Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 2198 contracts
Samples: Securities Purchase Agreement (Ontrak, Inc.), Securities Purchase Agreement (Aptevo Therapeutics Inc.), Securities Purchase Contract (Nano Labs LTD)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 1389 contracts
Samples: Securities Purchase Agreement (Velo3D, Inc.), Securities Purchase Agreement (Mechanical Technology Inc), Securities Purchase Agreement (Healthcare Corp of America)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 662 contracts
Samples: Securities Purchase Agreement (Radview Software LTD), Securities Purchase Agreement (Mexoro Minerals LTD), Securities Purchase Agreement (Meagher Michael J)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 450 contracts
Samples: Securities Purchase Agreement (Signalife, Inc.), Securities Purchase Agreement (Msgi Security Solutions, Inc), Securities Purchase Agreement (NewStar Financial, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Investors and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 205 contracts
Samples: Securities Purchase Agreement (Drugmax Inc), Securities Purchase Agreement (China Packaging Group Inc.), Securities Purchase Agreement (Uroplasty Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 180 contracts
Samples: Securities Purchase Agreement (Hash Labs Inc.), Securities Purchase Agreement (Creative Realities, Inc.), Securities Purchase Agreement (NaturalShrimp Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation (other than in connection with any action for a temporary restraining order) the defense that a remedy at law would be adequate.
Appears in 162 contracts
Samples: Securities Purchase Agreement (Unicycive Therapeutics, Inc.), Securities Purchase Agreement (I-Level Media Group Inc), Share Purchase Agreement (First Merchants Corp)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 107 contracts
Samples: Securities Purchase Agreement (Integrated Media Technology LTD), Securities Purchase Agreement for Units (Tenax Therapeutics, Inc.), Securities Purchase Agreement (Aridis Pharmaceuticals, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 89 contracts
Samples: Subscription Agreement (Atlas Venture Fund VII L P), Securities Purchase Agreement (Enphase Energy, Inc.), Securities Purchase Agreement (Planet Green Holdings Corp.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 57 contracts
Samples: Securities Purchase Agreement (Voyant International CORP), Contribution Agreement (Net TALK.COM, Inc.), Securities Purchase Agreement (National Automation Services Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 55 contracts
Samples: Securities Purchase Agreement (60 Degrees Pharmaceuticals, Inc.), Securities Purchase Agreement (Innovative Payment Solutions, Inc.), Securities Purchase Agreement (60 Degrees Pharmaceuticals, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 52 contracts
Samples: Securities Purchase Agreement (North American Technologies Group Inc /Tx/), Preferred Stock Purchase Agreement (Cord Blood America, Inc.), Securities Purchase Agreement (Zurvita Holdings, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 51 contracts
Samples: Securities Purchase Agreement (Emmaus Life Sciences, Inc.), Securities Purchase Agreement (Addex Therapeutics Ltd.), Securities Purchase Agreement (Digital Brands Group, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 40 contracts
Samples: Securities Purchase Agreement (Viral Genetics Inc /De/), Securities Purchase Agreement (Legend Media, Inc.), Securities Purchase Agreement (GRANDPARENTS.COM, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Investors and the Company will be entitled to seek specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation (other than in connection with any action for temporary restraining order) the defense that a remedy at law would be adequate.
