REMEDIES, OTHER OBLIGATIONS, BREACHES AND INJUNCTIVE RELIEF. The Investor’s remedies provided in this Agreement, including, without limitation, the Investor’s remedies provided in Section 9, shall be cumulative and in addition to all other remedies available to the Investor under this Agreement, at law or in equity (including a decree of specific performance and/or other injunctive relief), no remedy of the investor contained herein shall be deemed a waiver of compliance with the provisions giving rise to such remedy and nothing herein shall limit the Investor’s right to pursue actual damages for any failure by the other party to comply with the terms of this Agreement. The parties acknowledge that a breach by any party of its obligations hereunder will cause irreparable harm to the non-breaching party and that the remedy at law for any such breach may be inadequate. The parties therefore agree that, in the event of any such breach or threatened breach, the non-breaching party 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 10 contracts
Samples: Purchase Agreement (Vaccinex, Inc.), Purchase Agreement (HTG Molecular Diagnostics, Inc), Purchase Agreement (Kempharm, Inc)
REMEDIES, OTHER OBLIGATIONS, BREACHES AND INJUNCTIVE RELIEF. The Investor’s parties’ remedies provided in this Agreement, including, without limitation, the Investor’s remedies provided in Section 9, shall be cumulative and in addition to all other remedies available to the Investor parties under this Agreement, at law or in equity (including a decree of specific performance and/or other injunctive relief), no remedy of the investor any party contained herein shall be deemed a waiver of compliance with the provisions giving rise to such remedy and nothing herein shall limit the Investorany party’s right to pursue actual damages for any failure by the other party to comply with the terms of this Agreement. The parties acknowledge that a breach by any party of its obligations hereunder will cause irreparable harm to the non-breaching party and that the remedy at law for any such breach may be inadequate. The parties therefore agree that, in the event of any such breach or threatened breach, the non-breaching party 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 8 contracts
Samples: Purchase Agreement (Caladrius Biosciences, Inc.), Purchase Agreement Purchase Agreement (Achieve Life Sciences, Inc.), Purchase Agreement Purchase Agreement (Us Geothermal Inc)
REMEDIES, OTHER OBLIGATIONS, BREACHES AND INJUNCTIVE RELIEF. The Investor’s parties’ remedies provided in this Agreement, including, without limitation, the Investor’s parties’ remedies provided in Section 9, shall be cumulative and in addition to all other remedies available to the Investor parties under this Agreement, at law or in equity (including a decree of specific performance and/or other injunctive relief), no remedy of the investor any party contained herein shall be deemed a waiver of compliance with the provisions giving rise to such remedy and nothing herein shall limit the Investor’s parties’ right to pursue actual damages for any failure by the other either party to comply with the terms of this Agreement. The parties acknowledge Each party acknowledges that a breach by any party it of its obligations hereunder will cause irreparable harm to the non-breaching other party and that the remedy at law for any such breach may be inadequate. The parties Each party therefore agree agrees that, in the event of any such breach or threatened breach, the non-breaching other party 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 7 contracts
Samples: Purchase Agreement (Altamira Therapeutics Ltd.), Purchase Agreement (Auris Medical Holding Ltd.), Purchase Agreement (Auris Medical Holding AG)
REMEDIES, OTHER OBLIGATIONS, BREACHES AND INJUNCTIVE RELIEF. The Investor’s remedies provided in this Agreement, including, without limitation, the Investor’s remedies provided in Section 9, shall be cumulative and in addition to all other remedies available to the Investor under this Agreement, at law or in equity (including a decree of specific performance and/or other injunctive relief), no remedy of the investor Investor contained herein shall be deemed a waiver of compliance with the provisions giving rise to such remedy and nothing herein shall limit the Investor’s right to pursue actual damages for any failure by the other party Company to comply with the terms of this Agreement. The parties acknowledge that a breach by any party of its obligations hereunder will cause irreparable harm to the non-breaching party and that the remedy at law for any such breach may be inadequate. The parties therefore agree that, in the event of any such breach or threatened breach, the non-breaching party 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 6 contracts
Samples: Purchase Agreement (Evaxion Biotech a/S), Purchase Agreement (Nabriva Therapeutics PLC), Purchase Agreement (Trevi Therapeutics, Inc.)
