Common use of Equitable Relief Clause in Contracts

Equitable Relief. The Borrower recognizes that in the event the Borrower or any Obligated Party fails to pay, perform, observe, or discharge any or all of the obligations under the Loan Documents, any remedy at law may prove to be inadequate relief to the Agent and the Banks. The Borrower therefore agrees that the Agent and the Banks, if the Agent or the Required Banks so request, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 12 contracts

Samples: Credit Agreement (Snelling & Snelling Inc), Credit Agreement (Darling International Inc), Security Agreement (Tufco Technologies Inc)

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Equitable Relief. The Borrower recognizes that in the event the Borrower or any Obligated Party Guarantor fails to pay, perform, observe, observe or discharge any or all of the obligations Obligations under the Loan Documents, any remedy at law may prove to be inadequate relief to the Agent and the BanksLenders. The Borrower therefore agrees that the Agent and the BanksLenders, if the Agent or the Required Banks Lenders so request, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 10 contracts

Samples: Credit Agreement (Williams Sonoma Inc), Credit Agreement (Williams Sonoma Inc), Credit Agreement (Williams Sonoma Inc)

Equitable Relief. The Borrower recognizes that that, in the event the Borrower or any Obligated Party fails to pay, perform, observe, observe or discharge any of its obligations or all of the obligations liabilities under the Loan Documentsthis Agreement, any remedy at law may prove to be inadequate relief to the Administrative Agent and Lenders; therefore, the Banks. The Borrower therefore agrees that the Administrative Agent and the BanksLenders, if the Administrative Agent or the Required Banks Lenders so request, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 9 contracts

Samples: Revolving Loan and Security Agreement (Diversicare Healthcare Services, Inc.), Term Loan and Security Agreement (Advocat Inc), Term Loan and Security Agreement (Diversicare Healthcare Services, Inc.)

Equitable Relief. The Borrower recognizes that in the event the Borrower or any Obligated other Loan Party fails to pay, perform, observe, or discharge any or all of the obligations under the Loan Documents, any remedy at law may prove to be inadequate relief to the Administrative Agent and the BanksLenders. The Borrower therefore agrees that the Administrative Agent and the BanksLenders, if the Administrative Agent or the Required Banks Lenders so request, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 7 contracts

Samples: Revolving Credit Facility Agreement (Lennox International Inc), Assignment and Assumption (Lennox International Inc), Credit Facility Agreement (Lennox International Inc)

Equitable Relief. The Borrower Each of the Loan Parties recognizes that that, in the event the Borrower or any Obligated Party it fails to pay, perform, observe, observe or discharge any or all of the obligations under the Loan DocumentsObligations, any remedy at law may prove to be inadequate relief to the Administrative Agent and the BanksLenders. The Borrower Each of the Loan Parties therefore agrees that the Administrative Agent and the BanksLenders, if the Administrative Agent or the Required Banks Lenders so request, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 7 contracts

Samples: Credit Agreement (Dynamex Inc), Credit Agreement (Texas Telecommunications Lp), Credit Agreement (Alamosa PCS Holdings Inc)

Equitable Relief. The Borrower recognizes that in the event the Borrower or any Obligated Party fails to pay, perform, observe, or discharge any or all of the obligations under the Loan DocumentsObligations, any remedy at law may prove to be inadequate relief to the Agent Agent, the Issuing Bank and the BanksLenders. The Borrower therefore agrees that the Agent Agent, the Issuing Bank and the BanksLenders, if the Agent Agent, the Issuing Bank or the Required Banks Lenders so request, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 7 contracts

Samples: Credit Agreement (Ezcorp Inc), Credit Agreement (Ezcorp Inc), Credit Agreement (Ezcorp Inc)

Equitable Relief. The Borrower recognizes that that, in the event the Borrower or any Obligated Party it fails to pay, perform, observe, observe or discharge any or all of the obligations under the Loan DocumentsObligations, any remedy at law may prove to be inadequate relief to the Administrative Agent and the BanksLenders. The Borrower therefore agrees that the Administrative Agent and the BanksLenders, if the Administrative Agent or the Required Banks Lenders so request, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 7 contracts

Samples: Credit Agreement (Log on America Inc), Credit Agreement (Telergy Inc /Ny), Credit Agreement (Net2000 Communications Inc)

