Availability. On the First Amendment Effective Date, or as soon thereafter as all conditions precedent to the making thereof have been satisfied, Bank shall make one (1) term loan to Borrower in the amount of Ten Million Dollars ($10,000,000) (the “Refinancing Term Loan”), which shall be used to refinance all Term Loans (as defined herein prior to the First Amendment Effective Date) owing from Borrower to Bank as of the First Amendment Effective Date and for general corporate purposes, including, general working capital.

Relief. The Executive agrees that it would be difficult to measure any damages caused to the Company which might result from any breach by the Executive of the Continuing Obligations, and that in any event money damages would be an inadequate remedy for any such breach. Accordingly, the Executive agrees that if the Executive breaches, or proposes to breach, any portion of the Continuing Obligations, the Company shall be entitled, in addition to all other remedies that it may have, to an injunction or other appropriate equitable relief to restrain any such breach without showing or proving any actual damage to the Company.

Relief. The Parties understand and agree that if a violation of any term of this Agreement is asserted, the Party who asserts such violation shall have the right to seek specific performance of that term and/or any other necessary and proper relief as permitted by law or equity, including but not limited to, damages awarded by any court of competent jurisdiction, and the prevailing Party shall be entitled to recover its reasonable costs and attorneys’ fees.

Remedies, Other Obligations, Breaches and Injunctive Relief. ​’s remedies provided in this Agreement, including, without limitation, ​’s remedies provided in Section 9, shall be cumulative and in addition to all other remedies available to ​ under this Agreement, at law or in equity (including a decree of specific performance and/or other injunctive relief), no remedy of ​ contained herein shall be deemed a waiver of compliance with the provisions giving rise to such remedy and nothing herein shall limit ​'s right to pursue actual damages for any failure by ​ to comply with the terms of this Agreement. ​ acknowledges that a breach by it of its obligations hereunder will cause irreparable harm to ​ and that the remedy at law for any such breach may be inadequate. ​ therefore agrees that, in the event of any such breach or threatened breach, ​ shall be entitled, in addition to all other available remedies, to seek an injunction restraining any breach, without the necessity of showing economic loss and without any bond or other security being required.

Authorization. This Agreement constitutes such Investor's valid and legally binding obligation, enforceable in accordance with its terms, except # as limited by applicable bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting enforcement of creditors' rights generally, and # as limited by laws relating to the availability of specific performance, injunctive relief or other equitable remedies.

and binding obligation of the Company enforceable against the Company in accordance with its terms except (i) as limited by applicable bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting enforcement of creditors’ rights generally and (ii) as limited by laws relating to the availability of specific performance, injunctive relief or other equitable remedies.

Injunctive Relief: A party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy, but only upon the ground that the award to which that party may be entitled may be rendered ineffectual without such provisional relief.

without limitation, injunctive relief and specific performance.

Remedies, Characterizations, Other Obligations, Breaches and Injunctive Relief. The remedies provided in this Note shall be cumulative and in addition to all other remedies available under this Note and any of the other Transaction Documents at law or in equity (including a decree of specific performance and/or other injunctive relief), and nothing herein shall limit the Holder’s right to pursue actual and consequential damages for any failure by the [[Organization A:Organization]] to comply with the terms of this Note. The [[Organization A:Organization]] covenants to the Holder that there shall be no characterization concerning this instrument other than as expressly provided herein. Amounts set forth or provided for herein with respect to payments, conversion and the like (and the computation thereof) shall be the amounts to be received by the Holder and shall not, except as expressly provided herein, be subject to any other obligation of the [[Organization A:Organization]] (or the performance thereof). The [[Organization A:Organization]] acknowledges that a breach by it of its obligations hereunder will cause irreparable harm to the Holder and that the remedy at law for any such breach would be inadequate. The [[Organization A:Organization]] therefore agrees that, in the event of any such breach or threatened breach, the Holder shall be entitled, in addition to all other available remedies, to an injunction restraining any such breach or any such threatened breach, without the necessity of showing economic loss and without any bond or other security being required. The [[Organization A:Organization]] shall provide all information and documentation to the Holder that is requested by the Holder to enable the Holder to confirm the [[Organization A:Organization]]’s compliance with the terms and conditions of this Note.

Valid Agreement. This Agreement has been duly executed and delivered by the Option Holder and constitutes the legal, valid and binding obligation of the Option Holder, enforceable against it in accordance with its terms, except # as limited by applicable bankruptcy, insolvency, reorganization, moratorium, and other laws of general application affecting enforcement of creditors’ rights generally, and # as limited by laws relating to the availability of specific performance, injunctive relief, or other equitable remedies.