Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 243 contracts
Samples: Securities Purchase Agreement (Nextgen Healthcare, Inc.), Agreement and Plan of Merger (First Financial Bancorp /Oh/), Plan and Agreement
Specific Performance. The parties hereto Parties agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breachedterms. It Accordingly, it is accordingly hereby agreed that the parties Parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 73 contracts
Samples: Intellectual Property License Agreement (Summit Materials, LLC), Transition Services Agreement (Summit Materials, LLC), Support Services Agreement (Summit Materials, LLC)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that Accordingly, the parties further agree that each party shall be entitled to an injunction or injunctions restraining order to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other right or remedy to which they are such party may be entitled under this Agreement, at law or in equity.
Appears in 69 contracts
Samples: Asset Purchase Agreement (ADPT Corp), Agreement and Plan of Merger (Safenet Inc), Agreement and Plan of Merger (Renaissance Acquisition Corp.)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of contained in this Agreement were not performed in accordance with their its specific terms or were was otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof thereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 61 contracts
Samples: Agreement and Plan of Merger (BCB Bancorp Inc), Agreement and Plan of Merger (Bridge Bancorp Inc), Agreement and Plan of Merger (First Franklin Corp)
Specific Performance. The parties hereto acknowledge and agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It Accordingly, it is accordingly agreed that the parties they shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically the terms and provisions hereof in any court of competent jurisdiction in the United States or any state having jurisdictionthereof, this being in addition to any other remedy to which they are may be entitled at law or in equity.
Appears in 60 contracts
Samples: Registration Rights Agreement (Constar International Inc), Payment and Security Agreement (Bioheart, Inc.), Corporate Agreement (FBR Capital Markets Corp)
Specific Performance. The parties hereto agree that irreparable damage harm would occur in the event that any of the provisions of this Agreement were not performed in accordance with their its specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state thereof having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 41 contracts
Samples: Stockholder Agreement (Si Technologies Inc), Stockholder Agreement (Summit Technology Inc), Shareholder Agreement (Adt Limited)
Specific Performance. The parties hereto to this Agreement agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall to this Agreement will be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof of this Agreement in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 38 contracts
Samples: Voting Agreement (Gores Radio Holdings, LLC), Voting Agreement (KCPC Holdings, Inc.), Voting Agreement (Leever Daniel H)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law Law or in equity.
Appears in 30 contracts
Samples: Agreement and Plan of Merger, Transfer and Waiver Agreement, Membership Interest Purchase Agreement (Gb Sciences Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 28 contracts
Samples: Agreement and Plan of Merger (CareDx, Inc.), Agreement and Plan of Merger (CareDx, Inc.), Agreement and Plan of Merger (CareDx, Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It Except where this Agreement specifically provides for arbitration, it is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 27 contracts
Samples: Agreement and Plan of Merger (Sirf Technology Holdings Inc), Agreement and Plan of Merger (Luna Innovations Inc), Merger Agreement and Plan (Google Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions injunctive relief to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 22 contracts
Samples: Agreement and Plan of Merger (Durect Corp), Agreement and Plan of Merger (Pumatech Inc), Agreement and Plan of Merger and Reorganization (Deltagen Inc)
Specific Performance. The parties hereto Parties agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breachedterms. It Accordingly, it is accordingly hereby agreed that the parties Parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law Law or in equity.
