Injunctive Relief and Additional Remedies. The Undersigned acknowledges that the injury that would be suffered by Allegiance, CBTX or the Surviving Entity as a result of a breach of the provisions of this Agreement (including any provision of Section 3) would be irreparable and that an award of monetary damages to Allegiance, CBTX or the Surviving Entity, as the case may be, for such a breach would be an inadequate remedy. Consequently, each of Allegiance, CBTX and the Surviving Entity will have the right, in addition to any other rights it may have, to seek specific performance, to obtain injunctive relief to restrain any proposed or actual breach or threatened breach or otherwise to specifically enforce any provision of this Agreement without the obligation to post bond or other security in seeking such relief. Such equitable remedies are in addition to the right to obtain compensatory and punitive damages, and attorney’s fees, and, notwithstanding Allegiance’s, CBTX’s or the Surviving Entity’s, as applicable, right to so seek damages, the Undersigned waives any defense that an adequate remedy for Allegiance, CBTX or the Surviving Entity, as applicable, exists under law. If the Undersigned, on the one hand, or Allegiance, CBTX or the Surviving Entity, on the other hand, must bring suit to enforce this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees and costs related thereto.
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Sources: Merger Agreement (Allegiance Bancshares, Inc.), Director Support Agreement (CBTX, Inc.)
Injunctive Relief and Additional Remedies. The Undersigned acknowledges that the injury that would be suffered by AllegianceParent, CBTX Servbank, the Company or the Surviving Entity Bank as a result of a breach of the provisions of this Support Agreement (including any provision of Section 3) would be irreparable and that an award of monetary damages to AllegianceParent, CBTX Servbank, the Company or the Surviving EntityBank, as the case may be, for such a breach would be an inadequate remedy. Consequently, each of AllegianceParent, CBTX Servbank, the Company and the Surviving Entity will Bank shall have the right, in addition to any other rights it may have, to seek specific performance, to obtain injunctive relief to restrain any proposed or actual breach or threatened breach or otherwise to specifically enforce any provision of this Support Agreement without the obligation to post bond or other security in seeking such relief. Such equitable remedies are in addition to the right to obtain compensatory and punitive damages, damages and attorney’s fees, and, notwithstanding AllegianceParent’s, CBTXServbank’s, the Company’s or the Surviving EntityBank’s, as applicablethe case may be, right to so seek damages, the Undersigned waives any defense that an adequate remedy for AllegianceParent, CBTX Servbank, the Company or the Surviving EntityBank, as applicablethe case may be, exists under law. If the Undersigned, on the one hand, or AllegianceParent, CBTX Servbank, the Company or the Surviving EntityBank, on the other hand, must bring suit to enforce this Support Agreement, the prevailing party shall be entitled to recover its reasonable and documented attorneys’ fees and costs related thereto.
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