13Specific Performance Sample Clauses

13Specific Performance. The parties agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy to which they are entitled at law or in equity.

13Specific Performance. Each Party acknowledges that the other Parties would be damaged irreparably and would have no adequate remedy of law if any provision of this Agreement is not performed in accordance with its specific terms or otherwise is breached. Accordingly, each Party agrees that the other Parties will be entitled to an injunction to prevent any breach of any provision of this Agreement and to enforce specifically any provision of this Agreement, in addition to any other remedy to which they may be entitled and without having to prove the inadequacy of any other remedy they may have at law or in equity and without being required to post bond or other security.

13Specific Performance. The parties hereto agree that irreparable damage would occur for which there is no adequate remedy at law in the event that the provisions contained in this Agreement were not performed in accordance with its specific terms or 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 thereof in any court of the United States or any state having jurisdiction, it being agreed by the Parties that this is in addition to any other remedy to which they are entitled at law or in equity.

13Specific Performance. The Company and the Investor hereby acknowledge and agree that the rights of the parties hereunder are special, unique and of extraordinary character, and that if any party refuses or otherwise fails to act, or to cause its Affiliates to act, in accordance with the provisions of this Agreement, such refusal or failure would result in irreparable injury to the Company or the Investor, as the case may be, the exact amount of which would be difficult to ascertain or estimate and the remedies at law for which would not be reasonable or adequate compensation. Accordingly, if any party refuses or otherwise fails to act, or to cause its Affiliates to act, in accordance with the provisions of this Agreement, then, in addition to any other remedy which may be available to any damaged party at law or in equity, such damaged party will be entitled to seek specific performance and injunctive relief, without posting bond or other security, and without the necessity of proving actual or threatened damages, which remedy such damaged party will be entitled to seek in any court of competent jurisdiction.

13Specific Performance. The parties agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with its specific terms or were otherwise breached. Each party agrees that, in the event of any breach or threatened breach by any other party of any covenant or obligation contained in this Agreement, the non-breaching party shall be entitled to seek (i) a decree or order of specific performance to enforce the observance and performance of such covenant or obligation, and (ii) an injunction restraining such breach or threatened breach. Nothing set forth in this ‎Section 9.13 shall restrict or limit any party’s right to terminate this Agreement in accordance with the terms of ‎Article VIII or pursue any other remedies under this Agreement that may be available at any time.

13Specific Performance. (a) The Parties agree that irreparable damage 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. Accordingly, the Parties agree that, in addition to any other remedies available at Law, each Party shall, subject to the provisions and limitation of Sections 11.13(b) and 11.13(c), be entitled to enforce the terms of this Agreement by a decree of specific performance or other injunctive relief without the necessity of proving the inadequacy of money damages as a remedy. Each Party hereby waives any requirement for the securing or posting of any bond in connection with such remedy. Without limitation of the foregoing and notwithstanding anything in this Agreement to the contrary (other than the terms of this Section 11.13), the Parties hereby further acknowledge and agree that prior to the Closing, Seller or Purchaser shall, subject to the provisions and limitation of Sections 11.13(b) and 11.13(c), be entitled to specific performance if Purchaser or Seller, respectively, fails to complete the Closing if and when required to complete the Closing pursuant to Section 2.1 and to cause the Transaction to be consummated, ​ ​ including to effect the Closing in accordance with Section 2.1, on the terms and subject to the conditions in this Agreement. Notwithstanding anything herein to the contrary, in no event shall this Section 11.13 be used, alone or together with any other provision of this Agreement, to require any Party to remedy any breach of any representation or warranty of such Party made herein. (b) Notwithstanding the foregoing or any other provision contained in this Agreement, the right to specific performance or injunctive relief to cause Purchaser to consummate the Closing will be held solely by Seller, and such remedy will be available to Seller if (and only if) each of the following will have been satisfied: (i) all conditions set forth in Section 8.1 and Section 8.2 have been satisfied (other than conditions that, by their nature, are to be satisfied at the Closing; provided, that such conditions would have been satisfied if the Closing were to occur) and remain satisfied as of the Closing; (ii) the Debt Financing has been funded or will be funded if Purchaser fulfills its obligations hereunder (assuming the substantially simultaneous funding of the Debt Financing); (iii) Seller and the Target have irrevocably confirmed in writing to Purchaser t...