to enforce this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees and costs related thereto.

Appears in 2 contracts

Samples: Director Support Agreement (Spirit of Texas Bancshares, Inc.), Director Support Agreement (Spirit of Texas Bancshares, Inc.)

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Injunctive Relief and Additional Remedies. The Undersigned Director acknowledges that the injury that would be suffered by Spirit BFST or the Company PBI as a result of a breach of the provisions of this Agreement (including any provision of Section 3) would be irreparable and that an award of monetary damages to Spirit BFST or the CompanyPBI, as the case may be, for such a breach would be an inadequate remedy. Consequently, each of Spirit BFST and the Company shall PBI will have the right, in addition to any other rights it may have, to seek specific performance, to obtain injunctive relief to restrain any proposed or actual breach or threatened breach or otherwise to specifically enforce any provision of this Agreement without the obligation to post bond or other security in seeking such relief. Such equitable remedies are in addition to the right to obtain compensatory and punitive damages damages, and attorney’s fees, and, notwithstanding SpiritBFST’s or the CompanyPBI’s, as the case may be, right to so seek damages, the Undersigned Director waives any defense that an adequate remedy for Spirit BFST or the CompanyPBI, as the case may be, exists under law. If the UndersignedDirector, on the one hand, or Spirit BFST or the CompanyPBI, on the other hand, must bring suit to enforce this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees and costs related thereto.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Business First Bancshares, Inc.)

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Injunctive Relief and Additional Remedies. The Undersigned acknowledges that the injury that would be suffered by Spirit Allegiance or the Company as a result of a breach of the provisions of this Agreement (including any provision of Section 3) would be irreparable and that an award of monetary damages to Spirit Allegiance or the Company, as the case may be, for such a breach would be an inadequate remedy. Consequently, each of Spirit Allegiance and the Company shall will have the right, in addition to any other rights it may have, to seek specific performance, to obtain injunctive relief to restrain any proposed or actual breach or threatened breach or otherwise to specifically enforce any provision of this Agreement without the obligation to post bond or other security in seeking such relief. Such equitable remedies are in addition to the right to obtain compensatory and punitive damages damages, and attorney’s fees, and, notwithstanding SpiritAllegiance’s or the Company’s, as the case may be, right to so seek damages, the Undersigned waives any defense that an adequate remedy for Spirit Allegiance or the Company, as the case may be, exists under law. If the Undersigned, on the one hand, or Spirit Allegiance or the Company, on the other hand, must bring suit to enforce this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees and costs related thereto.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Allegiance Bancshares, Inc.)

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