Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Closing, in addition to any other right or remedy available to it, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, and in either case no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.
Appears in 21 contracts
Samples: Agreement and Plan of Reorganization (Media & Entertainment Com Inc), Acquisition and Share Exchange Agreement (Winsonic Digital Media Group LTD), Acquisition and Share Exchange Agreement (Winsonic Digital Media Group LTD)
Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Closing, in addition to any other right or remedy available to it, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, and in either case no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.
Appears in 9 contracts
Samples: Securities Purchase Agreement (Cubescape Inc), Securities Purchase Agreement (Autovative Products Inc), Securities Purchase Agreement (Aviation Upgrade Technologies Inc)
Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the ClosingClosing Date, in addition to any other right or remedy available to it, to seek an injunction restraining such breach or a threatened breach and to seek specific performance of any such provision of this Agreement, and and, in either case case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.
Appears in 6 contracts
Samples: Sale Agreement (FC Global Realty Inc), Sale Agreement (First Capital Real Estate Trust Inc), Membership Interests Sale Agreement (Alpha Investment Inc.)
Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated compen sated by money damages, any party shall be entitled, either before or after the ClosingEffective Time, in addition to any other right or remedy available to it, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, and and, in either case case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Ninomiya Mori S), Agreement and Plan of Merger (Takeout Music Com), Agreement and Plan of Merger (Pangilinan Rich)
Availability of Equitable Remedies. Since a breach of the provisions of this the Agreement could not adequately be compensated by money damages, any party either Party shall be entitled, either before or after the Closing, in addition to any other right or remedy available to it, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this the Agreement, and and, in either case case, no bond or other security shall be required in connection therewith, and the parties Parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.
Appears in 6 contracts
Samples: Acquisition Agreement (Auxer Group Inc), Agreement (Auxer Group Inc), Plan of Acquisition (Auxer Group Inc)
Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party the parties shall be entitledentitled before, either before or after the and only before, Closing, in addition to any other right or remedy available to itthem, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, ; and in either case case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Amedisys Inc), Exchange Agreement (Amedisys Inc), Asset Purchase Agreement (Epicedge Inc)
Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the ClosingEffective Date, in addition to any other right or remedy available to it, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, and and, in either case case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.
Appears in 4 contracts
Samples: Omnibus Contribution Agreement (Gadsden Growth Properties, Inc.), Omnibus Contribution Agreement (Gadsden Growth Properties, Inc.), Omnibus Contribution Agreement (Gadsden Growth Properties, Inc.)
Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Closing, in addition to any other right or remedy available to it, to an injunction restraining such the breach or a threatened breach and to specific performance of any such provision of this Agreement, and and, in either case case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.
Appears in 4 contracts
Samples: Loan and Security Agreement (Fix Corp International Inc), Agreement of Acquisition Stock for Stock (Tenet Information Services Inc), Acquisition Agreement (Fix Corp International Inc)
Availability of Equitable Remedies. Since a breach of the provisions of this Agreement or any transaction contemplated hereby could not adequately be compensated by money damages, any a party shall be entitled, either before or after the Closing, in addition to any other right or remedy available to it, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, Agreement and in either case no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.
Appears in 3 contracts
Samples: Registration Rights Agreement (Centerline Holding Co), Management Agreement (Centerline Holding Co), Registration Rights Agreement (Centerline Holding Co)
Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Closing, in addition to any other right or remedy available to it, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, and in either case no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.
Appears in 3 contracts
Samples: Subscription and Purchase Agreement (Insignia Financial Group Inc), Stock Purchase Agreement (Drexel Burnham Lambert Real Estate Associates Iii), Stock Purchase Agreement (Drexel Burnham Lambert Real Estate Associates)
Availability of Equitable Remedies. Since Each party acknowledges that a breach of the provisions of this Agreement could not adequately be compensated by money damages. Accordingly, any party shall be entitled, either before or after the Closing, in addition to any other right or remedy available to it, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, and in either case no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.
Appears in 3 contracts
Samples: Registration Rights Agreement (Cfi Proservices Inc), Registration Rights Agreement (Cfi Proservices Inc), Registration Rights Agreement (Cfi Proservices Inc)
Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated compensated by money damages, any party shall be entitled, either before or after the ClosingEffective Time, in addition to any other right or remedy available to it, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, and and, in either case case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Media Exchange Group, Inc.), Agreement and Plan of Merger (Media Exchange Group, Inc.)
Availability of Equitable Remedies. Since The Parties acknowledge and agree that (i) a breach of the provisions of this Agreement could may not adequately be compensated by money damages, and (ii) any party Party shall be entitled, either before or after the Closing, in addition to any other right or remedy available to it, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreementbreach, and in either case no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.
