Remedies. In the event of a breach by the Company or by a Holder, of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 1209 contracts
Samples: Registration Rights Agreement (Chembio Diagnostics, Inc.), Registration Rights Agreement (Intersearch Group Inc), Registration Rights Agreement (Tripos Inc)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Each of the Company and each Holder agree agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 1029 contracts
Samples: Registration Rights Agreement (Oncocyte Corp), Registration Rights Agreement (Mangoceuticals, Inc.), Registration Rights Agreement (Mangoceuticals, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 303 contracts
Samples: Registration Rights Agreement (Genspera Inc), Registration Rights Agreement (Enova Systems Inc), Registration Rights Agreement (Medbox, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 284 contracts
Samples: Registration Rights Agreement (Emcore Corp), Registration Rights Agreement (Mri Interventions, Inc.), Registration Rights Agreement (Endocyte Inc)
Remedies. In the event of a breach by the Company or by a Holder, of any of their obligations under this Agreement, each such Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 100 contracts
Samples: Registration Rights Agreement (Southern Sauce Company, Inc.), Registration Rights Agreement (OptimizeRx Corp), Registration Rights Agreement (Health Sciences Group Inc)
Remedies. In the event of a breach by the Company or by a Holder, of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 90 contracts
Samples: Registration Rights Agreement (Hartville Group Inc), Registration Rights Agreement (Lev Pharmaceuticals Inc), Registration Rights Agreement (Certified Diabetic Services Inc)
Remedies. In the event of a breach by the Company or by a Holder, of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees agree that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 55 contracts
Samples: Stockholders’ Agreement (ViewRay, Inc.), Registration Rights Agreement (Telecommunication Systems Inc /Fa/), Registration Rights Agreement (Raser Technologies Inc)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses Losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 32 contracts
Samples: Registration Rights Agreement (Titan Environmental Solutions Inc.), Registration Rights Agreement (Usa Equities Corp.), Registration Rights Agreement (Mitesco, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, the Investor of any of their respective obligations under this Agreement, each Holder the Investor or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Each of the Company and each Holder agree the Investor agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 28 contracts
Samples: Registration Rights Agreement (HydroPhi Technologies Group, Inc.), Registration Rights Agreement (Freeseas Inc.), Registration Rights Agreement (U.S. Stem Cell, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their obligations under this Agreement, each such Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Each of the Company and each Holder agree agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 22 contracts
Samples: Registration Rights Agreement (China Dredging Group Co., Ltd.), Registration Rights Agreement (Youngevity International, Inc.), Registration Rights Agreement (Remediation Services, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, -------- of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 19 contracts
Samples: Registration Rights Agreement (Fonix Corp), Convertible Debenture Purchase Agreement (Sonic Foundry Inc), Registration Rights Agreement (Amanda Co Inc)
Remedies. In the event of a breach by the Company or by a the Holder, of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 18 contracts
Samples: Registration Rights Agreement (Voyant International CORP), Registration Rights Agreement (POSITIVEID Corp), Registration Rights Agreement (Gei Global Energy Corp.)