Appears in 22 contracts
Samples: Sharing Agreement, Tax Sharing Agreement (ADT, Inc.), Tax Sharing Agreement (ADT, Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdictionhereof, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 21 contracts
Samples: Asset Purchase Agreement (Banc of California, Inc.), Agreement and Plan of Merger (Clicksoftware Technologies LTD), Stock Purchase Agreement (Blackbaud Inc)
Specific Performance. The parties hereto to this Agreement agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breachedreached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof of this Agreement in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 18 contracts
Samples: Agreement and Plan of Merger (Click Commerce Inc), Agreement and Plan of Merger (GXS Corp), Agreement and Plan of Merger (Click Commerce Inc)
Specific Performance. The parties hereto agree that irreparable damage harm would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific specified terms or were otherwise breached. It is accordingly agreed that the parties hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 18 contracts
Samples: Payment Agreement (Ies Industries Inc), Option Holder Stock Option and Trigger Payment Agreement (WPL Holdings Inc), Payment Agreement (Ies Industries Inc)
Specific Performance. The parties hereto agree that irreparable -------------------- damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 17 contracts
Samples: Agreement and Plan of Reorganization (Inktomi Corp), Agreement and Plan of Reorganization (Synbiotics Corp), Agreement and Plan of Reorganization (International Network Services)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions injunctions, without the posting of any bond, to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 17 contracts
Samples: Agreement and Plan of Merger (Zhone Technologies Inc), Agreement and Plan of Merger and Reorganization (Fermavir Pharmaceuticals, Inc.), Agreement and Plan of Merger and Reorganization (CVB Financial Corp)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdictionthis Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 17 contracts
Samples: Agreement and Plan of Merger (IMARA Inc.), Support Agreement (IMARA Inc.), Support Agreement (IMARA Inc.)
Specific Performance. The parties hereto agree that irreparable damage would may occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that Accordingly, the parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdictionthis Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 17 contracts
Samples: Registration Rights Agreement (Trinity Biotech PLC), Investment Agreement (Root, Inc.), Investment Agreement (Brookfield Asset Management Inc.)
Specific Performance. The parties hereto agree that irreparable damage would will occur in the event that any of the provisions of this Agreement were are not performed in accordance with their specific terms or were are otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 16 contracts
Samples: Asset Purchase Agreement (Logiq, Inc.), Membership Interest Purchase Agreement, Asset Purchase Agreement (Boingo Wireless Inc)
Specific Performance. The parties hereto to this Agreement agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that Accordingly, the parties to this Agreement hereby agree that each party hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof of this Agreement in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are such party may be entitled at law or in equity.
Appears in 15 contracts
Samples: Stock Purchase Agreement (Live Nation Entertainment, Inc.), Exchange Agreement (Motient Corp), Stock Purchase Agreement (Ticketmaster)
Specific Performance. The parties Each party hereto agree agrees that irreparable damage would occur in the event that any of the provisions of this Agreement were was not performed in accordance with their its specific terms or were was otherwise breached. It , and it is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or of any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 13 contracts
Samples: Convertible Promissory Note Purchase Agreement (Kingfish Holding Corp), Convertible Promissory Note Purchase Agreement (Kingfish Holding Corp), Convertible Promissory Note Purchase Agreement (Kingfish Holding Corp)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdictionhereof, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 12 contracts
Samples: Agreement and Plan of Merger (Saratoga Beverage Group Inc), Agreement and Plan of Merger (Saratoga Beverage Group Inc), Agreement and Plan of Merger (Fresh Juice Co Inc)
Specific Performance. The parties hereto acknowledge and agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It Accordingly, it is accordingly agreed that the parties they shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically the terms and provisions hereof in any court of competent jurisdiction in the United States or any state having jurisdictionthereof, this being in addition to any other remedy to which they are may be entitled at law or in equity.
Appears in 12 contracts
Samples: Shareholders Agreement (ITC Holdings Corp.), Registration Rights Agreement (Brimfield Precision LLC), Form of Registration Rights Agreement (Sealy Corp)
Specific Performance. The parties hereto agree that irreparable damage damages would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdictionproper venue hereunder, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 11 contracts
Samples: Registration Rights Agreement (Advanced Technology Industries Inc), Registration Rights Agreement (Advanced Technology Industries Inc), Registration Rights Agreement (Advanced Technology Industries Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that Accordingly, the parties further agree that each party shall be entitled to an injunction or injunctions restraining order to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other right or remedy to which they are such party may be entitled under this Agreement, at law Law or in equity.
Appears in 11 contracts
Samples: Acquisition Agreement and Plan of Acquisition (Vivakor, Inc.), Agreement and Plan of Merger (Global Business Resources Inc), Agreement and Plan of Merger (Mondas Minerals Corp.)
