Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 366 contracts
Samples: Tender Offer Agreement (Sunpower Corp), Agreement and Plan of Merger (Ligand Pharmaceuticals Inc), Agreement and Plan of Merger (Transcend Services Inc)
Other Remedies. Except as otherwise provided herein, any Any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 129 contracts
Samples: Form of Purchase Agreement (Lumenis LTD), Agreement and Plan of Merger (Solarcity Corp), Agreement and Plan of Merger and Reorganization (Planar Systems Inc)
Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy. The parties hereto agree that irreparable damage would 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.
Appears in 93 contracts
Samples: Voting Agreement (NPS Pharmaceuticals Inc), Agreement and Plan of Merger (Sonic Solutions/Ca/), Agreement and Plan of Merger (Coherent Inc)
Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon on such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedyother.
Appears in 87 contracts
Samples: Restricted Stock Agreement (Tvi Corp), Agreement and Plan of Merger and Reorganization (Valeritas Inc), Agreement and Plan of Reorganization (Sonic Solutions/Ca/)
Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon on such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedyother.
Appears in 82 contracts
Samples: Assumption Agreement (W R Grace & Co), Master Closing Agreement (Fluidigm Corp), Assumption Agreement (W R Grace & Co)
Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will shall be deemed cumulative with and not exclusive of any other remedy conferred herebyhereby or by law, or by law or in equity upon on such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedyother.
Appears in 52 contracts
Samples: Restructuring Agreement (Chartermac), Common Stock and Warrant Purchase Agreement (Nexmed Inc), Assignment Agreement (Alliance Pharmaceutical Corp)
Other Remedies. Except as otherwise provided herein, any and all -------------- remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 52 contracts
Samples: Agreement and Plan of Reorganization (Usweb Corp), Agreement and Plan of Reorganization (Genesys Telecommunications Laboratories Inc), Agreement and Plan of Reorganization (Numerical Technologies Inc)
Other Remedies. Except as otherwise provided herein, any Any and all remedies herein expressly conferred upon a party will shall be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, hereby or by law or equity upon on such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedyother.
Appears in 40 contracts
Samples: Registration Rights Agreement (Southwest Casino Corp), Registration Rights Agreement (Entellus Medical Inc), Investor Rights Agreement (Quinstreet, Inc)
Other Remedies. Except as otherwise provided herein, any Any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy. The parties hereto agree that irreparable damage would 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.
Appears in 24 contracts
Samples: Stockholders Agreement (Viasat Inc), Support Agreement, Support Agreement (Hortonworks, Inc.)
Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 23 contracts
Samples: Iv Acquisition Agreement (Fargo Electronics Inc), Contingent Value Rights Agreement (FS Development Holdings II, LLC), Agreement and Plan of Merger (Albireo Pharma, Inc.)
Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon on such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedyother.
Appears in 22 contracts
Samples: Stock Purchase Agreement (Corvel Corp), Purchase Agreement (Landec Corp \Ca\), Agreement and Plan of Merger (Ireland Inc.)
Other Remedies. Except as otherwise expressly provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 19 contracts
Samples: Share Purchase Agreement (Ixys Corp /De/), Securities Purchase Agreement (Nextgen Healthcare, Inc.), Stock Purchase Agreement (Parametric Technology Corp)
Other Remedies. Except as otherwise provided set forth herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 15 contracts
Samples: Agreement and Plan of Merger (Cornerstone OnDemand Inc), Agreement and Plan of Merger (Linkedin Corp), Agreement and Plan of Merger (LightBeam Electric Co)
Other Remedies. Except as otherwise provided herein, any and all -------------- remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon on such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedyother.
Appears in 14 contracts
Samples: Agreement and Plan of Merger (Edge Technology Group Inc), Exchange Agreement (Homestore Com Inc), Stock Purchase Agreement (Saunders & Parker Inc)
Other Remedies. Except as otherwise provided herein, any Any and all remedies herein expressly conferred upon a party will shall be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, hereby or by law or equity upon on such party, and the exercise by a party of any one anyone remedy will shall not preclude the exercise of any other remedyother.
Appears in 11 contracts
Samples: Participation Agreement (Mondial Ventures, Inc.), Share Exchange Agreement (Enigma Software Group, Inc), Participation Agreement (Mondial Ventures, Inc.)
Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law or equity equity, upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 11 contracts
Samples: Registration Rights Agreement (Advanced Technology Industries Inc), Agreement for Purchase (Advanced Technology Industries Inc), Registration Rights Agreement (Advanced Technology Industries Inc)
Other Remedies. Except as otherwise provided herein, any Any and all remedies herein expressly conferred upon a party will shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon on such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedyother.
Appears in 11 contracts
Samples: Merger Agreement and Plan of Reorganization (Omnitek Engineering Corp), Plan and Agreement of Reorganization (Nhancement Technologies Inc), Non Compete and Technology Transfer Agreement (Nhancement Technologies Inc)
Other Remedies. Except as to the extent set forth otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 10 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement (Greenbrier Companies Inc), Stock Purchase Agreement (Tucows Inc /Pa/)
Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law Law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 8 contracts
Samples: Tender Offer Agreement (Jazz Pharmaceuticals PLC), Agreement and Plan of Reorganization (Cypress Semiconductor Corp /De/), Agreement and Plan of Merger (Citrix Systems Inc)
Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon on such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedyother.
Appears in 8 contracts
Samples: Asset Purchase Agreement (Cd Warehouse Inc), Asset Purchase Agreement (Cd Warehouse Inc), Asset Purchase Agreement (Cd Warehouse Inc)
Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a any party of any one remedy will not preclude the exercise of any other remedy.
Appears in 7 contracts
Samples: Agreement and Plan of Reorganization (Storage Computer Corp), Agreement and Plan of Reorganization (Triangle Pharmaceuticals Inc), Amended and Restated Agreement and Plan of Merger (North American Scientific Inc)
Other Remedies. Except as otherwise provided herein, any Any and all remedies herein expressly conferred upon a party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, hereby or by law or equity upon on such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedyother.
Appears in 7 contracts
Samples: Registration Rights Agreement (Artificial Life Inc), Registration Rights Agreement (Vendingdata Corp), Registration Rights Agreement (West Texas Resources, Inc.)
Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.. 9.7
Appears in 7 contracts
Samples: Agreement and Plan of Reorganization (Cypress Semiconductor Corp /De/), Stock Purchase Agreement (Cypress Semiconductor Corp /De/), Agreement and Plan of Reorganization (Cypress Semiconductor Corp /De/)
Other Remedies. Except as otherwise provided set forth herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy. Without prejudice to remedies at law, the parties shall be entitled to specific performance or other equitable relief, including injunctive relief, in the event of a breach or threatened breach of this Agreement.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Surge Holdings, Inc.), Membership Interest Purchase Agreement (Surge Holdings, Inc.), Agreement and Plan of Merger (Millennial Media Inc.)
Other Remedies. Except as otherwise provided herein, any Any and all remedies herein expressly conferred upon a -------------- party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 6 contracts
Samples: Agreement and Plan of Reorganization (Lantronix Inc), Agreement and Plan of Reorganization (Lantronix Inc), Asset Purchase Agreement (Palm Inc)
Other Remedies. Except as to the extent set forth otherwise provided hereinin this Agreement, any and all remedies herein under this Agreement expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law at Law or in equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Morgan Group Holding Co), Agreement and Plan of Merger (Sorrento Therapeutics, Inc.), Asset Purchase Agreement (Mohawk Group Holdings, Inc.)
Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will hereto shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon Law on such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedyother.
Appears in 6 contracts
Samples: Asset Purchase Agreement (Terra Tech Corp.), Asset Purchase Agreement (Terra Tech Corp.), Asset Purchase Agreement (Mystic Holdings Inc./Nv)
Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party hereto will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, hereby or by law or equity upon on such party, ; and the exercise by a party of any one remedy will not preclude the exercise of any other remedyremedy otherwise available at law or in equity.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Security National Financial Corp), Stock Purchase Agreement (Security National Financial Corp), Unit Purchase Agreement (Security National Financial Corp)
Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, hereby or by law or equity upon such party, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 5 contracts
Samples: Asset Purchase Agreement (Inphonic Inc), Asset Purchase Agreement (Inphonic Inc), Asset Purchase Agreement (Inphonic Inc)
Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, hereby or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Cybercash Inc), Agreement and Plan of Merger (Visual Networks Inc), Stock Purchase Agreement (Sequoia Software Corp)
Other Remedies. Except as otherwise provided herein, any and all -------------- remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon on such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedyother.
