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, shall be entitled to specific performance of its rights under this Agreement. Each of the Company and each Holder 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 1335 contracts
Sources: Registration Rights Agreement (Polyrizon Ltd.), Registration Rights Agreement (Zapata Quantum, Inc.), Registration Rights Agreement (Entera Bio Ltd.)
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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 1225 contracts
Sources: Registration Rights Agreement (Soluna Holdings, Inc), Registration Rights Agreement (Applied Digital Corp.), Registration Rights Agreement (Soluna Holdings, 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, shall be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 315 contracts
Sources: Asset Purchase Agreement (Super League Enterprise, Inc.), Registration Rights Agreement (Super League Enterprise, Inc.), Registration Rights Agreement (PAVmed 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 303 contracts
Sources: Registration Rights Agreement (Nocopi Technologies Inc/Md/), Stock Purchase Agreement (Tri-County Financial Group, Inc.), Registration Rights Agreement (Tri-County Financial Group, 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 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 100 contracts
Sources: 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 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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
Sources: Registration Rights Agreement (Amesite Operating Co), Registration Rights Agreement (Amesite Operating Co), Registration Rights Agreement (Amesite 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 55 contracts
Sources: 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 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, shall be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 39 contracts
Sources: Registration Rights Agreement (Aspire Biopharma Holdings, Inc.), Registration Rights Agreement (iSpecimen Inc.), Registration Rights Agreement (Focus Universal 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, shall be entitled to specific performance of its rights under this Agreement. Each of the Company and each Holder 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
Sources: 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 of any of their respective 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the Company and each Holder 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 22 contracts
Sources: 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 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 21 contracts
Sources: Convertible Debenture and Convertible Preferred Stock Purchase Agreement (Tamboril Cigar Co), Registration Rights Agreement (Simplagene Usa Inc), Registration Rights Agreement (China World Trade 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, shall will be entitled to seek specific performance of its rights under this Agreement, without the requirement of posting a bond. Each of the The Company and each Holder agrees 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 20 contracts
Sources: Investor Rights Agreement (Rocky Mountain Chocolate Factory, Inc.), Registration Rights Agreement (BiomX Inc.), Registration Rights Agreement (Galera Therapeutics, 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 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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
Sources: 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 respective 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, shall will be entitled to specific performance of its rights under this Agreement. Each of Subject to Section 6, the Company and each Holder 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 not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 17 contracts
Sources: Registration Rights Agreement (Pinnacle Gas Resources, Inc.), Registration Rights Agreement (FBR Capital Markets Corp), Registration Rights Agreement (Maiden Holdings, Ltd.)
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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each the Holder agrees 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 16 contracts
Sources: Registration Rights Agreement (New Dragon Asia Corp), Registration Rights Agreement (Tube Media Corp.), Registration Rights Agreement (Organic to Go Food CORP)
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 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 16 contracts
Sources: 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 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 14 contracts
Sources: 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 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, shall be entitled to specific performance of its rights under this Agreement. Each of the Company and each the Holder 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 13 contracts
Sources: Registration Rights Agreement (T Stamp Inc), Registration Rights Agreement (T Stamp Inc), Registration Rights Agreement (T Stamp 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, shall be entitled to specific performance of its rights under this Agreement. Each of the Company and each Holder 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
Sources: 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 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, shall 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). Each of the The Company and each Holder agrees 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 12 contracts
Sources: 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 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, shall be entitled to seek specific performance of its rights under this Agreement. Each of the Company and each Holder 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 11 contracts
Sources: 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 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 10 contracts
Sources: 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 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 10 contracts
Sources: Registration Rights Agreement (Exicure, Inc.), Registration Rights Agreement (Crinetics Pharmaceuticals, Inc.), Registration Rights Agreement (Kura Oncology, 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, shall Agreement will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 10 contracts
Sources: 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 -------- 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 10 contracts
Sources: Registration Rights Agreement (Questcor Pharmaceuticals Inc), Registration Rights Agreement (Questcor Pharmaceuticals Inc), Registration Rights Agreement (Elinear 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, shall be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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
Sources: 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 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 Regulation and under this Agreement, including recovery of damages, shall be entitled to specific performance of its rights under this Agreement. Each of the Company and each Holder 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
Sources: Registration Rights Agreement (Invea Therapeutics, Inc), Registration Rights Agreement (Invea Therapeutics, Inc), Registration Rights Agreement (TG-17, 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 9 contracts
Sources: Registration Rights Agreement (Soros Fund Management LLC), Registration Rights Agreement (DigitalFX International Inc), Stockholders' Agreement (America Online Latin America 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, shall be entitled to specific performance of its rights under this Agreement. Each of the Company and each Holder 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
