No Running of Covenant During Breach. The covenants set forth in this Section 6.1 shall apply for the applicable periods as set forth above. If a Member violates such covenants, and PainCare, the 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 a Member(s) is in violation of the covenant, such time period shall not be included in calculating the applicable time period of the covenant.
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Samples: Asset Purchase Agreement (Paincare Holdings Inc), Asset Purchase Agreement (Paincare Holdings Inc)
No Running of Covenant During Breach. The covenants set forth in this Section 6.1 11 shall apply for the applicable periods as set forth above. If a the Member violates such covenants, and PainCare, the Subsidiary or any of their successors and assigns or Affiliates bring a legal action for injunctive or other relief, such Party 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 a Member(s) the Member 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 and Plan of Reorganization (Paincare Holdings Inc)
No Running of Covenant During Breach. The covenants set forth in this Section 6.1 shall apply for the applicable periods as set forth above. If a Member violates such covenants, and PainCare, the Subsidiary or any of their successors and assigns or Affiliates bring a legal action for injunctive or other relief, such Party 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 a Member(s) 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