Appears in 5 contracts
Samples: Escrow Agreement (Netcentives Inc), Agreement and Plan of Reorganization (Brightcube Inc), Agreement and Plan of Merger (Envirogen Inc)
Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Ydi Wireless Inc), Technology Cooperation Agreement (Evergreen Solar Inc), Agreement and Plan of Merger (Ydi Wireless Inc)
Other Remedies. Except as otherwise provided herein, any Any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law Law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 5 contracts
Samples: Share Purchase Agreement (Mimecast LTD), Share Purchase Agreement (Palo Alto Networks Inc), Stock Purchase Agreement (Blackbaud Inc)
Other Remedies. Except as otherwise provided herein, any and -------------- all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon on such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedyother.
Appears in 5 contracts
Samples: Stock Exchange Agreement (Snowball Com Inc), Agreement and Plan of Merger (Atpos Com Inc), 01 Agreement and Plan of Reorganization (Oni Systems Corp)
Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon on such party, ; and the exercise by a party of any one remedy will not preclude the exercise of any other remedyother.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Forefront Group Inc/De), Agreement of Merger (Tunes Com Inc), Stock Purchase Agreement (Willcox & Gibbs Inc /De)
Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, hereby or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 4 contracts
Samples: Unitholders Agreement (FMC Technologies Inc), Asset Purchase Agreement (Protein Polymer Technologies Inc), Stock Purchase Agreement (Pec Solutions Inc)
Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Emtec Inc/Nj), Stock Purchase Agreement (Coachmen Industries Inc), Agreement and Plan of Merger (Coachmen Industries Inc)
Other Remedies. Except as otherwise provided herein, any Any and all remedies herein expressly conferred upon -------------- a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 4 contracts
Samples: Acquisition Agreement (Sun Microsystems Inc), Agreement and Plan of Reorganization (Lantronix Inc), Agreement and Plan of Reorganization (Centillium Communications Inc)
Other Remedies. Except as otherwise provided herein, any -------------- and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon on such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedyother.
Appears in 4 contracts
Samples: Exchange Agreement (Verisign Inc/Ca), Asset Sale Agreement (DCH Technology Inc), Agreement and Plan of Reorganization (Verisign Inc/Ca)
Other Remedies. Except as otherwise provided herein, any and all -------------- remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon on such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedyother. The parties agree that specific performance is an appropriate remedy for a breach of their respective obligations under this Agreement.
Appears in 4 contracts
Samples: Agreement and Plan of Reorganization (Seagate Technology Inc), Agreement and Plan of Reorganization (Seagate Technology Inc), Agreement and Plan of Reorganization (Seagate Software Inc)
Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will Party shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon on such partyParty, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedyother.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Bioblast Pharma Ltd.), Asset Purchase Agreement (Seelos Therapeutics, Inc.), Asset Purchase Agreement (Apricus Biosciences, Inc.)
Other Remedies. Except as otherwise provided herein, any Any and all remedies herein expressly conferred under this Agreement upon a party Party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 3 contracts
Samples: Agreement of Merger (Red Cat Holdings, Inc.), Stock Exchange Agreement (Wetouch Technology Inc.), Membership Interest Purchase Agreement (Grom Social Enterprises, Inc.)
Other Remedies. Except as otherwise provided in Section 12.3 or elsewhere herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon on such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedyother.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Broadbase Software Inc), Agreement and Plan of Merger (Servicesoft Inc), Agreement and Plan of Merger (Broadbase Software Inc)
Other Remedies. Except as otherwise provided hereinherein (including as -------------- set forth in Section 8.2(l)), any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Cobalt Networks Inc), Affiliate Agreement (Inktomi Corp), Affiliate Agreement (Inktomi Corp)
Other Remedies. Except as otherwise provided hereinin this Agreement, any and all remedies herein in this Agreement expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Gilat Satellite Networks LTD), Agreement and Plan of Merger (Comtech Telecommunications Corp /De/), Agreement and Plan of Merger (Gilat Satellite Networks LTD)
Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon on such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedyother. The parties agree that specific performance is an appropriate remedy for a breach of its respective obligations under this Agreement.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Santa Cruz Operation Inc), Agreement and Plan of Reorganization (Caldera Systems Inc), Agreement and Plan of Reorganization (Santa Cruz Operation Inc)
Other Remedies. Except as otherwise expressly provided herein, any and all remedies herein expressly conferred upon a party will hereunder shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon Law on such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedyother.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Gaia, Inc), Stock Purchase Agreement (Schiff Nutrition International, Inc.), Asset Purchase Agreement (Unity Software Inc.)