Specific Performance. The parties hereto agree that irreparable Irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that ; accordingly, the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 11 contracts
Samples: Loan Agreement (Centerpoint Corp), Stock Purchase Agreement (Bion Environmental Technologies Inc), Loan Agreement (Bion Environmental Technologies Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Merger Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Merger Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 11 contracts
Samples: Agreement of Merger (Triad Park LLC), Agreement and Plan of Merger (Pentair Inc), Agreement and Plan of Merger (Trump Taj Mahal Funding Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement Agreement, without the necessity of proving damages or posting any bond, and to enforce specifically the terms and provisions hereof in any court of the United States or any state thereof having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 11 contracts
Samples: Voting Agreement (Adc Telecommunications Inc), Voting Agreement (Adc Telecommunications Inc), Stock Option Agreement (Adc Telecommunications Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state or foreign jurisdiction having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 10 contracts
Samples: Recapitalization and Exchange Agreement, Stock Purchase Agreement (PTC Inc.), Agreement and Plan of Merger (Matinas BioPharma Holdings, Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were was not performed in accordance with their specific its specified terms or were was otherwise breachedbreached and that remedies at law may be inadequate to protect against a breach of the obligations under this Agreement. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically specific performance of the terms and provisions hereof in any court of the United States or any state having competent jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 10 contracts
Samples: Preferred Stock Purchase Agreement (Promotora De Informaciones Sa /Fi), Preferred Stock Purchase Agreement (Promotora De Informaciones Sa /Fi), Preferred Stock Purchase Agreement (Promotora De Informaciones Sa /Fi)
Specific Performance. The parties hereto to this Agreement agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof of this Agreement in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 10 contracts
Samples: Voting Agreement (Piedmont Community Bank Holdings, Inc.), Voting Agreement (Piedmont Community Bank Holdings, Inc.), Voting Agreement (Piedmont Community Bank Holdings, Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that that, in addition to any other remedy to which they are entitled at law or in equity, the parties hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 10 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Market Leader, Inc.), Purchase and Sale Agreement (Stockeryale Inc)
Specific Performance. The parties hereto to this Agreement agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties to this Agreement shall be entitled to an injunction or injunctions (without the payment or posting of any bond) to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof of this Agreement in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 10 contracts
Samples: Registration Rights Agreement (Triarc Companies Inc), Registration Rights Agreement (Deerfield Triarc Capital Corp), Registration Rights Agreement (Deerfield Capital Corp.)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that Accordingly, the parties shall further agree that each party will be entitled to an injunction or injunctions restraining order to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other right or remedy to which they are such party may be entitled under this Agreement, at law or in equity.
Appears in 9 contracts
Samples: Stock Purchase Agreement (Mocon Inc), Contribution Agreement (Johnson Outdoors Inc), Agreement and Plan of Merger (Troy Group Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of contained in this Agreement were not performed in accordance with their its specific terms or were was otherwise breached. It is accordingly agreed that the parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof thereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Oconee Federal Financial Corp.), Agreement and Plan of Merger (Meridian Interstate Bancorp Inc), Agreement and Plan of Merger (Century Commercial Bancorp Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions provision of this Agreement were is not performed in accordance with their specific the terms or were otherwise breached. It is accordingly agreed hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches specific performance of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity. Accordingly, it also is agreed that each of Pubco and the Holders shall be entitled to an injunction to prevent breaches of this Agreement, and to specific enforcement of this Agreement and its terms and provisions in any action instituted in any court of the United States or any state having subject matter jurisdiction.
Appears in 8 contracts
Samples: Stockholders Agreement (Weber Inc.), Stockholders Agreement (Weber Inc.), Stockholders Agreement (Signify Health, Inc.)
Specific Performance. The parties Parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties Parties shall be entitled to seek an injunction or injunctions without the need to post any bond or other financial assurances in order to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state state, province or other locale, both U.S. and non-U.S., having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 8 contracts
Samples: Share Purchase Agreement (CDH Fund VI, L.P.), Share Purchase Agreement (1Globe Capital LLC), Repurchase Agreement (China Biologic Products, Inc.)
