Common use of Taking and Enforcement of Remedies Clause in Contracts

Taking and Enforcement of Remedies. (1) Each of the Purchasers hereby acknowledges that, to the extent permitted by applicable law, the remedies provided under the Transaction Documents to the Purchasers are for the benefit of the Purchasers collectively and acting together and not severally and further acknowledges that its rights under the Transaction Documents are to be exercised not severally, but collectively by the Agent upon the decision of the Purchasers; accordingly, notwithstanding any of the provisions contained in any of the Transaction Documents, each of the Purchasers hereby covenants and agrees that it shall not be entitled to take any action with respect to the Transaction Documents, including, without limitation, any acceleration of the indebtedness, liabilities or obligations of the Company or any of its Subsidiaries, but that any such action shall be taken only by the Agent with the prior written agreement of the Purchasers, provided that, notwithstanding the foregoing:

Appears in 4 contracts

Samples: Purchase Agreement (Inform Worldwide Holdings Inc), Purchase Agreement (Neah Power Systems, Inc.), Purchase Agreement (Neah Power Systems, Inc.)

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Taking and Enforcement of Remedies. (1) Each of the Purchasers hereby acknowledges that, to the extent permitted by applicable law, the remedies provided under the Transaction Security Documents to the Purchasers are for the benefit of the Purchasers collectively and acting together and not severally and further acknowledges that its rights under the Transaction Security Documents are to be exercised not severally, but collectively by the Agent upon the decision of the Purchasers; accordingly, notwithstanding any of the provisions contained in any of the Transaction Documents, each of the Purchasers hereby covenants and agrees that it shall not be entitled to take any action with respect to the Transaction Security Documents, including, without limitation, any acceleration of the indebtedness, liabilities or obligations of the Company or any of its Subsidiaries, but that any such action shall be taken only by the Agent with the prior written agreement of the Purchasers, provided that, notwithstanding the foregoing:

Appears in 3 contracts

Samples: Securities Purchase Agreement (Shea Development Corp.), Securities Purchase Agreement (Knobias, Inc.), Securities Purchase Agreement (United Benefits & Pension Services, Inc.)

Taking and Enforcement of Remedies. (1) Each of the Purchasers hereby acknowledges that, to the extent permitted by applicable law, the remedies provided under the Transaction Security Documents to the Purchasers are for the benefit of the Purchasers collectively and acting together and not severally and further acknowledges that its rights under the Transaction Security Documents are to be exercised not severally, but collectively by the Agent upon the decision of the Purchasers; accordingly, notwithstanding any of the provisions contained in any of the Transaction Documents, each of the Purchasers hereby NYC01_84139423_7 covenants and agrees that it shall not be entitled to take any action with respect to the Transaction Security Documents, including, without limitation, any acceleration of the indebtedness, liabilities or obligations of the Company or any of its Subsidiaries, but that any such action shall be taken only by the Agent with the prior written agreement of the Purchasers, provided that, notwithstanding the foregoing:

Appears in 1 contract

Samples: Securities Purchase Agreement (Pipeline Data Inc)

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Taking and Enforcement of Remedies. (1) Each of the Purchasers hereby acknowledges that, to the extent permitted by applicable law, the remedies provided under the Transaction Documents to the Purchasers are for the benefit of the Purchasers collectively and acting together and not severally and further acknowledges that its rights under the Transaction Documents are to be exercised not severally, but collectively by the Agent upon the decision of the Purchasers; accordingly, notwithstanding any of the provisions contained in any of the Transaction Documents, each of the Purchasers hereby covenants and agrees that it shall not be entitled to take any action with respect to the Transaction Documents, including, without limitation, any acceleration of the indebtedness, liabilities or obligations of the Company or any of its SubsidiariesCompany, but that any such action shall be taken only by the Agent with the prior written agreement of the Purchasers, provided that, notwithstanding the foregoing:

Appears in 1 contract

Samples: Purchase Agreement (Marshall Holdings International, Inc.)

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