REMEDIES, OTHER OBLIGATIONS, BREACHES AND INJUNCTIVE RELIEF. The Investor’s parties remedies provided in this Agreement, including, without limitation, the Investor’s remedies provided in Section 9, shall be cumulative and in addition to all other remedies available to the Investor parties under this Agreement, at law or in equity (including a decree of specific performance and/or other injunctive relief), no remedy of the investor any party contained herein shall be deemed a waiver of compliance with the provisions giving rise to such remedy and nothing herein shall limit the Investorany party’s right to pursue actual damages for any failure by the other party to comply with the terms of this Agreement. The parties acknowledge that a breach by any party of its obligations hereunder will cause irreparable harm to the non-breaching party and that the remedy at law for any such breach may be inadequate. The parties therefore agree that, in the event of any such breach or threatened breach, the non-breaching party 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 5 contracts
Samples: Purchase Agreement (Conformis Inc), Purchase Agreement (Oncolytics Biotech Inc), Purchase Agreement (Cardiome Pharma Corp)
REMEDIES, OTHER OBLIGATIONS, BREACHES AND INJUNCTIVE RELIEF. The Investor’s remedies provided in this Agreement, including, without limitation, the Investor’s remedies provided in Section 9, Agreement shall be cumulative and in addition to all other remedies available to the Investor a party under this Agreement, at law or in equity (including a decree of specific performance and/or other injunctive relief), no remedy of the investor a party contained herein shall be deemed a waiver of compliance with the provisions giving rise to such remedy and nothing herein shall limit the Investorsuch party’s right to pursue actual damages for any failure by the other party to comply with the terms of this Agreement. The parties acknowledge Each party acknowledges that a breach by any party it of its obligations hereunder will cause irreparable harm to the non-breaching other party and that the remedy at law for any such breach may be inadequate. The parties Each party therefore agree agrees that, in the event of any such breach or threatened breach, the non-breaching other party 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 5 contracts
Samples: Backstop Commitment Purchase Agreement (Delcath Systems, Inc.), Backstop Commitment Purchase Agreement (Delcath Systems, Inc.), Backstop Commitment Purchase Agreement (Delcath Systems, Inc.)
REMEDIES, OTHER OBLIGATIONS, BREACHES AND INJUNCTIVE RELIEF. The Investor’s Except as set forth in the Transaction Documents, the parties’ remedies provided in this Agreement, including, without limitation, the Investor’s remedies provided in Section 9, shall be cumulative and in addition to all other remedies available to the Investor parties under this Agreement, at law or in equity (including a decree of specific performance and/or other injunctive relief), no remedy of the investor any party contained herein shall be deemed a waiver of compliance with the provisions giving rise to such remedy and nothing herein shall limit the Investor’s parties’ right to pursue actual damages for any failure by the other party Company to comply with the terms of this Agreement. The parties acknowledge Company acknowledges that a breach by any party it of its obligations hereunder will cause irreparable harm to the non-breaching party Investor and that the remedy at law for any such breach may be inadequate. The parties Company therefore agree agrees that, in the event of any such breach or threatened breach, the non-breaching party 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 4 contracts
Samples: Purchase Agreement (Agrify Corp), Purchase Agreement (SRIVARU Holding LTD), Purchase Agreement (Alpine 4 Holdings, Inc.)