Specific Performance. The parties hereto agree that irreparable damage harm -------------------- would occur in the event that any of the provisions of this Agreement were not performed in accordance with their its specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state thereof having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 8 contracts
Samples: Voting Agreement (Merkert American Corp), Subordinated Note Purchase and Option Agreement (Entravision Communications Corp), Post Merger Voting Agreement (Monroe James L)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall will be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 8 contracts
Samples: Support Agreement (Business Objects Sa), Support Agreement (Crystal Decisions Inc), Form of Voting Agreement (Business Objects Sa)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were was not performed in accordance with their its specific terms or were was otherwise breached. It is accordingly agreed that the parties Acquiror shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having proper jurisdiction, this being in addition to any other remedy to which they are Acquiror is entitled at law or in equity.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Compass International Services Corp), Voting and Cooperation Agreement (Sungard Data Systems Inc), Voting and Cooperation Agreement (Sungard Data Systems Inc)
Specific Performance. The parties hereto acknowledge and agree that irreparable damage would occur in the event that any of the provisions of this Agreement Warrant were not performed in accordance with their specific terms or were otherwise breached. It Accordingly, it is accordingly agreed that the parties they shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement Warrant and to enforce specifically the terms and provisions hereof in any court of competent jurisdiction in the United States or any state having jurisdictionthereof, this being in addition to any other remedy to which they are may be entitled at law or in equity.
Appears in 8 contracts
Samples: Loan Guarantee Agreement, Payment and Security Agreement (Bioheart, Inc.), Payment and Security Agreement (Bioheart, Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state thereof having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 8 contracts
Samples: Stockholder Support Agreement (NMS Communications Corp), Stock Option Agreement (Conseco Inc), Stock Option Agreement (Tellabs Inc)
Specific Performance. The parties Parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties Parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdictionjurisdiction permitted under this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 8 contracts
Samples: Share Purchase Agreement (Boxlight Corp), Share Purchase Agreement (Boxlight Corp), Share Purchase Agreement (Boxlight Corp)
Specific Performance. The parties hereto to this Agreement agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that prior to the termination of this Agreement in accordance with Article V the parties shall to this Agreement will be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof of this Agreement in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 8 contracts
Samples: Voting Agreement (Station Casinos Inc), Lock Up and Voting Agreement (DiMaio Ahmad Capital LLC), Voting Agreement (Station Casinos Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 8 contracts
Samples: Employment Agreement (Logimetrics Inc), Employment Agreement (Logimetrics Inc), Purchase Agreement (Colony Rih Acquisitions Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that Accordingly, the parties further agree that each party shall be entitled to an injunction or injunctions restraining order to prevent breaches or threatened breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, without the need to post bond or other security, this being in addition to any other right or remedy to which they are such party may be entitled under this Agreement, at law or in equity.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Caucuscom Mergerco Corp.), Agreement and Plan of Merger (Linear LLC), Agreement and Plan of Merger (International Electronics Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were any covenant set forth in this Agreement is otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to enforce specifically the performance of this Agreement in accordance with its terms and provisions and to prevent breaches of covenants set forth in this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being Agreement. The foregoing right is in addition to to, and not in lieu of, any other remedy to which they are entitled rights a party hereto may have in respect of a breach of this Agreement, whether at law or in equity.
Appears in 7 contracts
Samples: Asset Purchase and Sale Agreement (United States Cellular Corp), Reverse Transition Services Agreement (Windstream Corp), Reverse Transition Services Agreement (Valor Communications Group Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties either party shall be entitled to seek an injunction or injunctions or other equitable relief to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equityjurisdiction over the dispute.
