Common use of Injunctive Relief; Punitive Damages Clause in Contracts

Injunctive Relief; Punitive Damages. (a) Each Borrower recognizes that, in the event such 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, each 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 each Borrower hereby agree that no such Person shall have a remedy of special, indirect, punitive or consequential damages against any other party to a Loan Document and each such Person hereby waives any right or claim to special, indirect, punitive or consequential 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; provided, however, that nothing in the preceding sentence shall limit any Borrower’s indemnity and reimbursement obligations under Section 13.3 to the extent special, indirect, consequential or punitive damages are included in any third party claim with respect to which the applicable Indemnitee is entitled to indemnification under Section 13.3.

Injunctive Relief; Punitive Damages. (a) Each Borrower recognizes that, in the event such if any 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, each 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 each Lender and each Borrower (on behalf of itself and its Subsidiaries) hereby agree that no such Person shall have a remedy of special, indirect, punitive or consequential exemplary damages against any other party to a Loan Document and each such Person hereby waives any right or claim to special, indirect, punitive or consequential 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; provided, however, . (c) The parties agree that nothing they shall not have a remedy of punitive or exemplary damages against any other party in any Dispute and hereby waive any right or claim to punitive or exemplary damages they have now or which may arise in the preceding sentence shall limit future in connection with any Borrower’s indemnity and reimbursement obligations under Section 13.3 to Dispute whether the extent special, indirect, consequential Dispute is resolved by arbitration or punitive damages are included in any third party claim with respect to which the applicable Indemnitee is entitled to indemnification under Section 13.3judicially.

Injunctive Relief; Punitive Damages. (a) Each Borrower recognizes The Borrowers recognize that, in the event such Borrower any Borrowers 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, each 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 Each Agent, the Lenders each Lender and each Borrower (on behalf of itself and its Subsidiaries) hereby agree that no such Person shall have a remedy of specialpunitive, indirect, punitive exemplary or consequential damages against any other party to a Loan Document and each such Person hereby waives any right or claim to specialpunitive, indirect, punitive exemplary or consequential damages that they may now have or may arise in the future in connection with any Dispute, Dispute whether such Dispute is resolved through arbitration or judicially; provided. (c) The parties agree that they shall not have a remedy of punitive, howeverexemplary or consequential damages against any other party in any Dispute and hereby waive any right or claim to punitive, that nothing exemplary or consequential damages they have now or which may arise in the preceding sentence shall limit future in connection with any Borrower’s indemnity and reimbursement obligations under Section 13.3 to the extent special, indirect, consequential or punitive damages are included in any third party claim with respect to which the applicable Indemnitee is entitled to indemnification under Section 13.3Dispute.

Injunctive Relief; Punitive Damages. (a) Each Borrower recognizes The Borrowers recognize that, in the event such Borrower fails the Borrowers fail to perform, observe or discharge any of its their obligations or liabilities under this Agreement, any remedy of law may prove to be inadequate relief to the Lenders. Therefore, each Borrower agrees the Borrowers agree 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 Borrowers (on behalf of themselves and each Borrower Subsidiary) hereby agree that no such Person shall have a remedy of special, indirect, punitive or consequential exemplary damages against any other party to a Loan Document and each such Person hereby waives any right or claim to special, indirect, punitive or consequential 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; provided, however, . (c) The parties agree that nothing they shall not have a remedy of punitive or exemplary damages against any other party in any Dispute and hereby waive any right or claim to punitive or exemplary damages they have now or which may arise in the preceding sentence shall limit future in connection with any Borrower’s indemnity and reimbursement obligations under Section 13.3 to Dispute whether the extent special, indirect, consequential Dispute is resolved by arbitration or punitive damages are included in any third party claim with respect to which the applicable Indemnitee is entitled to indemnification under Section 13.3judicially.

Injunctive Relief; Punitive Damages. (a) Each Borrower recognizes The Borrowers recognize that, in the event such Borrower fails the Borrowers fail to perform, observe or discharge any of its their obligations or liabilities under this Agreement, any remedy of law may prove to be inadequate relief to the Lenders. Therefore, each Borrower agrees the Borrowers agree 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 Borrowers (on behalf of themselves and each Borrower Subsidiary) hereby agree that no such Person shall have a remedy of special, indirect, punitive or consequential exemplary damages against any other party to a Loan Document and each such Person hereby waives any right or claim to special, indirect, punitive or consequential 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; provided, however, . (c) The parties agree that nothing they shall not have a remedy of punitive or exemplary damages against any other party in any Dispute and hereby waive any right or claim to punitive or exemplary damages they have now or which may arise in the preceding sentence shall limit future in connection with any Borrower’s indemnity and reimbursement obligations under Section 13.3 to Dispute whether the extent special, indirect, consequential Dispute is resolved by arbitration or punitive damages are included in any third party claim with respect to which the applicable Indemnitee is entitled to indemnification under Section 13.3judicially.

