No Adequate Remedy at Law. In the event of a breach by the Company of its obligations under this Agreement, each Holder, in addition to being entitled to exercise all rights granted by law, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of any of the provisions of this Agreement and hereby agrees to waive the defense in any action for specific performance that a remedy at law would be adequate. The failure to file a Registration Statement within 60 days of a written request delivered under Section 3.1 shall constitute, in the absence of an injunction or a Blackout Period having been imposed, a breach thereof entitling the Holders to remedies hereunder.
Appears in 3 contracts
Samples: Operating Agreement (Pacific Gulf Properties Inc), Operating Agreement (Pacific Gulf Properties Inc), Operating Agreement (Parkway Properties Inc)
No Adequate Remedy at Law. In the event of a breach by the Company of its obligations under this Agreement, each Holder, in addition to being entitled to exercise all rights granted by law, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company agrees that monetary damages would may not be adequate compensation for any loss incurred by reason of a breach by it of any of the provisions of this Agreement and hereby agrees to waive the defense in any action for specific performance that a remedy at law would be adequate. The failure to file a Registration Statement within 60 days of a written request delivered under Section 3.1 2.1 shall constitute, in the absence of an injunction or a Blackout Period having been imposed, a breach thereof entitling the Holders to remedies hereunder.
Appears in 1 contract
Samples: 1 Operating Agreement (Lexington Corporate Properties Inc)