Common use of Remedies Clause in Contracts

Remedies. Each of the Company and the Guarantors hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the Company Issuers and the Guarantors hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the Company Issuer and the Guarantors hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the Company and the Guarantors hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors hereby agrees that monetary damages (including the liquidated damages contemplated hereby) would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors each hereby agrees agree that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors each hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors hereby agrees agree that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the Company Company, the Co-Issuer and the Guarantors hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the Company and the Guarantors hereby agrees agree that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors hereby agrees agree that monetary damages (including the liquidated damages contemplated hereby) would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors hereby agrees agree that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it them of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the Company and the Guarantors hereby agrees that that, except with respect to a Registration Default, monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors hereby agrees that monetary damages (including the liquidated damages contemplated hereby) would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the Company Issuers and the Guarantors hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the Company Co-Issuers and the Guarantors hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors Guarantor each hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors Guarantor hereby agrees agree that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it them of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Subsidiary Guarantors hereby agrees agree that monetary damages (including Additional Interest) would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors hereby agrees that monetary damages (including Liquidated Damages) would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the Company and the Guarantors hereby agrees that monetary damages would may not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each The Issuer and each of the Company and the Guarantors hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the Company Issuers, the Guarantors and the Guarantors Initial Purchasers hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each Except as otherwise provided in Section 4(a), each of the Company and the Guarantors hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors hereby agrees that monetary damages (including -------- Liquidated Damages) would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and each of the Guarantors hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the Company and the Note Guarantors hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors hereby agrees that monetary damages (including Liquidated Damages) would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the Company and the Guarantors any Guarantor hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the Company and the Guarantors Guarantor hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each The Issuer, each of the Company Guarantors and the Guarantors Initial Purchasers hereby agrees agree that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the any Guarantors hereby agrees agree that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree agrees to waive the defense in any action for specific performance that a remedy at law would be adequateinadequate.

Remedies. Each of the The Company and the Guarantors hereby agrees that monetary damages (including the Liquidated Damages contemplated hereby) would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement (other than with respect to Registration Defaults) and hereby agree agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors hereby agrees agree that monetary damages (including the additional interest contemplated hereby) would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the Company and the Subsidiary Guarantors hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors hereby agrees that monetary damages (including the liquidated damages contemplated thereby) would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors each hereby agrees that -------- monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors hereby agrees agree that monetary damages (including the additional amounts contemplated hereby) would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Subsidiary Guarantors hereby agrees agree that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it them of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each The Company and each of the Company and the Subsidiary Guarantors hereby agrees agree that monetary damages (including the liquidated damages contemplated hereby) would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors hereby agrees that monetary damages (including the liquidated damages contemplated hereby) would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree agrees to, and to cause any Guarantors to, waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the Initial Purchasers, the Company and the Guarantors hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors hereby agrees that monetary damages would not ----------------------- be adequate compensation for any loss incurred by reason of such a breach by it of the provisions of this Agreement and hereby agree agrees to waive the defense in any action for specific performance of such an obligation that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors hereby agrees Guarantor agree that monetary damages (including the liquidated damages contemplated hereby) would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors hereby agrees that monetary damages (including the liquidated damages contemplated hereby) would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree agrees to waive the defense in any action for specific performance that in which a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Subsidiary Guarantors hereby agrees agree that -------- monetary damages (including the liquidated damages contemplated hereby) would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors each hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors hereby agrees agree that monetary damages (including Additional Interest) would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors hereby agrees Holders agree that monetary damages (including Liquidated Damages) would not be adequate compensation for any loss incurred by reason of a breach by it either of them of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Subsidiary Guarantors hereby agrees agree that monetary damages (including the liquidated damages contemplated hereby) would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the Company and the Guarantors Guarantor hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of Except to the extent set forth in Section 4 above, the Company and the Guarantors each hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each The Company and each of the Company and the Guarantors hereby agrees agree that monetary -------- damages (including the liquidated damages contemplated hereby) would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors each hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it them of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors hereby agrees agree that monetary -------- damages (including the liquidated damages contemplated hereby) would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors each hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it the Company or any of the Guarantors of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors each hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate; provided, that the Liquidated Damages contemplated hereunder shall be the exclusive remedy for any breach of Section 3 or 4 of the Agreement.

