Common use of Injunctive Relief and Additional Remedies Clause in Contracts

Injunctive Relief and Additional Remedies. The Undersigned acknowledges that the injury that would be suffered by BFST or Progressive as a result of a breach of the provisions of this Agreement (including any provision of Section 3) would be irreparable and that an award of monetary damages to BFST or Progressive, as the case may be, for such a breach would be an inadequate remedy. Consequently, each of BFST and Progressive shall have the right, in addition to any other rights it may have, to seek specific performance, to obtain injunctive relief to restrain any proposed or actual breach or threatened breach or otherwise to specifically enforce any provision of this Agreement without the obligation to post bond or other security in seeking such relief. Such equitable remedies are in addition to the right to obtain compensatory and punitive damages and attorney’s fees, and, notwithstanding BFST’s or Progressive’s, as the case may be, right to so seek damages, the Undersigned waives any defense that an adequate remedy for BFST or Progressive, as the case may be, exists under law. If the Undersigned, on the one hand, or BFST or Progressive, on the other hand, must bring suit to enforce this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs related thereto.

Appears in 2 contracts

Sources: Director Support Agreement (Business First Bancshares, Inc.), Director Support Agreement (Business First Bancshares, Inc.)

Injunctive Relief and Additional Remedies. The Undersigned acknowledges that the injury that would be suffered by BFST Spirit or Progressive the Company as a result of a breach of the provisions of this Agreement (including any provision of Section 3) would be irreparable and that an award of monetary damages to BFST Spirit or Progressivethe Company, as the case may be, for such a breach would be an inadequate remedy. Consequently, each of BFST Spirit and Progressive the Company shall have the right, in addition to any other rights it may have, to seek specific performance, to obtain injunctive relief to restrain any proposed or actual breach or threatened breach or otherwise to specifically enforce any provision of this Agreement without the obligation to post bond or other security in seeking such relief. Such equitable remedies are in addition to the right to obtain compensatory and punitive damages and attorney’s fees, and, notwithstanding BFSTSpirit’s or Progressivethe Company’s, as the case may be, right to so seek damages, the Undersigned waives any defense that an adequate remedy for BFST Spirit or Progressivethe Company, as the case may be, exists under law. If the Undersigned, on the one hand, or BFST Spirit or Progressivethe Company, on the other hand, must bring suit to enforce this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs related thereto.

Appears in 2 contracts

Sources: Director Support Agreement (Spirit of Texas Bancshares, Inc.), Director Support Agreement (Spirit of Texas Bancshares, Inc.)

Injunctive Relief and Additional Remedies. The Undersigned acknowledges that the injury that would be suffered by BFST Allegiance or Progressive the Company as a result of a breach of the provisions of this Agreement (including any provision of Section 3) would be irreparable and that an award of monetary damages to BFST Allegiance or Progressivethe Company, as the case may be, for such a breach would be an inadequate remedy. Consequently, each of BFST Allegiance and Progressive shall the Company will have the right, in addition to any other rights it may have, to seek specific performance, to obtain injunctive relief to restrain any proposed or actual breach or threatened breach or otherwise to specifically enforce any provision of this Agreement without the obligation to post bond or other security in seeking such relief. Such equitable remedies are in addition to the right to obtain compensatory and punitive damages damages, and attorney’s fees, and, notwithstanding BFSTAllegiance’s or Progressivethe Company’s, as the case may be, right to so seek damages, the Undersigned waives any defense that an adequate remedy for BFST Allegiance or Progressivethe Company, as the case may be, exists under law. If the Undersigned, on the one hand, or BFST Allegiance or Progressivethe Company, on the other hand, must bring suit to enforce this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs related thereto.

Appears in 1 contract

Sources: Merger Agreement (Allegiance Bancshares, Inc.)

Injunctive Relief and Additional Remedies. The Undersigned acknowledges that the injury that would be suffered by BFST SPFI or Progressive BOH as a result of a breach of the provisions of this Agreement (including any provision of Section 3) would be irreparable and that an award of monetary damages to BFST SPFI or ProgressiveBOH, as the case may be, for such a breach would be an inadequate remedy. Consequently, each of BFST SPFI and Progressive BOH shall have the right, in addition to any other rights it may have, to seek specific performance, to obtain injunctive relief to restrain any proposed or actual breach or threatened breach or otherwise to specifically enforce any provision of this Agreement without the obligation to post bond or other security in seeking such relief. Such equitable remedies are in addition to the right to obtain compensatory and punitive damages and attorney’s fees, and, notwithstanding BFSTSPFI’s or ProgressiveBOH’s, as the case may be, right to so seek damages, the Undersigned waives any defense that an adequate remedy for BFST SPFI or ProgressiveBOH, as the case may be, exists under law. If the Undersigned, on the one hand, or BFST SPFI or ProgressiveBOH, on the other hand, must bring suit to enforce this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs related thereto.

Appears in 1 contract

Sources: Director Support Agreement (South Plains Financial, Inc.)

Injunctive Relief and Additional Remedies. The Undersigned acknowledges that the injury that would be suffered by BFST Buyer or Progressive Company as a result of a breach of the provisions of this Agreement (including any provision of Section 3) would be irreparable and that an award of monetary damages to BFST Buyer or ProgressiveCompany, as the case may be, for such a breach would be an inadequate remedy. Consequently, each of BFST Buyer and Progressive Company shall have the right, in addition to any other rights it may have, to seek specific performance, to obtain injunctive relief to restrain any proposed or actual breach or threatened breach or otherwise to specifically enforce any provision of this Agreement without the obligation to post bond or other security in seeking such relief. Such equitable remedies are in addition to the right to obtain compensatory and punitive damages and attorney’s fees, and, notwithstanding BFSTBuyer’s or ProgressiveCompany’s, as the case may be, right to so seek damages, the Undersigned waives any defense that an adequate remedy for BFST Buyer or ProgressiveCompany, as the case may be, exists under law. If the Undersigned, on the one hand, or BFST Buyer or ProgressiveCompany, on the other hand, must bring suit to enforce this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs related thereto.

Appears in 1 contract

Sources: Director Support Agreement (MetroCity Bankshares, Inc.)