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: Note Purchase Agreement (Blue Coat Systems Inc), Note Purchase Agreement (Blue Coat Systems 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, the Note Purchase Agreement 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 '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 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: Convertible Note Purchase Agreement (Sellers Capital LLC), Convertible Note (Sellers Capital LLC)
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 DocumentsNote, at law or in equity (including including, without limitation, a decree of specific performance and/or other injunctive relief), no remedy contained herein shall be deemed a waiver of compliance with the provisions giving rise to such remedy and nothing herein shall limit the Holder’s a holder'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 Note. The Company acknowledges that a breach by it of its obligations hereunder will cause irreparable and material harm to the Holder and that the remedy at law for any such breach may be inadequate. The Therefore 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 rights and remedies, at law or in equity, to seek and obtain such equitable relief, including but not limited to an injunction restraining any such breach or threatened breach, without the necessity of showing economic loss and without any bond or other security being required.
Appears in 2 contracts
Samples: Convertible Promissory Note (Nautilus Marine Acquisition Corp), Convertible Promissory Note (Nautilus Marine Acquisition Corp)
Remedies, Characterizations, Other Obligations, Breaches and Injunctive Relief. The remedies provided in this Note Agreement and the Notes shall be cumulative and in addition to all other remedies available under this Note Agreement and any of the other Transaction Documents, Notes at law or in equity (including a decree of specific performance and/or other injunctive relief), and nothing herein shall limit the HolderPurchaser’s (or any holder of the Notes) 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 or the Notes. The Company acknowledges that a breach by it of its obligations hereunder under this Agreement or the Notes will cause irreparable harm to the Holder Purchaser 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 Purchaser shall be entitled, in addition to all other available remedies, to an injunction restraining any such breach or any such threatened breach, without the necessity of showing economic loss and without any bond or other security being required.
Appears in 1 contract
Samples: Convertible Promissory Note Purchase Agreement (Lucas Energy, Inc.)
Remedies, Characterizations, Other Obligations, Breaches and Injunctive Relief. The remedies provided in this Note Agreement shall be cumulative and in addition to all other remedies available under this Note and any of the other Transaction DocumentsAgreement, at law or in equity (including a decree of specific performance and/or other injunctive relief), no remedy contained herein shall be deemed a waiver of compliance with the provisions giving rise to such remedy and nothing herein shall limit the Holder’s a party's right to pursue actual and consequential damages actually suffered by the Holder as a result of for any failure by the Company other party to comply with the terms of this NoteAgreement. The Company acknowledges that a breach by it of its obligations hereunder will cause irreparable harm to the Holder Purchaser 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 Purchaser 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
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, the Note Purchase Agreement 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 for 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 1 contract
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 DocumentsNote, at law or in equity (including including, without limitation, a decree of specific performance and/or other injunctive relief), no remedy contained herein shall be deemed a waiver of compliance with the provisions giving rise to such remedy and nothing herein shall limit the Holdera Payee’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 Note. The Company acknowledges that a breach by it of its obligations hereunder will cause irreparable and material harm to the Holder Payee and that the remedy at law for any such breach may be inadequate. The Therefore the Company therefore agrees that, in the event of any such breach or threatened breach, the Holder Payee shall be entitled, in addition to all other available rights and remedies, at law or in equity, to seek and obtain such equitable relief, including but not limited to an injunction restraining any such breach or threatened breach, without the necessity of showing economic loss and without any bond or other security being required.
Appears in 1 contract
Samples: Letter Loan Agreement (Excaliber Enterprises, Ltd.)