Remedies. In the event of a breach by the Company or by a the Holder, of any of their obligations under this Agreement, each the Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each the Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 16 contracts
Samples: Registration Rights Agreement (New Dragon Asia Corp), Registration Rights Agreement (Organic to Go Food CORP), Registration Rights Agreement (Organic to Go Food CORP)
Remedies. In Subject to the limitations set forth elsewhere in this Agreement, in the event of a breach by the Company or by a Holder, Holder of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 16 contracts
Samples: Registration Rights Agreement (Transgenomic Inc), Registration Rights Agreement (Corindus Vascular Robotics, Inc.), Registration Rights Agreement (NeuroBo Pharmaceuticals, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, of any of their its obligations under this Agreement, each Holder or the Company, as the case may beHolder, in addition to being entitled to exercise all rights provided herein or, in the case of FBR, in the Purchase/Placement Agreement, or granted by law and under this Agreementlaw, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Subject to Section 6, the Company and each Holder agree agrees that monetary damages would not provide be adequate compensation for any losses loss incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees agree that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 15 contracts
Samples: Registration Rights Agreement (Horsehead Holding Corp), Registration Rights Agreement (CastlePoint Holdings, Ltd.), Registration Rights Agreement (CNX Gas CORP)
Remedies. In the event of a breach by the Company or by a Holder, of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 14 contracts
Samples: Registration Rights Agreement (Ugods, Inc.), Registration Rights Agreement (Activeworlds Corp), Registration Rights Agreement (Full House Resorts Inc)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Each of the Company and each Holder agree agrees that monetary damages would may not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 13 contracts
Samples: Registration Rights Agreement (Cellectar Biosciences, Inc.), Registration Rights Agreement (Smith Micro Software Inc), Registration Rights Agreement (Cellectar Biosciences, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to seek specific performance of its rights under this Agreement, without the requirement of posting a bond. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 12 contracts
Samples: Registration Rights Agreement (Selecta Biosciences Inc), Registration Rights Agreement (Dianthus Therapeutics, Inc. /DE/), Registration Rights Agreement (Traws Pharma, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this AgreementAgreement (without the obligation to post a bond or any other type of security). The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 12 contracts
Samples: Registration Rights Agreement (InsPro Technologies Corp), Registration Rights Agreement (InsPro Technologies Corp), Registration Rights Agreement (InsPro Technologies Corp)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, Agreement will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 10 contracts
Samples: Registration Rights Agreement (Sysorex Global Holdings Corp.), Registration Rights Agreement (SignPath Pharma, Inc.), Registration Rights Agreement (Sysorex Global Holdings Corp.)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate. Notwithstanding the foregoing, the sole and exclusive remedy for a Registration Event shall be as set forth in Section 3(d).
Appears in 10 contracts
Samples: Registration Rights Agreement (Boldface Group, Inc.), Registration Rights Agreement (Rackwise, Inc.), Registration Rights Agreement (Boldface Group, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, the Holder of any of their respective obligations under this Agreement, each the Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Each of the Company and each the Holder agree agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 10 contracts
Samples: Registration Rights Agreement (GeoVax Labs, Inc.), Registration Rights Agreement (SRAX, Inc.), Registration Rights Agreement (Virax Biolabs Group LTD)
Remedies. In the event of a breach by the Company or by a -------- Holder, of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 10 contracts
Samples: Registration Rights Agreement (Internet Law Library Inc), Registration Rights Agreement (Elinear Inc), Registration Rights Agreement (Myriad Genetics Inc)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees agree that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 10 contracts
Samples: Securities Purchase Agreement (Achaogen Inc), Registration Rights Agreement (Sorrento Therapeutics, Inc.), Registration Rights Agreement (Achaogen Inc)
Remedies. In the event of a breach by the Company or by a Holder, of any of their obligations under this Agreement, each non-breaching Holder or the and Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 9 contracts
Samples: Registration Rights Agreement (Exicure, Inc.), Registration Rights Agreement (Ziopharm Oncology Inc), Registration Rights Agreement (Kura Oncology, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Each of the Company and each Holder agree agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 9 contracts
Samples: Registration Rights Agreement (SIMPLICITY ESPORTS & GAMING Co), Registration Rights Agreement (SIMPLICITY ESPORTS & GAMING Co), Registration Rights Agreement (SIMPLICITY ESPORTS & GAMING Co)
Remedies. In the event of a breach by the Company or by a Holder, -------- Holder of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 9 contracts
Samples: Registration Rights Agreement (Level 8 Systems Inc), Registration Rights Agreement (DigitalFX International Inc), Registration Rights Agreement (America Online Latin America Inc)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees agree that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate. In addition, the remedies provided herein are cumulative and not exclusive of any remedies provided by law.
