Common use of Injunctive Relief; Punitive Damages Clause in Contracts

Injunctive Relief; Punitive Damages. (a) The Borrowers recognize that, in the event the Borrowers fail to perform, observe or discharge any of their obligations or liabilities under this Agreement, any remedy of law may prove to be inadequate relief to the Administrative and the Lenders. Therefore, the Borrowers agree that the Administrative Agent and the Lenders, at the Administrative Agent’s or the Required 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 US Borrower (on behalf of itself and the 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.

Appears in 3 contracts

Samples: Credit Agreement (SCP Pool Corp), Credit Agreement (SCP Pool Corp), Amendment to Credit Agreement (SCP Pool Corp)

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Injunctive Relief; Punitive Damages. (a) The Borrowers recognize that, in the event the Borrowers fail to perform, observe or discharge any of their obligations or liabilities under this Agreement, any remedy of law may prove to be inadequate relief to the Administrative and the Lenders. Therefore, the Borrowers agree that the Administrative Agent and the Lenders, at the Administrative Agent’s or the Required 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 US Borrower (on behalf of itself and the Credit Parties) hereby agree that no such Person shall have a remedy of punitive punitive, exemplary or exemplary consequential 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.

Appears in 1 contract

Samples: Credit Agreement (Pool Corp)

Injunctive Relief; Punitive Damages. (a) The Borrowers recognize Holdings recognizes that, in the event the Borrowers fail it fails to perform, observe or discharge any of their its obligations or liabilities under this AgreementHoldings Guaranty or any other Loan Document, any remedy of law may prove to be inadequate relief to the Administrative Agent and the LendersSecured Parties. Therefore, the Borrowers agree Holdings agrees that the Administrative Agent and the LendersSecured Parties, at the option of the Administrative Agent’s or Agent and the Required Lenders’ optionSecured Parties, 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 Secured Parties and the US Borrower (on behalf of itself and the Credit Parties) Holdings 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 such Person may now have or may arise in the future in connection with any Dispute, whether such Dispute is resolved through arbitration or judicially.

Appears in 1 contract

Samples: Holdings Guaranty Agreement (DynCorp International LLC)

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Injunctive Relief; Punitive Damages. (a) The Borrowers Credit Parties recognize that, in the event the Borrowers Credit Parties fail to perform, observe or discharge any of their obligations or liabilities under this Agreement, any remedy of law may prove to be inadequate relief to the Administrative Agent’s and the Lenders. Therefore, the Borrowers Credit Parties agree that the Administrative Agent Agent’s and the Lenders, at the Administrative Agent’s or and the Required 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 US Borrower each Credit Party hereto (on behalf of itself and the 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.

Appears in 1 contract

Samples: Credit Agreement (PRA International)

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