Common use of Enforcement of the Agreement Clause in Contracts

Enforcement of the Agreement. The parties agree that irreparable damage would occur in the event that any Stockholder did not perform any of the provisions of this Agreement in accordance with their specific terms or otherwise breached any such provisions. It is accordingly agreed that Parent and Purchaser shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement in addition to any other remedy to which they are entitled at law or in equity. Any and all remedies herein expressly conferred upon Parent and Purchaser will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by Law or equity upon Parent or Purchaser, and the exercise by Parent or Purchaser of any one remedy will not preclude the exercise of any other remedy.

Appears in 18 contracts

Samples: Agreement and Plan of Merger (Tesla, Inc.), Tender and Support Agreement (Salesforce Com Inc), Voting and Support Agreement (Baker Bros. Advisors Lp)

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Enforcement of the Agreement. The parties agree that irreparable damage would occur in the event that any Stockholder did not perform any of the provisions of this Agreement in accordance with their specific terms or otherwise breached any such provisions. It is accordingly agreed that Parent and Purchaser shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement in addition to any other remedy to which they are entitled at law or in equity. Any and all remedies herein expressly conferred upon Parent and Purchaser will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by Law or equity upon Parent or PurchaserParent, and the exercise by Parent or Purchaser of any one remedy will not preclude the exercise of any other remedy.

Appears in 13 contracts

Samples: Tender and Support Agreement (Cadeler a/S), Tender and Support Agreement (Cadeler a/S), Tender and Support Agreement (Cadeler a/S)

Enforcement of the Agreement. The parties agree that irreparable damage would occur in the event that any Stockholder did not perform any of the provisions of this Agreement in accordance with their specific terms or otherwise breached any such provisions. It is accordingly agreed that Parent and Purchaser Merger Sub shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement in addition to any other remedy to which they are entitled at law or in equity. Any and all remedies herein expressly conferred upon Parent and Purchaser Merger Sub will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by Law or equity upon Parent or PurchaserMerger Sub, and the exercise by Parent or Purchaser Merger Sub of any one remedy will not preclude the exercise of any other remedy.

Appears in 12 contracts

Samples: Tender and Support Agreement (Mallinckrodt PLC), Tender and Support Agreement (Dermira, Inc.), Tender and Support Agreement (Durata Therapeutics, Inc.)

Enforcement of the Agreement. The parties agree that irreparable damage would occur in the event that any Stockholder did not perform any of the provisions of this Agreement in accordance with their specific terms or otherwise breached any such provisions. It is accordingly agreed that Parent and Purchaser shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement in addition to any other remedy to which they are entitled at law or in equity. Any and all remedies herein expressly conferred upon Parent and Purchaser will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by Law law or equity upon Parent or Purchaser, and the exercise by Parent or Purchaser of any one remedy will not preclude the exercise of any other remedy.

Appears in 8 contracts

Samples: Support Agreement (La Jolla Pharmaceutical Co), Support Agreement (Tang Capital Partners Lp), Form of Support Agreement (Tetraphase Pharmaceuticals Inc)

Enforcement of the Agreement. The parties agree that irreparable damage would occur in the event that any Stockholder did not perform any of the provisions of this Agreement in accordance with their specific terms or otherwise breached any such provisions. It is accordingly agreed that Parent and Purchaser Merger Sub shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement in addition to any other remedy to which they are entitled at law or in equity. Any and all remedies herein expressly conferred upon Parent and Purchaser Merger Sub will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by Law law or equity upon Parent or PurchaserMerger Sub, and the exercise by Parent or Purchaser Merger Sub of any one remedy will not preclude the exercise of any other remedy.

Appears in 4 contracts

Samples: Form of Voting Agreement (Tetraphase Pharmaceuticals Inc), Form of Exchange Agreement (Tetraphase Pharmaceuticals Inc), Exchange Agreement (Acelrx Pharmaceuticals Inc)

Enforcement of the Agreement. The parties agree that irreparable damage would occur in the event that any the Stockholder did not perform any of the provisions of this Agreement in accordance with their specific terms or otherwise breached any such provisions. It is accordingly agreed that Parent and Purchaser Merger Sub shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement in addition to any other remedy to which they are entitled at law or in equity. Any and all remedies herein expressly conferred upon Parent and Purchaser Merger Sub will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by Law or equity upon Parent or PurchaserMerger Sub, and the exercise by Parent or Purchaser Merger Sub of any one remedy will not preclude the exercise of any other remedy.

