Remedies, Characterizations, Other Obligations, Breaches and Injunctive Relief. The remedies provided in this Note shall be cumulative and in addition to all other remedies available under this Note and any of the other Transaction Documents, at law or in equity (including a decree of specific performance and/or other injunctive relief), and nothing herein shall limit the Holder’s right to pursue actual and consequential damages actually suffered by the Holder as a result of any failure by the Company to comply with the terms of this Note. The Company acknowledges that a breach by it of its obligations hereunder will cause irreparable harm to the Holder and that the remedy at law for any such breach may be inadequate. The Company therefore agrees that, in the event of any such breach or threatened breach, the Holder shall be entitled, in addition to all other available remedies, to an injunction restraining any breach, without the necessity of showing economic loss and without any bond or other security being required.
Appears in 2 contracts
Samples: A Note Purchase Agreement (Blue Coat Systems Inc), A Note Purchase Agreement (Blue Coat Systems Inc)
Remedies, Characterizations, Other Obligations, Breaches and Injunctive Relief. The remedies provided in this Note the Agreement shall be cumulative and in addition to all other remedies available under this Note and any of the other Transaction DocumentsAgreement or the Notes, at law or in equity (including a decree of specific performance and/or other injunctive relief), and nothing herein shall limit the HolderInvestor’s right to pursue actual and consequential damages actually suffered by the Holder as a result of for any failure by the Company to comply with the terms of this NoteAgreement. The Company acknowledges that a breach by it of its obligations hereunder will shall cause irreparable harm to the Holder Investor and that the remedy at law for any such breach may shall be inadequate. The Company therefore agrees that, in the event of any such breach or threatened breach, the Holder Investor shall be entitled, in addition to all other available remedies, to an injunction restraining any breach, without the necessity of showing economic loss and without any bond or other security being required.
Appears in 2 contracts
Samples: Convertible Note Purchase Agreement (Alibaba Group Holding LTD), Convertible Note Purchase Agreement
Remedies, Characterizations, Other Obligations, Breaches and Injunctive Relief. The remedies provided in this Note the Agreement shall be cumulative and in addition to all other remedies available under this Note and any of the other Transaction DocumentsAgreement or the Notes, at law or in equity (including a decree of specific performance and/or other injunctive relief), and nothing herein shall limit the HolderInvestor’s right to pursue actual and consequential damages actually suffered by the Holder as a result of for any failure by the Company to comply with the terms of this NoteAgreement. The Company acknowledges that a breach by it of its obligations hereunder will shall cause irreparable harm to the Holder Investor and that the remedy at law for any such breach may shall be inadequate. The Company therefore agrees that, in the event of any such breach or threatened breach, the Holder Investor shall be entitled, in addition to all other available remedies, to an injunction restraining any breach, without the necessity of showing economic loss and without any bond or other security being required..
Appears in 1 contract