Common use of Injunction; Specific Performance Clause in Contracts

Injunction; Specific Performance. The Company acknowledges and agrees that (a) a Conveyance Default or threatened Conveyance Default by a Company Affiliate would give rise to irreparable harm to the Founder Parties for which monetary damages would not be an adequate remedy and (b) on the date that is 10 days from the date of any uncured Conveyance Default, in addition to any and all other rights and remedies that may be available to the Founder Parties at law, in equity or otherwise, Founder shall be entitled to equitable relief, including injunction, specific performance (including compelling the Company Affiliates to convey the subject Property at a price as agreed under the Program Documents), any successor instruments thereto or any other relevant agreements between the parties, pursuant to which the Company was obligated to convey a Homesite to Founder, and any other relief that may be available from a court of competent jurisdiction, without requirement to (i) post a bond or other security or (ii) prove actual damages or that monetary damages will not afford adequate remedy. The Company agrees that it will not oppose or otherwise challenge the appropriateness of equitable relief or the entry by a court of competent jurisdiction of an order granting such equitable relieve, in each case, consistent with the terms of this Section 4.01.

Injunction; Specific Performance. The Company acknowledges and agrees that (a) a Conveyance Default or threatened Conveyance Default by a Company Affiliate would give rise to irreparable harm to the Founder Parties for which monetary damages would not be an adequate remedy and (b) on the date that is 10 days from the date of any uncured Conveyance Default, in addition to any and all other rights and remedies that may be available to the Founder Parties at law, in equity or otherwise, Founder shall be entitled to equitable relief, including injunction, specific performance (including compelling the Company Affiliates to convey the subject Property at a price and pursuant to such terms as agreed under the Program Documents), any successor instruments thereto or any other relevant agreements between the parties, pursuant to which the Company was obligated to convey a Homesite to Founder, and any other relief that may be available from a court of competent jurisdiction, without requirement to (i) post a bond or other security or (ii) prove actual damages or that monetary damages will not afford adequate remedy. The Company agrees that it will not oppose or otherwise challenge the appropriateness of equitable relief or the entry by a court of competent jurisdiction of an order granting such equitable relieve, in each case, consistent with the terms of this Section 4.01.