Remedies. In the event of a breach by the Company or by a Holder, of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 1220 contracts
Samples: Registration Rights Agreement (Applied Digital Corp.), Registration Rights Agreement (Athena Gold Corp), Registration Rights Agreement (White River Energy Corp.)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Each of the Company and each Holder agree agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 1122 contracts
Samples: Registration Rights Agreement (Transcode Therapeutics, Inc.), Registration Rights Agreement (Nano Nuclear Energy Inc.), Registration Rights Agreement (LogicMark, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 308 contracts
Samples: Registration Rights Agreement (Lucid Diagnostics Inc.), Registration Rights Agreement (Super League Enterprise, Inc.), Registration Rights Agreement (ProMIS Neurosciences Inc.)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 293 contracts
Samples: Registration Rights Agreement (Rallybio Corp), Registration Rights Agreement (Blue Ridge Bankshares, Inc.), Securities Purchase Agreement (Blue Ridge Bankshares, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, of any of their obligations under this Agreement, each such Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 100 contracts
Samples: Registration Rights Agreement (Kaching Kaching, Inc.), Registration Rights Agreement (OptimizeRx Corp), Registration Rights Agreement (Duke Mining Company, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 90 contracts
Samples: Registration Rights Agreement (Amesite Operating Co), Registration Rights Agreement (Amesite Operating Co), Registration Rights Agreement (Amesite Inc.)
Remedies. In the event of a actual or potential breach by the Company or by a Holder, of any of their its obligations under this Agreement, each Holder or the Company, as the case may beHolder, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 71 contracts
Samples: Merger Agreement (Dril-Quip Inc), Registration Rights Agreement (Atlas Energy Solutions Inc.), Merger Agreement (Atlas Energy Solutions Inc.)
Remedies. In the event of a breach by the Company or by a Holder, of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees agree that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 55 contracts
Samples: Registration Rights Agreement (Caladrius Biosciences, Inc.), Securities Purchase Agreement (Aimmune Therapeutics, Inc.), Registration Rights Agreement (Aimmune Therapeutics, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses Losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 33 contracts
Samples: Registration Rights Agreement (Titan Environmental Solutions Inc.), Registration Rights Agreement (Titan Environmental Solutions Inc.), Registration Rights Agreement (cbdMD, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, the Investor of any of their respective obligations under this Agreement, each Holder the Investor or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Each of the Company and each Holder agree the Investor agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 28 contracts
Samples: Registration Rights Agreement (Dolphin Entertainment, Inc.), Registration Rights Agreement (Dolphin Entertainment, Inc.), Registration Rights Agreement (Dolphin Entertainment, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their obligations under this Agreement, each such Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Each of the Company and each Holder agree agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 22 contracts
Samples: Registration Rights Agreement (Stemtech Corp), Registration Rights Agreement (Exactus, Inc.), Registration Rights Agreement (Emmaus Life Sciences, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, -------- of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 21 contracts
Samples: Convertible Debenture and Convertible Preferred Stock Purchase Agreement (Tamboril Cigar Co), Series E Convertible Preferred Stock Exchange and Purchase Agreement (Fonix Corp), Registration Rights Agreement (Hienergy Technologies Inc)
Remedies. In the event of a breach by the Company or by a the Holder, of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 18 contracts
Samples: Convertible Note Purchase Agreement (TechCare Corp.), Registration Rights Agreement (Gei Global Energy Corp.), Registration Rights Agreement (Titan Iron Ore Corp.)
Remedies. In the event of a breach by the Company or by a Holder, of any of their its obligations under this Agreement, each Holder or the Company, as the case may beHolder, in addition to being entitled to exercise all rights provided herein or, in the case of FBR, in the Purchase/Placement Agreement, or granted by law and under this Agreementlaw, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Subject to Section 6, the Company and each Holder agree agrees that monetary damages would not provide be adequate compensation for any losses loss incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees agree that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 17 contracts
Samples: Purchase/Placement Agreement (Datapath Inc), Registration Rights Agreement (Datapath Inc), Registration Rights Agreement (Horsehead Holding Corp)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to seek specific performance of its rights under this Agreement, without the requirement of posting a bond. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 16 contracts
Samples: Registration Rights Agreement (PSQ Holdings, Inc.), Registration Rights Agreement (LanzaTech Global, Inc.), Registration Rights Agreement (Cartesian Therapeutics, Inc.)
