Common use of Remedies, Characterizations, Other Obligations, Breaches and Injunctive Relief Clause in Contracts

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, at law or in equity (including a decree of specific performance and/or other injunctive relief), and no remedy contained herein shall be deemed a waiver of compliance with the provisions giving rise to such remedy and nothing herein shall limit a Holder's right to pursue actual damages for any failure by the Company to comply with the terms of this Note. The Company covenants to each Holder of Notes that there shall be no characterization concerning this instrument other than as expressly provided herein. Amounts set forth or provided for herein with respect to payments, conversion and the like (and the computation thereof) shall be the amounts to be received by the Holder thereof and shall not, except as expressly provided herein, be subject to any other obligation of the Company (or the performance thereof).

Appears in 9 contracts

Samples: Convertible Note Agreement (Simlatus Corp), Convertible Note Agreement (Simlatus Corp), Convertible Note Agreement (Simlatus Corp)

AutoNDA by SimpleDocs

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, at law or in equity (including a decree of specific performance and/or other injunctive relief), and no remedy contained herein shall be deemed a waiver of compliance with the provisions giving rise to such remedy and nothing herein shall limit a Holder's ’s right to pursue actual damages for any failure by the Company to comply with the terms of this Note. The Company covenants to each Holder of Notes that there shall be no characterization concerning this instrument other than as expressly provided herein. Amounts set forth or provided for herein with respect to payments, conversion and the like (and the computation thereof) shall be the amounts to be received by the Holder thereof and shall not, except as expressly provided herein, be subject to any other obligation of the Company (or the performance thereof).

Appears in 2 contracts

Samples: Note (Saleen Automotive, Inc.), Convertible Note Agreement (Rich Pharmaceuticals, Inc.)

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, at law or in equity (including including, without limitation, a decree of specific performance and/or other injunctive relief), and no remedy contained herein shall be deemed a waiver of compliance with the provisions giving rise to such remedy and nothing herein shall limit a Holder's Payee’s right to pursue actual damages for any failure by the Company to comply with the terms of this Note. The Company covenants to each Holder of Notes that there shall be no characterization concerning this instrument other than as expressly provided herein. Amounts set forth or provided for herein with respect to payments, conversion payments and the like (and the computation thereof) shall be the amounts to be received by the Holder thereof Payee and shall not, except as expressly provided herein, be subject to any other obligation of the Company (or the performance thereof).

Appears in 2 contracts

Samples: Convertible Note (Graymark Productions Inc), Convertible Note (Graymark Productions Inc)

Remedies, Characterizations, Other Obligations, Breaches and Injunctive Relief. Upon an Event of Default (as defined in the Loan Agreement), the Lender shall have all the rights and remedies contained in the Loan Agreement. The remedies provided in this Note shall be cumulative and in addition to all other remedies available under this NoteNote or in the Loan Agreement, at law or in equity (including including, without limitation, a decree of specific performance and/or other injunctive relief), and no remedy contained herein shall be deemed a waiver of compliance with the provisions giving rise to such remedy and nothing herein shall limit a Holder's Lender’s right to pursue actual damages for any failure by the Company Borrower to comply with the terms of this Note. The Company covenants to each Holder of Notes that there shall be no characterization concerning this instrument other than as expressly provided herein. Amounts set forth or provided for herein with respect to payments, conversion payments and the like (and the computation thereof) shall be the amounts to be received by the Holder thereof Lender and shall not, except as expressly provided herein, be subject to any other obligation of the Company Borrower (or the performance thereof).

Appears in 1 contract

Samples: Loan Agreement (Fibernet Telecom Group Inc\)

AutoNDA by SimpleDocs

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, at law or in equity (including a decree of specific performance and/or other injunctive relief), and no remedy contained herein shall be deemed a waiver of compliance with the provisions giving rise to such remedy and nothing herein shall limit a the Holder's right to pursue actual damages for any failure by the Company to comply with the terms of this Note. The Company covenants to each the Holder of Notes that there shall be no characterization concerning this instrument other than as expressly provided herein. Amounts set forth or provided for herein with respect to payments, conversion and the like (and the computation thereof) shall be the amounts to be received by the Holder thereof and shall not, except as expressly provided herein, be subject to any other obligation of the Company (or the performance thereof).

Appears in 1 contract

Samples: Note Agreement (XLI Technologies, Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!