Common use of Remedies, Characterizations, Other Obligations, Breaches and Injunctive Relief Clause in Contracts

Remedies, Characterizations, Other Obligations, Breaches and Injunctive Relief. The remedies provided in the Agreement shall be cumulative and in addition to all other remedies available under the Agreement or the Notes, at law or in equity (including a decree of specific performance and/or other injunctive relief), and nothing herein shall limit the Investor’s right to pursue actual damages for any failure by the Company to comply with the terms of this Agreement. The Company acknowledges that a breach by it of its obligations hereunder shall cause irreparable harm to the Investor and that the remedy at law for any such breach shall be inadequate. The Company therefore agrees that, in the event of any such breach or threatened breach, the Investor shall be entitled, in addition to all other available remedies, to an injunction restraining any breach, without the necessity of showing economic loss and without any bond or other security being required.

Appears in 2 contracts

Samples: Convertible Note Purchase Agreement (Alibaba Group Holding LTD), Convertible Note Purchase Agreement

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Remedies, Characterizations, Other Obligations, Breaches and Injunctive Relief. The remedies provided in the Agreement this Note shall be cumulative and in addition to all other remedies available under this Note and any of the Agreement or the Notesother Transaction Documents, at law or in equity (including a decree of specific performance and/or other injunctive relief), and nothing herein shall limit the InvestorHolder’s right to pursue actual and consequential damages for actually suffered by the Holder as a result of any failure by the Company to comply with the terms of this AgreementNote. The Company acknowledges that a breach by it of its obligations hereunder shall will cause irreparable harm to the Investor Holder and that the remedy at law for any such breach shall may be inadequate. The Company therefore agrees that, in the event of any such breach or threatened breach, the Investor Holder shall be entitled, in addition to all other available remedies, to an injunction restraining any breach, without the necessity of showing economic loss and without any bond or other security being required.

Appears in 2 contracts

Samples: A Note Purchase Agreement (Blue Coat Systems Inc), A Note Purchase Agreement (Blue Coat Systems Inc)

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Remedies, Characterizations, Other Obligations, Breaches and Injunctive Relief. The remedies provided in the Agreement shall be cumulative and in addition to all other remedies available under the Agreement or the Notes, at law or in equity (including a decree of specific performance and/or other injunctive relief), and nothing herein shall limit the Investor’s right to pursue actual damages for any failure by the Company to comply with the terms of this Agreement. The Company acknowledges that a breach by it of its obligations hereunder shall cause irreparable harm to the Investor and that the remedy at law for any such breach shall be inadequate. The Company therefore agrees that, in the event of any such breach or threatened breach, the Investor shall be entitled, in addition to all other available remedies, to an injunction restraining any breach, without the necessity of showing economic loss and without any bond or other security being required.. ​

Appears in 1 contract

Samples: Convertible Note Purchase Agreement (BEST Inc.)

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