Equitable Relief. The Borrower recognizes that that, in the event the Borrower or any Obligated Party fails to pay, perform, observe, observe or discharge any or all of the obligations its Obligations under the Loan Documentsthis Agreement, any remedy at law may prove to be inadequate relief to the Agent and the Banks. The ; therefore, Borrower therefore agrees that the Agent and the Banks, if the Agent or the Required Banks so request, shall will be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 6 contracts

Samples: Credit Agreement (Mueller Industries Inc), Credit Agreement (Mueller Industries Inc), Credit Agreement (Mueller Industries Inc)

Equitable Relief. The Borrower recognizes that recognize that, in the event the Borrower or any Obligated Party fails to pay, perform, observe, observe or discharge any of its obligations or all liabilities under this Agreement, the Note or any of the obligations under the other Loan DocumentsAgreements, any remedy at law may prove to be inadequate relief to the Agent and the Banks. The Lenders or Agent; therefore, Borrower therefore agrees that the Agent and the BanksLenders or Agent, if the Agent Lenders or the Required Banks Agents so request, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 4 contracts

Samples: Warehousing Credit Agreement (PLM International Inc), Warehousing Credit Agreement (PLM International Inc), Warehousing Credit Agreement (American Finance Group Inc /De/)

Equitable Relief. The Each Borrower recognizes that in the event the Borrower or any Obligated Loan Party fails to pay, perform, observe, or discharge any or all of the obligations under the Loan Documents, any remedy at law may prove to be inadequate relief to the Administrative Agent and the BanksLenders. The Each Borrower therefore agrees that the Administrative Agent and the BanksLenders, if the Administrative Agent or the Required Banks Lenders so request, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 3 contracts

Samples: Credit Agreement (Valmont Industries Inc), Credit Agreement (Valmont Industries Inc), Credit Agreement (Valmont Industries Inc)

Equitable Relief. The Borrower recognizes that that, in the event the Borrower or any Obligated Party fails to pay, perform, observe, observe or discharge any of its obligations or all of the obligations liabilities under the Loan Documentsthis Agreement, any remedy at law may prove to be inadequate relief to the Agent and Lenders; therefore, the Banks. The Borrower therefore agrees that the Agent and for the Banksbenefit of Lenders, if the Agent or the Required Banks so requestrequests, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 3 contracts

Samples: Term Loan and Security Agreement (Strawberry Fields REIT, Inc.), Term Loan and Security Agreement (Strawberry Fields REIT, Inc.), Term Loan and Security Agreement (Strawberry Fields REIT, Inc.)

Equitable Relief. The Each Borrower recognizes that in the event the such Borrower or any Obligated other Loan Party fails to pay, perform, observe, or discharge any or all of the obligations under the Loan Documents, any remedy at law may prove to be inadequate relief to the Administrative Agent and the BanksLenders. The Each Borrower therefore agrees that the Administrative Agent and the BanksLenders, if the Administrative Agent or the Required Banks Lenders so request, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 3 contracts

Samples: Credit Agreement (IHS Inc.), Guaranty Agreement (IHS Inc.), Credit Agreement (IHS Inc.)

Equitable Relief. The Parent and Borrower recognizes recognize that in the event the Borrower or any Obligated Party fails to pay, perform, observe, or discharge any or all of the obligations under the Loan Documents, any remedy at law may prove to be inadequate relief to the Agent and the Banks. The Parent and Borrower therefore agrees agree that the Agent and the Banks, if the Agent or the Required Banks so request, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 3 contracts

Samples: Credit Agreement (Horizon Health Corp /De/), Credit Agreement (Horizon Health Corp /De/), Credit Agreement (Horizon Health Corp /De/)

Equitable Relief. The Borrower recognizes that in the event the Borrower or ---------------- any Obligated Loan Party fails to pay, perform, observe, or discharge any or all of the obligations under the Loan Documents, any remedy at law may prove to be inadequate relief to the Agent Agents and the BanksLenders. The Borrower therefore agrees that the Agent Agents and the BanksLenders, if the Administrative Agent or the Required Banks Lenders so request, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 2 contracts

