PROVISION OF THIS AGREEMENT SHALL BE ENTITLED TO ENFORCE SUCH RIGHTS
SPECIFICALLY (WITHOUT POSTING A BOND OR OTHER SECURITY), TO RECOVER DAMAGES BY
REASON OF ANY BREACH OF ANY PROVISION OF THIS AGREEMENT AND TO EXERCISE ALL
OTHER RIGHTS GRANTED BY LAW.
FURTHERMORE, THE COMPANY RECOGNIZES THAT IN THE
EVENT THAT IT FAILS TO PERFORM, OBSERVE, OR DISCHARGE ANY OR ALL OF ITS
OBLIGATIONS UNDER THIS AGREEMENT, ANY REMEDY AT LAW MAY PROVE TO BE INADEQUATE
RELIEF TO THE INVESTOR.
THE COMPANY THEREFORE AGREES THAT THE INVESTOR SHALL BE
ENTITLED TO SEEK TEMPORARY AND PERMANENT INJUNCTIVE RELIEF IN ANY SUCH CASE
WITHOUT THE NECESSITY OF PROVING ACTUAL DAMAGES AND WITHOUT POSTING A BOND OR
OTHER SECURITY.
[Signature Page Follows]
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IN WITNESS WHEREOF, the Investor and the Company have caused their respective
signature page to this Amendment Agreement to be duly executed as of the date
first written above.
COMPANY:
IPARTY CORP.
By:
/s/ SAL V. PERISANO
Name:
Sal V. Perisano
Title:
Chief Executive Officer
INVESTOR:
HIGHBRIDGE INTERNATIONAL LLC
By:
HIGHBRIDGE CAPITAL
MANAGEMENT, LLC
By:
/s/ ADAM J. CHILL
Name:
Adam J. Chill
Title:
Managing Director
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