Remedies. In Subject to the limitations set forth elsewhere in this Agreement, in the event of a breach by the Company or by a Holder, Holder of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 16 contracts
Samples: Registration Rights Agreement (NeuroBo Pharmaceuticals, Inc.), Registration Rights Agreement (Ancora Advisors, LLC), Registration Rights Agreement (Potbelly Corp)
Remedies. In the event of a breach by the Company or by a the Holder, of any of their obligations under this Agreement, each the Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each the Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 16 contracts
Samples: Registration Rights Agreement (Organic to Go Food CORP), Registration Rights Agreement (New Dragon Asia Corp), Registration Rights Agreement (Tube Media Corp.)
Remedies. In the event of a breach by the Company or by a Holder, of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 14 contracts
Samples: Registration Rights Agreement (COPsync, Inc.), Registration Rights Agreement (Full House Resorts Inc), Registration Rights Agreement (Full House Resorts Inc)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Each of the Company and each Holder agree agrees that monetary damages would may not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 13 contracts
Samples: Registration Rights Agreement (Perspective Therapeutics, Inc.), Registration Rights Agreement (Perspective Therapeutics, Inc.), Registration Rights Agreement (Lantheus Holdings, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this AgreementAgreement (without the obligation to post a bond or any other type of security). The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 12 contracts
Samples: Registration Rights Agreement (InsPro Technologies Corp), Registration Rights Agreement (InsPro Technologies Corp), Registration Rights Agreement (InsPro Technologies Corp)
Remedies. In the event of a breach by the Company or by a Holder, the Holder of any of their respective obligations under this Agreement, each the Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Each of the Company and each the Holder agree agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 12 contracts
Samples: Registration Rights Agreement (T Stamp Inc), Registration Rights Agreement (T Stamp Inc), Registration Rights Agreement (Giga Tronics Inc)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, Agreement will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 10 contracts
Samples: Registration Rights Agreement (Sysorex Global Holdings Corp.), Registration Rights Agreement (Sysorex Global Holdings Corp.), Registration Rights Agreement (SignPath Pharma, Inc.)
Remedies. In the event of a breach by the Company or by a -------- Holder, of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 10 contracts
Samples: Registration Rights Agreement (Elinear Inc), Registration Rights Agreement (Level 8 Systems Inc), Registration Rights Agreement (Appiant Technologies Inc)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate. Notwithstanding the foregoing, the sole and exclusive remedy for a Registration Event shall be as set forth in Section 3(d).
Appears in 10 contracts
Samples: Registration Rights Agreement (Clean Coal Technologies Inc.), Registration Rights Agreement (Cur Media, Inc.), Registration Rights Agreement (Symbid Corp.)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees agree that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 10 contracts
Samples: Registration Rights Agreement (Sorrento Therapeutics, Inc.), Registration Rights Agreement (Heska Corp), Securities Purchase Agreement (Heska Corp)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Each of the Company and each Holder agree agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 9 contracts
Samples: Registration Rights Agreement (SIMPLICITY ESPORTS & GAMING Co), Registration Rights Agreement (SIMPLICITY ESPORTS & GAMING Co), Registration Rights Agreement (SIMPLICITY ESPORTS & GAMING Co)
Remedies. In the event of a breach by the Company or by a Holder, -------- Holder of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 9 contracts
Samples: Registration Rights Agreement (Camden Partners Strategic Ii LLC), Registration Rights Agreement (Agribiotech Inc), Registration Rights Agreement (DigitalFX International Inc)
Remedies. In the event of a breach by the Company or by a Holder, of any of their obligations under this Agreement, each non-breaching Holder or the and Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 9 contracts
Samples: Registration Rights Agreement (Crinetics Pharmaceuticals, Inc.), Registration Rights Agreement (Kura Oncology, Inc.), Registration Rights Agreement (Exicure, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to seek specific performance of its rights under this Agreement. The Each of the Company and each Holder agree agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action Action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 8 contracts
Samples: Registration Rights Agreement (Vaccinex, Inc.), Registration Rights Agreement (Vaccinex, Inc.), Registration Rights Agreement (Vaccinex, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees agree that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate. In addition, the remedies provided herein are cumulative and not exclusive of any remedies provided by law.