REMEDIES, OTHER OBLIGATIONS, BREACHES AND INJUNCTIVE RELIEF. The Investor’s remedies provided in this Agreement, including, without limitation, the Investor’s remedies provided in Section 9, shall be cumulative and in addition to all other remedies available to the Investor under this Agreement, at law or in equity (including a decree of specific performance and/or other injunctive relief), no remedy of the investor Investor contained herein shall be deemed a waiver of compliance with the provisions giving rise to such remedy and nothing herein shall limit the Investor’s right to pursue actual damages for any failure by the other party Operating Partnership or the Company to comply with the terms of this Agreement. The parties acknowledge that a breach by any party of its obligations hereunder will cause irreparable harm to the non-breaching party and that the remedy at law for any such breach may be inadequate. The parties therefore agree that, in the event of any such breach or threatened breach, the non-breaching party 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 3 contracts
Samples: Purchase Agreement (Braemar Hotels & Resorts Inc.), Purchase Agreement (Ashford Hospitality Trust Inc), Purchase Agreement (Ashford Hospitality Trust Inc)
REMEDIES, OTHER OBLIGATIONS, BREACHES AND INJUNCTIVE RELIEF. The InvestorEach party’s remedies provided in this Agreement, including, without limitation, the Investor’s remedies provided in Section 9, Agreement shall be cumulative and in addition to all other remedies available to the Investor it under this Agreement, at law or in equity (including a decree of specific performance and/or other injunctive relief), no remedy of the investor either party contained herein shall be deemed a waiver of compliance with the provisions giving rise to such remedy and nothing herein shall limit the Investoreither party’s right to pursue actual damages for any failure by the other party to comply with the terms of this Agreement. The parties acknowledge Each party acknowledges that a breach by any party it of its obligations hereunder will cause irreparable harm to the non-breaching party other and that the remedy at law for any such breach may be inadequate. The parties Each party therefore agree agrees that, in the event of any such breach or threatened breach, the non-breaching other party 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 3 contracts
Samples: Common Stock Purchase Agreement (Marijuana Co of America, Inc.), Common Stock Purchase Agreement (Dynavax Technologies Corp), Common Stock Purchase Agreement (Beacon Power Corp)
REMEDIES, OTHER OBLIGATIONS, BREACHES AND INJUNCTIVE RELIEF. The Investor’s parties’ remedies provided in this Agreement, including, without limitation, the Investor’s remedies provided in Section 99, shall be cumulative and in addition to all other remedies available to the Investor parties under this Agreement, at law or in equity (including a decree of specific performance and/or other injunctive relief), no remedy of the investor any party contained herein shall be deemed a waiver of compliance with the provisions giving rise to such remedy and nothing herein shall limit the Investorany party’s right to pursue actual damages for any failure by the other party to comply with the terms of this Agreement. The parties acknowledge that a breach by any party of its obligations hereunder will may cause irreparable harm to the non-breaching party and that the remedy at law for any such breach may be inadequate. The parties therefore agree that, in the event of any such breach or threatened breach, the non-breaching party 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: Purchase Agreement (BioLineRx Ltd.), Purchase Agreement (BioLineRx Ltd.)
REMEDIES, OTHER OBLIGATIONS, BREACHES AND INJUNCTIVE RELIEF. The Investor’s parties remedies provided in this Agreement, including, without limitation, the Investor’s remedies provided in Section 9, Agreement shall be cumulative and in addition to all other remedies available to the Investor parties under this Agreement, at law or in equity (including a decree of specific performance and/or other injunctive relief), no remedy of the investor a party contained herein shall be deemed a waiver of compliance with the provisions giving rise to such remedy and nothing herein shall limit the Investorsuch party’s right to pursue actual damages for any failure by the other party to comply with the terms of this Agreement. The parties acknowledge Each party acknowledges that a breach by any party it of its obligations hereunder will cause irreparable harm to the non-breaching party other and that the remedy at law for any such breach may be inadequate. The parties Each party therefore agree agrees that, in the event of any such breach or threatened breach, the non-breaching party 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: Purchase Agreement Purchase Agreement (Lightwave Logic, Inc.), Purchase Agreement (Lightwave Logic, Inc.)
REMEDIES, OTHER OBLIGATIONS, BREACHES AND INJUNCTIVE RELIEF. The Investor’s remedies provided in this Agreement, including, without limitation, the Investor’s remedies provided in Section 9, shall be cumulative and in addition to all other remedies available to the Investor under this Agreement, at law or in equity (including a decree of specific performance and/or other injunctive relief), no remedy of the investor Investor contained herein shall be deemed a waiver of compliance with the provisions giving rise to such remedy and nothing herein shall limit the Investor’s right to pursue actual damages for any failure by the other party Company to comply with the terms of this Agreement. The parties acknowledge that a breach by any party of its obligations hereunder will cause irreparable harm to the non-breaching party and that the remedy at law for any such breach may be inadequate. The parties therefore agree that, in the event of any such breach or threatened breach, the non-breaching party shall be entitled, in addition to all other available remedies, to seek 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: Purchase Agreement (Helius Medical Technologies, Inc.), Purchase Agreement (Acer Therapeutics Inc.)