Appears in 8 contracts
Samples: Registration Rights Agreement (Summit Aviation Partners LLC), Registration Rights Agreement (Summit Aviation Partners LLC), Registration Rights Agreement (Fly Leasing LTD)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to seek specific performance of its rights under this Agreement. The Each of the Company and each Holder agree agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action Action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 8 contracts
Samples: Registration Rights Agreement (Vaccinex, Inc.), Registration Rights Agreement (Vaccinex, Inc.), Registration Rights Agreement (Vaccinex, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, of any of their obligations under this Agreement, each other Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 7 contracts
Samples: Registration Rights Agreement (Callisto Pharmaceuticals Inc), Registration Rights Agreement (Xenomics Inc), Registration Rights Agreement (Callisto Pharmaceuticals Inc)
Remedies. In the event of a breach by the Company or by a Holder, of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees agree that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 7 contracts
Samples: Registration Rights Agreement (Deep Medicine Acquisition Corp.), Registration Rights Agreement (Netflix Inc), Registration Rights Agreement (Cellular Biomedicine Group, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, Holder -------- of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Satcon Registration Rights Agreement (Satcon Technology Corp), Registration Rights Agreement (Orthovita Inc), Mti Registration Rights Agreement (Satcon Technology Corp)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Registration Rights Agreement (Intellinetics, Inc.), Registration Rights Agreement (Pegasi Energy Resources Corporation.), Registration Rights Agreement (Pegasi Energy Resources Corporation.)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreementlaw, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide be adequate compensation for any losses loss incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Registration Rights Agreement (Offshore Tool & Energy Corp), Registration Rights Agreement (Lomak Petroleum Inc), Registration Rights Agreement (Hybridon Inc)
Remedies. In the event of a breach by the Company or by a Holder, of any of their its obligations under this AgreementAgreement (other than an Event), each Holder or the Company, as the case may beHolder, in addition to being entitled to exercise all rights provided herein, in the Indenture or, in the case of the Initial Purchaser, in the Purchase Agreement, or granted by law and under this Agreementlaw, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree agrees that monetary damages would not provide be adequate compensation for any losses loss incurred by reason of a such as breach by it of any of the provisions of this Agreement Company and hereby further agrees that, in the event of any action for specific performance in respect of such breacha breach by the Company, it the Company shall waive the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Registration Rights Agreement (Leucadia National Corp), Registration Rights Agreement (Leucadia National Corp), Registration Rights Agreement (Leucadia National Corp)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to seek specific performance of its rights under this Agreement. The Each of the Company and each Holder agree agrees that monetary damages would may not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Registration Rights Agreement (Harpoon Therapeutics, Inc.), Registration Rights Agreement (Harpoon Therapeutics, Inc.), Registration Rights Agreement (NovaBay Pharmaceuticals, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Each of the Company and each Holder agree agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate..
