Limitation on Enforcement of Remedies. The Company hereby agrees that it will not assert against the limited partners of any members of any Investor any claim it may have under this Agreement by reason of any failure or alleged failure by such Investor to meet its obligations hereunder.
Limitation on Enforcement of Remedies. The Company hereby agrees that it will not assert against the former, current, or future general or limited partners, stockholders, managers, members, directors, officers, Affiliates or agents of a Purchaser any claim it may have under this Agreement by reason of any failure or alleged failure by such Purchaser to meet its obligations hereunder.
Limitation on Enforcement of Remedies. The Company hereby agrees that it will not assert against the limited partners of the Purchaser any claim it may have under this Agreement by reason of any failure or alleged failure by the Purchaser to meet its obligations hereunder. The foregoing shall not limit the Company's rights against the general partner of the Purchaser.
Limitation on Enforcement of Remedies. The Company hereby agrees that it will not assert against the members of Subscriber any claim it may have under this Agreement by reason of any failure or alleged failure by Subscriber to meet its obligations hereunder. The foregoing shall not limit any claims or remedies against any Persons that the Company may assert under the TW Voting Agreement, the Registration Rights Agreement or the Investor Rights Agreement.
Limitation on Enforcement of Remedies. NOTWITHSTANDING ANY OTHER PROVISION OF THIS LEASE, TENANT AND ITS AGENTS SHALL, UNDER ALL CIRCUMSTANCES, BE ABSOLUTELY LIMITED TO LANDLORD'S INTEREST IN THE PROPERTY FOR SATISFACTION OF TENANT AND ITS AGENTS' REMEDIES, OR FOR THE COLLECTION OF A JUDGMENT (OR OTHER JUDICIAL PROCESS OR ARBITRATION AWARD) REQUIRING LANDLORD TO PAY MONEY, AS THE RESULT OF ANY AND ALL JUDGMENTS, AWARDS AND/OR ORDERS AGAINST LANDLORD RELATING TO OR ARISING OUT OF TENANT AND ITS AGENTS' OCCUPANCY AND USE OF THE PROPERTY AND/OR IN THE EVENT OF ANY DEFAULT BY LANDLORD HEREUNDER, AND NO OTHER PROPERTY OF LANDLORD OR ITS PARTNERS OR PRINCIPALS, DISCLOSED OR UNDISCLOSED, SHALL BE SUBJECT TO LEVY, EXECUTION OR OTHER ENFORCEMENT PROCEDURE FOR THE SATISFACTION OF TENANT AND ITS AGENTS' REMEDIES WITH RESPECT TO THIS LEASE, THE RELATIONSHIP OF LANDLORD AND TENANT HEREUNDER, OR THE USE AND OCCUPANCY OF THE PROPERTY AND THE PREMISES BY TENANT AND ITS AGENTS. TENANT, ON BEHALF OF TENANT AND ITS AGENTS, WAIVES ALL RIGHT TO COLLECT OR ENFORCE ANY AND ALL ORDERS, AWARDS AND/OR JUDGMENTS AGAINST LANDLORD IN EXCESS OF LIMITATIONS IMPOSED BY THIS PARAGRAPH. TENANT SHALL REQUIRE THAT EACH SUBTENANT AND EACH ASSIGNEE OF TENANT AGREE TO BE BOUND BY THE WAIVER SET FORTH IN THIS PARAGRAPH. LANDLORD'S MAXIMUM EXPOSURE AS SET FORTH IN THIS PARAGRAPH IS CUMULATIVE AND IN THE AGGREGATE (AS TO ALL JUDGMENTS, AWARDS AND ORDERS AGAINST LANDLORD ARISING IN CONNECTION WITH THIS LEASE, THE RELATIONSHIP OF LANDLORD AND TENANT, OR THE USE AND OCCUPANCY OF THE PROPERTY BY TENANT AND ITS AGENTS). LIMITS IMPOSED BY THIS PARAGRAPH INCLUDE LANDLORD'S DUTIES OF INDEMNITY (EXPRESS AND/OR IMPLIED). "LANDLORD" INCLUDES ALL PERSONS AND ENTITIES WHO NOW OR HEREAFTER OWN AN INTEREST IN LANDLORD.
