Common use of Restraining Order; Specific Performance; Other Remedies Clause in Contracts

Restraining Order; Specific Performance; Other Remedies. (a) In the event that any Member shall attempt to Transfer all or any portion of any interest in the Company, the Property or all or any portion of its Membership Interest, or any Person shall attempt to Transfer all or any portion of its interest in C▇▇▇ (except as otherwise permitted pursuant to Section 10.1(b)), in violation of the provisions of this Agreement and any rights hereby granted, then any other Member, in addition to all rights and remedies hereunder, at law and/or in equity, shall be entitled to a decree or order restraining and enjoining such Transfer and the offending party shall not plead in defense thereto that there would be an adequate remedy at law; it being hereby expressly acknowledged and agreed that damages at law shall be an inadequate remedy for a breach or threatened breach or violation of the provisions concerning Transfers set forth in this Agreement. (b) In addition, it is expressly agreed that the remedy at law for breach of any of the obligations set forth in this Article X is inadequate in view of (i) the complexities and uncertainties in measuring the actual damages that would be sustained by reason of the failure of a party to comply fully with each of said obligations, and (ii) the uniqueness of each Member’s business and assets and the relationship of the Members. Accordingly, each of the aforesaid obligations shall be, and is hereby expressly made, enforceable by specific performance.

Restraining Order; Specific Performance; Other Remedies. (a) In the event that any Member shall attempt to Transfer all or any portion of any interest in the Company, the Property or all or any portion of its Membership Interest, or any Person shall attempt to Transfer all or any portion of its interest in C▇▇▇ Columbia (except as otherwise permitted pursuant to Section 10.1(b)), in violation of the provisions of this Agreement and any rights hereby granted, then any other Member, in addition to all rights and remedies hereunder, at law and/or in equity, shall be entitled to a decree or order restraining and enjoining such Transfer and the offending party shall not plead in defense thereto that there would be an adequate remedy at law; it being hereby expressly acknowledged and agreed that damages at law shall be an inadequate remedy for a breach or threatened breach or violation of the provisions concerning Transfers set forth in this Agreement. (b) In addition, it is expressly agreed that the remedy at law for breach of any of the obligations set forth in this Article X is inadequate in view of (i) the complexities and uncertainties in measuring the actual damages that would be sustained by reason of the failure of a party to comply fully with each of said obligations, and (ii) the uniqueness of each Member’s business and assets and the relationship of the Members. Accordingly, each of the aforesaid obligations shall be, and is hereby expressly made, enforceable by specific performance.

Restraining Order; Specific Performance; Other Remedies. (a) In the event that any Member shall attempt to Transfer all or any portion of any interest in the Company, the Company Subsidiary, the Property or all or any portion of its Membership Interest, or any Person shall attempt to Transfer all or any portion of its interest in C▇▇▇ CE (except as otherwise permitted pursuant to Section 10.1(b)10.1), in violation of the provisions of this Agreement and any rights hereby granted, then any other Member, in addition to all rights and remedies hereunder, at law and/or in equity, shall be entitled to a decree or order restraining and enjoining such Transfer and the offending party shall not plead in defense thereto that there would be an adequate remedy at law; it being hereby expressly acknowledged and agreed that damages at law shall be an inadequate remedy for a breach or threatened breach or violation of the provisions concerning Transfers set forth in this Agreement. (b) In addition, it is expressly agreed that the remedy at law for breach of any of the obligations set forth in this Article X is inadequate in view of (i) the complexities and uncertainties in measuring the actual damages that would be sustained by reason of the failure of a party to comply fully with each of said obligations, and (ii) the uniqueness of each Member’s business and assets and the relationship of the Members. Accordingly, each of the aforesaid obligations shall be, and is hereby expressly made, enforceable by specific performance.

Restraining Order; Specific Performance; Other Remedies. (a) In the event that If any Member shall attempt to Transfer all or any portion of any interest Membership Interest in the Company, the Property or all or any portion of its Membership Interest, or any Person shall attempt to Transfer all or any portion of its interest in C▇▇▇ (except as otherwise permitted pursuant to Section 10.1(b)), Company in violation of the provisions of this Agreement and any rights hereby granted, then any other Member, in addition to all rights and remedies available hereunder, at law and/or in equity, shall be entitled to a decree or order restraining and enjoining such Transfer and the offending party shall not plead in defense thereto that there would be an adequate remedy at law; it being hereby expressly acknowledged and agreed that damages at law shall be an inadequate remedy for a breach or threatened breach or violation of the provisions concerning Transfers set forth in this Agreement. (b) In addition, except as to a failure by the applicable Non-Transferring Member to consummate the purchase contemplated by Section 10.2(a), which failure shall have the exclusive remedy specified in Section 10.2(a)(ii), it is expressly agreed that the remedy at law for breach of any of the obligations set forth in this Article X is inadequate in view of (i) the complexities and uncertainties in measuring the actual damages that would be sustained by reason of the failure of a party to comply fully with each of said obligations, and (ii) the uniqueness of each Member’s business and assets and the relationship of the Members. Accordingly, each of the aforesaid obligations shall be, and is hereby expressly made, enforceable by specific performance.

Restraining Order; Specific Performance; Other Remedies. (a) In the event that any Member shall attempt to Transfer all or any portion of any interest in the Company, the Company Subsidiary, the Property or all or any portion of its Membership Interest, or any Person shall attempt to Transfer all or any portion of its interest in C▇▇▇ (except as otherwise permitted pursuant to Section 10.1(b)), in violation of the provisions of this Agreement and any rights hereby granted, then any other Member, in addition to all rights and remedies hereunder, at law and/or in equity, shall be entitled to a decree or order restraining and enjoining such Transfer and the offending party shall not plead in defense thereto that there would be an adequate remedy at law; it being hereby expressly acknowledged and agreed that damages at law shall be an inadequate remedy for a breach or threatened breach or violation of the provisions concerning Transfers set forth in this Agreement. (b) In addition, it is expressly agreed that the remedy at law for breach of any of the obligations set forth in this Article X is inadequate in view of (i) the complexities and uncertainties in measuring the actual damages that would be sustained by reason of the failure of a party to comply fully with each of said obligations, and (ii) the uniqueness of each Member’s business and assets and the relationship of the Members. Accordingly, each of the aforesaid obligations shall be, and is hereby expressly made, enforceable by specific performance.