Appears in 6 contracts
Samples: Registration Rights Agreement (Parkervision Inc), Registration Rights Agreement (Parkervision Inc), Registration Rights Agreement (Parkervision Inc)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their respective obligations under this Agreement, each the Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Each of the Company and each Holder agree agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Registration Rights Agreement (NXT-Id, Inc.), Registration Rights Agreement (Endexx Corp), Registration Rights Agreement (Lipidviro Tech Inc)
Remedies. In the event of a breach by the Company or by a Holder, of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Registration Rights Agreement (Fonix Corp), Registration Rights Agreement (Fonix Corp), Registration Rights Agreement (Patron Systems Inc)
Remedies. In the event of a breach by the Company or by a Holder, the Purchaser of any of their respective obligations under this Agreement, each Holder the Company or the CompanyPurchaser, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder the Purchaser acknowledge and agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it either of them of any of the provisions of this Agreement and each hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 6 contracts
Samples: Registration Rights Agreement (Strata Capital Corp), Registration Rights Agreement (Eyes on the Go, Inc.), Registration Rights Agreement (Kleangas Energy Technologies, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, the Holder of any of their its obligations under this Agreement, each the Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Each of the Company and each the Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Credit Agreement (ReShape Lifesciences Inc.), Credit Agreement (ReShape Lifesciences Inc.), Credit Agreement (Obalon Therapeutics Inc)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees agree that, in the event of any action for specific performance in respect of such breach, breach it shall waive the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Registration Rights Agreement (Healthaxis Inc), Registration Rights Agreement (Tak Sharad Kumar), Registration Rights Agreement (Healthaxis Inc)
Remedies. In the event of a breach by the Company or by a Holder, of any of their its obligations under this Agreement, each Holder or the Company, as the case may beof Registrable Securities, in addition to being entitled to exercise all rights provided herein, in the Indenture or, in the case of the Initial Purchasers, in the Purchase Agreement or granted by law and under this Agreementlaw, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree agrees that monetary damages would not provide be adequate compensation for any losses loss incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Registration Rights Agreement (Hermes Europe Railtel B V), Registration Rights Agreement (Tci Satellite Entertainment Inc), Registration Rights Agreement (Global Telesystems Group Inc)
Remedies. In Except as otherwise provided in Section 2.6 below, in the event of a breach by the Company or by a Holder, Holder of any of their obligations under this Agreement, each such Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The , and each of the Company and each Holder agree agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Registration Rights Agreement (SANUWAVE Health, Inc.), Registration Rights Agreement (SANUWAVE Health, Inc.), Registration Rights Agreement (SANUWAVE Health, Inc.)
Remedies. In the event of a breach by the Company or by a Holderthe Purchaser, of any of their obligations under this Agreement, each Holder the Purchaser or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder the Purchaser agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Purchase Agreement (Covad Communications Group Inc), Registration Rights Agreement (Earthlink Inc), Registration Rights Agreement (Covad Communications Group Inc)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would may not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Registration Rights Agreement (Imcor Pharmaceutical Co), Registration Rights Agreement (Bancorp 34, Inc.), Registration Rights Agreement (Imcor Pharmaceutical Co)
Remedies. In the event of a breach by the Company or by a Holder, the Holder of any of their obligations under this Agreement, each the Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and the Holder each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees each agree that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Registration Rights Agreement (CenterStaging Corp.), Registration Rights Agreement (Cytrx Corp), Registration Rights Agreement (Cytrx Corp)
Remedies. In the event of a breach by the Company or by a Holder, of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to seek specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Registration Rights Agreement (Hearx LTD), Registration Rights Agreement (Arthrocare Corp), Investor Rights Agreement (Transmeridian Exploration Inc)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to seek specific performance of its rights under this Agreement. The Each of the Company and each Holder agree agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Registration Rights Agreement (Vaccinex, Inc.), Registration Rights Agreement (Oramed Pharmaceuticals Inc.), Registration Rights Agreement (Cellular Biomedicine Group, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their its obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees agree that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 5 contracts
Samples: Registration Rights Agreement (Precision Biosciences Inc), Securities Purchase Agreement (Mereo Biopharma Group PLC), Registration Rights Agreement (Mereo Biopharma Group PLC)
Remedies. In the event of a breach by the Company or by a Holder, an Investor of any of their obligations under this Agreement, each Holder Investor or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder Investor agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Investor Rights Agreement (Charleston Basics Inc), Investor Rights Agreement (Sunesis Pharmaceuticals Inc), Securities Purchase Agreement (Sunesis Pharmaceuticals Inc)
Remedies. In the event of a breach by the Company Company, on one hand, or by a Holder, on the other hand, of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree each agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Registration Rights Agreement (WaferGen Bio-Systems, Inc.), Registration Rights Agreement (Neoview Holdings Inc.), Registration Rights Agreement (Forex365, Inc.)