Appears in 40 contracts
Samples: Securities Purchase Agreement (CareDx, Inc.), Securities Purchase Agreement (Intelligentias, Inc.), Securities Purchase Agreement (Dyadic International Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 39 contracts
Samples: Securities Purchase Agreement (White River Energy Corp.), Securities Purchase Agreement (Workstream Inc), Subscription Agreement (Neutron Enterprises Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Shareholders, Parent and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties Parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 35 contracts
Samples: Share Exchange Agreement (Discovery Gold Corp), Share Exchange Agreement (Sombrio Capital Corp), Share Exchange Agreement (Resume in Minutes, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers each Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 32 contracts
Samples: Securities Purchase Agreement (U S Restaurant Properties Inc), Securities Purchase Agreement (Offline Consulting Inc), Securities Purchase Agreement (Tagalder Global Investment, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Buyer and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 31 contracts
Samples: Securities Purchase Agreement (Perfect Moment Ltd.), Securities Purchase Agreement (Perfect Moment Ltd.), Securities Purchase Agreement (California Gold Corp.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Investors and the Company will be entitled to seek specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 28 contracts
Samples: Securities Purchase Agreement (SusGlobal Energy Corp.), Securities Purchase Agreement (Digital Brands Group, Inc.), Securities Purchase Agreement (Digital Brands Group, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Investor and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 26 contracts
Samples: Securities Purchase Agreement (XcelMobility Inc.), Note Purchase Agreement (Xumanii International Holdings Corp), Note Purchase Agreement (Echo Automotive, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to seek specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 26 contracts
Samples: Securities Purchase Agreement (Applied Dna Sciences Inc), Securities Purchase Agreement (Adverum Biotechnologies, Inc.), Securities Purchase Agreement (Annexon, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance of the obligations of the Company under the Transaction Documents. The parties Company and each of the Purchasers agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of its obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 25 contracts
Samples: Convertible Debenture Purchase Agreement (Eltrax Systems Inc), Securities Purchase Agreement (Macrochem Corp), Convertible Debenture Purchase Agreement (Premier Laser Systems Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents this Agreement and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 25 contracts
Samples: Securities Purchase Agreement (Cross Border Resources, Inc.), Securities Purchase Agreement (Aeolus Pharmaceuticals, Inc.), Note Purchase Agreement (Authentidate Holding Corp)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 24 contracts
Samples: Securities Purchase Agreement (V I Technologies Inc), Securities Purchase Agreement (Navarre Corp /Mn/), Securities Purchase Agreement (Navarre Corp /Mn/)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Investors and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 23 contracts
Samples: Securities Purchase and Registration Rights Agreement (AIT Therapeutics, Inc.), Note and Warrant Purchase Agreement (RiceBran Technologies), Purchase Agreement (GlassesOff Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 23 contracts
Samples: Securities Purchase Agreement (Medefile International, Inc.), Securities Purchase Agreement (Roo Group Inc), Securities Purchase Agreement (Zix Corp)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to seek specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 23 contracts
Samples: Securities Purchase Agreement (Allarity Therapeutics, Inc.), Securities Purchase Agreement (Celsion CORP), Securities Purchase Agreement (Park National Corp /Oh/)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will may be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation (other than in connection with any action for a temporary restraining order) the defense that a remedy at law would be adequate.
Appears in 21 contracts
Samples: Securities Purchase Agreement (Customers Bancorp, Inc.), Securities Purchase Agreement (Yadkin Valley Financial Corp), Securities Purchase Agreement (Firstsun Capital Bancorp)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Investor and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 20 contracts
Samples: Preferred Stock Purchase Agreement (MedClean Technologies, Inc.), Preferred Stock Purchase Agreement (Medis Technologies LTD), Preferred Stock Purchase Agreement (Purespectrum, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance of the obligations of the Company under the Transaction Documents. The parties Each of the Company and the Purchasers agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of its obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 20 contracts
Samples: Convertible Preferred Stock Purchase Agreement (Intelidata Technologies Corp), Securities Purchase Agreement (Fidelity Holdings Inc), Securities Purchase Agreement (Thrustmaster Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert the defense that a remedy at law would be adequate in any Action for specific performance of any such obligation the defense that a remedy at law would be adequateobligation.