Appears in 8 contracts
Samples: Registration Rights Agreement (Fly Leasing LTD), Registration Rights Agreement (Fly Leasing LTD), Registration Rights Agreement (Summit Aviation Partners LLC)
Remedies. In the event of a breach by the Company or by a Holder, of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees agree that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 8 contracts
Samples: Registration Rights Agreement (Deep Medicine Acquisition Corp.), Registration Rights Agreement, Registration Rights Agreement (Cellular Biomedicine Group, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, of any of their obligations under this Agreement, each other Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 7 contracts
Samples: Registration Rights Agreement (Callisto Pharmaceuticals Inc), Registration Rights Agreement (Bio Bridge Science Inc), Registration Rights Agreement (Xenomics Inc)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their respective obligations under this Agreement, each the Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Each of the Company and each Holder agree agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 7 contracts
Samples: Registration Rights Agreement (Endexx Corp), Registration Rights Agreement (Endexx Corp), Registration Rights Agreement (NXT-Id, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreementlaw, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide be adequate compensation for any losses loss incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Registration Rights Agreement (Kapson Senior Quarters Corp), Registration Rights Agreement (Lomak Petroleum Inc), Registration Rights Agreement (Offshore Tool & Energy Corp)
Remedies. In Except as otherwise provided in Section 2.6 below, in the event of a breach by the Company or by a Holder, Holder of any of their obligations under this Agreement, each such Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The , and each of the Company and each Holder agree agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Registration Rights Agreement (SANUWAVE Health, Inc.), Registration Rights Agreement (SANUWAVE Health, Inc.), Registration Rights Agreement (SANUWAVE Health, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to seek specific performance of its rights under this Agreement. The Each of the Company and each Holder agree agrees that monetary damages would may not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Registration Rights Agreement (Adverum Biotechnologies, Inc.), Registration Rights Agreement (Outlook Therapeutics, Inc.), Registration Rights Agreement (Outlook Therapeutics, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Registration Rights Agreement (Intellinetics, Inc.), Registration Rights Agreement (Intellinetics, Inc.), Registration Rights Agreement (Intellinetics, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Each of the Company and each Holder agree agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate..
Appears in 6 contracts
Samples: Registration Rights Agreement (Parkervision Inc), Registration Rights Agreement (Parkervision Inc), Registration Rights Agreement (Parkervision Inc)
Remedies. In the event of a breach by the Company or by a Holder, of any of their its obligations under this AgreementAgreement (other than an Event), each Holder or the Company, as the case may beHolder, in addition to being entitled to exercise all rights provided herein, in the Indenture or, in the case of the Initial Purchaser, in the Purchase Agreement, or granted by law and under this Agreementlaw, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree agrees that monetary damages would not provide be adequate compensation for any losses loss incurred by reason of a such as breach by it of any of the provisions of this Agreement Company and hereby further agrees that, in the event of any action for specific performance in respect of such breacha breach by the Company, it the Company shall waive the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Registration Rights Agreement (Leucadia National Corp), Registration Rights Agreement (Leucadia National Corp), Registration Rights Agreement (Leucadia National Corp)
Remedies. In the event of a breach by the Company or by a Holder, the Purchaser of any of their respective obligations under this Agreement, each Holder the Company or the CompanyPurchaser, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder the Purchaser acknowledge and agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it either of them of any of the provisions of this Agreement and each hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Registration Rights Agreement (Eastman Kodak Co), Registration Rights Agreement (Tempus Applied Solutions Holdings, Inc.), Registration Rights Agreement (Eliasch Johan)
Remedies. In the event of a breach by the Company or by a Holder, of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Registration Rights Agreement (Fonix Corp), Registration Rights Agreement (Patron Systems Inc), Registration Rights Agreement (Fonix Corp)
Remedies. In the event of a breach by the Company or by a Holder, Holder -------- of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Registration Rights Agreement (Boston Life Sciences Inc /De), Registration Rights Agreement (Satcon Technology Corp), Registration Rights Agreement (Satcon Technology Corp)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their its obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees agree that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Registration Rights Agreement (Precision Biosciences Inc), Stock Purchase Agreement (Precision Biosciences Inc), Registration Rights Agreement (Mereo Biopharma Group PLC)