Remedies. In the event of a breach by the Company or -------- by a Holder, of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Registration Rights Agreement (Zoltek Companies Inc), Registration Rights Agreement (Zoltek Companies Inc), Registration Rights Agreement (Storage Computer Corp)
Remedies. In the event of a breach by the Company or by a Holder, of any of their its obligations under this Agreement, each Holder or the Company, as the case may beHolder, in addition to being entitled to exercise all rights provided herein or granted by law and under this Agreementlaw, including the rights granted in Section 2 hereof and recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Subject to Section 7, the Company and each Holder agree agrees that monetary damages would not provide be adequate compensation for any losses loss incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Continuing Investor Registration Rights Agreement (NetSTREIT Corp.), Continuing Investor Registration Rights Agreement (NetSTREIT Corp.), Continuing Investor Registration Rights Agreement (NetSTREIT Corp.)
Remedies. In the event of a breach by the Company or by a Holder, the Buyer of any of their respective obligations under this Agreement, each Holder the Buyer or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Each of the Company and each Holder agree the Buyer agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Registration Rights Agreement (Ascent Solar Technologies, Inc.), Registration Rights Agreement (Premier Biomedical Inc), Registration Rights Agreement (Westwater Resources, Inc.)
Remedies. In the event of a breach by the Company or by a the Holder, of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Registration Rights Agreement (VelaTel Global Communications, Inc.), Registration Rights Agreement (Digital Development Group Corp), Registration Rights Agreement (Cereplast Inc)
Remedies. In the event of a breach by the Company or by a Holder, Investor of any of their respective obligations under this Agreement, each Holder Investor or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Each of the Company and each Holder agree Investor agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Registration Rights Agreement (SolarWindow Technologies, Inc.), Registration Rights Agreement (New Energy Technologies, Inc.), Registration Rights Agreement (Janus Resources, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damagesdam- ages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Registration Rights Agreement (JNC Opportunity Fund LTD), Registration Rights Agreement (I Link Inc), Registration Rights Agreement (JNC Opportunity Fund LTD)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreementlaw, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide be adequate compensation for any losses loss incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Warrant Agreement (Wellsford Real Properties Inc), Warrant Agreement (Whwel Real Estate Lp), Warrant Agreement (Whwel Real Estate Lp)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to seek to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Renasant Corp), Registration Rights Agreement (SCBT Financial Corp), Registration Rights Agreement (Firstsun Capital Bancorp)
Remedies. In the event of a breach by the Company or by a Holderholder of Eligible Securities, of any of their obligations under this Agreement, each Holder holder of Eligible Securities or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreementlaw, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder holder of Eligible Securities agree that monetary damages would not provide be adequate compensation for any losses loss incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Registration Rights Agreement (Whwel Real Estate Lp), Warrant Agreement (Wellsford Real Properties Inc), Warrant Agreement (Whwel Real Estate Lp)
Remedies. In the event of a breach by the Company or by a Holder, of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation com pensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Registration Rights Agreement (Cayenne Software Inc), Registration Rights Agreement (Ecogen Inc), Registration Rights Agreement (Venus Exploration Inc)
Remedies. In the event of a breach by the Company or by a Holderthe Buyer, of any of their respective obligations under this Agreement, each Holder Buyer or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder Buyer agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Registration Rights Agreement (Ambient Water Corp), Registration Rights Agreement (Ambient Water Corp), Registration Rights Agreement (Ambient Water Corp)
Remedies. In the event of a breach by the Company or by a Holder, of -------- any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Registration Rights Agreement (Careside Inc), Registration Rights Agreement (Mphase Technologies Inc), Registration Rights Agreement (American Technology Corp /De/)
Remedies. In the event of a breach by the Company or by a Holder, of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Registration Rights Agreement (Pacific Gold Corp), Securities Purchase Agreement (Blue Sky Media Corp), Registration Rights Agreement (Blue Sky Media Corp)
Remedies. In the event of a breach by the Company or by a Holder, the Holders of any of their obligations under this Agreement, each such Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder the Holders agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees agree that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate. The remedies provided herein are cumulative and not exclusive of any remedies provided by law.
