Common use of Injunctive Relief; Punitive Damages Clause in Contracts

Injunctive Relief; Punitive Damages. (a) The Borrowers recognize that, in the event 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) Each Agent, each Lender and each Borrower (on behalf of itself and its Subsidiaries) 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. (c) The parties agree that 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 future in connection with any Dispute whether the Dispute is resolved by arbitration or judicially.

Appears in 1 contract

Samples: Credit Agreement (GTS Duratek Inc)

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Injunctive Relief; Punitive Damages. (a) The Borrowers recognize Borrower recognizes that, in the event any Borrowers the 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 LendersLender. Therefore, each the Borrower agrees that the LendersLender, at the Lenders' its option, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages. (b) Each Agent, each The Lender and each Borrower (on behalf of itself and its Subsidiaries) 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. (c) The parties agree that 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 future in connection with any Dispute whether the Dispute is resolved by arbitration or judicially.

Appears in 1 contract

Samples: Credit Agreement (Edutrek Int Inc)

Injunctive Relief; Punitive Damages. (a) The Borrowers recognize that, in the event any the Borrowers fails 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) Each The Administrative Agent, each Lender Lenders and each Borrower the Borrowers (on behalf of itself themselves and its Subsidiarieseach Subsidiary) hereby agree that no such Person shall have a remedy of special, indirect, consequential, punitive or exemplary damages against any other party to a Loan Document and each such Person hereby waives any right or claim to any special, indirect, consequential, 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. (c) The parties agree that they shall not have a remedy of special, indirect, consequential, punitive or exemplary damages against any other party in any Dispute and hereby waive any right or claim to special, indirect, consequential, punitive or exemplary damages they have now or which may arise in the future in connection with any Dispute whether the Dispute is resolved by arbitration or judicially.

Appears in 1 contract

Samples: Credit Agreement (Urban Outfitters Inc)

Injunctive Relief; Punitive Damages. (a) The Borrowers recognize Borrower recognizes that, in the event any Borrowers the 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 the 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) Each The Agent, each Lender and each Borrower (on behalf of itself and its Subsidiaries) hereby agree agrees 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 Disputejudicial proceeding, dispute, claim or controversy arising out of, connected with or relating to the Notes or any other Loan Documents ("Disputes"), whether such Dispute is resolved through arbitration or judicially. (c) The parties agree that 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 future in connection with any Dispute whether the Dispute is resolved by arbitration or judicially.

Appears in 1 contract

Samples: Credit Agreement (Golf Trust of America Inc)

Injunctive Relief; Punitive Damages. (a) The Borrowers recognize Each Borrower recognizes that, in the event any Borrowers Borrower fails to perform, observe or discharge any of its respective 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) Each The Administrative Agent, each Lender the Lenders and each Borrower (on behalf of itself and its Subsidiaries) hereby agree that no such Person the Borrowers shall not have a remedy of punitive or exemplary damages against any other party to a Loan Document and each such Person Borrower hereby waives any right or claim to punitive or exemplary damages that they it may now have or may arise in the future in connection with any Dispute, whether such Dispute is resolved through arbitration or judicially. (c) The parties agree that they . Each Borrower shall not have a remedy of punitive or exemplary damages against any other party in any Dispute and each Borrower hereby waive waives any right or claim to punitive or exemplary damages they have it has now or which may arise in the future in connection with any Dispute whether the Dispute is resolved by arbitration or judicially.

Appears in 1 contract

Samples: Credit Agreement (Planvista Corp)

Injunctive Relief; Punitive Damages. (a) The Borrowers recognize Borrower recognizes that, in the event any Borrowers the Borrower fails to perform, observe or discharge any of its respective obligations or liabilities under this Agreement, any remedy of law may prove to be inadequate relief to the Lenders. Therefore, each the 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) Each The Administrative Agent, each Lender the Lenders and each the Borrower (on behalf of itself and its Subsidiaries) hereby agree that no such Person the Borrower shall not have a remedy of punitive or exemplary damages against any other party to a Loan Document and each such Person the Borrower 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. (c) . The parties agree that they Borrower shall not have a remedy of punitive or exemplary damages against any other party in any Dispute and hereby waive waives any right or claim to punitive or exemplary damages they have it has now or which may arise in the future in connection with any Dispute whether the Dispute is resolved by arbitration or judicially.

Appears in 1 contract

Samples: Credit Agreement (Planvista Corp)

Injunctive Relief; Punitive Damages. (a) The Borrowers recognize Borrower recognizes that, in the event any Borrowers the 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 the 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) Each AgentThe Agents, each Lender the Lenders and each the Borrower (on behalf of itself and its Subsidiaries) 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 Disputejudicial proceeding, dispute, claim or controversy arising out of, connected with or relating to the Notes or any other Loan Documents ("Disputes"), whether such Dispute is resolved through arbitration or judicially. (c) The parties agree that 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 future in connection with any Dispute whether the Dispute is resolved by arbitration or judicially.

Appears in 1 contract

Samples: Credit Agreement (Golf Trust of America Inc)

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Injunctive Relief; Punitive Damages. (a) The Borrowers recognize Each Borrower recognizes that, in the event any Borrowers 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) Each The Agent, each Lender the Lenders and each Borrower (on behalf of itself and its Subsidiaries) 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. (c) The parties agree that 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 future in connection with any Dispute whether the Dispute is resolved by arbitration or judicially.

Appears in 1 contract

Samples: Credit Agreement (Cornerstone Realty Income Trust Inc)

Injunctive Relief; Punitive Damages. (a) The 13.11.1 Each of the Borrowers recognize recognizes that, in the event any the Borrowers fails fail to perform, observe or discharge any of its obligations or liabilities under this AgreementAgreement or any of the other Loan Documents, any remedy of law may prove to be inadequate relief to the Lenders. Therefore, each Borrower of the Borrowers 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) Each 13.11.2 The Agent, each Lender Lenders and each Borrower Borrowers (on behalf of itself themselves and its their respective Subsidiaries) 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. (c) 13.11.3 The parties agree that 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 future in connection with any Dispute whether the Dispute is resolved by arbitration or judicially.

Appears in 1 contract

Samples: Credit Agreement (Imagemax Inc)

Injunctive Relief; Punitive Damages. (a) The Borrowers Obligors recognize that, in the event any Borrowers fails the Obligors 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 Obligors agree that the Lenders, at the Lenders' option, shall be entitled to seek and pursue all available equitable relief, including, but not limited to, temporary and permanent injunctive relief in any such case without the necessity of proving actual damages. (b) Each The Agent, each Lender Lenders and each Borrower (on behalf of itself and its Subsidiaries) the Obligors 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. (c) The parties agree that 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 future in connection with any Dispute whether the Dispute is resolved by arbitration or judicially.

Appears in 1 contract

Samples: Loan Agreement (Stanley-Martin Communities, LLC)

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