Appears in 19 contracts
Samples: Securities Purchase Agreement (C-Bond Systems, Inc), Securities Purchase Agreement (Adhera Therapeutics, Inc.), Securities Purchase Agreement (Live Current Media Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company Purchaser will be entitled to specific performance of the obligations of the Company under the Transaction Documents. The parties Each of the Company and the Purchaser agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of its obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 17 contracts
Samples: Stock Purchase Agreement (Compositech LTD), Convertible Preferred Stock Purchase Agreement (I Link Inc), Convertible Preferred Stock Purchase Agreement (Ecogen Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Investor and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 17 contracts
Samples: Securities Purchase Agreement (Victory Energy Corp), Stock Purchase Agreement (Neah Power Systems, Inc.), Common Share Purchase and Revenue Share Agreement (Resource Holdings, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Investor and the Company will be entitled to specific performance under the Transaction Documentsthis Subscription Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 17 contracts
Samples: Subscription Agreement (Environmental Power Corp), Subscription Agreement (Technoconcepts, Inc.), Subscription Agreement (NeoStem, Inc.)
Remedies. In addition to being entitled to exercise all rights and remedies provided herein or granted by lawLaw, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 16 contracts
Samples: Master Transaction Agreement (Emergent Capital, Inc.), Master Transaction Agreement (Emergent Capital, Inc.), Master Transaction Agreement (Emergent Capital, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 15 contracts
Samples: Securities Purchase Agreement (Petro River Oil Corp.), Note and Warrant Purchase Agreement (Brillian Corp), Securities Purchase Agreement (Clarient, Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action for specific performance of any such obligation the defense that a remedy at law would be adequateadequate and agree that it shall not be necessary to post a bond or other security.
Appears in 14 contracts
Samples: Securities Purchase Agreement (Biostage, Inc.), Securities Purchase Agreement (Biostage, Inc.), Securities Purchase Agreement (Biostage, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation (other than in connection with any action for a temporary restraining order) the defense that a remedy at law would be adequate.
Appears in 13 contracts
Samples: Stock Purchase Agreement (AtheroNova Inc.), Securities Purchase Agreement (Daystar Technologies Inc), Securities Purchase Agreement (Wheeler Real Estate Investment Trust, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Shareholder, Parent and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties Parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 12 contracts
Samples: Securities Exchange Agreement (World Surveillance Group Inc.), Share Exchange Agreement (NowNews Digital Media Technology Co. Ltd.), Share Exchange Agreement (NowNews Digital Media Technology Co. Ltd.)
Remedies. (a) In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser (severally and not jointly) and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 12 contracts
Samples: Securities Purchase Agreement (Unique Logistics International Inc), Securities Purchase Agreement (Fresh Vine Wine, Inc.), Securities Purchase Agreement (Capstone Technologies Group Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance of the obligations of the Company under the Transaction Documents. The parties hereto agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of its obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 12 contracts
Samples: Convertible Debenture Purchase Agreement (Calypte Biomedical Corp), Convertible Debenture Purchase Agreement (Composite Industries of America Inc), Convertible Debenture Purchase Agreement (Tidel Technologies Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under pursuant to the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 12 contracts
Samples: Securities Purchase Agreement (Cell Therapeutics Inc), Securities Purchase Agreement (Cell Therapeutics Inc), Securities Purchase Agreement (Cell Therapeutics Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents described and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 12 contracts
Samples: Securities Purchase Agreement (BioMETRX), Securities Purchase Agreement (Sequiam Corp), Securities Purchase Agreement (Ortec International Inc)
Remedies. In addition to being entitled to exercise all rights -------- provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will each be entitled to specific performance of the others obligations under this Agreement. In furtherance thereof, the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any such breach of obligations contained in the Transaction Documents and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 12 contracts
Samples: Securities Purchase Agreement (Applied Digital Solutions Inc), Securities Purchase Agreement (Applied Digital Solutions Inc), Securities Purchase Agreement (Applied Digital Solutions Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 11 contracts
Samples: Securities Purchase Agreement (Progressive Care Inc.), Securities Purchase Agreement (NextPlat Corp), Securities Purchase Agreement (Sigma Labs, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under this Agreement or the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 11 contracts
Samples: Securities Purchase Agreement (Cicero Inc), Securities Purchase Agreement (Cicero Inc), Securities Purchase Agreement (Cicero Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Shareholders, the Parent and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties Parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 11 contracts