Other Remedies. Except as otherwise provided herein, and subject to Section 9.3 and Section 10.1, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon on such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedyother.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Ase Test LTD), Asset Purchase Agreement (Advanced Semiconductor Engineering Inc), Agreement and Plan of Reorganization (Flextronics International LTD)
Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party hereto will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party hereto of any one remedy will not preclude the exercise of any other remedy.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Bioceres Crop Solutions Corp.), Implementation Agreement (SunEdison Semiconductor LTD), Agreement and Plan of Merger (Marrone Bio Innovations Inc)
Other Remedies. Except as otherwise provided hereinspecifically set forth herein to the contrary, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Icx Technologies Inc), Acquisition Agreement (Hiland Partners, LP), Stock Purchase Agreement (Uti Worldwide Inc)
Other Remedies. Except as otherwise provided set forth herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one right or remedy hereunder will not preclude the exercise of any other right or remedy.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Gene Logic Inc), Stock Purchase Agreement (Planar Systems Inc), Loan Agreement (Planar Systems Inc)
Other Remedies. Except as otherwise provided herein, any Any and all remedies herein expressly conferred upon a party will shall be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, hereby or by law or equity upon on such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedyother. The parties may seek enforcement of the terms of this Agreement by suit in equity on action at law to protect the rights granted under this Agreement.
Appears in 3 contracts
Samples: Securities Purchase Agreement (Reuter Manufacturing Inc), Securities Purchase Agreement (Tate Michael J), Securities Purchase Agreement (Reissner J L)
Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedy. The parties hereto agree that irreparable damage would 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.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Water Pik Technologies Inc), Asset Purchase Agreement (Marvell Technology Group LTD), Asset Purchase Agreement (Qlogic Corp)
Other Remedies. Except as otherwise provided expressly set forth herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Spreadtrum Communications Inc), Agreement and Plan of Merger (Harmonic Inc), Agreement and Plan of Merger (Shanda Games LTD)
Other Remedies. Except as otherwise provided herein, any Any and all remedies herein expressly conferred upon a party will by this Agreement shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, by this Agreement or by law or equity upon on such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedyother.
Appears in 3 contracts
Samples: Itm Software Development Agreement (Interunion Financial Corp), Itm Software Development Agreement (Interunion Financial Corp), Itm Software Development Agreement (Interunion Financial Corp)
Other Remedies. Except as otherwise provided herein, any Any and all remedies herein expressly conferred -------------- upon a party will shall be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, hereby or by law or equity upon on such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedyother.
Appears in 3 contracts
Samples: Common Stock Purchase Agreement (Peritus Software Services Inc), Preferred Stock Purchase Agreement (Verisign Inc/Ca), Note Purchase and Loan Agreement (Trikon Technologies Inc)
Other Remedies. Except as to the extent set forth otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.other
Appears in 3 contracts
Samples: Cross License Agreement (Arlo Technologies, Inc.), Cross License Agreement (Netgear, Inc), Cross License Agreement (Arlo Technologies, Inc.)
Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party hereunder will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon on such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedyother.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Marketwatch Com Inc), Agreement and Plan of Reorganization (Netopia Inc), Agreement and Plan of Reorganization (Marketwatch Com Inc)
Other Remedies. Except as otherwise provided hereinxxxxxxxx xxxxxn, any and all remedies herein expressly conferred upon a party will shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon on such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedyother.
Appears in 2 contracts
Samples: Escrow Agreement (Phoenix Footwear Group Inc), Escrow Agreement (Phoenix Footwear Group Inc)
Other Remedies. Except as otherwise provided herein, any and -------------- all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Splash Technology Holdings Inc), Agreement and Plan of Reorganization (Tut Systems Inc)
Other Remedies. Except as otherwise provided herein, any and all -------------- remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon on such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedyother.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Cd Warehouse Inc), Agreement (Cd Warehouse Inc)
Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law Law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Alexion Pharmaceuticals, Inc.), Contingent Value Rights Agreement (Alexion Pharmaceuticals, Inc.)
Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one such remedy will not preclude the exercise of any other such remedy.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Catapult Communications Corp), Asset Purchase Agreement (Tekelec)
Other Remedies. Except as otherwise provided herein, any and all -------------- remedies herein expressly conferred upon a party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, hereby or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Trintech Group PLC), Share Purchase Agreement (Software Com Inc)
Other Remedies. Except as otherwise provided herein, any Any and all remedies herein expressly conferred upon a party party, or set forth in Section K of the Summary of Terms to the extent applicable, will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Digital Music Group, Inc.), Agreement and Plan of Reorganization (Digital Music Group, Inc.)
Other Remedies. Except as otherwise provided hereinherein below, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 2 contracts
Samples: Share Purchase Agreement (Simplex Solutions Inc), Agreement and Plan of Reorganization (Va Linux Systems Inc)
Other Remedies. Except as otherwise provided herein, and subject to Section 8.1, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon on such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedyother.
Appears in 2 contracts
Samples: Escrow Agreement (Silicon Image Inc), Escrow Agreement (Silicon Image Inc)
Other Remedies. Except as otherwise provided herein, any and all -------------- remedies herein expressly conferred upon a party will shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon on such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedyother.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Zhone Technologies Inc), Asset Purchase Agreement (Safeguard Scientifics Inc Et Al)
Other Remedies. Except as otherwise provided hereinherein including Sections 7.3 and 7.5, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Silicon Valley Group Inc), Securities Purchase Agreement (Watkins Johnson Co)
Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity (including without limitation specific performance) upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy. The parties hereto agree that irreparable damage would 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.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Palo Alto Acquisition CORP), Stock Purchase Agreement (Nstor Technologies Inc)
Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.. IX.8
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Tangible Asset Galleries Inc), Agreement and Plan of Merger (Tangible Asset Galleries Inc)
Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, hereby or by law or equity upon on such party, and the exercise by a party of any one right or remedy will not preclude the exercise of any other right or remedy.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Versant Corp), Agreement and Plan of Reorganization (HNC Software Inc/De)
Other Remedies. Except as otherwise provided herein, any and all remedies -------------- herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Phazar Corp), Agreement and Plan of Merger (Phazar Corp)
Other Remedies. Except as otherwise provided set forth herein, any and all remedies herein expressly conferred upon a party will shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedy.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Accolade, Inc.), Agreement and Plan of Merger (Compass Group Diversified Holdings LLC)
Other Remedies. Except as otherwise provided hereinherein (including, without limitation Sections 11.5(c) and 11.5(d)), any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 2 contracts
Samples: Purchase Agreement (Gencorp Inc), Purchase Agreement (American Pacific Corp)
Other Remedies. Except as otherwise provided herein, any and all remedies -------------- herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Level 8 Systems), Agreement and Plan of Amalgamation (Numerical Technologies Inc)
Other Remedies. Except as otherwise provided herein, any and -------------- all remedies herein expressly conferred upon a party will shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon on such party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedyother.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Zhone Technologies Inc), Touchscript Master License Agreement (Allscripts Inc /Il)
Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon on such party, and the exercise by a party of any one right or remedy will not preclude the exercise of any other right or remedy.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (HNC Software Inc/De), Agreement and Plan of Reorganization (HNC Software Inc/De)
Other Remedies. Except as otherwise provided herein, any and all --------------- remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Gateway International Holdings Inc), Agreement and Plan of Reorganization (Rich Earth Inc)
Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon on such partyParty, and the exercise by a party of any one remedy will not preclude the exercise of any other remedyother.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Tvi Corp), Employment Agreement (Access Beyond Inc)
Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, hereby or by law or equity upon on such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedyother.
Appears in 2 contracts
Samples: Agreement of Merger, Asset Purchase Agreement (Covista Communications Inc)
Other Remedies. Except as otherwise provided herein, any Any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon on such party, ; and the exercise by a party of any one remedy will not preclude the exercise of any other remedyother.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Infinite Graphics Inc), Master Asset Purchase Agreement (Dupont Photomasks Inc)
Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy. The Parties hereto agree that irreparable damage would 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.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Peco Ii Inc), Asset Purchase Agreement (Peco Ii Inc)
Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon on such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.other. The parties agree that specific performance is an appropriate remedy for a breach of their respective obligations under this Agreement. 14.6
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Seagate Software Inc), Agreement and Plan of Reorganization (Seagate Software Inc)
Other Remedies. Except as otherwise provided herein, any -------------- and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon on such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedyother. The parties agree that specific performance is an appropriate remedy for a breach of its respective obligations under this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Tarantella Inc), Agreement and Plan of Reorganization (Tarantella Inc)
Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.. 10.7
Appears in 2 contracts
Samples: Stock Purchase Agreement (Amazing Technologies Corp.), Stock Purchase Agreement (Amazing Technologies Corp.)
