Common use of Severability; Reformation; Equitable Relief Clause in Contracts

Severability; Reformation; Equitable Relief. Sellers acknowledge that if the scope of the covenants set forth in this Section 7.1 is deemed to be too broad in any court proceeding, the court may reduce the scope as it deems reasonable under the circumstances. Buyer would not have any adequate remedy at law for the breach or threatened breach by either Sellers or any of their respective Affiliates or Related Persons of the covenants and agreements set forth in this Section 7.1 and, accordingly, Buyer and the Company may, in addition to the other remedies which may be available to it hereunder, file suit in equity to enjoin Sellers or any of their respective Affiliates or Related Persons from such breach or threatened breach and Sellers consent to the issuance of injunctive relief hereunder. The act of Buyer in entering into this Agreement, and Buyer’s covenants and payments hereunder, constitute sufficient consideration for Sellers to agree not to compete against Buyer or the Company as set out in this Section 7.1.

Appears in 1 contract

Samples: Stock Purchase Agreement (Broadwind Energy, Inc.)

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Severability; Reformation; Equitable Relief. Sellers acknowledge Seller acknowledges that if the scope of the covenants covenant set forth in this Section 7.1 6.2 is deemed to be too broad in any court proceeding, the court may reduce the scope as it deems reasonable under the circumstances. Buyer would not have any adequate remedy at law for the breach or threatened breach by either Sellers or any of their respective Affiliates or Related Persons Seller of the covenants and agreements set forth in this Section 7.1 6.2 and, accordingly, Buyer and the Company may, in addition to the other remedies which that may be available to it hereunder, file suit in equity to enjoin Sellers or any of their respective Affiliates or Related Persons Seller from such breach or threatened breach and Sellers Seller consent to the issuance of injunctive relief hereunder. The act of Buyer in entering into this Agreement, and Buyer’s covenants and payments hereunder, constitute sufficient consideration for Sellers Seller to agree not to compete against Buyer or the Company as set out in this Section 7.16.2.

Appears in 1 contract

Samples: Interest Purchase Agreement (Focus Venture Partners, Inc)

Severability; Reformation; Equitable Relief. Sellers acknowledge that if the scope of the covenants set forth in this Section 7.1 is deemed to be too broad in any court proceeding, the court may is authorized and requested to reduce the scope as it deems reasonable under the circumstances. Buyer would not have any adequate remedy at law for the breach or threatened breach by either Sellers a Seller or any of their respective his Affiliates or Related Persons of the covenants and agreements set forth in this Section 7.1 and, accordingly, Buyer and the Company may, in addition to the other remedies which may be available to it hereunder, file suit in equity to enjoin Sellers such Seller or any of their its respective Affiliates or Related Persons from such breach or threatened breach and Sellers consent such Seller consents to the issuance of injunctive relief hereunder. The act of Buyer in entering into this Agreement, and Buyer’s covenants and payments hereunder, constitute sufficient consideration for Sellers to agree not to compete against Buyer or the Company as set out in this Section 7.1.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (Tower Tech Holdings Inc.)

Severability; Reformation; Equitable Relief. Sellers acknowledge Seller acknowledges that if the scope of the covenants set forth in this Section 7.1 is deemed to be too broad in any court proceeding, the court may reduce the scope as it deems reasonable under the circumstances. Buyer would not have any adequate remedy at law for the breach or threatened breach by either Sellers Seller or any of their his respective Affiliates or Related Persons of the covenants and agreements set forth in this Section 7.1 and, accordingly, Buyer and the Company may, in addition to the other remedies which may be available to it hereunder, file suit in equity to enjoin Sellers Seller or any of their his respective Affiliates or Related Persons from such breach or threatened breach and Sellers Seller consent to the issuance of injunctive relief hereunder. The act of Buyer in entering into this Agreement, and Buyer’s covenants and payments hereunder, constitute sufficient consideration for Sellers Seller to agree not to compete against Buyer or the Company as set out in this Section 7.1.

Appears in 1 contract

Samples: Stock Purchase Agreement (Titan Energy Worldwide, Inc.)

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Severability; Reformation; Equitable Relief. Sellers acknowledge that if the scope of the covenants set forth in this Section 7.1 is deemed to be too broad in any court proceeding, the court may reduce the scope as it deems reasonable under the circumstances. Buyer would not have any adequate remedy at law for the breach or threatened breach by either Sellers or any of their respective Affiliates or Related Persons of the covenants and agreements set forth in this Section 7.1 and, accordingly, Buyer and the Company may, in addition to the other remedies which may be available to it hereunder, file suit in equity to enjoin the Sellers or any of their respective Affiliates or Related Persons from such breach or threatened breach and Sellers consent to the issuance of injunctive relief hereunder. The act of Buyer in entering into this Agreement, and Buyer’s covenants and payments hereunder, constitute sufficient consideration for Sellers to agree not to compete against Buyer or the Company as set out in this Section 7.1.

Appears in 1 contract

Samples: Stock Purchase Agreement (Tower Tech Holdings Inc.)

Severability; Reformation; Equitable Relief. Sellers acknowledge Seller and Shareholder acknowledges that if the scope of the covenants set forth in this Section 7.1 8.1 is deemed to be too broad in any court proceeding, the court may reduce the scope as it deems reasonable under the circumstances. Buyer would not have any adequate remedy at law for the breach or threatened breach by either Sellers Seller, Shareholder or any of their its or his respective Affiliates or Related Persons of the covenants and agreements set forth in this Section 7.1 8.1 and, accordingly, Buyer and the Company may, in addition to the other remedies which may be available to it hereunder, file suit in equity to enjoin Sellers Seller, Shareholder or any of their its or his respective Affiliates or Related Persons from such breach or threatened breach and Sellers Seller consent to the issuance of injunctive relief hereunder. The act of Buyer in entering into this Agreement, and Buyer’s covenants and payments hereunder, constitute sufficient consideration for Sellers Seller and Shareholder to agree not to compete against Buyer or the Company as set out in this Section 7.18.1.

Appears in 1 contract

Samples: Asset Purchase Agreement (Titan Energy Worldwide, Inc.)

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