ENFORCEMENT OF THE COMPANY'S RIGHTS Sample Clauses

ENFORCEMENT OF THE COMPANY'S RIGHTS. 13.1 The Company undertakes with the Non-Defaulting Shareholders that if any Defaulting Shareholder or any person connected with any such Shareholder is in material breach of any obligation which the Defaulting Shareholder owes to the Company (whether under this Agreement, or otherwise) or has misapplied or retained or become liable or accountable for any money or property of the Company or any subsidiary of the Company from time to time, or has been guilty of any misfeasance or breach of fiduciary or other duty in relation to the Company or any such subsidiary or is under any obligation to indemnify the Company or any such subsidiary against any liability, the prosecution of any right of action of the Company or any such subsidiary in respect thereof shall be passed to the Directors of the Non-Defaulting Shareholders who shall have full authority to negotiate, litigate and settle any claim arising therefrom and the Defaulting Shareholder shall take all steps within its power to give effect to the provisions of this clause 13.1.
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ENFORCEMENT OF THE COMPANY'S RIGHTS. 32.1 If an Investor Director alleges in writing (where such allegation shall be on the face of it, bona fide) that any Initial Shareholder or a Connected Person to such Initial Shareholder is in breach of any material obligation which he owes to the Company or a member of the Group (whether under this Agreement, any other agreement or otherwise) has misapplied or retained or become liable or accountable for any money or property of the Company or a member of its Group, or has been guilty of any misfeasance or breach of trust in relation to the Company or a member of its Group, the Company or the relevant member of the Group shall, k so far as it is in the best interests of the Company to do so, enforce any resulting right of action and the parties to this Agreement agree that the prosecution of any such right of action of the relevant member of the Group shall be passed to a committee of the Board consisting only of the Directors not the subject of, or not connected with a person the subject of, an allegation which committee shall in each case have full authority on behalf of the Company or the member of its Group to negotiate, litigate and settle any claim arising therefrom.
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ENFORCEMENT OF THE COMPANY'S RIGHTS. 23.1 If it appears that either Shareholder ("the defaulting Shareholder") is in breach of any obligation which it owes to Freegold (whether under this Agreement or the Articles or under any other agreement, including any employment agreement, or otherwise) or has misapplied or retained or become liable or accountable for any money or property of Freegold, or has been guilty of any misfeasance or breach of any fiduciary or other duty in relation to Freegold or is under any obligation to indemnify Freegold against any liability, then it is agreed that the enforcement and prosecution of any right of action of Freegold in respect thereof shall be passed to the directors nominated by the other Shareholder alone who shall have full power and authority on behalf of Freegold to enforce, negotiate, litigate and settle any claim arising out of any such right of action and the defaulting Shareholder shall take all steps within its power to give effect to the provisions of this clause 23.1.
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ENFORCEMENT OF THE COMPANY'S RIGHTS. If it appears that any Senior Manager or any associate of a Senior Manager (in whatever capacity) is in breach of any obligation which he owes to any company in the Group (whether under this Agreement or otherwise), then the conduct of the right of action of such company in respect thereof shall be passed to the Nominated Directors (or to a committee of the Board selected by them) who shall have full authority to negotiate, litigate and settle any claim arising and the Senior Managers and the Company shall take all reasonable steps within their power to give effect to the provisions of this clause 22.
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ENFORCEMENT OF THE COMPANY'S RIGHTS. 20.1 If it appears that any Shareholder or any Connected Person in relation to a Shareholder (in whatever capacity) is in breach of any obligation owed to the Company (whether under this Agreement or otherwise) or has misapplied or retained or become liable or accountable for any money or property of the Company, or has been guilty of any misfeasance or breach of any fiduciary or other duty in relation to the Company or is under any obligation to indemnify the Company against any liability then it is agreed that the prosecution of any right of action of the Company in respect thereof shall be passed to the Directors (but excluding any Director appointed by such Shareholder) who shall have full authority on behalf of the Company to negotiate, litigate and settle any claim arising therefrom and the Shareholders shall take all steps within their power to give effect to the provisions of this sub-Clause.
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ENFORCEMENT OF THE COMPANY'S RIGHTS. (1) If it appears that any “A” Shareholder or any associate of an “A” Shareholder (in whatever capacity) is in breach of any obligation which he owes to the Company (whether under this Agreement or otherwise) or has misapplied or retained or become liable or accountable for any money or property of the Company, or has been guilty of any misfeasance or breach of any fiduciary or other duty in relation to the Company or is under any obligation to indemnify the Company against any liability, then it is agreed that the prosecution of any right of action of the Company in respect thereof shall be passed to the “B” Directors, who shall have full authority on behalf of the Company to negotiate, litigate and settle any claim arising thereout and the “A” Shareholders shall take all steps within their power to give effect to the provisions of this sub-clause.
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Related to ENFORCEMENT OF THE COMPANY'S RIGHTS

  • The Company’s Rights The existence of the Award Shares shall not affect in any way the right or power of the Company or its stockholders to make or authorize any or all adjustments, recapitalizations, reorganizations or other changes in the Company’s capital structure or its business, or any merger or consolidation of the Company, or any issue of bonds, debentures, preferred or other stocks with preference ahead of or convertible into, or otherwise affecting the Common Stock or the rights thereof, or the dissolution or liquidation of the Company, or any sale or transfer of all or any part of the Company’s assets or business, or any other corporate act or proceeding, whether of a similar character or otherwise.

  • Company’s Rights The existence of this Agreement will not affect in any way the right or power of the Company or its Shareholders to accomplish any corporate act, including, without limitation, the acts referred to in Section 11.16 of the Plan.