Remedies. In the event of a breach by the Company or by a Holder, the Holder of any of their its obligations under this Agreement, each the Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Each of the Company and each the Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Credit Agreement (ReShape Lifesciences Inc.), Credit Agreement (ReShape Lifesciences Inc.), Credit Agreement (Obalon Therapeutics Inc)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to seek to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Registration Rights Agreement (Wesbanco Inc), Registration Rights Agreement (Firstsun Capital Bancorp), Registration Rights Agreement (Southern First Bancshares Inc)
Remedies. In the event of a breach by the Company or by a Holder, the Purchasers of any of their respective obligations under this Agreement, each Holder the Company or the CompanyPurchasers, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder the Purchasers acknowledge and agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it either of them of any of the provisions of this Agreement and each hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Notes Purchase Agreement, Registration Rights Agreement (Eastman Kodak Co), Notes Purchase Agreement (Eastman Kodak Co)
Remedies. In the event of a breach by the Company or by a Holder, of any of their its obligations under this Agreement, each Holder or the Company, as the case may beof Registrable Securities, in addition to being entitled to exercise all rights provided herein, in the Indenture or, in the case of the Initial Purchasers, in the Purchase Agreement or granted by law and under this Agreementlaw, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree agrees that monetary damages would not provide be adequate compensation for any losses loss incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Registration Rights Agreement (Hermes Europe Railtel B V), Registration Rights Agreement (Global Telesystems Group Inc), Registration Rights Agreement (Hermes Europe Railtel B V)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to seek specific performance of its rights under this Agreement. The Each of the Company and each Holder agree agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Registration Rights Agreement (Carmell Corp), Registration Rights Agreement (Scilex Holding Co), Registration Rights Agreement (Oramed Pharmaceuticals Inc.)
Remedies. In the event of a breach by the Company or by a Holderthe Purchaser, of any of their obligations under this Agreement, each Holder the Purchaser or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder the Purchaser agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Registration Rights Agreement (CUI Global, Inc.), Registration Rights Agreement (Earthlink Inc), Registration Rights Agreement (Covad Communications Group Inc)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees agree that, in the event of any action for specific performance in respect of such breach, breach it shall waive the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Registration Rights Agreement (Healthaxis Inc), Registration Rights Agreement (Healthaxis Inc), Registration Rights Agreement (Tak Sharad Kumar)
Remedies. In the event of a breach by the Company or by a Holder, the Holder of any of their obligations under this Agreement, each the Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and the Holder each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees each agree that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Registration Rights Agreement (CenterStaging Corp.), Registration Rights Agreement (Knight Fuller Inc), Registration Rights Agreement (Cytrx Corp)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would may not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Registration Rights Agreement (Bancorp 34, Inc.), Registration Rights Agreement (Imcor Pharmaceutical Co), Registration Rights Agreement (Imcor Pharmaceutical Co)
Remedies. In the event of a breach by the Company or by a Holder, of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to seek specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Registration Rights Agreement (Arthrocare Corp), Registration Rights Agreement (OEP AC Holdings, LLC), Registration Rights Agreement (Hearx LTD)
Remedies. In the event of a breach by the Company or by a Holder, Investor of any of their respective obligations under this Agreement, each Holder Investor or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Each of the Company and each Holder agree Investor agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Subscription Agreement, Registration Rights Agreement (SolarWindow Technologies, Inc.), Registration Rights Agreement (SolarWindow Technologies, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, of any of their its obligations under this Agreement, each Holder or the Company, as the case may beHolder, in addition to being entitled to exercise all rights provided herein or granted by law and under this Agreementlaw, including the rights granted in Section 2 hereof and recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Subject to Section 7, the Company and each Holder agree agrees that monetary damages would not provide be adequate compensation for any losses loss incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Continuing Investor Registration Rights Agreement (NetSTREIT Corp.), Continuing Investor Registration Rights Agreement (NetSTREIT Corp.), Continuing Investor Registration Rights Agreement (NetSTREIT Corp.)
