Necessary Restrictions. Each of Seller and each Shareholder acknowledge that the restrictions contained in this Agreement are reasonable and necessary to protect the legitimate business interests of the Buyer and that any violation thereof by any of them would result in irreparable harm to the Buyer, and that damages in the event of any such breach of this Agreement will be difficult, if not impossible, to ascertain. Accordingly, each of the Seller and each Shareholder agree that upon the violation of any of the restrictions contained in this Agreement, the Buyer shall be entitled to obtain from any court of competent jurisdiction a preliminary and permanent injunction as well as any other relief provided at law, equity, under this Agreement or otherwise, without the necessity of posting any bond or other security whatsoever. In the event any of the foregoing restrictions are adjudged unreasonable in any proceeding, then the parties agree that the period of time or the scope of such restrictions (or both) shall be adjusted to such a manner or for such a time (or both) as is adjudged to be reasonable.
Appears in 2 contracts
Samples: Agreement for Sale and Purchase of Assets (Integrated Health Services Inc), Agreement for Sale and Purchase of Assets (Integrated Health Services Inc)
Necessary Restrictions. Each of Seller and each Shareholder acknowledge that the restrictions contained in this Agreement are reasonable and necessary to protect the legitimate business interests of the Buyer and that any violation thereof by any of them would result in irreparable harm to the Buyer, and that damages in the event of any such breach of this Agreement will be difficult, if not impossible, to ascertain. Accordingly, each of the Seller and each Shareholder agree that upon the violation of any of the restrictions contained in this Agreement, the Buyer shall be entitled to obtain from any court of competent jurisdiction a preliminary and permanent injunction as well as any other relief provided at law, equity, under this Agreement or otherwise, without the necessity of posting any bond or other security whatsoever. In the event any of the foregoing restrictions are adjudged unreasonable in any proceeding, then the parties agree that the period of time or the scope of such restrictions (or both) shall be adjusted to such a manner or for such a time (or both) as is adjudged to be reasonable.
Appears in 1 contract
Samples: Agreement for Sale and Purchase of Assets (Integrated Health Services Inc)
Necessary Restrictions. Each of Seller and each Shareholder acknowledge that the restrictions contained in this Agreement are reasonable and necessary to protect the legitimate business interests of the Buyer and IHS and that any violation thereof by any of them would result in irreparable harm to the BuyerBuyer and IHS, and that damages in the event of any such breach of this Agreement will be difficult, if not impossible, to ascertain. Accordingly, each of the Seller and each Shareholder agree that upon the violation of any of the restrictions contained in this Agreement, the IHS and Buyer shall be entitled to obtain from any court of competent jurisdiction a preliminary and permanent injunction as well as any other relief provided at law, equity, under this Agreement or otherwise, without the necessity of posting any bond or other security whatsoever. In the event any of the foregoing restrictions are adjudged unreasonable in any proceeding, then the parties agree that the period of time or the scope of such restrictions (or both) shall be adjusted to such a manner or for such a time (or both) as is adjudged to be reasonable.
Appears in 1 contract
Samples: Agreement for Sale and Purchase of Assets (Integrated Health Services Inc)
Necessary Restrictions. Each of Seller and each Shareholder acknowledge that the restrictions contained in this Agreement are reasonable and necessary to protect the legitimate business interests of the Buyer and that any violation thereof by any of them would result in irreparable harm to the Buyer, and that damages in the event of any such breach of this Agreement will be difficult, if not impossible, to ascertain. Accordingly, each of the Seller and each Shareholder agree that upon the violation of any of the restrictions contained in this Agreement, the Buyer shall be entitled to obtain from any court of competent jurisdiction a preliminary and permanent injunction as well as any other relief provided at law, equity, under this Agreement or otherwise, without the necessity of posting any bond or other security whatsoever. In the event any of the foregoing restrictions are adjudged unreasonable in any proceeding, then the parties agree that the period of time or the scope of such restrictions (or both) shall be adjusted to such a manner or for such a time (or both) as is adjudged to be reasonable.
Appears in 1 contract
Samples: Agreement for Sale and Purchase of Assets (Integrated Health Services Inc)
Necessary Restrictions. Each of the Seller and each Shareholder acknowledge the Parent acknowledges that the restrictions contained in this Agreement are reasonable and necessary to protect the legitimate business interests of the Buyer Purchaser and that any violation thereof by any of them would result in irreparable harm to the BuyerPurchaser, and that damages in the event of any such breach of this Agreement will be difficult, if not impossible, to ascertain. Accordingly, each of the Seller and each Shareholder the Parent agree that upon the violation of any of the restrictions contained in this Agreement, the Buyer Purchaser shall be entitled to obtain from any court of competent jurisdiction a preliminary and permanent injunction as well as any other relief provided at law, equity, under this Agreement or otherwise, without the necessity of posting any bond or other security whatsoever. In the event any of the foregoing restrictions are adjudged unreasonable in any proceeding, then the parties agree that the period of time or the scope of such restrictions (or both) shall be adjusted to such a manner or for such a time (or both) as is adjudged to be reasonable.
Appears in 1 contract