Injunctive Action. The Participant acknowledges that if the Participant violates the terms of subsection 2(g), the injury that would be suffered by the Company and/or an Affiliate as a result of a breach of the provisions of this Agreement (including any covenant described in subsection 2(g)) would be irreparable and that an award of monetary damages to the Company and/or an Affiliate for such a breach would be an inadequate remedy. Consequently, the Company and/or an Affiliate shall have the right, in addition to any other rights it may have, including the right to forfeiture and clawback under this Agreement, to obtain injunctive relief to restrain any breach or threatened breach or otherwise to specifically enforce any provision of this Agreement, and the Company and/or an Affiliate will not be obligated to post bond or other security in seeking such relief. Without limiting the Company’s or Affiliate’s rights under subsection 2(g) or any other remedies of the Company or an Affiliate, if the Participant breaches any covenant described in subsection 2(g), the Company will have the right to cancel this Agreement.
Appears in 7 contracts
Sources: Restricted Stock Unit Grant Agreement (Xylem Inc.), Performance Share Unit Grant Agreement (Xylem Inc.), Performance Share Unit Grant Agreement (Xylem Inc.)
Injunctive Action. The Participant acknowledges that if the Participant violates the terms of subsection 2(g2(j), the injury that would be suffered by the Company and/or an Affiliate as a result of a breach of the provisions of this Agreement (including any covenant described in subsection 2(g2(j)) would be irreparable and that an award of monetary damages to the Company and/or an Affiliate for such a breach would be an inadequate remedy. Consequently, the Company and/or an Affiliate shall have the right, in addition to any other rights it may have, including the right to forfeiture and clawback under this Agreement, to obtain injunctive relief to restrain any breach or threatened breach or otherwise to specifically enforce any provision of this Agreement, and the Company and/or an Affiliate will not be obligated to post bond or other security in seeking such relief. Without limiting the Company’s or Affiliate’s rights under subsection 2(g2(j) or any other remedies of the Company or an Affiliate, if the Participant breaches any covenant described in subsection 2(g2(j), the Company will have the right to cancel this Agreement.
Appears in 3 contracts
Sources: Non Qualified Stock Option Grant Agreement (Xylem Inc.), Non Qualified Stock Option Grant Agreement (Xylem Inc.), Non Qualified Stock Option Grant Agreement (Xylem Inc.)