Irreparable Harm. The Executive acknowledges that: (i) the Executive’s compliance with this Agreement is necessary to preserve and protect the proprietary rights, Confidential Information and the goodwill of the Company and its subsidiaries as going concerns; (ii) any failure by the Executive to comply with the provisions of this Agreement shall result in irreparable and continuing injury for which there will be no adequate remedy at law; and (iii) in the event that the Executive should fail to comply with the terms and conditions of this Agreement, the Company shall be entitled, in addition to such other relief as may be proper, to all types of equitable relief (including, but not limited to, the issuance of an injunction and/or temporary restraining order) as may be necessary to cause the Executive to comply with this Agreement, to restore to the Company its property, and to make the Company whole.
Appears in 20 contracts
Samples: Employment Agreement (Advanced Life Sciences Holdings, Inc.), Employment Agreement (Advanced Life Sciences Holdings, Inc.), Employment Agreement (Advanced Life Sciences Holdings, Inc.)
Irreparable Harm. The Executive acknowledges that: (i) the ---------------- Executive’s 's compliance with this Agreement Section is necessary to preserve and protect the proprietary rightsConfidential Information, Confidential Information Inventions or Developments and the goodwill of the Company and its subsidiaries Affiliates as going concerns; (ii) any failure by the Executive to comply with the provisions of this Agreement shall Section will result in irreparable and continuing injury for which there will be no adequate remedy at law; and (iii) in the event that the Executive should fail to comply with the terms and conditions of this AgreementSection, the Company shall be entitled, in addition to such other relief as may be proper, to all types of equitable relief (including, but not limited to, the issuance of an injunction and/or temporary restraining order) as may be necessary to cause the Executive to comply with this AgreementSection, to restore to the Company its property, and to make the Company whole.
Appears in 6 contracts
Samples: Employment Agreement (Smurfit Stone Container Corp), Employment Agreement (Smurfit Stone Container Corp), Employment Agreement (Smurfit Stone Container Corp)
Irreparable Harm. The Executive acknowledges that: (i) the Executive’s 's compliance with this Agreement Section 7 is necessary to preserve and protect the proprietary rightsConfidential Information, Confidential Information and the goodwill of the Company and its subsidiaries affiliates as going concerns; (ii) any failure by the Executive to comply with the provisions of this Agreement shall Section may result in irreparable and continuing injury for which there will may be no adequate remedy at law; and (iii) in the event that the Executive should fail to comply with the terms and conditions of this AgreementSection, the Company shall be entitled, in addition to such other relief as may be proper, to seek all types of equitable relief (including, but not limited to, the issuance of an injunction and/or temporary restraining order) as may be necessary to cause the Executive to comply with this AgreementSection, to restore to the Company its property, and to make the Company whole.
Appears in 5 contracts
Samples: Change in Control Severance Agreement (Hawthorn Bancshares, Inc.), Change in Control Severance Agreement (Kansas City Power & Light Co), Change in Control Severance Agreement (Kansas City Power & Light Co)
Irreparable Harm. The Executive acknowledges that: (i) the Executive’s compliance with this Agreement is necessary to preserve and protect the proprietary rights, Confidential Information and the goodwill of the Company and its subsidiaries as going concerns; (ii) any failure by the Executive to comply with the provisions of this Agreement shall will result in irreparable and continuing injury for which there will be no adequate remedy at law; and (iii) in the event that the Executive should fail to comply with the terms and conditions of this Agreement, the Company shall be entitled, in addition to such other relief as may be proper, to all types of equitable relief (including, but not limited to, the issuance of an injunction and/or temporary restraining order) as may be necessary to cause the Executive to comply with this Agreement, to restore to the Company its property, and to make the Company whole.
