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 Allegiance, CBTX or the Surviving Entity 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 Allegiance, CBTX or the Surviving Entity, as the case may be, for such a breach would be an inadequate remedy. Consequently, each of Allegiance, CBTX and the Surviving Entity 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, and attorney’s fees, and, notwithstanding Allegiance’s, CBTX’s or the Surviving Entity’s, as applicable, right to so seek damages, the Undersigned waives any defense that an adequate remedy for Allegiance, CBTX or the Surviving Entity, as applicable, exists under law. If the Undersigned, on the one hand, or Allegiance, CBTX or the Surviving Entity, on the other hand, must bring suit to enforce this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees and costs related thereto.

Appears in 2 contracts

Sources: Merger Agreement (Allegiance Bancshares, Inc.), Director Support Agreement (CBTX, Inc.)

Injunctive Relief and Additional Remedies. The Undersigned acknowledges that the injury that would be suffered by Allegiance, CBTX HBI or the Surviving Entity FBI 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 Allegiance, CBTX HBI or the Surviving EntityFBI, as the case may be, for such a breach would be an inadequate remedy. Consequently, each of Allegiance, CBTX HBI and the Surviving Entity will FBI 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, damages and attorney’s fees, and, notwithstanding Allegiance’s, CBTXHBI’s or the Surviving EntityFBI’s, as applicablethe case may be, right to so seek damages, the Undersigned waives any defense that an adequate remedy for Allegiance, CBTX HBI or the Surviving EntityFBI, as applicablethe case may be, exists under law. If the Undersigned, on the one hand, or Allegiance, CBTX HBI or the Surviving EntityFBI, 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 (Hawthorn Bancshares, Inc.)

Injunctive Relief and Additional Remedies. The Undersigned acknowledges that the injury that would be suffered by Allegiance, CBTX STXB or the Surviving Entity CBI 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 Allegiance, CBTX STXB or the Surviving EntityCBI, as the case may be, for such a breach would be an inadequate remedy. Consequently, each of Allegiance, CBTX STXB and the Surviving Entity will CBI 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 proposed, 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 attorneys’ fees, and, notwithstanding Allegiance’s, CBTXSTXB’s or the Surviving EntityCBI’s, as applicablethe case may be, right to so seek damages, the Undersigned waives any defense that an adequate remedy for Allegiance, CBTX STXB or the Surviving EntityCBI, as applicablethe case may be, exists under law. If the Undersigned, on the one hand, or Allegiance, CBTX STXB or the Surviving EntityCBI, on the other hand, must bring suit to enforce this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees and costs related thereto.

Appears in 1 contract

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

Injunctive Relief and Additional Remedies. The Undersigned acknowledges that the injury that would be suffered by AllegianceParent, CBTX Servbank, the Company or the Surviving Entity Bank as a result of a breach of the provisions of this Support Agreement (including any provision of Section 3) would be irreparable and that an award of monetary damages to AllegianceParent, CBTX Servbank, the Company or the Surviving EntityBank, as the case may be, for such a breach would be an inadequate remedy. Consequently, each of AllegianceParent, CBTX Servbank, the Company and the Surviving Entity will Bank 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 Support 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 AllegianceParent’s, CBTXServbank’s, the Company’s or the Surviving EntityBank’s, as applicablethe case may be, right to so seek damages, the Undersigned waives any defense that an adequate remedy for AllegianceParent, CBTX Servbank, the Company or the Surviving EntityBank, as applicablethe case may be, exists under law. If the Undersigned, on the one hand, or AllegianceParent, CBTX Servbank, the Company or the Surviving EntityBank, on the other hand, must bring suit to enforce this Support Agreement, the prevailing party shall be entitled to recover its reasonable and documented attorneys’ fees and costs related thereto.

Appears in 1 contract

Sources: Director Support Agreement (If Bancorp, Inc.)

Injunctive Relief and Additional Remedies. The Undersigned Director acknowledges that the injury that would be suffered by Allegiance, CBTX BFST or the Surviving Entity PBI 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 Allegiance, CBTX BFST or the Surviving EntityPBI, as the case may be, for such a breach would be an inadequate remedy. Consequently, each of Allegiance, CBTX BFST and the Surviving Entity PBI 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, and attorney’s fees, and, notwithstanding Allegiance’s, CBTXBFST’s or the Surviving EntityPBI’s, as applicablethe case may be, right to so seek damages, the Undersigned Director waives any defense that an adequate remedy for Allegiance, CBTX BFST or the Surviving EntityPBI, as applicablethe case may be, exists under law. If the UndersignedDirector, on the one hand, or Allegiance, CBTX BFST or the Surviving EntityPBI, on the other hand, must bring suit to enforce this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees and costs related thereto.

Appears in 1 contract

Sources: Merger Agreement (Business First Bancshares, Inc.)