Remedies. In the event of a breach by the Company or by a Holderholder of Eligible Securities, of any of their obligations under this Agreement, each Holder holder of Eligible Securities or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreementlaw, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder holder of Eligible Securities agree that monetary damages would not provide be adequate compensation for any losses loss incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Registration Rights Agreement (Whwel Real Estate Lp), Warrant Agreement (Wellsford Real Properties Inc), Warrant Agreement (Whwel Real Estate Lp)
Remedies. In the event of a breach by the Company Company, on one hand, or by a Holder, on the other hand, of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree each agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Registration Rights Agreement (Forex365, Inc.), Registration Rights Agreement (WaferGen Bio-Systems, Inc.), Registration Rights Agreement (Neoview Holdings Inc.)
Remedies. In the event of a breach by the Company or by a Holder, of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damagesdam- ages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Registration Rights Agreement (JNC Opportunity Fund LTD), Registration Rights Agreement (JNC Opportunity Fund LTD), Registration Rights Agreement (I Link Inc)
Remedies. In the event of a breach by the Company or by a Holderthe Buyer, of any of their respective obligations under this Agreement, each Holder Buyer or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder Buyer agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Registration Rights Agreement (Ambient Water Corp), Registration Rights Agreement (Ambient Water Corp), Registration Rights Agreement (Ambient Water Corp)
Remedies. In the event of a breach by the Company or by a Holder, of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Blue Sky Media Corp), Registration Rights Agreement (Blue Sky Media Corp), Registration Rights Agreement (Cyberdefender Corp)
Remedies. In the event of a breach by the Company or by a Holder, an Investor of any of their obligations under this Agreement, each Holder Investor or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder Investor agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Registration Rights Agreement (Business First Bancshares, Inc.), Securities Purchase Agreement (Sunesis Pharmaceuticals Inc), Investor Rights Agreement (Sunesis Pharmaceuticals Inc)
Remedies. In the event of a breach by the Company or by a Holder, of -------- any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Registration Rights Agreement (American Technology Corp /De/), Registration Rights Agreement (Mphase Technologies Inc), Registration Rights Agreement (Careside Inc)
Remedies. In the event of a breach by the Company or by a Holder, the Holders of any of their obligations under this Agreement, each such Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder the Holders agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees agree that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate. The remedies provided herein are cumulative and not exclusive of any remedies provided by law.