Appears in 4 contracts
Samples: Registration Rights Agreement (Orgenesis Inc.), Registration Rights Agreement (Orgenesis Inc.), Securities Purchase Agreement (Orgenesis Inc.)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Each of the Company and each Holder agree Xxxxxx agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Registration Rights Agreement (Zoomcar Holdings, Inc.), Securities Purchase Agreement (Next.e.GO N.V.), Registration Rights Agreement (Zoomcar Holdings, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, of any of their its obligations under this Agreement, each Holder or the Company, as the case may beHolder, in addition to being entitled to exercise all rights provided herein or, in the case of FBR, in the Placement Agreement, or granted by law and under this Agreementlaw, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Subject to Section 6, the Company and each Holder agree agrees that monetary damages would not provide be adequate compensation for any losses loss incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Registration Rights Agreement (Aventine Renewable Energy Holdings Inc), Registration Rights Agreement (Rosetta Resources Inc.), Registration Rights Agreement (Ellora Energy Inc)
Remedies. In the event of a breach by the Company or by a Holder, the Purchasers of any of their respective obligations under this Agreement, each Holder the Company or the CompanyPurchasers, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder the Purchasers acknowledge and agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it either of them of any of the provisions of this Agreement and each hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 4 contracts
Samples: Registration Rights Agreement (Eastman Kodak Co), Registration Rights Agreement (Eastman Kodak Co), Registration Rights Agreement (Eastman Kodak Co)
Remedies. In the event of a breach by the Company Company or by a Holder, of any of their obligations obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damagesdamages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate. The remedies provided herein are cumulative and not exclusive of any other remedies provided by law.
Appears in 4 contracts
Samples: Registration Rights Agreement (Power of the Dream Ventures Inc), Subscription Agreement (Mogul Energy International, Inc.), Registration Rights Agreement (Octillion Corp)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their obligations under this Agreement, each non-breaching Holder or the and Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (Assure Holdings Corp.), Registration Rights Agreement (Assure Holdings Corp.), Registration Rights Agreement (PLx Pharma Inc.)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their respective obligations under this Agreement, each the Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Each of the Company and each the Holder agree agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Investor Rights Agreement (Celularity Inc), Investor Rights Agreement (Celularity Inc), Registration Rights Agreement (NXT-Id, Inc.)
Remedies. In the event of a breach by the Company or by a HolderHolder of Registrable Securities, of any of their obligations under this Agreement, each Holder of Registrable Securities or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreementlaw, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder of Registrable Securities agree that monetary damages would not provide be adequate compensation for any losses loss incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Rights Agreement (Motorola Inc), Rights Agreement (Netspeak Corp), Rights Agreement (Motorola Inc)
Remedies. In the event of a breach by the Company or by a Holder, of any of their its obligations under this Agreement, each Holder or the Company, as the case may beHolder, in addition to being entitled to exercise all rights provided herein or, in the case of FBR, in the Purchase/Placement Agreement, or granted by law and under this Agreement, including recovery of damageslaw, will be entitled to specific performance of its rights under this Agreement. The Subject to Section 7, the Company and each Holder agree agrees that monetary damages would not provide be adequate compensation for any losses loss incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (Independence Contract Drilling, Inc.), Registration Rights Agreement (Independence Contract Drilling, Inc.), Transition Services Agreement (Independence Contract Drilling, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would may not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (Elite Pharmaceuticals Inc /De/), Registration Rights Agreement (Elite Pharmaceuticals Inc /De/), Registration Rights Agreement (Elite Pharmaceuticals Inc /De/)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to seek specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would may not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (Catabasis Pharmaceuticals Inc), Registration Rights Agreement (Catabasis Pharmaceuticals Inc), Registration Rights Agreement (Aileron Therapeutics Inc)
Remedies. In the event of a breach by the Company Company, or by a Holderholder of Transfer Restricted Securities, of any of their obligations under this Agreement, each Holder holder of Transfer Restricted Securities or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreementlaw, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder holder of Transfer Restricted Securities agree that monetary damages would not provide be adequate compensation for any losses loss incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (Antec Corp), Registration Rights Agreement (Occusystems Inc), Registration Rights Agreement (Occusystems Inc)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their its respective obligations under this Agreement, each Holder or the Company, as the case may benon-breaching party, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Each of the Company and each Holder agree the Holders agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (OccuLogix, Inc.), Registration Rights Agreement (OccuLogix, Inc.), Registration Rights Agreement (OccuLogix, Inc.)
