Common use of Restrictive Covenants (Appendix A) Clause in Contracts

Restrictive Covenants (Appendix A). Participant acknowledges and recognizes the highly competitive nature of the businesses of Parent and its Subsidiaries and accordingly agrees, in consideration of the receipt of Incentive Units hereunder, in Participant’s capacity as an indirect equity holder in Parent and its Subsidiaries, to the provisions of Appendix A to this Agreement. Participant acknowledges and agrees that remedies of Partnership, Parent and their Subsidiaries at law for a breach or threatened breach of any of the provisions of Appendix A would be inadequate, and Partnership, Parent and its Subsidiaries and their respective Affiliates may suffer irreparable damages as a result of such breach or threatened breach by Participant, regardless of whether Participant then holds Incentive Units. In recognition of this fact, Participant agrees that, in addition to any remedies at law, (a) in the event of such a breach or threatened breach, Partnership, Parent, Sponsor and their Affiliates shall be entitled to cease making any payments or providing any payments or providing any benefit otherwise required by this Agreement and (b) in the event of such a breach, Partnership, Parent and their Affiliates, without posting any bond, shall be entitled to obtain equitable relief (to the extent ordered by a court of competent jurisdiction) in the form of specific performance, temporary restraining order, temporary or permanent injunction or any other equitable remedy which may then be available.

Appears in 3 contracts

Samples: Incentive Unit Award Agreement (Bumble Inc.), Incentive Unit Award Agreement (Bumble Inc.), Incentive Unit Award Agreement (Bumble Inc.)

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Restrictive Covenants (Appendix A). The Participant acknowledges and recognizes the highly competitive nature of the businesses of Parent and its Subsidiaries the Company and accordingly agrees, in consideration of the receipt of Incentive Units hereunder, in Participant’s capacity as an indirect investor and equity holder in Parent the Company and its SubsidiariesAffiliates, to the provisions of Restrictive Covenants contained in Appendix A to this AgreementAgreement and/or incorporated herein by reference. The Participant acknowledges and agrees that the Company’s remedies of Partnership, Parent and their Subsidiaries at law for a breach or threatened breach of any of the provisions of Appendix A would be inadequate, inadequate and Partnership, Parent and its Subsidiaries and their respective Affiliates may the Company would suffer irreparable damages as a result of such breach or threatened breach by Participant, regardless of whether Participant then holds Incentive Unitsbreach. In recognition of this fact, the Participant agrees that, in addition to any remedies at law, (a) in the event of such a breach or threatened breachbreach by the Participant, Partnershipregardless of whether a transfer of Options or shares of Common Stock to a Permitted Transferee has occurred and in addition to any remedies at law, Parentthe Company, Sponsor and their Affiliates without posting any bond, shall be entitled to cease making any payments or providing any payments or providing any benefit otherwise required by this Agreement and (b) in the event of such a breach, Partnership, Parent and their Affiliates, without posting any bond, shall be entitled to obtain equitable relief (to the extent ordered by a court of competent jurisdiction) in the form of specific performance, temporary restraining order, temporary or permanent injunction or any other equitable remedy which may then be available.. For the purposes of this Agreement, the Participant shall have engaged in “Competitive Activity” if the Participant engages in any activity otherwise prohibited by Appendix A after the time limitations set forth in Appendix A.

Appears in 1 contract

Samples: Nonqualified Stock Option Agreement (Vivint Solar, Inc.)

Restrictive Covenants (Appendix A). Participant Executive acknowledges and recognizes the highly competitive nature of the businesses of Parent and its Subsidiaries the Company Group and accordingly agrees, in consideration of the receipt of Incentive Units hereunder, in ParticipantExecutive’s capacity as an indirect equity holder in Parent and its Subsidiaries, to the provisions of Appendix A to this Agreement. Participant Executive acknowledges and agrees that remedies of Partnership, Parent and their Subsidiaries at law for a breach or threatened breach of any of the provisions of Appendix A would be inadequate, and Partnership, Parent and its Subsidiaries and their respective Affiliates may suffer irreparable damages as a result of such breach or threatened breach by ParticipantExecutive, regardless of whether Participant Executive then holds Incentive Units. In recognition of this fact, Participant Executive agrees that, in addition to any remedies at law, (a) in the event of such a breach or threatened breach, Partnership, Parent, Sponsor Parent and their its Affiliates shall be entitled to cease making any payments or providing any payments or providing any benefit otherwise required by this Agreement and (b) in the event of such a breach, Partnership, Parent and their its Affiliates, without posting any bond, shall be entitled to obtain equitable relief (to the extent ordered by a court of competent jurisdiction) in the form of specific performance, temporary restraining order, temporary or permanent injunction or any other equitable remedy which may then be available.

Appears in 1 contract

Samples: Incentive Unit Subscription Agreement (Bumble Inc.)

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Restrictive Covenants (Appendix A). Participant acknowledges and recognizes the highly competitive nature of the businesses of Parent and its Subsidiaries and accordingly agrees, in consideration of the receipt of Incentive Units hereunder, in Participant’s capacity as an indirect equity holder in Parent and its Subsidiaries, to the provisions of Appendix A to this Agreement. Participant acknowledges and agrees that remedies of Partnership, Parent and their Subsidiaries at law for a breach or threatened breach of any of the provisions of Appendix A would be inadequate, and Partnership, Parent and its Subsidiaries and their respective Affiliates may suffer irreparable damages as a result of such breach or threatened breach by Participant, regardless of whether Participant then holds Incentive Units. In recognition of this fact, Participant agrees that, in addition to any remedies at law, (a) in the event of such a breach or threatened breach, Partnership, Parent, Sponsor and their Affiliates shall be entitled to cease making any payments or providing any payments or providing any benefit otherwise required by this Agreement and (b) in the event of such a breach, Partnership, Parent and their Affiliates, or, if applicable Participant, as the case may be, without posting any bond, shall be entitled to obtain equitable relief (to the extent ordered by a court of competent jurisdiction) in the form of specific performance, temporary restraining order, temporary or permanent injunction or any other equitable remedy which may then be available.

Appears in 1 contract

Samples: Incentive Unit Award Agreement (Bumble Inc.)

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