REMEDIES, OTHER OBLIGATIONS, BREACHES AND INJUNCTIVE RELIEF. The Investor’s remedies provided in this Agreement, including, without limitation, the Investor’s remedies provided in Section 9, shall be cumulative and in addition to all other remedies available to the Investor under this Agreement, at law or in equity (including a decree of specific performance and/or other injunctive relief), no . No remedy of the investor Investor contained herein shall be deemed a waiver of compliance with the provisions giving rise to such remedy and nothing herein shall limit the Investor’s right to pursue actual damages for any failure by the other party Company to comply with the terms of this Agreement. The parties acknowledge that a breach by any party of its obligations hereunder will cause irreparable harm to the non-breaching party and that the remedy at law for any such breach may be inadequate. The parties therefore agree that, in the event of any such breach or threatened breach, the non-breaching party 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: Purchase Agreement (Chicken Soup for the Soul Entertainment, Inc.), Purchase Agreement (VYNE Therapeutics Inc.)
REMEDIES, OTHER OBLIGATIONS, BREACHES AND INJUNCTIVE RELIEF. The Investor’s remedies of a party provided in this Agreement, including, without limitation, the Investor’s remedies provided in Section 9, Agreement shall be cumulative and in addition to all other remedies available to the Investor such party under this Agreement, at law or in equity (including a decree of specific performance and/or other injunctive relief), no remedy of the investor such party contained herein shall be deemed a waiver of compliance with the provisions giving rise to such remedy and nothing herein shall limit the Investorsuch party’s right to pursue actual damages for any failure by the other party to comply with the terms of this Agreement. The parties acknowledge Each party acknowledges that a breach by any party it of its obligations hereunder will may cause irreparable harm to the non-breaching other party and that the remedy at law for any such breach may be inadequate. The parties Each party therefore agree agrees that, in the event of any such breach or threatened breach, the non-breaching nonbreaching party 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: Subscription Agreement, Subscription Agreement (Rvue Holdings, Inc.)
REMEDIES, OTHER OBLIGATIONS, BREACHES AND INJUNCTIVE RELIEF. The Investor’s remedies provided in this Agreement, including, without limitation, the Investor’s remedies provided in Section 9, Warrant shall be cumulative and in addition to all other remedies available to the Investor under this AgreementWarrant and any other Transaction Documents, at law or in equity (including a decree of specific performance and/or other injunctive relief), no remedy of the investor contained herein shall be deemed a waiver of compliance with the provisions giving rise to such remedy and nothing herein shall limit the Investor’s right rights of the Holder or the Company to pursue actual damages for any failure by the other party to comply with the terms of this AgreementWarrant. The parties acknowledge Each of the Company and the Holder acknowledges that a breach by any such party of its obligations hereunder will cause irreparable harm to the non-breaching other party and that the remedy at law for any such breach may be inadequate. The parties Company and the Holder therefore agree that, in the event of any such breach or threatened breach, the non-breaching other party 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: Securities Purchase Agreement (Tellurian Inc. /De/), Securities Purchase Agreement (Tellurian Inc. /De/)
REMEDIES, OTHER OBLIGATIONS, BREACHES AND INJUNCTIVE RELIEF. The Investor’s parties’ remedies provided in this Agreement, including, without limitation, the Investor’s and the Company’s remedies provided in Section 9, shall be cumulative and in addition to all other remedies available to the Investor parties under this Agreement, at law or in equity (including a decree of specific performance and/or other injunctive relief), no remedy of the investor any party contained herein shall be deemed a waiver of compliance with the provisions giving rise to such remedy and nothing herein shall limit the Investorany party’s right to pursue actual damages for any failure by the other party to comply with the terms of this Agreement. The parties acknowledge that a breach by any party of its obligations hereunder will cause irreparable harm to the non-breaching party and that the remedy at law for any such breach may be inadequate. The parties therefore agree that, in the event of any such breach or threatened breach, the non-breaching party 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: Purchase Agreement (Enova Systems Inc), Purchase Agreement (Pure Bioscience, Inc.)