Appears in 3 contracts

Samples: Voting Agreement (Endologix Inc /De/), Tender and Support Agreement (Ariad Pharmaceuticals Inc), Voting Agreement (TriVascular Technologies, Inc.)

Enforcement of the Agreement. The parties agree that irreparable damage would occur in the event that any Stockholder did not perform any of the provisions of this Agreement in accordance with their specific terms or otherwise breached any such provisions. It is accordingly agreed that Parent and Purchaser Merger Sub shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement in addition to any other remedy to which they are entitled at law or in equity. Any and all remedies herein expressly conferred upon Parent and Purchaser Merger Sub will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by Law or equity upon Parent or Purchasersuch party, and the exercise by Parent or Purchaser Merger Sub of any one remedy will not preclude the exercise of any other remedy.

Appears in 2 contracts

Samples: Tender and Support Agreement (Nimble Storage Inc), Tender and Support Agreement (Hewlett Packard Enterprise Co)

Enforcement of the Agreement. The parties agree that irreparable damage would occur in the event that any the Stockholder did not perform any of the provisions of this Agreement in accordance with their specific terms or otherwise breached any such provisions. It is accordingly agreed that Parent and Purchaser shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement in addition to any other remedy to which they are entitled at law or in equity. Any and all remedies herein expressly conferred upon Parent and Purchaser will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by Law law or equity upon Parent or Purchaser, and the exercise by Parent or Purchaser of any one remedy will not preclude the exercise of any other remedy.

Appears in 2 contracts

Samples: Form of Exchange Agreement (Tetraphase Pharmaceuticals Inc), Form of Exchange Agreement (La Jolla Pharmaceutical Co)

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Enforcement of the Agreement. The parties agree that irreparable damage would occur in the event that any Stockholder did not perform any of the provisions of this Agreement in accordance with their specific terms or otherwise breached any such provisions. It is accordingly agreed that Parent and Purchaser Target shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement in addition to any other remedy to which they are entitled at law or in equity. Any and all remedies herein expressly conferred upon Parent and Purchaser Target will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by Law law or equity upon Parent or PurchaserTarget, and the exercise by Parent or Purchaser Target of any one remedy will not preclude the exercise of any other remedy.

Appears in 1 contract

Samples: Voting and Support Agreement (Jounce Therapeutics, Inc.)

Enforcement of the Agreement. The parties hereto agree that irreparable damage would occur in the event that any Stockholder Investor did not perform any of the provisions of this Agreement in accordance with their specific terms or otherwise breached any such provisions. It is accordingly agreed that Parent and Purchaser shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement in addition to any other remedy to which they are entitled at law or in equity. Any and all remedies herein expressly conferred upon Parent and Purchaser will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by Law or equity upon Parent or PurchaserParent, and the exercise by Parent or Purchaser of any one remedy will not preclude the exercise of any other remedy.

Appears in 1 contract

Samples: Contribution, Non Tender and Support Agreement (MF Merger Sub Corp.)

Enforcement of the Agreement. The parties agree that irreparable damage would occur in the event that any the Stockholder did not perform any of the provisions of this Agreement in accordance with their specific terms or otherwise breached any such provisions. It is accordingly agreed that Parent and Purchaser shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement in addition to any other remedy to which they are entitled at law or in equity. Any and all remedies herein expressly conferred upon Parent and Purchaser will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by Law or equity upon Parent or Purchaser, and the exercise by Parent or Purchaser of any one remedy will not preclude the exercise of any other remedy.

Appears in 1 contract

Samples: Voting and Support Agreement (Alexion Pharmaceuticals Inc)

Enforcement of the Agreement. The parties agree that irreparable damage would occur in the event that any Stockholder did does not perform any of the provisions of this Agreement in accordance with their specific terms or otherwise breached any such provisions. It is accordingly agreed that Parent and Purchaser shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement in addition to any other remedy to which they are entitled at law or in equity. Any and all remedies herein expressly conferred upon Parent and Purchaser will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by Law or equity upon Parent or Purchaser, and the exercise by Parent or Purchaser of any one remedy will not preclude the exercise of any other remedy.

Appears in 1 contract

Samples: Tender and Support Agreement (ELI LILLY & Co)

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