Common use of COUNTERCLAIM THEREIN Clause in Contracts

COUNTERCLAIM THEREIN. (c) The parties acknowledge and agree that the Buyer, the Transitory Sub and the Stockholder would be irreparably damaged if any of the provisions of this Agreement are not performed in accordance with their specific terms and that any breach of this Agreement could not be adequately compensated in all cases by monetary damages alone. Accordingly, in addition to any other right or remedy to which the Buyer, the Transitory Sub or the Stockholder may be entitled, at law or in equity, it shall be entitled to enforce any provision of this Agreement by a decree of specific performance and temporary, preliminary and permanent injunctive relief to prevent breaches or threatened breaches of any of the provisions of this Agreement, without posting any bond or other undertaking.

Appears in 5 contracts

Samples: Voting and Stockholder Option Agreement (Danaher Corp /De/), Voting and Stockholder Option Agreement (Danaher Corp /De/), Voting and Stockholder Option Agreement (Danaher Corp /De/)

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