Common use of Right to Injunction Clause in Contracts

Right to Injunction. Executive acknowledges that a breach of the covenants set forth in Section 8 hereof will cause irreparable damage to the Company with respect to which the Company’s remedy at law for damages will be inadequate. Therefore, in the event of a breach of the covenants set forth in Section 8 by Executive or if the Company has reasonable grounds to believe that a breach by Executive of the covenants set forth in Section 8 is imminent, Executive and the Company agree that the Company shall be entitled to the following particular forms of relief, in addition to remedies otherwise available to it at law or in equity; (i) injunctions, both preliminary and permanent, enjoining or restraining such breach or anticipatory breach and Executive hereby consents to the issuance thereof forthwith and without bond by any court of competent jurisdiction; and, in the event the Company prevails on the merits after all available appeals have been exhausted (ii) recovery of all reasonable sums expended and costs, including reasonable attorney’s fees, incurred by the Company to enforce the covenants set forth in Section 8.

Appears in 4 contracts

Samples: Executive Employment Agreement (Waste Services, Inc.), Executive Employment Agreement (Waste Services, Inc.), Executive Employment Agreement (Waste Services, Inc.)

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Right to Injunction. Executive acknowledges that a breach of the covenants set forth in Section 8 hereof will cause irreparable damage to the Company with respect to which the Company’s 's remedy at law for damages will be inadequate. Therefore, in the event of a breach of the covenants set forth in Section 8 by Executive or if the Company has reasonable grounds to believe that a breach by Executive of the covenants set forth in Section 8 is imminent, Executive and the Company agree that the Company shall be entitled to the following particular forms of relief, in addition to remedies otherwise available to it at law or in equity; (i) injunctions, both preliminary and permanent, enjoining or restraining such breach or anticipatory breach and Executive hereby consents to the issuance thereof forthwith and without bond by any court of competent jurisdiction; and, in the event the Company prevails on the merits after all available appeals have been exhausted (ii) recovery of all reasonable sums expended and costs, including reasonable attorney’s 's fees, incurred by the Company to enforce the covenants set forth in Section 8.

Appears in 3 contracts

Samples: Executive Employment Agreement (Waste Services, Inc.), Executive Employment Agreement (Capital Environmental Resource Inc), Executive Employment Agreement (Capital Environmental Resource Inc)

Right to Injunction. Executive acknowledges and agrees that a compliance with the covenants set forth in this Agreement is necessary to protect the business and goodwill of the Company and any breach of the covenants set forth in Section 8 hereof above will cause irreparable damage to the Company with respect to which the Company’s remedy at law for damages will be inadequate. Therefore, in the event of a breach or anticipatory breach of the covenants set forth in this Section 8 by Executive or if the Company has reasonable grounds to believe that a breach by Executive of the covenants set forth in Section 8 is imminentExecutive, Executive and the Company agree that the Company shall be entitled to seek the following particular forms of relief, in addition to any remedies otherwise available to it at law or in equity; equity and without the need for posting any bond: (i) injunctions, both preliminary and permanent, enjoining or restraining such breach or anticipatory breach and Executive hereby consents to the issuance thereof forthwith and without bond by any court of competent jurisdiction; and, in the event the Company prevails on the merits after all available appeals have been exhausted and (ii) recovery of all reasonable sums expended and costs, including reasonable attorney’s fees, incurred by the Company to enforce the covenants set forth in Section 8.

Appears in 2 contracts

Samples: Employment Agreement (Destination Xl Group, Inc.), Employment Agreement (Destination Xl Group, Inc.)

Right to Injunction. Executive acknowledges that a breach of the covenants set forth in Section 8 hereof will cause irreparable damage to the Company with respect to which the Company’s 's remedy at law for damages will be inadequate. Therefore, in the event of a breach of the covenants set forth in Section 8 by Executive or if the Company has reasonable grounds to believe that a breach by Executive of the covenants set forth in Section 8 -16- is imminent, Executive and the Company agree that the Company shall be entitled to the following particular forms of relief, in addition to remedies otherwise available to it at law or in equity; (i) injunctions, both preliminary and permanent, enjoining or restraining such breach or anticipatory breach and Executive hereby consents to the issuance thereof forthwith and without bond by any court of competent jurisdiction; and, in the event the Company prevails on the merits after all available appeals have been exhausted and (ii) recovery of all reasonable sums expended and costs, including reasonable attorney’s 's fees, incurred by the Company to enforce the covenants set forth in Section 8.

Appears in 1 contract

Samples: Executive Employment Agreement (Capital Environmental Resource Inc)

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Right to Injunction. Executive acknowledges that a breach of the covenants set forth in Section 8 hereof will cause irreparable damage to the Company with respect to which the Company’s 's remedy at law for damages will be inadequate. Therefore, in the event of a breach of the covenants set forth in Section 8 by Executive or if the Company has reasonable grounds to believe that a breach by Executive of the covenants set forth in Section 8 is imminent, Executive and the Company agree that the Company shall be entitled to the following particular forms of relief, in addition to remedies otherwise available to it at law or in equity; (i) injunctions, both preliminary and permanent, enjoining or restraining such breach or anticipatory breach and Executive hereby consents to the issuance thereof forthwith and without bond by any court of competent jurisdiction; and, in the event the Company prevails on the merits after all available appeals have been exhausted and (ii) recovery of all reasonable sums expended and costs, including reasonable attorney’s 's fees, incurred by the Company to enforce the covenants set forth in Section 8.

Appears in 1 contract

Samples: Executive Employment Agreement (Capital Environmental Resource Inc)

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