Appears in 7 contracts
Samples: Transitional Services Agreement (Catapult Communications Corp), Asset Purchase Agreement (Catapult Communications Corp), Stock Purchase Agreement (Monaco Coach Corp /De/)
Specific Performance. The parties hereto agree that irreparable damage would could occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to seek an injunction or injunctions injunctions, without the posting of any bond, to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 7 contracts
Samples: Common Stock Purchase Agreement (Pacific Mercantile Bancorp), Common Stock Purchase Agreement (Pacific Mercantile Bancorp), Common Stock Purchase Agreement (Pacific Mercantile Bancorp)
Specific Performance. The parties hereto agree that irreparable damage -------------------- would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 7 contracts
Samples: Agreement and Plan of Reorganization (Smartforce Public LTD Co), Agreement and Plan of Merger (Benfield Greig Group PLC), Agreement and Plan of Reorganization (Cirrus Logic Inc)
Specific Performance. The parties hereto acknowledge and agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It Accordingly, it is accordingly agreed that the parties they shall be entitled to an injunction or injunctions to prevent breaches of the provision of this Agreement and to enforce specifically the terms and provisions hereof in any court of competent jurisdiction in the United States or any state having jurisdictionthereof, this being in addition to any other remedy to which they are may be entitled at law or in equity.
Appears in 7 contracts
Samples: Registration Rights Agreement (Bristol West Holdings Inc), Registration Rights Agreement (Willis Group Holdings LTD), Registration Rights Agreement (Regal Cinemas Inc)
Specific Performance. The parties hereto agree that -------------------- irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Danaher Corp /De/), Agreement and Plan of Merger (Princess Beverly Coal Holding Co Inc), Agreement and Plan of Merger (CLC Acquisition Corp)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 6 contracts
Samples: Asset Purchase Agreement (Megawest Energy Corp.), Asset Purchase Agreement (Medsolutions Inc), Asset Purchase Agreement (Medsolutions Inc)
Specific Performance. The parties hereto acknowledge and agree that irreparable damage would occur in the event that any of the provisions of Article V of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It Accordingly, it is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent or cure breaches of the provisions of Article V of this Agreement and to enforce specifically the terms and provisions hereof of such Article in any court of the United States or any state thereof having jurisdiction, this being in addition to any other remedy to which they are may be entitled at in law or in equity.
Appears in 6 contracts
Samples: Collaboration and License Agreement (Aptevo Therapeutics Inc.), Common Stock Purchase Agreement (Trubion Pharmaceuticals, Inc), Collaboration and License Agreement (Trubion Pharmaceuticals, Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific specified terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state thereof having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 6 contracts
Samples: Voting Agreement (Openroute Networks Inc), Voting Agreement (Openroute Networks Inc), Voting Agreement (Netrix Corp)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their its specific terms or were otherwise breached. It Except where this Agreement specifically provides for arbitration, it is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state or province having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 6 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement (Caesars Acquisition Co), Asset Purchase Agreement (Dolan Co.)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of in this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that Accordingly, the parties further agree that each party shall be entitled to an injunction or injunctions restraining order to prevent breaches of this Agreement hereof or thereof and to enforce specifically the terms and provisions hereof or thereof in any court of the United States or any state having jurisdiction, this being in addition to any other right or remedy to which they are such party may be entitled under this Agreement, at law or in equity.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Brooks Fiber Properties Inc), Execution Copy (Ralcorp Holdings Inc /Mo), Agreement and Plan of Merger (Agribrands International Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity, without posting any bond or proving that damages would be inadequate.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Western Atlas Inc), Agreement and Plan of Merger (Networks Associates Inc/), Agreement and Plan of Merger (3-D Geophysical Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are may be entitled at law or in equity.
Appears in 6 contracts
Samples: Exchange Agreement (University Healthsystem Consortium), Exchange Agreement (Global Healthcare Exchange, LLC), Agreement and Plan of Merger (Neoforma Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that if any of the provisions of this Agreement were not performed in accordance with their its specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdictionhereof, this being in addition to any other remedy to which they are entitled at law or in equity, and shall not be required to post a bond or other collateral in connection therewith.
Appears in 6 contracts
Samples: Letter Agreement and Term Sheet (Och-Ziff Capital Management Group LLC), Letter Agreement and Term Sheet (Och-Ziff Capital Management Group LLC), Letter Agreement and Term Sheet (Och-Ziff Capital Management Group LLC)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdictionhereof, this being in addition to any other remedy to which they are entitled at law or in equityequity and the parties hereby agree to waive any requirements for posting a bond in connection with any such action.