Appears in 5 contracts
Samples: Employment Agreement (Transportation Technologies Industries Inc), Employment Agreement (Transportation Technologies Industries Inc), Employment Agreement (Transportation Technologies Industries Inc)
Irreparable Harm. The Executive acknowledges that: (i) the Executive’s 's compliance with this Agreement is necessary to preserve and protect the proprietary rights, Confidential Information and the goodwill of the Company and its subsidiaries as going concerns; (ii) any failure by the Executive to comply with the provisions of this Agreement shall result in irreparable and continuing injury for which there will be no adequate remedy at law; and (iii) in the event that the Executive should fail to comply with the terms and conditions of this Agreement, the Company shall be entitled, in addition to such other relief as may be proper, to all types of equitable relief (including, but not limited to, the issuance of an injunction and/or temporary restraining order) as may be necessary to cause the Executive to comply with this Agreement, to restore to the Company its property, and to make the Company whole.
Appears in 4 contracts
Samples: Employment Agreement (Advanced Life Sciences Holdings, Inc.), Employment Agreement (Advanced Life Sciences Holdings, Inc.), Employment Agreement (Advanced Life Sciences Holdings, Inc.)
Irreparable Harm. The Executive acknowledges that: (ia) the Executive’s compliance with this Agreement Article V is necessary to preserve and protect the proprietary rightsConfidential Information, Confidential Information Inventions or Developments and the goodwill of the Company and its subsidiaries as a going concernsconcern; (iib) any failure by the Executive to comply with the provisions of this Agreement shall Section will result in irreparable and continuing injury for which there will be no adequate remedy at law; and (iiic) in the event that the Executive should fail to comply with the terms and conditions of this AgreementArticle V, the Company shall be entitled, in addition to such other relief as may be proper, to all types of equitable relief (including, but not limited to, the issuance of an injunction and/or temporary restraining order) as may be necessary to cause the Executive to comply with this AgreementSection, to restore to the Company its property, and to make the Company whole.
Appears in 3 contracts
Samples: Employment Agreement (Anchor Glass Container Corp /New), Employment Agreement (Anchor Glass Container Corp /New), Employment Agreement (Anchor Glass Container Corp /New)
Irreparable Harm. The Executive acknowledges that: (i) the Executive’s compliance with this Agreement is necessary to preserve and protect the proprietary rights, Confidential Information and the goodwill of the Company and its subsidiaries as going concerns; (ii) any failure by the Executive to comply with the provisions of this Agreement shall will result in irreparable and continuing injury for which there will be no adequate remedy at law; and (iii) in the event that the Executive should fail to comply with the terms and conditions of this Agreement, the Company shall be entitled, in addition to such other relief as may be proper, to all types of equitable relief (including, but not limited to, the issuance of an injunction and/or temporary restraining orderorder preventing Executive from violating any provision of Sections 8 and 9 of this Agreement) as may be necessary to cause the Executive to comply with this Agreement, to restore to the Company its property, and to make the Company whole.
Appears in 2 contracts
Samples: Employment Agreement (FreightCar America, Inc.), Employment Agreement (FCA Acquisition Corp.)
Irreparable Harm. The Executive acknowledges that: (i) the Executive’s compliance with this Agreement is necessary to preserve and protect the proprietary rights, Confidential Information and the goodwill of the Company and its subsidiaries as going concerns; (ii) any failure by the Executive to comply with the provisions of this Agreement shall will result in irreparable and continuing injury for which there will be no adequate remedy at law; and (iii) in the event that the Executive should fail to comply with the terms and conditions of this Agreement, the Company shall be entitled, in addition to such other relief as may be proper, to all types of equitable relief (including, but not limited to, the issuance of an injunction and/or temporary restraining orderorder preventing Executive from violating any provision of Sections 9 and 10 of this Agreement) as may be necessary to cause the Executive to comply with this Agreement, to restore to the Company its property, and to make the Company whole.
Appears in 2 contracts
Samples: Employment Agreement (FCA Acquisition Corp.), Employment Agreement (FreightCar America, Inc.)
Irreparable Harm. The Executive acknowledges that: (i) the Executive’s compliance with this Agreement Section is necessary to preserve and protect the proprietary rightsConfidential Information, Confidential Information Inventions or Developments and the goodwill of the Company and its subsidiaries Affiliates as going concerns; (ii) any failure by the Executive to comply with the provisions of this Agreement shall Section will result in irreparable and continuing injury for which there will be no adequate remedy at law; and (iii) in the event that the Executive should fail to comply with the terms and conditions of this AgreementSection, the Company shall be entitled, in addition to such other relief as may be proper, to all types of equitable relief (including, but not limited to, the issuance of an injunction and/or temporary restraining order) as may be necessary to cause the Executive to comply with this AgreementSection, to restore to the Company its property, and to make the Company whole.