Appears in 4 contracts
Samples: Registration Rights Agreement (Orgenesis Inc.), Asset Purchase Agreement (Orgenesis Inc.), Securities Purchase Agreement (Orgenesis Inc.)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Each of the Company and each Holder agree Xxxxxx agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Zoomcar Holdings, Inc.), Registration Rights Agreement (Zoomcar Holdings, Inc.), Securities Purchase Agreement (Next.e.GO N.V.)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreementlaw, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide be adequate compensation for any losses loss incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Warrant Agreement (Whwel Real Estate Lp), Warrant Agreement (Wellsford Real Properties Inc), Warrant Agreement (Whwel Real Estate Lp)
Remedies. In the event of a breach by the Company or by a Holder, the Buyer of any of their respective obligations under this Agreement, each Holder the Buyer or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Each of the Company and each Holder agree the Buyer agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Registration Rights Agreement (Kiora Pharmaceuticals Inc), Registration Rights Agreement (Westwater Resources, Inc.), Registration Rights Agreement (Premier Biomedical Inc)
Remedies. In the event of a breach by the Company or -------- by a Holder, of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Registration Rights Agreement (Zoltek Companies Inc), Registration Rights Agreement (Storage Computer Corp), Registration Rights Agreement (Zoltek Companies Inc)
Remedies. In the event of a breach by the Company or by a Holder, of any of their its obligations under this Agreement, each Holder or the Company, as the case may beHolder, in addition to being entitled to exercise all rights provided herein or, in the case of FBR, in the Placement Agreement, or granted by law and under this Agreementlaw, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Subject to Section 6, the Company and each Holder agree agrees that monetary damages would not provide be adequate compensation for any losses loss incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Registration Rights Agreement (Rosetta Resources Inc.), Registration Rights Agreement (Aventine Renewable Energy Holdings Inc), Registration Rights Agreement (Kgen Power Corp)
Remedies. In the event of a breach by the Company or by a the Holder, of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Registration Rights Agreement (Ascent Solar Technologies, Inc.), Registration Rights Agreement (VelaTel Global Communications, Inc.), Registration Rights Agreement (Digital Development Group Corp)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their respective obligations under this Agreement, each the Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Each of the Company and each the Holder agree agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Registration Rights Agreement (Sonim Technologies Inc), Investor Rights Agreement (Celularity Inc), Investor Rights Agreement (Celularity Inc)
Remedies. In the event of a breach by the Company or by a Holder, of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation com pensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Registration Rights Agreement (Exco Resources Inc), Registration Rights Agreement (Ecogen Inc), Registration Rights Agreement (Venus Exploration Inc)
Remedies. In the event of a breach by the Company or by a Holder, of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages alone would not provide adequate compensation for any losses Losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees agree that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (Gastar Exploration Inc.), Registration Rights Agreement (Avago Technologies LTD), Registration Rights Agreement (Avago Technologies LTD)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their its obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Each of the Company and each Holder agree agrees that monetary damages would not provide adequate compensation for any losses Losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (Achieve Life Sciences, Inc.), Registration Rights Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp), Registration Rights Agreement (NEUROONE MEDICAL TECHNOLOGIES Corp)
Remedies. In the event of a breach by the Company or by a HolderHolder of Registrable Securities, of any of their obligations under this Agreement, each Holder of Registrable Securities or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreementlaw, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder of Registrable Securities agree that monetary damages would not provide be adequate compensation for any losses loss incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Investor's Rights Agreement (Motorola Inc), Investor's Rights Agreement (Motorola Inc), Investor's Rights Agreement (Netspeak Corp)
Remedies. In the event of a breach by the Company or by a Holder, of any of their its respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (Escalon Medical Corp), Securities Purchase Agreement (Escalon Medical Corp), Registration Rights Agreement (Escalon Medical Corp)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees agree that, in the event of any action for specific performance in respect of such breach, (i) it shall waive the defense that a remedy at law would be adequate, and (ii) no Holder will be required to post a bond or other security to maintain such action.
Appears in 3 contracts
Samples: Registration Rights Agreement (Cyalume Technologies Holdings, Inc.), Registration Rights Agreement (Cyalume Technologies Holdings, Inc.), Registration Rights Agreement (Cyalume Technologies Holdings, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, the Holder of any of their respective obligations under this Agreement, each the Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Company and each the Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (Veritas Farms, Inc.), Registration Rights Agreement (SanSal Wellness Holdings, Inc.), Registration Rights Agreement (PeerLogix, Inc.)