Appears in 6 contracts
Samples: Registration Rights Agreement (Tesla, Inc.), Registration Rights Agreement (Ultimate Software Group Inc), Registration Rights Agreement (Tesla, Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that that, prior to any termination of this Agreement pursuant to Section 5.1 hereof, the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdictionthis Agreement, this being in addition to any other remedy to which they are such party is entitled at law or in equity.
Appears in 6 contracts
Samples: Shareholders Agreement (Claires Stores Inc), Stockholders Agreement (Freeze Group Holding Corp.), Stockholders Agreement (Freeze Group Holding Corp.)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to seek an injunction or injunctions to prevent breaches any breach or threatened breach of this Agreement and to enforce specifically the terms and provisions hereof in any court of this Agreement, without the United States requirement to post a bond or any state having jurisdictionother security, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 5 contracts
Samples: Limited Liability Company Agreement (Ryman Hospitality Properties, Inc.), Investment Agreement (Ryman Hospitality Properties, Inc.), Membership Interest Purchase Agreement
Specific Performance. The parties Each party hereto agree agrees that irreparable damage would occur in the event that any of the provisions of this Agreement were was not performed in accordance with their its specific terms or were was otherwise breached. It , and it is accordingly agreed that the parties shall be entitled to an injunction Injunction or injunctions Injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 5 contracts
Samples: Purchase Option Agreement (Kingfish Holding Corp), Lease Agreement (Kingfish Holding Corp), Agreement and Plan of Merger (Kingfish Holding Corp)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were was not performed in accordance with their its specific terms or were was otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 5 contracts
Samples: Tender and Option Agreement (Mickel Buck A), Tender and Option Agreement (Duck Head Apparel Co Inc), Tender and Option Agreement (Rockey Robert D Jr)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, as provided in Section 10.13, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Nco Group Inc), Agreement and Plan of Merger (Nco Group Inc), Agreement and Plan of Merger (Nco Portfolio Management Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of contained in this Agreement were not performed in accordance with their its specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Flushing Financial Corp), Agreement and Plan of Merger (Hudson City Bancorp Inc), Plan of Merger (Energy Services Acquisition Corp.)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their its specific terms or were otherwise breached. It Except where this Agreement specifically provides for arbitration, it is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Audience Inc), Agreement and Plan of Merger (Lexmark International Inc /Ky/), Agreement and Plan of Merger (Business Objects S.A.)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Consolidated Natural Gas Co), Agreement and Plan of Merger (Dominion Resources Inc /Va/), Agreement and Plan of Merger (El Chico Restaurants Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It Notwithstanding Section 9.9, it is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity. Nothing in Article 7 shall be construed or interpreted to limit this Section 9.13.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Widepoint Corp), Membership Interest Purchase Agreement (Widepoint Corp), Stock Purchase Agreement (Viisage Technology Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of contained in this Agreement were was not performed in accordance with their its specific terms or were was otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Unit Corp), Securities Purchase Agreement (Littlejohn Joseph & Levy Fund Iii Lp), Share Purchase Agreement (Unit Corp)
Specific Performance. The parties Parties hereto agree that irreparable damage would occur in the event that any of the provisions of contained in this Agreement were not performed in accordance with their its specific terms or were was otherwise breached. It is accordingly agreed that the parties Parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof thereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (North Penn Bancorp Inc), Employment Agreement (Norwood Financial Corp), Agreement and Plan of Merger (Kearny Financial Corp.)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to equitable relief without the requirement of posting a bond or other security, including to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 5 contracts
Samples: Agreement and Plan of Merger and Reorganization (Pineapple Express, Inc.), Agreement and Plan of Merger (Micrel Inc), Agreement and Plan of Merger (Microchip Technology Inc)
Specific Performance. The parties hereto acknowledge and agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It Accordingly, it is accordingly agreed that the parties they shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically the terms and provisions hereof in any court of competent jurisdiction in the United States or any state having jurisdictionthereof, this being in addition to any other remedy to which they are may be entitled at law or in equity. [Continued on next page.]