Samples: Credit Agreement (Renaissance Worldwide Inc), Credit Agreement (Renaissance Worldwide Inc)

Equitable Relief. The Borrower recognizes that in the event the Borrower or any Obligated Party Guarantor fails to pay, perform, observe, or discharge any or all of the obligations Obligations under the Loan Documents, any remedy at law may prove to be inadequate relief to the Agent and the BanksLenders. The Borrower therefore agrees that the Agent and the BanksLenders, if the Agent or the Required Banks Lenders so request, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 2 contracts

Samples: Credit Agreement (Williams Sonoma Inc), Credit Agreement (Cec Entertainment Inc)

Equitable Relief. The Each Borrower recognizes that in the event the any Borrower or any Obligated Party fails to pay, perform, observe, or discharge any or all of the obligations under the Loan Documents, any remedy at law may prove to be inadequate relief to the Agent and the Banks. The Each Borrower therefore agrees that the Agent and the Banks, if the Agent or the Required Banks so request, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 2 contracts

Samples: Credit Agreement (Marketing Specialists Corp), Credit Agreement (Marketing Specialists Corp)

Equitable Relief. The Borrower recognizes that in the event the Borrower or any Obligated Party fails to pay, perform, observe, or discharge any or all of the obligations under the Loan DocumentsObligations, any remedy at law may prove to be inadequate relief to the Agent Agent, the Issuing Bank and the Banks. The Borrower therefore agrees that the Agent Agent, the Issuing Bank and the Banks, if the Agent or the Required Banks any of such Persons so requestrequests, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 2 contracts

Samples: Credit Agreement (Veritas DGC Inc), Security Agreement (Veritas DGC Inc)

Equitable Relief. The Borrower recognizes that in the event the Borrower or ---------------- any Obligated Loan Party fails to pay, perform, observe, or discharge any or all of the obligations under the Loan Transaction Documents, any remedy at law may prove to be inadequate relief to the Administrative Agent and the BanksLenders. The Borrower therefore agrees that the Administrative Agent and the BanksLenders, if the Administrative Agent or the Required Banks Lenders so request, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 2 contracts

Samples: Credit Agreement (Imperial Financial Group Inc), Credit Agreement (Imperial Financial Group Inc)

Equitable Relief. The Borrower recognizes that in the event the Borrower or any Obligated Party fails to pay, perform, observe, or discharge any or all of the obligations under the Loan Documents, any remedy at law may prove to be inadequate relief to the Agent and the BanksBank. The Borrower therefore agrees that the Agent and the BanksBank, if the Agent or the Required Banks Bank so requestrequests, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 2 contracts

Samples: Credit Agreement (Tufco Technologies Inc), Credit Agreement (Tufco Technologies Inc)

Equitable Relief. The Borrower recognizes that in the event the Borrower or any Obligated Party fails to pay, perform, observe, observe or discharge any or all of the obligations under the Loan DocumentsObligations, any remedy at law may prove to be inadequate relief to the Agent and the Banks. The Borrower therefore agrees that if the Agent or any of the Banks so requests, the Agent and the Banks, if the Agent or the Required Banks so request, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 1 contract

Samples: Credit Agreement (MSR Exploration LTD)

Equitable Relief. The Borrower recognizes that in the event the Borrower or any Obligated Party fails to pay, perform, observe, or discharge any or all of the obligations under the Loan DocumentsObligations, any remedy at law may prove to be inadequate relief to the Agent Agents, the Issuing Banks and the Banks. The Borrower therefore agrees that the Agent and the Banks, if the Agent Agents, the Issuing Banks or the Required Banks so request, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 1 contract

Samples: Credit Agreement (Magnum Hunter Resources Inc)

Equitable Relief. The Borrower recognizes that that, in the event the Borrower or any Obligated Party it fails to pay, perform, observe, observe or discharge any of its obligations or all liabilities under this Agreement, the Notes or any of the obligations under the Loan other Transaction Documents, any remedy at law may prove to be inadequate relief to the Agent and Lenders or the Banks. The Agent; therefore, the Borrower therefore agrees that the Agent and Lenders or the BanksAgent, if the Agent or the Required Banks Lenders so request, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 1 contract

Samples: Credit Agreement (Seabulk International Inc)