REMEDIES, OTHER OBLIGATIONS, BREACHES AND INJUNCTIVE RELIEF. The Investor’s Parties’ respective remedies provided in this Agreement, including, without limitation, the Investor’s remedies provided in Section 9, Agreement shall be cumulative and in addition to all other remedies available to the Investor under this Agreementcumulative, at law or in equity (including a decree of specific performance and/or other injunctive relief), no remedy of the investor Investor contained herein shall be deemed a waiver of compliance with the provisions giving rise to such remedy and nothing herein shall limit the Investor’s right parties’ rights to pursue actual damages for any failure by the other party to comply with the terms of this Agreement. The parties acknowledge that a breach by any party of its obligations hereunder will cause irreparable harm to the non-breaching party and that the remedy at law for any such breach may be inadequate. The parties therefore agree that, in the event of any such breach or threatened breach, the non-breaching party 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, OTHER OBLIGATIONS, BREACHES AND INJUNCTIVE RELIEF. The Investor’s remedies provided in this Agreement, including, without limitation, the Investor’s remedies provided in Section 9, shall be cumulative and in addition to all other remedies available to the Investor under this Agreement, at law or in equity (including a decree of specific performance and/or other injunctive relief), no remedy of the investor Investor contained herein shall be deemed a waiver of compliance with the provisions giving rise to such remedy and nothing herein shall limit the Investor’s right to pursue actual damages for any failure by the other party Company to comply with the terms of this Agreement. The parties acknowledge acknowledges that a breach by any other party of its obligations hereunder will cause irreparable harm to the non-breaching party and that the remedy at law for any such breach may be inadequate. The parties therefore agree agrees that, in the event of any such breach or threatened breach, the non-breaching party 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, OTHER OBLIGATIONS, BREACHES AND INJUNCTIVE RELIEF. The Investor’s remedies provided in this Agreement, including, without limitation, the Investor’s remedies provided in Section 9, shall be cumulative and in addition to all other remedies available to the Investor under this Agreement, at law or in equity (including a decree of specific performance and/or other injunctive relief), no remedy of the investor Investor contained herein shall be deemed a waiver of compliance with the provisions giving rise to such remedy and nothing herein shall limit the Investor’s right to pursue actual damages for any failure by the other party Company to comply with the terms of this Agreement. The parties Parties acknowledge that a breach by any party the other of its obligations hereunder will cause irreparable harm to the non-breaching party harmed Party and that the remedy at law for any such breach may be inadequate. The parties Parties therefore agree that, in the event of any such breach or threatened breach, the non-breaching party harmed Party 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, OTHER OBLIGATIONS, BREACHES AND INJUNCTIVE RELIEF. The Investor’s remedies provided in this Agreement, including, without limitation, the Investor’s remedies provided in Section 9, shall be cumulative and in addition to all other remedies available to the Investor under this Agreement, at law or in equity (including a decree of specific performance and/or other injunctive relief), no remedy of the investor Investor contained herein shall be deemed a waiver of compliance with the provisions giving rise to such remedy and nothing herein shall limit the Investor’s right to pursue actual damages for any failure by the other party to comply with the terms of this Agreement. The parties acknowledge that a breach by any party of its obligations hereunder will cause irreparable harm to the non-breaching party and that the remedy at law for any such breach may be inadequate. The parties therefore agree that, in the event of any such breach or threatened breach, the non-breaching party 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, OTHER OBLIGATIONS, BREACHES AND INJUNCTIVE RELIEF. The InvestorEach party’s remedies provided in this Agreement, including, without limitation, the Investor’s remedies provided in Section 9, Agreement shall be cumulative and in addition to all other remedies available to the Investor it under this Agreement, at law or in equity (including a decree of specific performance and/or other injunctive relief), no remedy of the investor either party contained herein shall be deemed a waiver of compliance with the provisions giving rise to such remedy and nothing herein shall limit the Investoreither party’s right to pursue actual damages for any failure by the other party to comply with the terms of this