Limitation on Enforcement of Remedies. The Company hereby agrees that it will not assert against the limited partners of any of the Investors 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 shareholders, directors, officers, employees, limited partners or other equityholders of any of the Investors or any of their Affiliates any claim it may have under this Agreement by reason of any breach or alleged breach by such Investor of this Agreement. In no event shall the amount of Damages for which any Investor will be responsible under this Agreement by reason of any failure or alleged failure by such Investor to meet its obligations hereunder exceed such Investor’s Purchase Price.
Limitation on Enforcement of Remedies. The Company hereby agrees that it will not assert against the limited partners of each of the Investors 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 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 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 UNDER THIS LEASE; 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 RIGHTS TO COLLECT OR ENFORCE ANY AND ALL ORDERS, AWARDS AND/OR JUDGMENTS AGAINST LANDLORD IN EXCESS OF LIMITATIONS IMPOSED BY THIS SECTION 15. TENANT SHALL REQUIRE EVERY SUBTENANT AND ASSIGNEE OF TENANT AGREE TO BE BOUND BY THE WAIVER SET FORTH IN THIS SECTION. LANDLORD'S EXPOSURE AS SET FORTH IN THIS SECTION 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 SECTION INCLUDE DUTIES OF EXPRESS AND/OR IMPLIED INDEMNITY. "LANDLORD" INCLUDES ALL PERSONS AND ENTITIES WHO NOW OR HEREAFTER OWN AN INTEREST IN LANDLORD.
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. 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 Note: All schedules and Exhibits D-1 through D-3 have been omitted. Copies will be furnished to the Commission supplementally upon request. 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 Advisors or the limited partners of the Fund any claim it may have under this Agreement by reason of any failure or alleged failure by Apollo to meet its obligations hereunder.