Sources: 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 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 not assert or 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
Sources: 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 respective 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 8 contracts
Sources: Registration Rights Agreement (GBank Financial Holdings Inc.), Registration Rights Agreement (GBank Financial Holdings Inc.), Registration Rights Agreement (Berkshire Hills Bancorp Inc)
Remedies. In Subject to the limitations set forth in this Agreement, 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, shall be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 8 contracts
Sources: Registration Rights Agreement (Grow Capital, Inc.), Registration Rights Agreement (Grow Capital, Inc.), Registration Rights Agreement (Youngevity International, 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 8 contracts
Sources: 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 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, shall be entitled to specific performance of its rights under this Agreement. Each of the Company and each Holder 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
Sources: 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 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 7 contracts
Sources: Registration Rights Agreement (Xenomics Inc), Registration Rights Agreement (Microfield Group Inc), Registration Rights Agreement (Callisto Pharmaceuticals 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, shall be entitled to seek specific performance of its rights under this Agreement. Each of the Company and each Holder 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
Sources: Registration Rights Agreement (FiEE, Inc.), Registration Rights Agreement (Carmell Corp), Registration Rights Agreement (Carmell 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, shall be entitled to seek specific performance of its rights under this Agreement. Each of the Company and each Holder 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 7 contracts
Sources: Registration Rights Agreement (Adverum Biotechnologies, Inc.), Registration Rights Agreement (Adverum Biotechnologies, Inc.), Registration Rights Agreement (Outlook Therapeutics, 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 Agreementlaw, including recovery of damages, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 6 contracts
Sources: Registration Rights Agreement (Diagnostic Retrieval Systems Inc), Registration Rights Agreement (Lomak Petroleum Inc), Registration Rights Agreement (Kapson Senior Quarters 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 of any of their respective 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, shall will be entitled to specific performance of its rights under this Agreement. Each , and each of the Company and each Holder 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
Sources: 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 of any of their respective 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder 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 shall not assert or the Company shall waive the defense that a remedy at law would be adequate.
Appears in 6 contracts
Sources: 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 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, shall be entitled to specific performance of its rights under this Agreement. Each of the Company and each Holder 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
Sources: 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 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder 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
Sources: 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 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, shall be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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
Sources: 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 -------- 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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
Sources: Registration Rights Agreement (Boston Life Sciences Inc /De), Registration Rights Agreement (Orthovita Inc), Registration Rights Agreement (Satcon Technology Corp)
Remedies. In the event of a breach by the Company or by a Holder of any of their respective obligations under this AgreementAnnex, 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 AgreementAnnex, including recovery of damages, shall be entitled to specific performance of its rights under this AgreementAnnex. Each of the Company and each Holder 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 Annex 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
Sources: Securities Purchase Agreement (Legacy Education Alliance, Inc.), Securities Purchase Agreement (Legacy Education Alliance, Inc.), Subscription Agreement (Biotricity Inc.)
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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 6 contracts
Sources: 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 an 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 5 contracts
Sources: Registration Rights Agreement (Northpointe Bancshares Inc), Registration Rights Agreement (Business First Bancshares, 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 respective 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder 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 not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 5 contracts
Sources: Registration Rights Agreement (Hermes Europe Railtel B V), Registration Rights Agreement (Hermes Europe Railtel B V), Registration Rights Agreement (Global Telesystems Group 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, shall be entitled to seek specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 5 contracts
Sources: Registration Rights Agreement (TEN Holdings, Inc.), Registration Rights Agreement (Rein Therapeutics, Inc.), Registration Rights Agreement (Aileron Therapeutics Inc)
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 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 5 contracts
Sources: Registration Rights Agreement (CUI Global, Inc.), Purchase Agreement (Covad Communications Group Inc), Registration Rights Agreement (Covad Communications Group 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 5 contracts
Sources: Registration Rights Agreement (Healthaxis Inc), Registration Rights Agreement (Tak Sharad Kumar), Registration Rights Agreement (Healthaxis Inc)
Remedies. In the event of a breach by the Company or by a Holder of any of their respective 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 5 contracts
Sources: Stock Purchase Agreement (Precision Biosciences Inc), Registration Rights Agreement (Precision Biosciences Inc), Securities Purchase Agreement (Mereo Biopharma Group PLC)
Remedies. In the event of a breach by the Company or by a the Holder of any of their respective 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, shall be entitled to specific performance of its rights under this Agreement. Each of the Company and each the Holder agrees 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
Sources: 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 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 5 contracts
Sources: 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 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and the Holder each Holder agrees 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 not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 5 contracts
Sources: Registration Rights Agreement (CenterStaging Corp.), Registration Rights Agreement (Cytrx Corp), Registration Rights Agreement (Cytrx Corp)