Agreement. The parties acknowledge Each party acknowledges that a breach by any party it of its obligations hereunder will cause irreparable harm to the non-breaching party other and that the remedy at law for any such breach may be inadequate. The parties Each party therefore agree agrees that, in the event of any such breach or threatened breach, the non-breaching other party 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, OTHER OBLIGATIONS, BREACHES AND INJUNCTIVE RELIEF. The Investor’s remedies provided in this Agreement, including, without limitation, the Investor’s remedies provided in Section 9, shall be cumulative and in addition to all other remedies available to the Investor under this Agreement, at law or in equity (including a decree of specific performance and/or other injunctive relief), no remedy of the investor Investor contained herein shall be deemed a waiver of compliance with the provisions giving rise to such remedy and nothing herein shall limit the Investor’s right to pursue actual damages for any failure by the other party Company to comply with the terms of this Agreement. The parties acknowledge acknowledges that a breach by any party of its obligations hereunder will cause irreparable harm to the non-breaching party and that the remedy at law for any such breach may be inadequate. The parties therefore agree that, in the event of any such breach or threatened breach, the non-breaching party 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
Samples: Purchase Agreement Purchase Agreement (Plus Therapeutics, Inc.)
REMEDIES, OTHER OBLIGATIONS, BREACHES AND INJUNCTIVE RELIEF. The Investor’s remedies provided in this Agreement, including, without limitation, the Investor’s remedies provided in Section 9, shall be cumulative and in addition to all other remedies available to the Investor under this Agreement, at law or in equity (including a decree of specific performance and/or other injunctive relief), no remedy of the investor Investor contained herein shall be deemed a waiver of compliance with the provisions giving rise to such remedy and nothing herein shall limit the Investor’s 's right to pursue actual damages for any failure by the other party Company to comply with the terms of this Agreement. The parties acknowledge acknowledges that a breach by any party of its obligations hereunder will cause irreparable harm to the non-breaching party and that the remedy at law for any such breach may be inadequate. The parties therefore agree that, in the event of any such breach or threatened breach, the non-breaching party 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, OTHER OBLIGATIONS, BREACHES AND INJUNCTIVE RELIEF. The Investor’s remedies provided in this Agreement, including, without limitation, the Investor’s remedies provided in Section 9, Agreement shall be cumulative and in addition to all other remedies available to the Investor under this Agreement, at law or in equity (including a decree of specific performance and/or other injunctive relief), no remedy of the investor Investor contained herein shall be deemed a waiver of compliance with the provisions giving rise to such remedy and nothing herein shall limit the Investor’s 's right to pursue actual damages for any failure by the other party Company to comply with the terms of this Agreement. The Each of the parties acknowledge acknowledges that a breach by any party it of its obligations hereunder will cause irreparable harm to the non-breaching other party and that the remedy at law for any such breach may be inadequate. The Each of the parties therefore agree agrees that, in the event of any such breach or threatened breach, the non-breaching other party 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, OTHER OBLIGATIONS, BREACHES AND INJUNCTIVE RELIEF. The Investor’s remedies provided in this Agreement, including, without limitation, the Investor’s remedies provided in Section 9, Warrant shall be cumulative and in addition to all other remedies available to the Investor under this AgreementWarrant and any other Transaction Documents, at law or in equity (including a decree of specific performance and/or other injunctive relief), no remedy of the investor contained herein shall be deemed a waiver of compliance with the provisions giving rise to such remedy and nothing herein shall limit the Investor’s right of the Holder or the Company to pursue actual damages for any failure by the other party to comply with the terms of this AgreementWarrant. The parties acknowledge Each of the Company and the Holder acknowledges that a breach by any such party of its obligations hereunder will cause irreparable harm to the non-breaching other party and that the remedy at law for any such breach may be inadequate. The parties Company and the Holder therefore agree that, in the event of any such breach or threatened breach, the non-breaching other party 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.
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