Material Breaches. Following any material breach (i) by ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ of the Citron Employment Agreement or (ii) by ▇▇▇▇ ▇. ▇▇▇▇▇ of the Lefar Employment Agreement, Holdings shall exercise all of its rights and remedies provided by law to be compensated for all damages, losses, claims and expenses arising out of or in connection with such material breach, including, without limitation, the right to require the breaching party to account for and pay to Holdings all compensation, profits, moneys, accruals, increments or other benefits derived or received by such breaching party as a result of any transaction constituting such material breach. In the event that any such material breach constitutes an activity prohibited by any restrictive covenant contained in the Citron Employment Agreement or Lefar Employment Agreement, as appropriate, Holdings shall also seek a temporary restraining order or a preliminary or permanent injunction, or both, without bond or other security, restraining the breaching party from engaging in such activity, or such other relief as may be required specifically to enforce the applicable restrictive covenant.
Appears in 3 contracts
Sources: Third Lien Note Purchase Agreement (Vonage Holdings Corp), First Lien Credit and Guaranty Agreement (Vonage Holdings Corp), Second Lien Credit and Guaranty Agreement (Vonage Holdings Corp)