Equitable Relief. The Borrower recognizes that that, in the event the Borrower or any Obligated Party it fails to pay, perform, observe, or discharge any or all of the obligations under the Loan DocumentsObligations, any remedy at law may prove to be inadequate relief to the Agent and the BanksLenders. The Borrower therefore agrees that the Agent and the BanksLenders, if the Agent or the Required Banks Lenders so request, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 1 contract

Samples: Credit Agreement (Lufkin Industries Inc)

Equitable Relief. The Borrower recognizes recognize that in the event the Borrower or any Obligated Party fails fail to pay, perform, observe, observe or discharge any or all of the obligations under the Loan DocumentsObligations, any remedy at law may prove to be inadequate relief to the Agent and the Banks. The Borrower therefore agrees that the Agent and the Banks, if the Agent or the Required Banks so request, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 1 contract

Samples: Credit Agreement (R&b Falcon Corp)

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Equitable Relief. The Borrower recognizes that in the event the Borrower or any Obligated Party Significant Subsidiary fails to pay, perform, observe, or discharge any or all of the obligations under the Loan Documents, any remedy at law may prove to be inadequate relief to the Agent and the BanksLenders. The Borrower therefore agrees that the Agent and the BanksLenders, if the Agent or the Required Banks Lenders so request, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 1 contract

Samples: Credit Agreement (Blanch E W Holdings Inc)

Equitable Relief. The Borrower recognizes that in the event the Borrower or any Obligated other Loan Party fails to pay, perform, observe, or discharge any or all of the obligations under the Loan Documents, any remedy at law may prove to be inadequate relief to the Administrative Agent and the BanksLenders. The Borrower therefore agrees that the Administrative Agent and the BanksLenders, if the Administrative Agent or the Required Banks Lenders so request, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 1 contract

Samples: Credit Agreement (IHS Inc.)

Equitable Relief. The Borrower recognizes that in the event the Borrower or any Obligated Party fails to pay, perform, observe, or discharge any or all of the obligations under the Loan Transaction Documents, any remedy at law may prove to be inadequate relief to the Administrative Agent and the BanksLenders. The Borrower therefore agrees that the Administrative Agent and the BanksLenders, if the Administrative Agent or the Required Banks Lenders so request, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 1 contract

Samples: Credit Agreement (Oreilly Automotive Inc)

Equitable Relief. The Borrower recognizes that in the event the Borrower or any Obligated Loan Party fails to pay, perform, observe, or discharge any or all of the obligations under the Loan Documents, any remedy at law may prove to be inadequate relief to the Administrative Agent and the BanksLenders. The Borrower therefore agrees that the Administrative Agent and the BanksLenders, if the Administrative Agent or the Required Banks Lenders so request, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 1 contract

Samples: Credit Agreement (Monarch Dental Corp)

Equitable Relief. The Borrower recognizes that in the event the Borrower or any Obligated Party fails to pay, perform, observe, or discharge any or all of the obligations under the Loan Documents, any remedy at law may prove to be inadequate relief to the Agent Agent, the Arranger and the Banks. The Borrower therefore agrees that the Agent Agent, the Arranger and the Banks, if the Agent Agent, the Arranger or the Required Banks so request, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 1 contract

Samples: Credit Agreement (Tufco Technologies Inc)

Equitable Relief. The Borrower recognizes Borrowers recognize that in the event the Borrower or any Obligated Party fails Borrowers fail to pay, perform, observe, or discharge any or all of the obligations under the Loan DocumentsObligations, any remedy at law may prove to be inadequate relief to the Agent and the Banks. The Borrower Borrowers therefore agrees agree that the Agent and the Banks, if the Agent or the Required Banks so request, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 1 contract

Samples: Loan Agreement (Castle Energy Corp)

Equitable Relief. The Borrower recognizes that that, in the event the Borrower or any Obligated Party fails to pay, perform, observe, observe or discharge any of its obligations or all liabilities under this Agreement, the Notes or any of the obligations under the other Loan DocumentsAgreements, any remedy at law may prove to be inadequate relief to the Agent and Banks or the Banks. The Agent; therefore, Borrower therefore agrees that the Agent and Banks or the BanksAgent, if the Agent or the Required Banks so requestrequests, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 1 contract