Remedies. In the event of a breach by the Company Company, or by a Holder, of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreementlaw, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide be adequate compensation for any losses loss incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: And Registration Rights Agreement (Transamerican Refining Corp), Registration Rights Agreement (Transamerican Refining Corp), American Restaurant Group Inc
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will will, to the extent permitted by applicable law, be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (NewStar Financial, Inc.), Registration Rights Agreement (Corsair Capital LLC), Registration Rights Agreement (Capital Z Partners LTD)
Remedies. In the event of a breach by the Company or by a Holder, an Stockholder of any of their respective obligations under this Agreement, each Holder Stockholder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Company and each Holder Stockholder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (Great American Group, Inc.), Registration Rights Agreement (Great American Group, Inc.), Registration Rights Agreement (Great American Group, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, of any of their its obligations under this Agreement, each Holder or the Company, as the case may beof Registrable Securities, in addition to being entitled to exercise all rights provided herein, in the Indenture or, in the case of the Initial Purchasers, in the Purchase Agreement or granted by law and under this Agreementlaw, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree agrees that monetary damages would not provide be adequate compensation for any losses loss incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees agree that, in the event of any action for specific performance in respect of such breach, it the Company shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (Aes Corporation), Registration Rights Agreement (Aep Industries Inc), Registration Rights Agreement (Navistar Financial Corp)
Remedies. In the event of a breach by the Company or by a HolderPurchaser, of any of their obligations under this Agreement, each Holder Purchaser or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder Purchaser agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (Communication Intelligence Corp), Registration Rights Agreement (Communication Intelligence Corp), Registration Rights Agreement (Communication Intelligence Corp)
Remedies. In the event of a actual or potential breach by the Company or by a Holder, any Holder of any of their its obligations under this Agreement, each Holder or the Company, as the case may beapplicable, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this AgreementAgreement without the need to post any bond. The Company and each Holder agree agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (Loyalty Ventures Inc.), Form of Registration Rights Agreement (Loyalty Ventures Inc.), Registration Rights Agreement (Alliance Data Systems Corp)
Remedies. In the event of a breach by the Company or by a Holder, of any of their its obligations under this Agreement, each Holder or the Company, as the case may beHolder, in addition to being entitled to exercise all rights provided herein, in the Indenture or, in the case of the Purchasers, in the Purchase Agreement, or granted by law and under this Agreementlaw, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree agrees that monetary damages would not provide be adequate compensation for any losses loss incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (Jordan Telecommunication Products Inc), Jordan Industries Inc, Archibald Candy Corp
Remedies. In the event of a breach by the Company or by a Holder, of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.. Registration Rights Agreement
Appears in 3 contracts
Samples: Registration Rights Agreement (Interlink Global Corp), Registration Rights Agreement (Interlink Global Corp), Registration Rights Agreement (Tanisys Technology Inc)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.. (b)
Appears in 3 contracts
Samples: Registration Rights Agreement (NewtekOne, Inc.), Registration Rights Agreement (DLH Holdings Corp.), 2 Registration Rights Agreement (DLH Holdings Corp.)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees agree that, in the event of any action for specific performance in respect of such breach, (i) it shall waive the defense that a remedy at law would be adequate, and (ii) no Holder will be required to post a bond or other security to maintain such action.