  • Recognition of Company’s Rights I will not, at any time, without the Company’s prior written permission, either during or after my employment, disclose any Proprietary Information to anyone outside of the Company, or use or permit to be used any Proprietary Information for any purpose other than the performance of my duties as an employee of the Company. I will cooperate with the Company and use my best efforts to prevent the unauthorized disclosure of all Proprietary Information. I will deliver to the Company all copies of Proprietary Information in my possession or control upon the earlier of a request by the Company or termination of my employment.

  • Creditors’ Rights A holder of Stock Units shall have no rights other than those of a general creditor of the Company. Stock Units represent an unfunded and unsecured obligation of the Company, subject to the terms and conditions of the applicable Stock Unit Award Agreement.

  • Enforcement of Covenants The Executive acknowledges that the Executive has carefully read and considered all the terms and conditions of this Agreement, including the restraints imposed upon him pursuant to Sections 8, 9, 10 and 11 hereof. The Executive agrees without reservation that each of the restraints contained herein is necessary for the reasonable and proper protection of the goodwill, Confidential Information, trade secrets, and other legitimate interests of the Company and its Company Affiliates; that each and every one of those restraints is reasonable in respect to subject matter, length of time and geographic area; and that these restraints, individually or in the aggregate, will not prevent him from obtaining other suitable employment during the period in which the Executive is bound by these restraints. The Executive further agrees that the Executive will never assert, or permit to be asserted on the Executive’s behalf, in any forum, any position contrary to the foregoing. The Executive further acknowledges that, were the Executive to breach any of the covenants contained in Sections 8, 9, 10 or 11 hereof, the damage to the Company would be irreparable. The Executive therefore agrees that in the event of the breach or a threatened breach by Executive of any of the provisions of Sections 8, 9, 10 or 11 hereof, the Company, in addition and supplementary to other rights and remedies existing in its favor (including pursuant to Section 3(c) hereof), may apply to any court of law or equity of competent jurisdiction for specific performance or injunctive or other relief in order to enforce or prevent any violations of the provisions hereof (without posting a bond or other security), and will additionally be entitled to an award of attorney’s fees incurred in connection with securing any relief hereunder. The parties further agree that if, at the time of enforcement of Sections 8, 9, 10 or 11, a court shall hold that the duration, scope or area restrictions stated herein are unreasonable under circumstances then existing, the parties agree that the maximum duration, scope or area reasonable under such circumstances shall be substituted for the stated duration, scope or area and that the court shall revise the restrictions contained herein to cover the maximum period, scope and area permitted by law. The Executive agrees that the Restricted Period shall be tolled, and shall not run, during any period of time in which the Executive is in violation of the terms thereof, in order that the Company and its Company Affiliates shall have all of the agreed-upon temporal protection recited herein. No breach of any provision of this Agreement by the Company, or any other claimed breach of contract or violation of law, or change in the nature or scope of the Executive’s employment relationship with the Company, shall operate to extinguish the Executive’s obligation to comply with Sections 8, 9, 10 and 11 hereof.

  • Company’s Right to Injunctive Relief Executive acknowledges that his services to the Company are of a unique character, which gives them a peculiar value to the Company, the loss of which cannot be reasonably or adequately compensated in damages in an action at law, and that therefore, in addition to any other remedy which the Company may have at law or in equity, the Company shall be entitled to injunctive relief for a breach of this Agreement by Executive.

  • GRANTOR'S RIGHT TO POSSESSION Until default, Grantor may have possession of the tangible personal property and beneficial use of all the Collateral and may use it in any lawful manner not inconsistent with this Agreement or the Related Documents, provided that Grantor's right to possession and beneficial use shall not apply to any Collateral where possession of the Collateral by Lender is required by law to perfect Lender's security interest in such Collateral. If Lender at any time has possession of any Collateral, whether before or after an Event of Default, Lender shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral if Lender takes such action for that purpose as Grantor shall request or as Lender, in Lender's sole discretion, shall deem appropriate under the circumstances, but failure to honor any request by Grantor shall not of itself be deemed to be a failure to exercise reasonable care. Lender shall not be required to take any steps necessary to preserve any rights in the Collateral against prior parties, nor to protect, preserve or maintain any security interest given to secure the Indebtedness.

  • Termination of the Company’s Obligations Notwithstanding the foregoing, the Company shall have no obligations pursuant to Sections 3.3, 3.4 or 3.5 with respect to any Registrable Securities proposed to be sold by a Holder in a registered public offering (i) five (5) years after the consummation of a Qualified IPO, or (ii), if, in the opinion of counsel to the Company, all such Registrable Securities proposed to be sold by a Holder may then be sold under Rule 144 in one transaction without exceeding the volume limitations thereunder.

  • GRANTOR'S RIGHT TO POSSESSION AND TO COLLECT ACCOUNTS Until default and except as otherwise provided below with respect to accounts, Grantor may have possession of the tangible personal property and beneficial use of all the Collateral and may use it in any lawful manner not inconsistent with this Agreement or the Related Documents, provided that Grantor's right to possession and beneficial use shall not apply to any Collateral where possession of the Collateral by Lender is required by law to perfect Lender's security interest in such Collateral. Until otherwise notified by Lender, Grantor may collect any of the Collateral consisting of accounts. At any time and even though no Event of Default exists, Lender may exercise its rights to collect the accounts and to notify account debtors to make payments directly to Lender for application to the Indebtedness. If Lender at any time has possession of any Collateral, whether before or after an Event of Default, Lender shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral if Lender takes such action for that purpose as Grantor shall request or as Lender, in Lender's sole discretion, shall deem appropriate under the circumstances, but failure to honor any request by Grantor shall not of itself be deemed to be a failure to exercise reasonable care. Lender shall not be required to take any steps necessary to preserve any rights in the Collateral against prior parties, nor to protect, preserve or maintain any security interest given to secure the Indebtedness.

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