Common use of No Running of Covenant During Breach Clause in Contracts

No Running of Covenant During Breach. The covenants set forth in this Section 12 shall apply for the applicable periods as set forth above. If the Shareholder violates such covenants, and PainCare, the Surviving Corporation or any of their successors and assigns bring a legal action for injunctive or other relief, such party bringing the action shall not, as a result of the time involved in obtaining the relief, be deprived of the benefit of the full period of the covenant period, unless a court of competent jurisdiction holds that the covenant is not enforceable in whole or in part. Accordingly, for any time period that the Shareholder is in violation of the covenant, such time period shall not be included in calculating the applicable time period of the covenant.

Appears in 3 contracts

Samples: Merger Agreement (Paincare Holdings Inc), Merger Agreement (Paincare Holdings Inc), Merger Agreement (Paincare Holdings Inc)

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No Running of Covenant During Breach. The covenants set forth in this Section 12 11 shall apply for the applicable periods as set forth above. If the Shareholder violates such covenants, and PainCare, the Surviving Corporation Subsidiary or any of their successors and assigns or Affiliates bring a legal action for injunctive or other relief, such party bringing the action shall not, as a result of the time involved in obtaining the relief, be deprived of the benefit of the full period of the covenant period, unless a court of competent jurisdiction holds that the covenant is not enforceable in whole or in part. Accordingly, for any time period that the Shareholder is in violation of the covenant, such time period shall not be included in calculating the applicable time period of the covenant.

Appears in 2 contracts

Samples: Merger Agreement (Paincare Holdings Inc), Merger Agreement (Paincare Holdings Inc)

No Running of Covenant During Breach. The covenants set forth in this Section 12 11 shall apply for the applicable periods as set forth above. If the Shareholder violates such covenants, and PainCare, the Surviving Corporation or any of their successors and assigns or Affiliates bring a legal action for injunctive or other relief, such party bringing the action shall not, as a result of the time involved in obtaining the relief, be deprived of the benefit of the full period of the covenant period, unless a court of competent jurisdiction holds that the covenant is not enforceable in whole or in part. Accordingly, for any time period that the Shareholder is in violation of the covenant, such time period shall not be included in calculating the applicable time period of the covenant.

Appears in 1 contract

Samples: Merger Agreement (Paincare Holdings Inc)

No Running of Covenant During Breach. The covenants set forth in this Section 12 11 shall apply for the applicable periods as set forth above. If the Shareholder violates such covenants, and PainCare, the Surviving Corporation or any of their successors and assigns bring a legal action for injunctive or other relief, such party bringing the action shall not, as a result of the time involved in obtaining the relief, be deprived of the benefit of the full period of the covenant period, unless a court of competent jurisdiction holds that the covenant is not enforceable in whole or in part. Accordingly, for any time period that the Shareholder is in violation of the covenant, such time period shall not be included in calculating the applicable time period of the covenant.

Appears in 1 contract

Samples: Merger Agreement (Paincare Holdings Inc)

No Running of Covenant During Breach. The covenants set forth in this Section 12 7 shall apply for the applicable periods as set forth above. If the a Shareholder violates such covenants, and PainCare, the Surviving Corporation Subsidiary or any of their successors and assigns bring a legal action for injunctive or other relief, such party bringing the action shall not, as a result of the time involved in obtaining the relief, be deprived of the benefit of the full period of the covenant period, unless a court of competent jurisdiction holds that the covenant is not enforceable in whole or in part. Accordingly, for any time period that the a Shareholder is in violation of the covenant, such time period shall not be included in calculating the applicable time period of the covenant.

Appears in 1 contract

Samples: Asset Purchase Agreement (Paincare Holdings Inc)

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No Running of Covenant During Breach. The covenants set forth in this Section 12 shall apply for the applicable periods Restricted Period as set forth defined above. If the Shareholder violates such covenants, and PainCare, the Surviving Corporation or any of their successors and assigns bring a legal action for injunctive or other relief, such party bringing the action shall not, as a result of the time involved in obtaining the relief, be deprived of the benefit of the full period of the covenant period, unless a court of competent jurisdiction holds that the covenant is not enforceable in whole or in part. Accordingly, for any time period that the Shareholder is in violation of the covenant, such time period shall not be included in calculating the applicable time period of the covenant.

Appears in 1 contract

Samples: Merger Agreement (Paincare Holdings Inc)

No Running of Covenant During Breach. The covenants set forth in this Section 12 11 shall apply for the applicable periods as set forth above. If the a Shareholder violates such covenants, and PainCare, the Surviving Corporation or any of their successors and assigns bring a legal action for injunctive or other relief, such party bringing the action shall not, as a result of the time involved in obtaining the relief, be deprived of the benefit of the full period of the covenant period, unless a court of competent jurisdiction holds that the covenant is not enforceable in whole or in part. Accordingly, for any time period that the a Shareholder is in violation of the covenant, such time period shall not be included in calculating the applicable time period of the covenant.

Appears in 1 contract

Samples: Merger Agreement (Paincare Holdings Inc)

No Running of Covenant During Breach. The covenants set forth in this Section 12 11 shall apply for the applicable periods as set forth above. If the Shareholder violates such covenants, and PainCare, the Surviving Corporation or any of their successors and assigns or Affiliates bring a legal action for injunctive or other relief, such party bringing the action shall not, as a result of the time involved in obtaining the relief, be deprived of the benefit of the full period of the covenant period, unless a court of competent jurisdiction holds that the covenant is not enforceable in whole or in part. Accordingly, for any time period that the Shareholder is in violation of the covenant, such time period shall not be included in calculating the applicable time period of the covenant.

Appears in 1 contract

Samples: Merger Agreement (Paincare Holdings Inc)

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