Common use of Hardship Clause in Contracts

Hardship. (a) In the event the Investor sells Common Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 18 contracts

Samples: Equity Purchase Agreement (LeddarTech Holdings Inc.), Equity Purchase Agreement (LeddarTech Holdings Inc.), Equity Purchase Agreement (Learn CW Investment Corp)

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Hardship. (a) In the event the Investor sells Common shares of the Advance Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.022.3, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market)enforce, without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 12 contracts

Samples: Reserve Equity Financing Agreement (Tree Top Industries, Inc.), Reserve Equity Financing Agreement (Medical Care Technologies Inc.), Reserve Equity Financing Agreement (Xun Energy, Inc.)

Hardship. (a) In the event the Investor sells Common Shares of the Company after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 9 contracts

Samples: Equity Purchase Agreement (Biote Corp.), Equity Purchase Agreement (HealthLynked Corp), Equity Purchase Agreement (Ideanomics, Inc.)

Hardship. (a) In the event the Investor sells shares of the Company’s Common Shares Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.022.3, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market)enforce, without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 8 contracts

Samples: Reserve Equity Financing Agreement (Bloggerwave, Inc.), Reserve Equity Financing Agreement (Strategic Mining Corp), Reserve Equity Financing Agreement (USA Synthetic Fuel Corp)

Hardship. (a) In the event the Investor sells Common Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 6 contracts

Samples: Equity Purchase Agreement (Romeo Power, Inc.), Equity Distribution Agreement (Braemar Hotels & Resorts Inc.), Equity Purchase Agreement (Eos Energy Enterprises, Inc.)

Hardship. (a) In the event the Investor sells Common shares of the Advance Shares after receipt of an Advance Notice and the Company fails to perform its the obligations as mandated in Section 2.022.3, which are within the sole control of the Company, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market)enforce, without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 6 contracts

Samples: And Restsated Investment Agreement (iHookup Social, Inc.), Investment Agreement (Axxess Pharma Inc.), Investment Agreement (Axxess Pharma Inc.)

Hardship. (a) In the event the Investor sells Common Shares of the Company after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and other rules of the rules SEC and of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 5 contracts

Samples: Structured Equity Financing Agreement (Society Pass Incorporated.), Equity Purchase Agreement (Helbiz, Inc.), Equity Purchase Agreement (Helbiz, Inc.)

Hardship. (a) In the event the Investor sells Common shares of the Company’s Ordinary Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section ‎Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article ‎Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act, the Companies Law and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 5 contracts

Samples: Equity Distribution Agreement (Bos Better Online Solutions LTD), Equity Distribution Agreement (Bos Better Online Solutions LTD), Equity Distribution Agreement (Bos Better Online Solutions LTD)

Hardship. (a) In the event the Investor sells shares of the Company’s Common Shares Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market)enforce, without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 4 contracts

Samples: Equity Distribution Agreement (American Power Corp.), Equity Distribution Agreement (American Power Corp.), Equity Distribution Agreement (Freeseas Inc.)

Hardship. (a) In the event the Investor sells Common Ordinary Shares after receipt, or deemed receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02this Agreement, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V VI hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such defaultdefault provided that the Investor has complied with all of its obligations, to the extent relevant, as mandated in Section 3.05. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 3 contracts

Samples: Equity Purchase Agreement (Next.e.GO N.V.), Equity Purchase Agreement (Next.e.GO N.V.), Equity Purchase Agreement (Next.e.GO N.V.)

Hardship. (a) In the event the Investor sells Common Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 3 contracts

Samples: Equity Distribution Agreement (Micronet Enertec Technologies, Inc.), Equity Distribution Agreement (Leafbuyer Technologies, Inc.), Equity Distribution Agreement (Generation Alpha, Inc.)

Hardship. (a) In the event the Investor sells Common Ordinary Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 2 contracts

Samples: Equity Purchase Agreement (Hub Cyber Security Ltd.), Equity Purchase Agreement (ETAO International Co., Ltd.)

Hardship. (a) In the event the Investor sells shares of Common Shares Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Micronet Enertec Technologies, Inc.), Investment Agreement (Meridian Waste Solutions, Inc.)

Hardship. (a) In the event the Investor sells Common Shares of the Company after receipt delivery of an Advance a Purchase Notice and the Company fails to perform its obligations as mandated in Section 2.023.01(c), the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V VI hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 2 contracts

Samples: Advance Agreement (Nutex Health, Inc.), Pre Paid Advance Agreement (Lightning eMotors, Inc.)

Hardship. (a) In the event the Investor sells Common shares of the Put Shares after receipt of an Advance a Put Notice and the Company fails to perform its obligations as mandated in Section 2.022.3, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market)enforce, without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Grom Social Enterprises, Inc.), Stock Purchase Agreement (ETAO International Co., Ltd.)