Remedies. Each of the Company and the Guarantors Parent Guarantor hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors hereby agrees agree that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors each hereby agrees agree that -------- monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors hereby agrees agree that monetary damages (including the liquidated damages contemplated hereby) would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Registration Rights Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the Company and the Guarantors Joinder Parties hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors hereby agrees agree that monetary damages (including Additional Interest ) would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors hereby agrees agree that monetary damages (other than the liquidated damages contemplated hereby) would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance (other than in connection with a breach or alleged breach for which Liquidated Damages are otherwise provided) that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors Holdings each hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors hereby agrees agree that monetary damages (including the liquidated damages contemplated hereby) would not be adequate compensation for any loss incurred by reason of a breach by it the Company and the Guarantors of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors hereby agrees that monetary damages (including Additional Interest) would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the Company Company, SFHC and the Subsidiary Guarantors hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the Company and the Guarantors The Companies each hereby agrees agree that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors hereby agrees Bank agree that monetary damages (including Liquidated Damages) would not be adequate compensation for any loss incurred by reason of a breach by it either of them of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors hereby agrees Subsidiaries agree that monetary damages (including the liquidated damages contemplated hereby) would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the Company Company, the Guarantors and the Guarantors Pledgors hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the Company and the Guarantors hereby Partnership agrees that monetary damages (including the liquidated damages contemplated hereby) would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the Company and the Guarantors Transaction Entities hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company agrees, and shall cause the Guarantors hereby agrees to agree, that monetary damages (including the liquidated damages contemplated hereby) would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the Company and the Guarantors hereby Guarantor agrees that monetary damages (including Additional Interest) would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors hereby agrees that monetary damages (including Additional Interest contemplated hereby) would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors each hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate; provided that the Liquidated Damages contemplated in Section 5 hereof shall be the exclusive remedy for any breach of Section 3 and 4 hereof.

Remedies. Each of the Company Company, the Parent and the Subsidiary Guarantors hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the Company and the Guarantors Guarantor hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific spe- cific performance that a remedy at law would be adequate.. (b)

Remedies. Each of the Company The Companies and the Guarantors each hereby agrees agree that -------- monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors each hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate; provided, that the Additional Interest contemplated hereunder shall be the exclusive remedy for any breach of Section 3 or 4 of the Agreement.

Remedies. Each of the Company and the Guarantors The Companies hereby agrees agree that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each The Company and, upon execution and delivery of the Company and Joinder Agreement, each of the Guarantors hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each Subject to Section 4(a) hereof, each of the Company and the Guarantors hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the Company and, upon execution and delivery of a Counterpart pursuant to Section 12(e) hereof and consummation of the Merger, each of the Guarantors hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Subsidiary Guarantors hereby agrees agree that monetary damages (including Liquidated Damages) would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of To the extent permitted by law, the Company and the Guarantors hereby agrees Guarantor agree that monetary damages (including the liquidated damages contemplated hereby) would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors hereby agrees agree that monetary damages (including Liquidated Damages) would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the Company and the Subsidiary Guarantors hereby agrees agree that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the Company and the Guarantors each Note Guarantor hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the Company and the Guarantors hereby agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate; provided, however, that the Additional Interest contemplated hereunder shall be the exclusive remedy for any breach of Section 3 or 4 of the Agreement.

Remedies. Each of the The Company and the Guarantors hereby agrees agree that monetary damages (including the Special Interest contemplated hereby) would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors hereby agrees that monetary damages (including the additional interests contemplated hereby) would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agree agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors hereby agrees that monetary damages (including the Liquidated Damages contemplated hereby) would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement other than with respect to Registration Defaults and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Remedies. Each of the The Company and the Guarantors hereby agrees agree that monetary damages (including Additional Interest) would not be adequate compensation for any loss incurred by reason of a breach by it any of them of the provisions of this Agreement and hereby agree to waive the defense in any action for specific performance that a remedy at law would be adequate.