Appears in 4 contracts
Samples: Registration Rights Agreement (Rockwood Holdings, Inc.), Registration Rights Agreement (Wci Communities Inc), Registration Rights Agreement (Wci Communities Inc)
Specific Performance. The parties Parties hereto agree that irreparable damage would occur in the event that if any of the provisions of this Agreement hereof were not performed in accordance with their its specific terms or were otherwise breached. It is accordingly agreed that the parties shall The Parties will be entitled to an injunction or injunctions to prevent breaches of this Agreement hereof and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Energy Telecom, Inc.), Patent Purchase Agreement (Solid Solar Energy, Inc.), Patent Purchase Agreement (Finishing Touches Home Goods Inc.)
Specific Performance. The parties hereto Parties agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties Parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: License Agreement (Catapult Communications Corp), International Rights License Agreement (Catapult Communications Corp), License Agreement (Tekelec)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of contained in this Agreement were not performed in accordance with their its specific terms or were was otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions injunctions, without the posting of bond or other security, to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Alliance Financial Corp /Ny/), Agreement and Plan of Merger (Bridge Street Financial Inc), Agreement and Plan of Merger (Rome Bancorp Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall hereto will be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdictionreferred to in Section 9.12(b), this being in addition to any other remedy to which they are entitled at law Law or in equity.
Appears in 4 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Schiff Nutrition International, Inc.), Agreement and Plan of Merger (Reckitt Benckiser Group PLC)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of contained in this Agreement were are not performed in accordance with their its specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof of this Agreement (including the parties’ obligation to consummate this Agreement subject to the terms of this Agreement) in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they the parties are entitled at law or in equityequity or under this Agreement.
Appears in 4 contracts
Samples: Purchase and Assumption Agreement (United Community Financial Corp), Purchase and Assumption Agreement (Croghan Bancshares Inc), Purchase and Assumption Agreement (Peoples Community Bancorp Inc /Md/)
Specific Performance. The parties hereto agree that irreparable damage would may occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties hereto shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in of this Agreement, without the requirement to post any court of the United States bond or any state having jurisdictionother security or to prove that money damages would be inadequate, this being in addition to any other right or remedy to which they are such party may be entitled under this Agreement, at law or in equity.
Appears in 4 contracts
Samples: Support Agreement (Spring Valley Acquisition Corp.), Sponsor Support Agreement (Spring Valley Acquisition Corp.), Sponsor Support Agreement (Spring Valley Acquisition Corp.)
Specific Performance. The parties hereto to this Agreement agree that irreparable damage would occur in the event that if any of the provisions of this Agreement were not performed in accordance with their its specific terms or were otherwise breachedbreached and that monetary damages, even if available, would not be an adequate remedy therefor. It is accordingly agreed that the parties to this Agreement shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof of this Agreement in any court of the United States or any state having jurisdictionChosen Courts, this being in addition to any other remedy to which they are entitled at law or in equity, and the parties to this Agreement shall not be required to prove actual damages.
Appears in 4 contracts
Samples: Support Agreement (JK&B Capital V, L.P.), Support Agreement (PCF 1, LLC), Support Agreement (PCF 1, LLC)
Specific Performance. The parties Parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties Parties hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Purchase Agreement (Gasco Energy Inc), Stock Purchase Agreement (Sierra Pacific Resources), Stock Purchase Agreement (Sierra Pacific Resources)
Specific Performance. The parties hereto agree that irreparable Irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that ; accordingly, the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any domestic and foreign state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Stock Purchase Agreement (United Capital Consultants Inc.), Stock Purchase Agreement (United Capital Consultants Inc.), Stock Purchase Agreement
Specific Performance. The parties Parties hereto agree that irreparable damage would occur in the event that any of the provisions of contained in this Agreement were not performed in accordance with their its specific terms or were otherwise breached. It is accordingly agreed that the parties Parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Princeton Bancorp, Inc.), Agreement and Plan of Merger (Princeton Bancorp, Inc.), Agreement and Plan of Merger (Sterling Banks, Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions provision of this Agreement were not performed in accordance with their its specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdictionjurisdiction without the necessity of demonstrating damages or posting a bond, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Undertaking Agreement (Perrigo Co), Nominating Agreement (Perrigo Co), Voting Agreement (Perrigo Co)