Samples: Share Exchange Agreement (SMSA El Paso II Acquisition Corp), Share Exchange Agreement (Smsa Ballinger Acquisition Corp), Share Exchange Agreement (BTHC X Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Investors and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 10 contracts
Samples: Securities Purchase Agreement (FriendFinder Networks Inc.), Common Stock Purchase Agreement (Age Reversal, Inc.), Securities Purchase Agreement (FriendFinder Networks Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Investor and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 10 contracts
Samples: Securities Purchase Agreement (China Broadband Inc), Purchase Agreement (Intercloud Systems, Inc.), Securities Purchase Agreement (You on Demand Holdings, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, damages each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 10 contracts
Samples: Securities Purchase Agreement (American Basketball Association, Inc.), Securities Purchase Agreement (Lighting Science Group Corp), Securities Purchase Agreement (Siga Technologies Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 9 contracts
Samples: Securities Purchase Agreement (Wave Systems Corp), Share and Warrant Purchase Agreement (Radcom LTD), Stock Purchase Agreement (International Western Petroleum, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents this Agreement and hereby agree to waive and not to assert in any Action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 9 contracts
Samples: Securities Purchase Agreement (Akero Therapeutics, Inc.), Securities Purchase Agreement (Trillium Therapeutics Inc.), Securities Purchase Agreement (Cardiff Oncology, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation (other than in connection with any action for a temporary restraining order) the defense that a remedy at law would be adequate.
Appears in 9 contracts
Samples: Securities Purchase Agreement (Clearant Inc), Stock Purchase Agreement (Clearant Inc), Securities Purchase Agreement (Neomagic Corp)
Remedies. In addition to being entitled to exercise all rights -------- provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 9 contracts
Samples: Securities Purchase Agreement (Cytogen Corp), Secured Convertible Debenture Purchase Agreement (Achievement Tech Holdings Inc /Id/), Securities Purchase Agreement (Elinear Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents this Agreement and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 9 contracts
Samples: Securities Purchase Agreement (ChromaDex Corp.), Registration Rights Agreement (Seattle Genetics Inc /Wa), Registration Rights Agreement (Immunomedics Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 9 contracts
Samples: Securities Purchase Agreement (Lifevantage Corp), Securities Purchase Agreement (Mitek Systems Inc), Securities Purchase Agreement (NTN Buzztime Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Members, Parent and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties Parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 9 contracts
Samples: Securities Exchange Agreement (California Gold Corp.), Securities Exchange Agreement (Bitcoin Shop Inc.), Unit Exchange Agreement (ComHear, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 8 contracts
Samples: Securities Purchase Agreement (SGOCO Group, Ltd.), Securities Purchase Agreement (Document Security Systems Inc), Securities Purchase Agreement (TWO RIVERS WATER & FARMING Co)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Document Security Systems Inc), Securities Purchase Agreement (Lucas Energy, Inc.), Securities Purchase Agreement (Document Security Systems Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Buyer and the Company will be entitled to specific performance under the Transaction DocumentsAgreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 8 contracts
Samples: Securities Purchase Agreement (First Look Studios Inc), Securities Purchase Agreement (Cromwell Uranium Corp.), Securities Purchase Agreement (Xinhua China LTD)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action Proceeding for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Ur-Energy Inc), Note Purchase Agreement (Metro One Telecommunications Inc), Securities Purchase Agreement (Quest Resource Holding Corp)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 8 contracts
Samples: Securities Purchase Agreement (Cti Group Holdings Inc), Stock Purchase Agreement (Oncogenex Pharmaceuticals, Inc.), Securities Purchase Agreement (Cti Group Holdings Inc)
Remedies. In addition to being entitled to exercise -------- all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will each be entitled to specific performance of the others obligations under this Agreement. In furtherance thereof, the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any such breach of obligations contained in the Transaction Documents and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Applied Digital Solutions Inc), Securities Purchase Agreement (Applied Digital Solutions Inc), Securities Purchase Agreement (Applied Digital Solutions Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents this Agreement and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 7 contracts
Samples: Stock Purchase Agreement (Agenus Inc), Stock Purchase Agreement (Syros Pharmaceuticals, Inc.), Stock Purchase Agreement (Incyte Corp)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Holders and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Exchange Agreement (authID Inc.), Securities Purchase Agreement (Giga Tronics Inc), Securities Exchange Agreement (Activecare, Inc.)