Other Remedies. Except as otherwise provided hereinherein (including as set forth in Section 8.2(l)), any and all remedies herein expressly conferred upon a party will be deemed cumulative with exclusive, and not exclusive of no party hereto shall have any other remedy conferred hereby, or by law or equity upon such party, and where a remedy or remedies have been expressly conferred upon such party herein. No party shall be able to avoid the exercise by a party of any one remedy will not preclude the exercise of any other remedylimitations expressly set forth in Article VIII.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Niku Corp), Voting Agreement (Niku Corp)
Other Remedies. Except as otherwise provided set forth herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy. Without prejudice to remedies at law, the parties shall be entitled to specific performance in the event of a breach or threatened breach of this Agreement.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Revolution Lighting Technologies, Inc.), Agreement and Plan of Merger (Cafepress Inc.)
Other Remedies. Except as otherwise provided herein, any Any and all remedies herein expressly conferred upon a party will hereto shall be deemed cumulative with with, and not exclusive of of, any other remedy conferred hereby, or by law or equity upon such partyparty or parties, and the exercise by a party hereto of any one remedy will not preclude the exercise of any other remedy.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Celeritek Inc/Ca), Asset Purchase Agreement (Celeritek Inc/Ca)
Other Remedies. Except as otherwise provided herein, any -------------- and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 2 contracts
Samples: Big Stuff Agreement (Advanced Communications Group Inc/De/), Web Yp Agreement (Advanced Communications Group Inc/De/)
Other Remedies. Except as to the extent set forth otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Teradata Corp /De/), Asset Purchase Agreement (Ballantyne Strong, Inc.)
Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will Party shall be deemed cumulative with and not exclusive of any other remedy conferred herebyhereby or by law, or by law or in equity upon on such partyParty, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedyother.
Appears in 2 contracts
Samples: Unit Purchase Agreement (NovaCopper Inc.), Unit Purchase Agreement (Novagold Resources Inc)
Other Remedies. Except as otherwise expressly provided herein, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such partyParty, and the exercise by a party Party of any one remedy will not preclude the exercise of any other remedy.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Western Digital Corp), Asset Purchase Agreement (Komag Inc /De/)
Other Remedies. Except as otherwise provided hereinherein (including as set -------------- forth in Section 8.2(l)), any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Seagate Technology Malaysia Holding Co Cayman Islands), Agreement and Plan of Reorganization (Seagate Technology Inc)
Other Remedies. Except as otherwise expressly provided herein, any and all remedies herein expressly conferred upon a party will Party hereunder shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon on such partyParty, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedyother.
Appears in 2 contracts
Samples: Contribution Agreement (Yandex N.V.), Share Exchange Agreement (Trident Microsystems Inc)
Other Remedies. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law Law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy. The parties hereto agree that irreparable damage would 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.
Appears in 2 contracts
Samples: Share Exchange Agreement (Trans-India Acquisition Corp), Plan of Reorganization and Share Exchange Agreement (Hartcourt Companies Inc)
Other Remedies. Except as otherwise provided herein, any and all -------------- remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, hereby or by law or equity upon on such party, ; and the exercise by a party of any one remedy will not preclude the exercise of any other remedyother.
Appears in 2 contracts
Samples: Agreement and Plan (Firstamerica Automotive Inc /De/), Affiliates Agreement (Telegen Corp /Co/)
Other Remedies. Except as otherwise provided hereinherein (including as set forth in Section 8.2(l)), any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 2 contracts
Samples: Agreement and Plan of Reorganization (Artisan Components Inc), Agreement and Plan of Reorganization (Informix Corp)
Other Remedies. Except as otherwise provided set forth herein, any and all remedies herein expressly conferred upon a party hereto will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such partyparty hereto, and the exercise by a party hereto of any one remedy will not preclude the exercise of any other remedy.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Capnia, Inc.), Agreement and Plan of Merger (Celldex Therapeutics, Inc.)
Other Remedies. Except as otherwise provided herein, herein or in the any and all remedies herein expressly conferred upon a party will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by law or equity upon such party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