Remedies. In the event of a breach by the Company Company, or by a Holder, of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreementlaw, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide be adequate compensation for any losses loss incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Securityholders' and Registration Rights Agreement (Transamerican Refining Corp), Securityholders' and Registration Rights Agreement (Transamerican Refining Corp), Securityholders' and Registration Rights Agreement (American Restaurant Group Inc)
Remedies. In the event of a breach by the Company or by a Holder, of any of their its obligations under this Agreement, each Holder or the Company, as the case may beHolder, in addition to being entitled to exercise all rights provided herein, in the Indenture or, in the case of the Purchaser, in the Purchase Agreement, or granted by law and under this Agreementlaw, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree agrees that monetary damages would not provide be adequate compensation for any losses loss incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (Jordan Telecommunication Products Inc), Registration Rights Agreement (Transamerican Refining Corp), Registration Rights Agreement (Transamerican Refining Corp)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their its respective obligations under this Agreement, each Holder or the Company, as the case may benon-breaching party, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Each of the Company and each Holder agree the Holders agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (OccuLogix, Inc.), Registration Rights Agreement (OccuLogix, Inc.), Registration Rights Agreement (OccuLogix, Inc.)
Remedies. In the event of a breach by the Company or by a HolderPurchaser, of any of their obligations under this Agreement, each Holder Purchaser or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder Purchaser agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (Communication Intelligence Corp), Registration Rights Agreement (Communication Intelligence Corp), Registration Rights Agreement (Communication Intelligence Corp)
Remedies. In the event of a breach by the Company or by a Holder, of any of their its obligations under this Agreement, each Holder or the Company, as the case may beof Registrable Securities, in addition to being entitled to exercise all rights provided herein, in the Indenture or, in the case of the Initial Purchasers, in the Purchase Agreement or granted by law and under this Agreementlaw, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree agrees that monetary damages would not provide be adequate compensation for any losses loss incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees agree that, in the event of any action for specific performance in respect of such breach, it the Company shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (Navistar Financial Corp), Registration Rights Agreement (Aes Corporation), Registration Rights Agreement (Aep Industries Inc)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to seek specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would may not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (CohBar, Inc.), Registration Rights Agreement (Novus Therapeutics, Inc.), Merger Agreement (Novus Therapeutics, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, the Holder of any of their obligations under this Agreement, each such Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each the Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees agree that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate. The remedies provided herein are cumulative and not exclusive of any remedies provided by law.
Appears in 3 contracts
Samples: Registration Rights Agreement (Clearsign Combustion Corp), Stock Purchase Agreement (Clearsign Combustion Corp), Registration Rights Agreement (T2 Biosystems, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it them of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it they shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Common Stock and Warrant Purchase Agreement (Wilsons the Leather Experts Inc), Common Stock and Warrant Purchase Agreement (Waller Joel N), Registration Rights Agreement (Wilsons the Leather Experts Inc)
Remedies. In the event of a breach by the Company Company, or by a Holderholder of Transfer Restricted Securities, of any of their obligations under this Agreement, each Holder holder of Transfer Restricted Securities or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreementlaw, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder holder of Transfer Restricted Securities agree that monetary damages would not provide be adequate compensation for any losses loss incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Purchase Agreement (Occusystems Inc), Registration Rights Agreement (Antec Corp), Registration Rights Agreement (Occusystems Inc)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their obligations under this Agreement, each non-breaching Holder or the and Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (Assure Holdings Corp.), Registration Rights Agreement (Assure Holdings Corp.), Registration Rights Agreement (PLx Pharma Inc.)
Remedies. In Except as otherwise provided in Section 3.6 below, in the event of a breach by the Company or by a Holder, Holder of any of their obligations under this Agreement, each such Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The , and each of the Company and each Holder agree agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (SANUWAVE Health, Inc.), Registration Rights Agreement (SANUWAVE Health, Inc.), Registration Rights Agreement (SANUWAVE Health, Inc.)
Remedies. In the event of a actual or potential breach by the Company or by a Holder, any Holder of any of their its obligations under this Agreement, each Holder or the Company, as the case may beapplicable, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this AgreementAgreement without the need to post any bond. The Company and each Holder agree agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (Loyalty Ventures Inc.), Registration Rights Agreement (Alliance Data Systems Corp), Registration Rights Agreement (Loyalty Ventures Inc.)