Appears in 3 contracts
Samples: Registration Rights Agreement (Cyalume Technologies Holdings, Inc.), Registration Rights Agreement (Cyalume Technologies Holdings, Inc.), Registration Rights Agreement (Cyalume Technologies Holdings, Inc.)
Remedies. In the event of a breach by the Company or by a HolderInvestor, of any of their obligations under this Agreement, each Holder Investor or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder Investor agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (Coconnect Inc), Registration Rights Agreement (Coconnect Inc), Registration Rights Agreement (Calypte Biomedical Corp)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Each of the Company and each Holder agree agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.. (b)
Appears in 3 contracts
Samples: Execution Version Registration Rights Agreement (Biolife Solutions Inc), Securities Purchase Agreement (Digital Media Solutions, Inc.), 1 Registration Rights Agreement (Digital Media Solutions, Inc.)
Remedies. In the event of a breach by the Company Company, on the one hand, or by a Holder, on the other hand, of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (Langer Inc), Registration Rights Agreement (Langer Inc), Registration Rights Agreement (Langer Inc)
Remedies. In the event of a breach by the Company or by a Holder, Issuer of any of their its obligations under this Agreement, each Holder or the Company, as the case may beof Registrable Units, in addition to being entitled to exercise all rights provided herein, or in the Purchase Agreement, or granted by law and under this Agreementlaw, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree Issuer agrees that monetary damages would not provide be adequate compensation for any losses loss incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (Ferrellgas Partners Finance Corp), Registration Rights Agreement (Ferrellgas Partners Finance Corp), Registration Rights Agreement (Ferrellgas Partners Finance Corp)
Remedies. In Except as otherwise provided in Section 3.6 below, in the event of a breach by the Company or by a Holder, Holder of any of their obligations under this Agreement, each such Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The , and each of the Company and each Holder agree agrees that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (SANUWAVE Health, Inc.), Registration Rights Agreement (SANUWAVE Health, Inc.), Registration Rights Agreement (SANUWAVE Health, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages alone would not provide adequate compensation for any losses Losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees agree that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (Gastar Exploration Inc.), Registration Rights Agreement (Avago Technologies LTD), Registration Rights Agreement (Avago Technologies LTD)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it them of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it they shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Voting Agreement (Wilsons the Leather Experts Inc), Registration Rights Agreement (Wilsons the Leather Experts Inc), Voting Agreement (Waller Joel N)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (Stronghold Digital Mining, Inc.), Registration Rights Agreement (Stronghold Digital Mining, Inc.), Exchange Agreement (Stronghold Digital Mining, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, the Holder of any of their obligations under this Agreement, each such Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each the Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees agree that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate. The remedies provided herein are cumulative and not exclusive of any remedies provided by law.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Clearsign Combustion Corp), Registration Rights Agreement (Clearsign Combustion Corp), Registration Rights Agreement (T2 Biosystems, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, Holder of any of their respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (China Clean Energy Inc), Registration Rights Agreement (Berkshire Bancorp Inc /De/), Stock Purchase Agreement (Berkshire Bancorp Inc /De/)
Remedies. In the event of a breach by the Company or by a Holder, the Holder of any of their respective obligations under this Agreement, each the Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. The Company and each the Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert or shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (SanSal Wellness Holdings, Inc.), Registration Rights Agreement (Veritas Farms, Inc.), Registration Rights Agreement (PeerLogix, Inc.)
Remedies. In the event of a breach by the Company or by a Holder, of any of their its respective obligations under this Agreement, each Holder or the Company, as the case may be, in addition to being entitled to exercise all rights granted by law and under this Agreement, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. The Company and each Holder agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by it of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, it shall waive the defense that a remedy at law would be adequate.
Appears in 3 contracts
Samples: Registration Rights Agreement (Escalon Medical Corp), Securities Purchase Agreement (Escalon Medical Corp), Registration Rights Agreement (Escalon Medical Corp)