Specific Performance. The parties hereto agree that irreparable damage would may occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall may be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdictionjurisdiction pursuant to Section 13, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Program License Agreement (Univision Communications Inc), Program License Agreement (Univision Communications Inc), Program License Agreement (Univision Communications Inc)
Specific Performance. The parties hereto agree that -------------------- irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions injunctive relief to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.. [Signature Page Follows]
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Applied Micro Circuits Corp), Agreement and Plan of Merger (Mpath Interactive Inc/Ca), Agreement and Plan of Merger (Mpath Interactive Inc/Ca)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were was not performed in accordance with their its specific terms or were was otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdictionMinnesota court, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Voting Agreement (Granite City Food & Brewery LTD), Voting Agreement (Granite City Food & Brewery LTD), Voting Agreement (Granite City Food & Brewery LTD)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of contained in this Agreement were not performed in accordance with their its specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof thereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Ibt Bancorp Inc /Mi/), Employment Agreement (Ibt Bancorp Inc /Mi/), Agreement and Plan of Merger (Ibt Bancorp Inc /Mi/)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breachedterms. It Accordingly, it is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (Bowne & Co Inc), Transaction Agreement (Hammons John Q Hotels Inc), Agreement and Plan of Merger (Cinemark Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of covenants in this Agreement were not performed in accordance with their specific terms or otherwise were otherwise materially breached. It is accordingly agreed that that, without the necessity of proving actual damages or posting bond or other security, the parties shall be entitled to an temporary and/or permanent injunction or injunctions to prevent breaches of this Agreement such performance and to enforce specifically specific enforcement of the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled may be entitled, at law or in equity.
Appears in 4 contracts
Samples: Agreement and Plan of Voluntary Supervisory Merger Conversion, Agreement and Plan of Voluntary Supervisory Merger Conversion (Northwest Indiana Bancorp), Agreement and Plan of Voluntary Supervisory Merger Conversion (Northwest Indiana Bancorp)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall hereto will be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdictionreferred to in Section 8.12(b), this being in addition to any other remedy to which they are entitled at law Law or in equity.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Alaska Air Group, Inc.), Agreement and Plan of Merger (Alaska Air Group, Inc.), Agreement and Plan of Merger (Virgin America Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were was not performed in accordance with their specific its specified terms or were was otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having competent jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Business Combination Agreement (Liberty Acquisition Holdings Corp.), Business Combination Agreement (Liberty Acquisition Holdings Corp.), Stockholders Agreement (Carson Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of contained in this Agreement were are not performed in accordance with their its specific terms or were are otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof thereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Merger Agreement, Merger Agreement (Pc Connection Inc), Merger Agreement (Cyberian Outpost Inc)
Specific Performance. The parties hereto to this Agreement agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties to this Agreement shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof of this Agreement in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Atari Inc), Agreement and Plan of Merger (Kronos Inc), Agreement and Plan of Merger (Electrograph Holdings, Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that Accordingly, the parties agree that each party shall be entitled to an injunction or injunctions restraining order to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdictionlocated in the Western District of the Commonwealth, this being in addition to any other right or remedy to which they are such party may be entitled under this Agreement, at law or in equity.
Appears in 3 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Black Box Corp), Agreement and Plan of Merger (Norstan Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.. (THIS SPACE INTENTIONALLY LEFT BLANK)
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Zapworld Com), Agreement and Plan of Reorganization (Zapworld Com), Agreement and Plan of Reorganization (Zapworld Com)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement and were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that Accordingly, the parties further agree that each party shall be entitled to an injunction or injunctions restraining order to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other right or remedy to which they are such party may be entitled under this Agreement, at law or in equity.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (TRW Inc), Agreement and Plan of Merger (Saugatuck Capital Co LTD Partnership Iii), Agreement and Plan of Merger (Network Six Inc)
Specific Performance. The parties hereto agree that irreparable Irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that ; accordingly, the parties hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 3 contracts
Samples: Registration Rights Agreement (M & F Worldwide Corp), Registration Rights Agreement (Mafco Holdings Inc), Registration Rights Agreement (Siga Technologies Inc)