Hardship. (a) In the event the Investor sells Common Shares after receipt, or deemed receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02in this agreement, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V VI hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable and documented legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 2 contracts

Samples: Equity Purchase Agreement (SMX (Security Matters) Public LTD Co), Equity Purchase Agreement (Lionheart III Corp)

Hardship. (a) In the event the Investor sells Common Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 2 contracts

Samples: Equity Purchase Agreement (10X Capital Venture Acquisition Corp. II), Equity Purchase Agreement (Virgin Orbit Holdings, Inc.)

Hardship. (a) In the event the Investor sells Common Shares after receipt, or deemed receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02this Agreement, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V VI hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 2 contracts

Samples: Equity Purchase Agreement (Sadot Group Inc.), Equity Purchase Agreement (MSP Recovery, Inc.)

Hardship. (a) In the event the Investor sells Common Ordinary Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 2 contracts

Samples: Equity Purchase Agreement (Energem Corp), Equity Purchase Agreement (Energem Corp)

Hardship. (a) In the event the Investor sells shares of Common Shares Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 2 contracts

Samples: Equity Distribution Agreement (EZTD Inc), Equity Distribution Agreement (Cannabics Pharmaceuticals Inc.)

Hardship. (a) In the event the Investor sells shares of the Company’s Common Shares Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 2 contracts

Samples: Equity Distribution Agreement (China Recycling Energy Corp), Equity Distribution Agreement (China Recycling Energy Corp)

Hardship. (a) In the event the Investor sells Common Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 2 contracts

Samples: Equity Distribution Agreement (Ideanomics, Inc.), Equity Distribution Agreement (Ideanomics, Inc.)

Hardship. (a) In the event the Investor sells Common Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any documented and actual loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, directly arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Equity Subscription Agreement (VinFast Auto Ltd.)

Hardship. (a) In the event the Investor sells Common Shares after receipt receipt, or deemed receipt, of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02this Agreement, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V VII hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Equity Purchase Agreement (Armada Acquisition Corp. I)

Hardship. (a) In the event the Investor sells shares of the Company’s Common Shares Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.022.1 and 2.2, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market)enforce, without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Investment Agreement (Pitooey!, Inc.)

Hardship. (a) In the event the Investor sells shares of the Company's Common Shares Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market)enforce, without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Omagine, Inc.)

Hardship. (a) In the event the Investor sells Common Shares after receipt of an Advance Notice and If the Company fails to perform defaults in its obligations as mandated to deliver the Shares (which in Section 2.02all cases shall be freely tradeable, registered shares in good deliverable form) on the Advance Settlement Date or any Big Advance Settlement Date the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V Section 5.01 hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market)enforce, without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Equity Purchase Agreement (Cedar Shopping Centers Inc)

Hardship. (a) In the event the Investor sells Common Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V VI hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Equity Purchase Agreement (Armada Acquisition Corp. I)

Hardship. (a) In the event the Investor sells Common the Advance Shares after receipt of an the Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any documented and actual loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, directly arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Equity Subscription Agreement (Antelope Enterprise Holdings LTD)

Hardship. (a) In the event the Investor sells Common Shares ADSs after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Equity Purchase Agreement (SaverOne 2014 Ltd.)

Hardship. (a) In the event the Investor sells Common Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act and the other rules of the Principal MarketU.S. Market and the TSX), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Equity Purchase Agreement (Niocorp Developments LTD)

Hardship. (a) In the event the Investor sells Common Ordinary Shares after receipt, or deemed receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02in this agreement, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V VI hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Advance Agreement (Mainz Biomed N.V.)

Hardship. (a) In the event the Investor sells Common Shares of the Company after receipt delivery of an Advance a Purchase Notice and the Company fails to perform its obligations as mandated in Section 2.023.01(c), (d) and (e), the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V VI hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Advance Agreement (Canoo Inc.)

Hardship. (a) In the event the Investor sells Common Shares after receipt, or deemed receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02this Agreement, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V VI hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Equity Purchase Agreement (Spectral AI, Inc.)

Hardship. (a) In the event the Investor sells shares of the Company’s Common Shares Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.022.03, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market)enforce, without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Supertel Hospitality Inc)

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Hardship. (a) In the event the Investor sells shares of the Company’s Common Shares Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market)enforce, without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Advanced Life Sciences Holdings, Inc.)

Hardship. (a) In the event the Investor sells Common Shares Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (KULR Technology Group, Inc.)

Hardship. (a) In the event the Investor sells Common Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws Laws, the Securities Act and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Equity Purchase Agreement (Twin Ridge Capital Acquisition Corp.)