Samples: Credit Agreement (Textainer Group Holdings LTD)

Equitable Relief. The Borrower Each of the Loan Parties recognizes that in ---------------- the event the Borrower it or any Obligated other Loan Party fails to pay, perform, observe, observe or discharge any or all of the obligations under the Loan DocumentsObligations, any remedy at law may prove to be inadequate relief to the Agent and the BanksLenders. The Borrower Each of the Loan Parties therefore agrees that the Agent and the BanksLenders, if the Agent or the Required Banks Lenders so request, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 1 contract

Samples: Intercreditor Agreement (Mail Well Inc)

Equitable Relief. The Borrower recognizes Borrowers recognize that in the event the Borrower or any Obligated Loan Party fails to pay, perform, observe, or discharge any or all of the obligations under the Loan Documents, any remedy at law may prove to be inadequate relief to the Administrative Agent and the BanksLenders. The Borrower Borrowers therefore agrees agree that the Administrative Agent and the BanksLenders, if the Administrative Agent or the Required Banks Lenders so request, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 1 contract

Samples: Credit Agreement (A. H. Belo CORP)

Equitable Relief. The Borrower recognizes and Holding recognize that in the event the Borrower or any Obligated Party fails to pay, perform, observe, or discharge any or all of the obligations under the Loan Documents, any remedy at law may prove to be inadequate relief to the Agent and the Banks. The Holding and the Borrower therefore agrees agree that the Agent and the Banks, if the Agent or the Required Banks so request, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 1 contract

Samples: Credit Agreement (Jotan Inc)

Equitable Relief. The Each Borrower and each Obligated Party recognizes that in the event the either Borrower or any Obligated Party fails to pay, perform, observe, or discharge any or all of the their respective obligations under the Loan Documents, any remedy at law may prove to be inadequate relief to the Agent and the Banks. The Each Borrower and each Obligated Party therefore agrees that the Agent and the Banks, if the Agent or the Required Banks so request, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 1 contract

Samples: Security Agreement (Nelnet Inc)

Equitable Relief. The Borrower recognizes that in the event the Borrower or any Obligated ---------------- Loan Party fails to pay, perform, observe, or discharge any or all of the obligations under the Loan Documents, any remedy at law may prove to be inadequate relief to the Agent Agents and the BanksLenders. The Borrower therefore agrees that the Agent Agents and the BanksLenders, if the Administrative Agent or the Required Banks Lenders so request, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 1 contract

Samples: Credit Agreement (Renaissance Worldwide Inc)

Equitable Relief. The Borrower Each of the Loan Parties recognizes that that, in the event the Borrower or any Obligated Party it fails to pay, perform, observe, observe or discharge any or all of the obligations under the Loan DocumentsObligations, any remedy at law may prove to be inadequate relief to the Agent and the BanksLenders. The Borrower Each of the Loan Parties therefore agrees that the Agent and the BanksLenders, if the Agent or the Required Banks Lenders so request, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 1 contract

Samples: Credit Agreement (Dynamex Inc)

Equitable Relief. The Borrower recognizes that that, in the event the Borrower or any Obligated Party it fails to pay, perform, observe, observe or discharge any of its obligations or all liabilities under this Agreement, the Revolving Loan Notes or any of the obligations under the Loan other Transaction Documents, any remedy at law may prove to be inadequate relief to the Agent and Lenders or the Banks. The Agent; therefore, the Borrower therefore agrees that the Agent and Lenders or the BanksAgent, if the Agent or the Required Banks Lenders so request, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 1 contract

Samples: Credit Agreement (Seabulk Offshore LTD)

Equitable Relief. The Borrower Each of the Loan Parties recognizes that that, ---------------- in the event the Borrower or any Obligated Party it fails to pay, perform, observe, observe or discharge any or all of the obligations under the Loan DocumentsObligations, any remedy at law may prove to be inadequate relief to the Administrative Agent and the BanksLenders. The Borrower Each of the Loan Parties therefore agrees that the Administrative Agent and the BanksLenders, if the Administrative Agent or the Required Banks Lenders so request, shall be entitled to temporary and permanent injunctive relief in any such case without the necessity of proving actual damages.

Appears in 1 contract

Samples: Credit Agreement (Ipcs Inc)

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