Remedies of Company. Nothing in this Article 6 shall be construed as limiting or impair in any way any of the rights of the Company whether at law, in equity or otherwise against the Employee with respect to the disclosure, use or exploitation in any manner whatsoever to any person or for any purpose, as the case may be, of any of the Confidential Information.
Remedies of Company. The Members and the Executive Committee Members agree that the scope and time periods contained in this Article have been carefully considered and specifically agreed to as being reasonable and necessary. If any Member or Executive Committee Member or any Member’s advisors shall at any time breach, violate or fail to comply fully with any of the terms, provisions or conditions of this Article, the Company shall be entitled to equitable relief by way of injunction (in addition to, but not in substitution for, any and all other relief to which the Company may be entitled either in law or in equity) to restrain such breach or violation or to require compliance fully with the terms, provisions or conditions of this Article. In any such proceeding the Members and the Executive Committee Members agree not to raise as a defense in any such proceeding any allegation that any of the provisions of this Article are either unnecessary or unreasonable or that any of them illegally restrain trade or any personal rights. The Members further agree to reimburse the Company for any cost of enforcing the provisions of this Article, including reasonable attorney’s fees.
Remedies of Company. No sale, assignment, pledge or transfer of any of the shares covered by this Option shall be effective or given effect on the books of the Company unless all of the applicable provisions of this Appendix A have been duly complied with, and the Company may inscribe on the face of any certificate representing any of such shares a legend referring to the provisions of this Appendix A. If any transfer of shares is made or attempted in violation of the foregoing restrictions, or if shares are not offered to the Company as required hereby, the Company shall have the right to purchase such shares from the owner thereof or his transferee at any time before or after the transfer, as herein provided. In addition to any other legal or equitable remedies which it may have, the Company may enforce its rights by actions for specific performance (to the extent permitted by law) and may refuse to recognize any transferee as one of its stockholders for any purpose, including, without limitation, for purposes of dividend and voting rights, until all applicable provisions hereof have been complied with.
Remedies of Company. (a) Should any default, as provided in paragraph 5 above, continue for a period of five (5) days or more and is not cured within ten (10) days of the Company's giving notice of such default to the Purchaser, the Note shall become immediately due and payable at the option of the Company, the Company shall have the right to take possession and proceed against the Collateral in accordance with this Agreement or the Stock Purchase Agreement, and the Company shall have all the rights and remedies provided by law, particularly the provisions of the Commercial Code of the State of California -- Investment Securities and -- Secured Transactions.
(b) Purchaser waives the benefit of any statute of limitations affecting his liability under this Agreement, the Stock Purchase Agreement or the Note, or the enforcement thereof, and agrees that any payment of any indebtedness or other act which shall toll any statute of limitations applicable thereto shall similarly operate to toll such statute of limitations applicable to this Agreement, the Stock Purchase Agreement or the Note. Purchaser waives all presentments, demands for performance, notices of non-performance, protests, notices of protest, notices of dishonor and notices of acceptance of this Agreement or the Note, with respect to any default and liability under this Agreement and the Note.
(c) Should the Company proceed against all or any part of the Collateral, it may proceed to do so by sale, public or private, and in the market or in private or negotiated sale or sales, and subject to such terms and conditions, all as the Company in its sole discretion deems proper; provided, however, that should the Company purchase all or part of the Collateral at a private sale, it is expressly agreed by Purchaser that fair market value of the Collateral may be established by the Company using the most recent sales price for shares of its similarly restricted stock or the initial purchase price of the Collateral, whichever is greater. It is agreed and understood that sale of the Shares under investment letter is a commercially reasonable disposition. The aggregate proceeds of such sale or sales shall be applied by the Company as follows:
(i) The Company shall first pay itself all reasonable costs and expenses of preparing for and conducting such sale or sales, including without limitation its legal expenses and fees incurred;
(ii) The unpaid balance of the Note plus ten percent (10%) per annum simple interest on such balance ...
Remedies of Company. (a) If any of the events set out in Section 4 above has occurred and continues for a period of five days or more, the Note shall become immediately due and payable, at the option of the Company, and the Company shall have the right to take possession and proceed against the Collateral in accordance with this Security Agreement or the Stock Purchase Agreement.
(b) Investor waives the benefit of any statute of limitations affecting his or her liability under this Security Agreement, the Stock Purchase Agreement or the Note, or the enforcement thereof, and agrees that any payment of any indebtedness or other act which shall toll any statute of limitations applicable thereto shall similarly operate to toll such statute of limitations applicable to this Security Agreement, the Stock Purchase Agreement or the Note. Investor waives all presentments, demands for performance, notices of non-performance, protests, notices of protest, notices of dishonor and notices of acceptance of this Security Agreement or the Note, with respect to any of the events occurred as provided in Section 5 above under this Security Agreement and the Note.
Remedies of Company. Upon the occurrence of an Event of Default by Manager as specified in Section 6.02 hereof, Company shall be entitled to terminate this Agreement and Manager shall be entitled to its fee due and owing on the date of termination, subject to the right of Company to offset for any monies due Company. Upon such termination, Manager shall deliver to Company, within thirty (30) days thereunder, such funds, books and records of Company then in possession or control of Manager.
Remedies of Company. Each of the Members (which term, for purposes of this Section only, includes the Manager, whether or not the Manager is a Member) agrees that the scope and time periods contained in this Article have been carefully considered and specifically agreed to as being reasonable and necessary. If any of the Members shall at any time breach, violate or fail to comply fully with any of the terms, provisions or conditions of this Article, the Company shall be entitled to equitable relief by way of injunction (in addition to, but not in substitution for, any and all other relief to which the Company may be entitled either in law or in equity) to restrain such breach or violation or to require compliance fully with the terms, provisions or conditions of this Article. Each Member further agrees to reimburse the Company for any cost of enforcing the provisions of this Article, including reasonable attorney’s fees.
Remedies of Company. The Company shall have at all times, all rights and remedies that it has at law and in equity hereunder or otherwise.
Remedies of Company. 9.1 The Employee acknowledges the restrictions imposed by this Agreement are reasonable and are necessary to protect the legitimate business interests of the Company.
9.2 If the Employee breaches or threatens to breach the restrictions imposed by this Agreement, the Employee agrees the Company would suffer irreparable harm for which money would be an inadequate remedy. Accordingly, the Employee agrees that the Company has the right to obtain injunctive or other equitable relief in addition to any other available remedies and the Company shall have the additional right to recover from the Employee court costs and reasonable attorneys fees incurred by the Company in protection of its interests hereunder.
Remedies of Company. Upon the occurrence of an Event of Default set forth in Section 7.3 above, and after the parties have first followed the process described in Section 7.4 above, Company will have the right to immediately terminate this Agreement in whole or in part upon written notice to the Bank; and all other remedies available at law or in equity which Company may elect to pursue, all such remedies being cumulative.