Hardship. (a) In the event the Investor sells Common Shares Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Equity Purchase Agreement (Digital Health Acquisition Corp.)

Hardship. (a) In the event the Investor sells shares of Common Shares Stock after receipt, or deemed receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02this Agreement, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V VI hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable and documented legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Equity Purchase Agreement (GigCapital5, Inc.)

Hardship. (a) In the event the Investor sells Common Shares of the Company after receipt delivery of an Advance a Purchase Notice and the Company fails to perform its obligations as mandated in Section 2.023.01(c), the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V VI hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Pre Paid Advance Agreement (Orbital Infrastructure Group, Inc.)

Hardship. (a) In the event the Investor sells Common shares of the Company’s Ordinary Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act, the Companies Law and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Bos Better Online Solutions LTD)

Hardship. (a) In the event the Investor sells shares of the Common Shares Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.022.3, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market)enforce, without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Reserve Equity Financing Agreement (Global Earth Energy, Inc.)

Hardship. (a) In the event the Investor sells Common Ordinary Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Equity Purchase Agreement (IG Acquisition Corp.)

Hardship. (a) In the event the Investor sells Common Shares after receipt, or deemed receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.023.05, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V VI hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to seek an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Equity Purchase Agreement (Banzai International, Inc.)

Hardship. (a) In the event the Investor sells Common Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, ) arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Equity Purchase Agreement (Reborn Coffee, Inc.)

Hardship. (a) In the event the Investor sells Common Ordinary Shares after receipt, or deemed receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02this Agreement, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V VI hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Equity Purchase Agreement (Zapp Electric Vehicles Group LTD)

Hardship. (a) In the event the Investor sells shares of the Company’s Common Shares Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article VArticle V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market)enforce, without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Standby Equity Distribution Agreement (Omagine, Inc.)

Hardship. (a) In the event the Investor sells Common Shares of the Company after receipt delivery of an Advance a Purchase Notice and the Company fails to perform its obligations as mandated in Section 2.023.01(c), the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V VI hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Advance Agreement (Reborn Coffee, Inc.)

Hardship. (a) In the event the Investor sells Common Shares after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V VI hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Ideanomics, Inc.)

Hardship. (a) In the event the Investor sells Common Shares of the Company after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section ‎Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article ‎Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Equity Purchase Agreement (Rubicon Technologies, Inc.)

Hardship. (a) In the event the Investor sells shares of Common Shares Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws the Securities Act and the other rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Investview, Inc.)

Hardship. (a) In the event the Investor sells Common Shares after receipt of an Advance Notice or an Additional Advance Notice and the Company fails to perform its obligations as mandated in Section 2.02, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Equity Purchase Agreement (Scilex Holding Co)

Hardship. (a) In the event the Investor sells shares of the Company’s Common Shares Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.022.03, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V Section 5.01 hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of that any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market)enforce, without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Rxi Pharmaceuticals Corp)

Hardship. (a) In the event the Investor sells shares of the Company’s Common Shares Stock after receipt of an Advance Notice and the Company fails to perform its obligations as mandated in Section 2.022.03, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V Section 5.01 hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market)enforce, without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Equity Distribution Agreement (Jag Media Holdings Inc)

Hardship. (a) In the event the Investor sells Common Shares after receipt, or deemed receipt of an Advance Notice and the Company materially fails to perform its obligations as mandated in Section 2.02this Agreement, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V VI hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any loss, claim, damage, or expense (including reasonable and documented legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market), without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Equity Purchase Agreement (Celularity Inc)

Hardship. (a) In the event the Investor sells Common Shares after receipt of an Advance Notice and If the Company fails to perform defaults in its obligations as mandated to deliver the Shares (which in Section 2.02all cases shall be freely tradable, registered shares in good deliverable form) on the Advance Settlement Date, the Company agrees that in addition to and in no way limiting the rights and obligations set forth in Article V hereto and in addition to any other remedy to which the Investor is entitled at law or in equity, including, without limitation, specific performance, it will hold the Investor harmless against any direct (and not consequential) loss, claim, damage, or expense (including reasonable legal fees and expenses), as incurred, arising out of or in connection with such default by the Company and acknowledges that irreparable damage may would occur in the event of any such default. It is accordingly agreed that the Investor shall be entitled to an injunction or injunctions to prevent such breaches of this Agreement and to specifically enforce (subject to Applicable Laws and the rules of the Principal Market)enforce, without the posting of a bond or other security, the terms and provisions of this Agreement.

Appears in 1 contract

Samples: Standby Equity Distribution Agreement (RAIT Financial Trust)

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