Limitation on Enforcement of Remedies. 39 20. Counterparts..............................................................39 21. Law.......................................................................39 Schedule 3(d) Derivative Securities Schedule 3(f) Consents and Approvals Schedule 3(g) Defaults Schedule 3(k) Liabilities Schedule 3(l) Key Agreements and Instruments Schedule 3(m)(ii) Employment Agreements Schedule 3(n) Employee Benefit Plans Under ERISA Schedule 3(q) Properties Schedule 3(u) Related Parties Schedule 4(m) Redemption Obligations Incurred in Connection with the Acquisition of Hearing Clinics Exhibit A Form of Amended and Restated Warrant Agreement Exhibit B Form of Amended and Restated Terms of Series A Convertible Preferred Shares Exhibit C Form of Terms of Series B Convertible Preferred Shares Exhibit D-1 Form of Opinion of Ballem XxxXxxxx Exhibit D-2 Form of Opinion of Xxxxx & Company Exhibit D-3 Form of Opinion of Miller, Nash, Wiener, Hager & Xxxxxxx, LLP SONUS CORP. --------------------------------- SECURITIES PURCHASE AGREEMENT --------------------------------- 2,500,000 Series B Convertible Preferred Shares --------------------------------- --------------------------------- This Securities Purchase Agreement (this "Agreement") is made as of October 1, 1999 by and between Sonus Corp., a corporation continued and existing under the laws of Yukon Territory, Canada (the "Company"), and Warburg, Xxxxxx Ventures, L.P., a Delaware limited partnership (the "Investor").
Limitation on Enforcement of Remedies. The Company hereby agrees ------------------------------------- that it will not assert against the limited partners of either of you any claim it may have under this Agreement by reason of any failure or alleged failure by either of you to meet its obligations hereunder.
Limitation on Enforcement of Remedies. The Partnership hereby agrees that it will not assert against the limited partners of any members of any Investor any claim it may have under this Agreement by reason of any failure or alleged failure by such Investor to meet its obligations hereunder.
Limitation on Enforcement of Remedies. The Company hereby agrees that it shall, and shall cause each of its stockholders, officers, directors, employees, brokers, attorneys, accountants and other agents to, not assert against the limited partners of Purchasers any claim it or each of them may have under this Agreement or any other Company Transaction Document by reason of any failure or alleged failure by Purchasers to meet their obligations hereunder or thereunder. Each Purchaser hereby agrees that it will not assert against the Company or any of its stockholders, officers, directors, employees, brokers, attorneys, accountants or other agents any claim it may have under this Agreement or any other Company Transaction Document by reason of any failure or alleged failure by the Company to meet its obligations hereunder or thereunder.
Limitation on Enforcement of Remedies. Notwithstanding any other provision of this Lease, Tenant and its Agents shall, under all circumstances, be absolutely limited to Landlord's interest in the Property for satisfaction of Tenant and its Agents' remedies, or for the collection of a judgment (or other judicial process or arbitration award) requiring Landlord to pay money, as the result of any and all judgments, awards and/or orders against Landlord relating to or arising out of Tenant and its Agents' occupancy and use of the Property and/or in the event of any default by Landlord hereunder, and no other property of Landlord or its partners or principals, disclosed or undisclosed, shall be subject to levy, execution or other enforcement procedure for the satisfaction of Tenant and its Agents' remedies with respect to this Lease, the relationship of Landlord and Tenant hereunder, or the use and occupancy of the Property and the Premises by Tenant and its Agents. Tenant, on behalf of Tenant and its Agents, waives all right to collect or enforce any and all orders, awards and/or judgments against Landlord in excess of limitations imposed by this paragraph. Tenant shall require that each subtenant and each assignee of Tenant agree to be bound by the waiver set forth in this paragraph. Landlord's maximum exposure as set forth in this paragraph is cumulative and in the aggregate (as to all judgments, awards and orders against Landlord arising in connection with this Lease, the relationship of Landlord and Tenant, or the use and occupancy of the Property by Tenant and its Agents). Limits imposed by this paragraph include Landlord's duties of indemnity (express and/or implied). "Landlord" includes all persons and entitles who now or hereafter own an interest in Landlord.
