Common use of Injunctive Relief; Punitive Damages Clause in Contracts

Injunctive Relief; Punitive Damages. (a) Each Guarantor recognizes that, in the event such Guarantor fails to perform, observe or discharge any of its obligations or liabilities under this Guaranty, any remedy of law may prove to be inadequate relief to the Administrative Agent and the Secured Parties. Therefore, each Guarantor agrees that the Administrative Agent and the Secured Parties, at 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 and each Guarantor hereby agree that no such Person shall have a remedy of punitive or exemplary damages against any other party to this Guaranty, the Credit Agreement, the Notes or the other Loan Documents 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, claim or controversy arising out of, connected with or relating to this Guaranty or any Loan Document.

Appears in 3 contracts

Samples: Credit Agreement (Blackbaud Inc), Guaranty Agreement (Blackbaud Inc), Credit Agreement (Blackbaud Inc)

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Injunctive Relief; Punitive Damages. (a) Each Guarantor recognizes that, in the event such Guarantor fails to perform, observe or discharge any of its obligations or liabilities under this GuarantyGuaranty or any other Loan Document, any remedy of law may prove to be inadequate relief to the Administrative Agent and the other Secured Parties. Therefore, each Guarantor agrees that the Administrative Agent and the other Secured Parties, at the Required Lenders’ optionoption of the Administrative Agent and the other Secured 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 Agent, the other Secured Parties and each Guarantor hereby agree that no such Person shall have a remedy of punitive or exemplary damages against any other party to this Guaranty, the Credit Agreement, the Notes or the other a Loan Documents 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 disputeDispute, claim whether such Dispute is resolved through arbitration or controversy arising out of, connected with or relating to this Guaranty or any Loan Documentjudicially.

Appears in 2 contracts

Samples: Guaranty Agreement (Broadview Networks Holdings Inc), Guaranty Agreement (Broadview Networks Holdings Inc)

Injunctive Relief; Punitive Damages. (a) Each Subsidiary Guarantor recognizes that, in the event such Subsidiary Guarantor fails to perform, observe or discharge any of its obligations or liabilities under this GuarantySubsidiary Guaranty or any other Loan Document, any remedy of law may prove to be inadequate relief to the Administrative Agent and the other Secured Parties. Therefore, each Subsidiary Guarantor agrees that the Administrative Agent and the other Secured Parties, at the Required Lenders’ optionoption of the Administrative Agent and the other Secured 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 Agent, the other Secured Parties and each Subsidiary Guarantor hereby agree that no such Person shall have a remedy of punitive or exemplary damages against any other party to this Guaranty, the Credit Agreement, the Notes or the other a Loan Documents 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 disputeDispute, claim whether such Dispute is resolved through arbitration or controversy arising out of, connected with or relating to this Guaranty or any Loan Documentjudicially.

Appears in 2 contracts

Samples: Credit Agreement (AbitibiBowater Inc.), Credit Agreement (AbitibiBowater Inc.)

Injunctive Relief; Punitive Damages. (a) Each Subsidiary Guarantor recognizes that, in the event such Subsidiary Guarantor fails to perform, observe or discharge any of its obligations or liabilities under this Guaranty, any remedy of law may prove to be inadequate relief to the Administrative Agent and the Secured PartiesLenders. Therefore, each Subsidiary Guarantor agrees that the Administrative Agent and the Secured PartiesLenders, at the Administrative Agent’s option 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 and each Subsidiary Guarantor hereby agree that no such Person shall have a remedy of punitive or exemplary damages against any other party to this Guaranty, the Credit Agreement, the Notes or the other Loan Documents Guaranty 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 disputeDispute, claim whether such Dispute is resolved through arbitration or controversy arising out of, connected with or relating to this Guaranty or any Loan Documentjudicially.

Appears in 1 contract

Samples: Subsidiary Guaranty Agreement (SCP Pool Corp)

Injunctive Relief; Punitive Damages. (a) Each Guarantor recognizes that, in the event such Guarantor fails to perform, observe or discharge any of its obligations or liabilities under this Guaranty, any remedy of law may prove to be inadequate relief to the Administrative Agent and the Secured PartiesLenders. Therefore, each Guarantor agrees that the Administrative Agent and the Secured PartiesLenders, at the Required Lenders’ their 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 and each Guarantor hereby agree that no such Person shall have a remedy of punitive or exemplary damages against any other party to this Guaranty, the Credit Agreement, the Notes or the other Loan Documents 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 disputeDispute, claim whether such Dispute is resolved through arbitration or controversy arising out of, connected with or relating to this Guaranty or any Loan Documentjudicially.

Appears in 1 contract

Samples: Guaranty Agreement (Blackbaud Inc)

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Injunctive Relief; Punitive Damages. (a) Each Guarantor recognizes that, in the event such Guarantor fails to perform, observe or discharge any of its obligations or liabilities under this Guaranty, any remedy of law may prove to be inadequate relief to the Administrative Agent and the Secured PartiesLenders. Therefore, each Guarantor agrees that the Administrative Agent and the Secured PartiesLenders, at 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 and each Guarantor hereby agree that no such Person shall have a remedy of punitive or exemplary damages against any other party to this Guaranty, the Credit Agreement, the Notes or the other Loan Documents 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 disputeDispute, claim whether such Dispute is resolved through arbitration or controversy arising out of, connected with or relating to this Guaranty or any Loan Documentjudicially.

Appears in 1 contract

Samples: Guaranty Agreement (Blackbaud Inc)

Injunctive Relief; Punitive Damages. (a) Each Subsidiary Guarantor recognizes that, in the event such Subsidiary Guarantor fails to perform, observe or discharge any of its obligations or liabilities under this GuarantySubsidiary Guaranty or any other Loan Document, any remedy of law may prove to be inadequate relief to the Administrative Agent and the other Secured Parties. Therefore, each Subsidiary Guarantor agrees that the Administrative Agent and the other Secured Parties, at the Required Lenders’ optionoption of the Administrative Agent and the other Secured 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 Agent, the other Secured Parties and each Subsidiary Guarantor hereby agree that no such Person shall have a remedy of punitive or exemplary damages against any other party to this Guaranty, the Credit Agreement, the Notes or the other a Loan Documents 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 disputeDispute, claim whether such Dispute is resolved through arbitration or controversy arising out of, connected with or relating to this Guaranty or any Loan Documentjudicially.

Appears in 1 contract

Samples: Credit Agreement (Lmi Aerospace Inc)

Injunctive Relief; Punitive Damages. (a) Each Guarantor recognizes that, in the event such Guarantor fails to perform, observe or discharge any of its obligations or liabilities under this Guaranty, any remedy of law may prove to be inadequate relief to the Administrative Agent and the Secured PartiesLenders. Therefore, each Guarantor agrees that the Administrative Agent and the Secured PartiesLenders, at 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 and each Guarantor hereby agree that no such Person shall have a remedy of punitive or exemplary damages against any other party to this Guaranty, the Credit Agreement, the Notes or the other Loan Documents 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, claim or controversy arising out of, connected with or relating to this Guaranty or any Loan Document.

Appears in 1 contract

Samples: Guaranty Agreement (Blackbaud Inc)

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