Common use of Remedies; Attorneys’ Fees Clause in Contracts

Remedies; Attorneys’ Fees. Each Holder of Registrable Securities, in addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, shall be entitled to specific performance of its rights under this Agreement. The Company agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of any provision of this Agreement and hereby agrees to waive the defense in any action for specific performance that a remedy at law would be adequate. As between the parties to this Agreement, in any action or proceeding brought to enforce any provision of this Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall be entitled to recover reasonable attorney's fees in addition to its costs and expenses and any other available remedy.

Appears in 4 contracts

Samples: Registration Rights Agreement (Usa Education Inc), Registration Rights Agreement (Usa Education Inc), Stockholders Agreement (NCP SBG Lp)

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Remedies; Attorneys’ Fees. Each Holder of Registrable Securities, in addition to being entitled to exercise all rights provided herein or granted by law, including in cluding recovery of damages, shall be entitled to specific performance of its rights under this Agreement. The Company agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of any provision of this Agreement and hereby agrees to waive the defense in any action for specific performance that a remedy at law would be adequate. As between the parties to this Agreement, in any action or proceeding brought to enforce any provision of this Agreement, or where any provision hereof is validly asserted as a defense, the successful party shall be entitled to recover reasonable attorney's fees in addition to its costs and expenses and any other available remedy.

Appears in 2 contracts

Samples: Registration Rights Agreement (Cd&r Investment Associates Ii Inc), Registration Rights Agreement (Us Office Products Co)

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