Common use of Resolution of Certain Claims - Injunctive Relief Clause in Contracts

Resolution of Certain Claims - Injunctive Relief. Section 9(a) shall have no application to claims by the Company and/or the Surviving Bank seeking to enforce, by injunction or otherwise, the terms of Section 5, 6, 7 or 8(e). Such claims may be maintained by the Company and/or the Surviving Bank in a lawsuit subject to the terms of Section 9(c). The Executive acknowledges that it would be difficult to fully compensate the Company and/or the Surviving Bank for damages resulting from any breach by him of the provisions of this Agreement. Accordingly, the Executive agrees that, in addition to, but not to the exclusion of any other available remedy, the Company and/or the Surviving Bank shall have the right to enforce the provisions of Sections 5, 6, 7 and 8(e) by applying for and obtaining temporary and permanent restraining orders or injunctions from a court of competent jurisdiction without the necessity of filing a bond therefor, and the prevailing party shall be entitled to recover from the non-prevailing party its reasonable outside counsel fees in enforcing the provisions of Sections 5, 6, 7 and/or 8(e).

Resolution of Certain Claims - Injunctive Relief. Section 9(a) shall have no application to claims by the Company and/or or the Surviving Bank seeking to enforce, by injunction or otherwise, the terms of Section Sections 5, 6, 7 or 8(e). Such claims may be maintained by the Company and/or or the Surviving Bank in a lawsuit subject to the terms of Section 9(c). The Executive acknowledges that it would be difficult to fully compensate the Company and/or or the Surviving Bank for damages resulting from any breach by him of the provisions of this Agreement. Accordingly, the Executive agrees that, in addition to, but not to the exclusion of any other available remedy, the Company and/or or the Surviving Bank shall have the right to enforce the provisions of Sections 5, 6, 7 and 8(e) by applying for and obtaining temporary and permanent restraining orders or injunctions from a court of competent jurisdiction without the necessity of filing a bond therefor, and the prevailing party shall be entitled to recover from the non-prevailing party its reasonable outside counsel fees in enforcing the provisions of Sections 5, 6, 7 and/or or 8(e).

Resolution of Certain Claims - Injunctive Relief. Section 9(a) shall have no application to claims by the Company and/or the Surviving Bank asserting a violation of Section 4, 6, 7 or 8(d) or seeking to enforce, by injunction or otherwise, the terms of Section 54, 6, 7 or 8(e8(d). Such claims may be maintained by the Company and/or the Surviving Bank in a lawsuit subject to the terms of Section 9(c). The Executive acknowledges that it would be difficult to fully compensate the Company and/or the Surviving Bank for damages resulting from any breach by him of the provisions of Section 4, 6, 7 or 8(d) of this Agreement. Accordingly, the Executive agrees that, in addition to, but not to the exclusion of any other available remedy, the Company and/or the Surviving Bank shall have the right to seek to enforce the provisions of Sections 5Section 4, 6, 7 and 8(eor 8(d) by applying for and obtaining temporary and permanent restraining orders or injunctions from a court of competent jurisdiction without the necessity of filing a bond therefor, and without the necessity of proving actual damages, and the prevailing party party, whether the Company or the Executive, shall be entitled to recover from the non-prevailing unsuccessful party its their reasonable outside counsel attorneys' fees and costs in enforcing the provisions of Sections 5Section 4, 6, 7 and/or 8(e)or 8(d) or defending against such enforcement.