Injunctive Relief; Punitive Damages. (a) Each Borrower recognizes that, in the event such 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, each 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 each Borrower hereby agree that no such Person shall have a remedy of special, indirect, punitive or consequential damages against any other party to a Loan Document and each such Person hereby waives any right or claim to special, indirect, punitive or consequential damages that they may now have or may arise in the future in connection with any DisputeDisputedispute , whether such Dispute Disputedispute is resolved through arbitration or judicially; provided, however, that nothing in the preceding sentence shall limit any Borrower’s indemnity and reimbursement obligations under Section 13.3 to the extent special, indirect, consequential or punitive damages are included in any third party claim with respect to which the applicable Indemnitee is entitled to indemnification under Section 13.3.

Injunctive Relief; Punitive Damages. (a) Each Borrower Credit Party recognizes that, in the event any such Borrower Person 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, each Borrower Credit Party 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 each Borrower Credit Party (on behalf of itself and its Subsidiaries) hereby agree that no such Person shall have a remedy of special, indirect, punitive or consequential exemplary damages against any other party to a Loan Credit Document and each such Person hereby waives any right or claim to special, indirect, punitive or consequential 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; provided, however, . (c) The parties agree that nothing they shall not have a remedy of punitive or exemplary damages against any other party in any Dispute and hereby waive any right or claim to punitive or exemplary damages they have now or which may arise in the preceding sentence shall limit future in connection with any Borrower’s indemnity and reimbursement obligations under Section 13.3 to Dispute whether the extent special, indirect, consequential Dispute is resolved by arbitration or punitive damages are included in any third party claim with respect to which the applicable Indemnitee is entitled to indemnification under Section 13.3judicially.

Injunctive Relief; Punitive Damages. (a) Each Borrower recognizes The Borrowers recognize that, in the event such Borrower fails the Borrowers fail to perform, observe or discharge any of its their obligations or liabilities under this Agreement, any remedy of law may prove to be inadequate relief to the Lenders. Therefore, each Borrower agrees the Borrowers agree 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 each Borrower (on behalf of itself and its Subsidiaries) hereby agree that no such Person shall have a remedy of special, indirect, punitive or consequential exemplary damages against any other party to a Loan Document and each such Person hereby waives any right or claim to special, indirect, punitive or consequential 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; provided, however, . (c) The parties agree that nothing they shall not have a remedy of punitive or exemplary damages against any other party in any Dispute and hereby waive any right or claim to punitive or exemplary damages they have now or which may arise in the preceding sentence shall limit future in connection with any Borrower’s indemnity and reimbursement obligations under Section 13.3 to Dispute whether the extent special, indirect, consequential Dispute is resolved by arbitration or punitive damages are included in any third party claim with respect to which the applicable Indemnitee is entitled to indemnification under Section 13.3judicially.

Injunctive Relief; Punitive Damages. (a) Each Borrower recognizes that, in the event such 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, each 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 each Borrower hereby agree that no such Person shall have a remedy of special, indirect, punitive or consequential damages against any other party to a Loan Document and each such Person hereby waives any right or claim to special, indirect, punitive or consequential 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.; provided, however, that nothing in the preceding sentence shall limit any Borrower’s indemnity and reimbursement obligations under Section 13.3 to the extent special, indirect, consequential or punitive damages are included in any third party claim with respect to which the applicable Indemnitee is entitled to indemnification under Section 13.3.

Injunctive Relief; Punitive Damages. (a1) Each Borrower recognizes The Borrowers recognize that, in the event such Borrower fails the Borrowers fail to perform, observe or discharge any of its their obligations or liabilities under this Agreement, any remedy of law may prove to be inadequate relief to the Lenders. Therefore, each Borrower agrees the Borrowers agree that the Lenders, at the Lenders’ Lenders option, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages. (b2) The Administrative Agent, the Lenders and each Borrower Wilmar (on behalf of itself and its Subsidiaries) hereby agree that no such Person shall have a remedy of special, indirect, punitive or consequential exemplary damages against any other party to a Loan Document and each such Person hereby waives any right or claim to special, indirect, punitive or consequential 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; provided, however, . (3) The parties agree that nothing they shall not have a remedy of punitive or exemplary damages against any other party in any Dispute and hereby waive any right or claim to punitive or exemplary damages they have now or which may arise in the preceding sentence shall limit future in connection with any Borrower’s indemnity and reimbursement obligations under Section 13.3 to Dispute whether the extent special, indirect, consequential Dispute is resolved by arbitration or punitive damages are included in any third party claim with respect to which the applicable Indemnitee is entitled to indemnification under Section 13.3judicially.