Appears in 1 contract
Samples: Employment Agreement (Smurfit Stone Container Corp)
Irreparable Harm. The Executive acknowledges that: (i) the Executive’s 's compliance with this Agreement is necessary to preserve and protect the proprietary rights, Confidential Information and the goodwill of the Company and its subsidiaries as going concerns; (ii) any failure by the Executive to comply with the provisions of this Agreement shall will result in irreparable and continuing injury for which there will be no adequate remedy at law; and (iii) in the event that the Executive should fail to comply with the terms and conditions of this Agreement, the Company shall be entitled, in addition to such other relief as may be proper, to all types of equitable relief (including, but not limited to, the issuance of an injunction and/or temporary restraining order) as may be necessary to cause the Executive to comply with this Agreement, to restore to the Company its property, and to make the Company whole.
Appears in 1 contract
Samples: Employment Agreement (Transportation Technologies Industries Inc)
Irreparable Harm. The Executive acknowledges that: (ia) the Executive’s 's compliance with this Agreement Article V is necessary to preserve and protect the proprietary rightsConfidential Information, Confidential Information Inventions or Developments and the goodwill of the Company and its subsidiaries as a going concernsconcern; (iib) any failure by the Executive to comply with the provisions of this Agreement shall Section 5.9 will result in irreparable and continuing injury for which there will be no adequate remedy at law; and (iiic) in the event that the Executive should fail to comply with the terms and conditions of this AgreementArticle V, the Company shall be entitled, in addition to such other relief as may be proper, to all types of equitable relief (including, but not limited to, the issuance of an injunction and/or temporary restraining order) as may be necessary to cause the Executive to comply with this AgreementSection 5.9, to restore to the Company its property, and to make the Company whole.
Appears in 1 contract
Samples: Employment Agreement (Anchor Glass Container Corp /New)
Irreparable Harm. The Executive acknowledges that: (i) the Executive’s 's compliance with this Agreement is necessary to preserve and protect the proprietary rights, Confidential Information and the goodwill of Gunite and the Company and its subsidiaries as going concerns; (ii) any failure by the Executive to comply with the provisions of this Agreement shall will result in irreparable and continuing injury for which there will be no adequate remedy at law; and (iii) in the event that the Executive should fail to comply with the terms and conditions of this Agreement, Gunite and the Company shall be entitled, in addition to such other relief as may be proper, to all types of equitable relief (including, but not limited to, the issuance of an injunction and/or temporary restraining order) as may be necessary to cause the Executive to comply with this Agreement, to restore to the Company its propertyRESTORE TO GUNITE OR THE COMPANY ITS PROPERTY, and to make the Company wholeAND TO MAKE GUNITE OR THE COMPANY WHOLE.
Appears in 1 contract
Samples: Employment Agreement (Transportation Technologies Industries Inc)
Irreparable Harm. The Executive acknowledges that: (ia) the Executive’s 's compliance with this Agreement Article V is necessary to preserve and protect the proprietary rightsConfidential Information, Confidential Information Inventions or Developments and the goodwill of the Company and its subsidiaries as a going concernsconcern; (iib) any failure by the Executive to comply with the provisions of this Agreement shall Section will result in irreparable and continuing injury for which there will be no adequate remedy at law; and (iiic) in the event that the Executive should fail to comply with the terms and conditions of this AgreementArticle V, the Company shall be entitled, in addition to such other relief as may be proper, to all types of equitable relief (including, but not limited to, the issuance of an injunction and/or temporary restraining order) as may be necessary to cause the Executive to comply with this AgreementSection, to restore to the Company its property, and to make the Company whole.
Appears in 1 contract
Samples: Employment Agreement (Anchor Glass Container Corp /New)