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, shall be entitled to specific performance of its rights under this Agreement. Each of the Company and each Holder 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
Sources: 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 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 5 contracts
Sources: 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 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, shall be entitled to specific performance of its rights under this Agreement. Each of the Company and each the Holder 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
Sources: Registration Rights Agreement (Sonim Technologies Inc), Registration Rights Agreement (Sonim Technologies Inc), Investor Rights Agreement (Celularity 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, shall will be entitled to seek specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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
Sources: Registration Rights Agreement (OEP AC Holdings, LLC), Registration Rights Agreement (Arthrocare Corp), Investor Rights Agreement (Transmeridian Exploration 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, shall be entitled to specific performance of its rights under this Agreement, without the necessity of posting bond or other security. Each of the Company and each Holder agrees 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 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
Sources: Registration Rights Agreement (Palomino Laboratories Inc.), Registration Rights Agreement (Palomino Laboratories Inc.), Registration Rights Agreement (Spectral Ip, 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, shall be entitled to specific performance of its rights under this Agreement. Each of the Company and each Holder ▇▇▇▇▇▇ 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
Sources: Registration Rights Agreement (Zoomcar Holdings, Inc.), Securities Purchase Agreement (Zoomcar Holdings, Inc.), Registration Rights Agreement (Next.e.GO N.V.)
Remedies. In the event of a breach by the Company or by a Holder of any of their respective 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, shall will be entitled to specific performance of its rights under this Agreement. Each of Subject to Section 6, the Company and each Holder 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 not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Sources: Registration Rights Agreement (Ellora Energy 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 Company, on one hand, or by a Holder 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder 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 not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Sources: Registration Rights Agreement (Forex365, Inc.), Registration Rights Agreement (Neoview Holdings Inc.), Registration Rights Agreement (WaferGen Bio-Systems, Inc.)
Remedies. In the event of a breach by the Company Company or by a Holder Holder, of any of their respective obligations 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 damagesdamages, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees agree that monetary damages would not provide adequate compensation 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. The remedies provided herein are cumulative and not exclusive of any other remedies provided by law.
Appears in 4 contracts
Sources: Flow Through Subscription Agreement (Mogul Energy International, Inc.), Registration Rights Agreement (Power of the Dream Ventures Inc), Registration Rights Agreement (Octillion 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, shall be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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
Sources: Registration Rights Agreement (Blue Sky Media Corp), Securities Purchase Agreement (Blue Sky Media Corp), Registration Rights Agreement (Cyberdefender Corp)
Remedies. In the event of a breach by the Company Issuer or by a Holder Holder, of any of their respective obligations under this Agreement, each non-breaching Holder or the Companyand Issuer, 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the Company The Issuer and each Holder agrees 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
Sources: Asset Purchase Agreement (OVERSTOCK.COM, Inc), Registration Rights Agreement (OVERSTOCK.COM, Inc), Registration Rights Agreement (Ziopharm Oncology 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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
Sources: Registration Rights Agreement (Storage Computer Corp), Registration Rights Agreement (Zoltek Companies Inc), Registration Rights Agreement (Zoltek Companies Inc)
Remedies. In the event of a breach by the Company or by a Holder holder of Eligible Securities, of any of their respective 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Sources: 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 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Sources: Registration Rights Agreement (Cayenne Software Inc), Registration Rights Agreement (Venus Exploration Inc), Registration Rights Agreement (Ecogen 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 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the Company and each Holder agrees 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
Sources: 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 Borrower Representative or by a Holder Holder, of any of their respective obligations under this Agreement, each Holder or the CompanyBorrower Representative, 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the Company Borrower Representative and each Holder agrees 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
Sources: Loan and Security Agreement (TScan Therapeutics, Inc.), Loan and Security Agreement (Surface Oncology, Inc.), Loan and Guaranty Agreement (VBI Vaccines Inc/Bc)
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, shall be entitled to specific performance of its rights under this Agreement. Each of the Company and each Holder 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
Sources: 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 the Holders of any of their respective 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 not assert or 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
Sources: 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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
Sources: Registration Rights Agreement (American Technology Corp /De/), Registration Rights Agreement (Mphase Technologies Inc), Registration Rights Agreement (Mphase 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 damagesdam- ages, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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
Sources: 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 Holder the 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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
Sources: 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 Company, on the one hand, or by a Holder 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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
Sources: 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 Purchaser of any of their respective 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, shall be entitled to specific performance of its rights under this Agreement. Each of the Company and each Holder Purchaser 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 3 contracts
Sources: Registration Rights Agreement (Benitec Biopharma Inc.), Registration Rights Agreement (Suvretta Capital Management, LLC), Registration Rights Agreement (Benitec Biopharma 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 adequateadequate and the posting of any bond.