Remedies. In the event of a breach by the Company or by a Holder, of any of their its obligations under this Agreement, each Holder or the Company, as the case may beHolder, in addition to being entitled to exercise all rights provided herein, in the Indenture or, in the case of the Purchasers, in the Purchase Agreement, or granted by law and under this Agreementlaw, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree agrees that monetary damages would not provide be adequate compensation for any losses loss incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (Archibald Candy Corp), Registration Rights Agreement (Jordan Telecommunication Products Inc), Registration Rights Agreement (Jordan Industries Inc)
Remedies. In the event of a breach by the Company or by a Holder, Issuer of any of their its obligations under this Agreement, each Holder or the Company, as the case may beof Registrable Units, in addition to being entitled to exercise all rights provided herein, or in the Purchase Agreement, or granted by law and under this Agreementlaw, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree Issuer agrees that monetary damages would not provide be adequate compensation for any losses loss incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (Ferrellgas Partners Finance Corp), Registration Rights Agreement (Ferrellgas Partners Finance Corp), Registration Rights Agreement (Ferrellgas Partners Finance Corp)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to seek specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would may not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (Aileron Therapeutics Inc), Registration Rights Agreement (Catabasis Pharmaceuticals Inc), Registration Rights Agreement (Catabasis Pharmaceuticals Inc)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Exchange Agreement (Stronghold Digital Mining, Inc.), Registration Rights Agreement (Stronghold Digital Mining, Inc.), Registration Rights Agreement (Stronghold Digital Mining, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (China Clean Energy Inc), Stock Purchase Agreement (Berkshire Bancorp Inc /De/), Registration Rights Agreement (Berkshire Bancorp Inc /De/)
Remedies. In the event of a breach by the Company or by a Holder, of any of their its obligations under this Agreement, each Holder or the Company, as the case may beHolder, in addition to being entitled to exercise all rights provided herein or, in the case of FBR, in the Purchase/Placement Agreement, or granted by law and under this Agreement, including recovery of damageslaw, will be entitled to specific performance of its rights under this Agreement. The Subject to Section 7, the Company and each Holder agree agrees that monetary damages would not provide be adequate compensation for any losses loss incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (Independence Contract Drilling, Inc.), Asset Contribution and Share Subscription Agreement (Independence Contract Drilling, Inc.), Registration Rights Agreement (Independence Contract Drilling, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, Purchaser of any of their respective obligations under this Agreement, each Holder the Company or the CompanyPurchaser, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder Purchaser acknowledge and agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it either of them of any of the provisions of this Agreement and each hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (Milwaukee Iron Arena Football, Inc), Registration Rights Agreement (Pinecrest Investment Group Inc), Registration Rights Agreement (Pinecrest Investment Group Inc)
Remedies. In the event of a breach by the Company Company, on the one hand, or by a Holder, on the other hand, of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (Langer Inc), Registration Rights Agreement (Langer Inc), Registration Rights Agreement (Langer Inc)
Remedies. In the event of a breach by the Company or by a Holder, of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (Global Casinos Inc), Registration Rights Agreement (Rockwell Medical Technologies Inc), Securities Purchase Agreement (Rockwell Medical Technologies Inc)
Remedies. In the event of a breach by the Company or by a Holder, of any of their its obligations under this Agreement, each Holder or the Company, as the case may beHolder, in addition to being entitled to exercise all rights provided herein, or granted by law and under this Agreementlaw, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Subject to Section 2.6, the Company and each Holder agree agrees that monetary damages would not provide be adequate compensation for any losses loss incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (TK Star Design, Inc.), Registration Rights Agreement (Texas Rare Earth Resources Corp.), Registration Rights Agreement (Texas Rare Earth Resources Corp.)
Remedies. In the event of a breach by the Company or by a HolderInvestor, of any of their obligations under this Agreement, each Holder Investor or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder Investor agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (Coconnect Inc), Registration Rights Agreement (Coconnect Inc), Registration Rights Agreement (Calypte Biomedical Corp)