Appears in 2 contracts
Samples: Asset Purchase Agreement (BOSTON OMAHA Corp), Asset Purchase Agreement (BOSTON OMAHA Corp)
Availability of Equitable Remedies. Since a A breach of the provisions of this Agreement could cannot adequately be compensated by money damages, any . Any party shall be entitled, either before or after the Closing, in addition to any other right or remedy available to ithim, to seek such equitable relief as may be granted by a court of competent jurisdiction, including obtaining an injunction injunction, restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, and in either . In any such case no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.
Appears in 2 contracts
Samples: Stockholders Agreement (Warren Russell F JR), Stockholders Agreement (Kanders Warren B)
Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Closing, in addition to any other right or remedy available to it, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, . and in either case no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Star Services Group Inc), Asset Purchase Agreement (Maxplanet Corp)
Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party the Parties shall be entitledentitled before, either before or after the and only before, Closing, in addition to any other right or remedy available to itthem, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, ; and in either case case, no bond or other security shall be required in connection therewith, and the parties Parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Design Automation Systems Inc), Agreement and Plan of Merger (Epicedge Inc)
Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Closing, in addition to any other right or remedy available to it, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, and and, in either case case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.
Appears in 2 contracts
Samples: Acquisition Agreement (PSPP Holdings Inc), Asset Purchase Agreement (Drug Guild Distributors Inc)
Availability of Equitable Remedies. Since a breach of the provisions of this Agreement agreement could not adequately be compensated by money damages, any party to this agreement shall be entitled, either before or after the Closing, in addition to any other right or remedy available to it, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreementagreement, and in either case no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.
Appears in 2 contracts
Samples: Preferred Share Purchase Agreement (California Real Estate Investment Trust), Interest Purchase Agreement (California Real Estate Investment Trust)
Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Closing, in addition to any other right or remedy available to it, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, and in either case no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.. 10.08
Appears in 1 contract
Samples: Stock Purchase Agreement (Orbit International Corp)
Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any either party shall be entitled, either before or after the ClosingEffective Time, in addition to any other right or remedy available to it, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, and and, in either case case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.
Appears in 1 contract
Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Closing, entitled in addition to any other right or remedy available to it, to an injunction apply to a court of competent jurisdiction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, and and, in either case case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performancewherewith.
Appears in 1 contract
Samples: Termination and Release (Broadcast International Inc)
Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not fully and adequately be compensated by money damages, any party shall be entitled, either before or after the Closing, in addition to any other right or remedy available to it, to an injunction restraining such the breach or a threatened breach and to specific performance of any such provision of this Agreement, and and, in either case case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.
Appears in 1 contract
Samples: Agreement (Mark Solutions Inc)
Availability of Equitable Remedies. Since Because a breach material Breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Closing, in addition to any other right or remedy available to it, to an injunction restraining such breach Breach or a threatened breach Breach and to specific performance of any such provision of this Agreement, and in either case no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.
Appears in 1 contract
Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Closing, in addition to any other right or remedy available to him or to it, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this AgreementAgreement and, and in either case case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.
Appears in 1 contract
Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Closing, in addition to any other right or remedy available to it, . to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, and and, in either case case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.
Appears in 1 contract
Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any non-breaching party shall be entitled, either before or after the Closing, in addition to any other right or remedy available to ithim, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, and in either case no bond or other security shall be required in connection therewith, and the parties each party hereto hereby consent consents to the issuance of such an injunction and to the ordering of such specific performance.
Appears in 1 contract
Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Closingdate of the execution and delivery hereof, in addition to any other right or remedy available to it, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, and in either case no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.
Appears in 1 contract
Samples: Termination Agreement (SRS Labs Inc)
Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Closing, in addition to any other right or remedy available to it, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, and in either case no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.
Appears in 1 contract
Availability of Equitable Remedies. Since a breach of the provisions ---------------------------------- of this Agreement could not adequately be compensated by money damages, any party the parties shall be entitledentitled before, either before or after the and only before, Closing, in addition to any other right or remedy available to itthem, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, ; and in either case case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.
Appears in 1 contract
Samples: Asset Purchase Agreement (American International Assets Inc)
Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Closing, entitled in addition to any other right or remedy available to it, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, and and, in either case case, no bond or other security shall be required in connection therewithwherewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.
Appears in 1 contract
Samples: Termination and Release (Broadcast International Inc)
Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any non-breaching party shall be entitled, either before or after the Closing, in addition to any other right or remedy available to itavailable, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, and in either case no bond or other security shall be required in connection therewith, and the parties each party hereto hereby consent consents to the issuance of such an injunction and to the ordering of such specific performance.
Appears in 1 contract
Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, damages any party shall be entitled, either before or after the Closing, in addition to any other right or remedy available to it, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, and and, in either case case, no bond or other security shall be required in connection therewith, and the parties hereby herby consent to the issuance of such an injunction and to the ordering of specific performance.
Appears in 1 contract
Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated compensated by money damages, any party shall be entitled, either before or after the Closing, in addition to any other right or remedy available to it, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, and in either case no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.
Appears in 1 contract