Appears in 3 contracts
Sources: Securities Purchase Agreement (Iridex Corp), Investor Rights Agreement (Iridex Corp), Investor Rights Agreement (Iridex Corp)
Remedies. In the event of a breach by the Company or by a Holder of any of their respective 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder 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 not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Sources: 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 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, shall will, to the extent permitted by applicable law, be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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
Sources: Registration Rights Agreement (Corsair Capital LLC), Registration Rights Agreement (NewStar Financial, Inc.), Registration Rights Agreement (Capital Z Partners LTD)
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, shall be entitled to specific performance of its rights under this Agreement. Each of the Company and each Holder 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. The Company therefore agrees that the Holders shall be entitled to seek temporary and permanent injunctive relief in any such case without the necessity of proving actual damages and without posting a bond or other security.
Appears in 3 contracts
Sources: Registration Rights Agreement (Palatin Technologies Inc), Registration Rights Agreement (Palatin Technologies Inc), Registration Rights Agreement (Palatin Technologies 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, shall be entitled to seek specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Sources: Registration Rights Agreement (CohBar, Inc.), Registration Rights Agreement (Novus Therapeutics, Inc.), Merger Agreement (Novus Therapeutics, Inc.)
Remedies. In the event of a actual or potential breach by the Company or by a any Holder of any of their respective 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, shall will be entitled to specific performance of its rights under this AgreementAgreement without the need to post any bond. Each of the The Company and each Holder 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 3 contracts
Sources: 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 respective 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder 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 not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Sources: 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 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, shall may be entitled to specific performance of its rights under this Agreement. Each of the Company and each Holder 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 3 contracts
Sources: Registration Rights Agreement (Northann Corp.), Registration Rights Agreement (Northann Corp.), Registration Rights Agreement (Adomani, 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, shall be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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
Sources: 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 Registrable Securities, of any of their respective 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Sources: Investor's Rights Agreement (Motorola Inc), Investor's Rights Agreement (Netspeak Corp), Investor's Rights Agreement (Motorola Inc)
Remedies. In the event of a breach by the Company or by a Holder of any of their respective 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, shall be entitled to specific performance of its rights under this Agreement. Each of the Company and each Holder 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
Sources: 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 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, shall be entitled to specific performance of its rights under this Agreement. Each of the The Company and each the Holder agrees 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
Sources: 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 or by a Holder Purchaser, of any of their respective 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Sources: 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 an Stockholder of any of their respective obligations under this Agreement, each Holder Stockholder 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, shall be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees Stockholder 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
Sources: Registration Rights Agreement (Great American Group, Inc.), Registration Rights Agreement (Great American Group, Inc.), Registration Rights Agreement (Great American Group, 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 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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
Sources: Registration Rights Agreement (Assure Holdings Corp.), Registration Rights Agreement (Assure Holdings Corp.), Registration Rights Agreement (PLx Pharma Inc.)
Remedies. In the event of a breach by the Company Company, or by a Holder holder of Transfer Restricted Securities, of any of their respective 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Sources: Registration Rights Agreement (Occusystems Inc), Purchase Agreement (Occusystems Inc), Registration Rights Agreement (Antec Corp)
Remedies. In the event of a breach by the Company or by a Holder of any of their respective 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, shall be entitled to specific performance of its rights under this Agreement. Each of the Company and each Holder 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 3 contracts
Sources: Registration Rights Agreement (Capstone Green Energy Holdings, Inc.), Registration Rights Agreement (Capstone Green Energy Holdings, Inc.), Registration Rights Agreement (SWVL Holdings 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Sources: 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 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Sources: Registration Rights Agreement (Elite Pharmaceuticals Inc /De/), Registration Rights Agreement (Elite Pharmaceuticals Inc /De/), Registration Rights Agreement (Elite Pharmaceuticals Inc /De/)
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 be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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
Sources: 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 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 not assert or 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
Sources: 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 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, shall will be entitled to specific performance of its rights under this Agreement. Each of the The Company and each Holder agrees 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 not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Sources: Registration Rights Agreement (Milwaukee Iron Arena Football, Inc), Registration Rights Agreement (Pinecrest Investment Group Inc), Registration Rights Agreement (Pinecrest Investment Group Inc)