Remedies. (a) In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Comstock Mining Inc.), Securities Purchase Agreement (Revolutionary Concepts Inc), Securities Purchase Agreement (Comstock Mining Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents this Agreement and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Royale Energy Inc), Securities Purchase Agreement (Authentidate Holding Corp), Securities Purchase Agreement (Authentidate Holding Corp)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Securities Purchase Agreement (NuGene International, Inc.), Securities Purchase Agreement (Rimrock Gold Corp.), Securities Purchase Agreement (International Stem Cell CORP)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance of each other's obligations under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Convertible Preferred Stock and Common Stock Warrant Purchase Agreement (Sysview Technology, Inc.), Registration Rights Agreement (Seranova Inc), Convertible Preferred Stock Purchase Agreement (E Digital Corp)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damagesherein, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Antigenics Inc /De/), Securities Purchase Agreement (Antigenics Inc /De/), Securities Purchase Agreement (Armen Garo H)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Buyer and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate).
Appears in 6 contracts
Samples: Securities Purchase Agreement (Cur Media, Inc.), Securities Purchase Agreement (PureBase Corp), Securities Purchase Agreement (PureBase Corp)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Wilsons the Leather Experts Inc), Securities Purchase Agreement (Marathon Fund L P V), Securities Purchase Agreement (Rexahn Pharmaceuticals, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Subscriber and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents this Agreement and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Membership Interest Purchase Agreement (Biohitech Global, Inc.), Subscription Agreement (Montalvo Spirits, Inc.), Subscription Agreement (TeleHealthCare, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Convertible Note Purchase Agreement (Data443 Risk Mitigation, Inc.), Convertible Note Purchase Agreement (Endexx Corp), Convertible Note Purchase Agreement (Data443 Risk Mitigation, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Malachite Innovations, Inc.), Securities Purchase Agreement (Malachite Innovations, Inc.), Securities Purchase Agreement (Malachite Innovations, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Securities Purchase Agreement (New Age Beverages Corp), Securities Purchase Agreement (IWEB, Inc.), Securities Purchase Agreement (Electronic Cigarettes International Group, Ltd.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company Amicus will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Amicus Therapeutics, Inc.), Note and Warrant Purchase Agreement (Amicus Therapeutics Inc), Securities Purchase Agreement (Amicus Therapeutics, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company Purchaser will be entitled to specific performance under the Transaction Purchase Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Common Stock and Warrant Purchase Agreement (Ads Media Group Inc), Common Stock and Warrant Purchase Agreement (Ads Media Group Inc), Common Stock and Warrant Purchase Agreement (Atc Healthcare Inc /De/)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties hereto agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Securities Purchase Agreement (SANUWAVE Health, Inc.), Securities Purchase Agreement (SANUWAVE Health, Inc.), Securities Purchase Agreement (SANUWAVE Health, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Securities Purchase Agreement (International Stem Cell CORP), Securities Purchase Agreement (International Stem Cell CORP), Securities Purchase Agreement (International Stem Cell CORP)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Buyer and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Ambient Water Corp), Securities Purchase Agreement (Ambient Water Corp), Securities Purchase Agreement (Ambient Water Corp)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents this Agreement and hereby agree to waive and not to assert in any Action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Ideanomics, Inc.), Securities Purchase Agreement (Vaxart, Inc.), Securities Purchase Agreement (Ideanomics, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation (other than in connection with any action for a temporary restraining order) the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Securities Purchase Agreement (RHO Ventures VI LP), Securities Purchase Agreement (Root9B Technologies, Inc.), Securities Purchase Agreement (Root9B Technologies, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will shall be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Biotime Inc), Securities Purchase Agreement (OncoCyte Corp), Securities Purchase Agreement (Biotime Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may would not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Securities Purchase Agreement (NXT-Id, Inc.), Common Stock Purchase Agreement (EVINE Live Inc.), Securities Purchase Agreement (Nephros Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Subscribers and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Subscription Agreement (Healthcare Providers Direct Inc.), Subscription Agreement (National Investment Managers Inc.), Subscription Agreement (Healthcare Providers Direct Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Purchase and Exchange Agreement (TRC Companies Inc /De/), Securities Purchase Agreement (NextCoal International, Inc.), Common Stock and Convertible Debenture (Manitex International, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Quepasa Corp), Securities Purchase Agreement (Quepasa Corp), Securities Purchase Agreement (Ocz Technology Group Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Investors and the Company will be entitled to specific performance under the Transaction Documents. The parties hereto agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Data443 Risk Mitigation, Inc.), Securities Purchase Agreement (Crown Electrokinetics Corp.), Securities Purchase Agreement (Real Goods Solar, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Holders and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Ustelematics Inc), Registration Rights Agreement (Interactive Systems Worldwide Inc /De), Registration Rights Agreement (Interactive Systems Worldwide Inc /De)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction DocumentsAgreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Viseon Inc), Securities Purchase Agreement (Viseon Inc), Securities Purchase Agreement (Viseon Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Investor and the Company will be entitled to specific performance under the Transaction Documentsthis Agreement. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Subscription Agreement (LIFE Power & Fuels LLC), Unit Purchase Agreement (Maz Maria Camila), Subscription Agreement (LIFE Power & Fuels LLC)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Investor and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in under the Transaction Documents and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Preferred Stock Purchase Agreement (Advaxis, Inc.), Securities Purchase Agreement (Pet Airways Inc.), Securities Purchase Agreement (Daystar Technologies Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the each Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Convertible Note Purchase Agreement (Notis Global, Inc.), Convertible Note Purchase Agreement (Notis Global, Inc.), Convertible Note Purchase Agreement (Notis Global, Inc.)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance of the obligations of the Seller under the Transaction Documents. The parties hereto agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of its obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Greenhold Group Inc), Stock Purchase Agreement (Greenhold Group Inc), Stock Purchase Agreement (Greenhold Group Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers and the Company will be entitled to specific performance of the obligations of the Company under the Transaction Documents. The parties Each of the Company and the Purchasers (severally and not jointly) agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of its obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Iat Multimedia Inc), Convertible Debenture Purchase Agreement (Possis Medical Inc), Convertible Preferred Stock Purchase Agreement (Usci Inc)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Buyers and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Common Stock Purchase Agreement (Patient Safety Technologies, Inc), Convertible Preferred Stock Purchase Agreement (Patient Safety Technologies, Inc), Common Stock Purchase Agreement (Kinderhook Partners, Lp)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained described in the Transaction Documents foregoing sentence and hereby agree agrees to waive and not to assert in any Action action for specific performance of any such obligation (other than in connection with any action for a temporary restraining order) the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Purchase Agreement (Comprehensive Care Corp), Securities Purchase Agreement (HydroGen CORP), Purchase Agreement (Comprehensive Care Corp)
Remedies. In addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, each of the Purchasers Purchaser and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may would not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any Action action for specific performance of any such obligation the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Securities Purchase Agreement (SANUWAVE Health, Inc.), Securities Purchase Agreement (SANUWAVE Health, Inc.), Securities Purchase Agreement (SANUWAVE Health, Inc.)
