Common use of Remedies Cumulative; Specific Performance Clause in Contracts

Remedies Cumulative; Specific Performance. All rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available. Each party to this Agreement agree that, in the event of any breach or threatened breach by the other party of any covenant, obligation or other provision set forth in this Agreement: (a) such party will be entitled, without any proof of actual damages (and in addition to any other remedy that may be available to it) to: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such party will not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.

Appears in 5 contracts

Samples: Agreement and Plan of Merger and Reorganization (Senseonics Holdings, Inc.), Agreement and Plan of Merger and Reorganization (Alliqua BioMedical, Inc.), Agreement and Plan of Merger and Reorganization (Neothetics, Inc.)

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Remedies Cumulative; Specific Performance. All rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available. Each party to this Agreement agree agrees that, in the event of any breach or threatened breach by the other party of any covenant, obligation or other provision set forth in this Agreement: (a) such party will be entitled, without any proof of actual damages (and in addition to any other remedy that may be available to it) to: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such party will not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.

Appears in 4 contracts

Samples: Agreement and Plan of Merger and Reorganization (DropCar, Inc.), Agreement and Plan of Merger (Neurotrope, Inc.), Agreement and Plan of Merger and Reorganization (Myos Rens Technology Inc.)

Remedies Cumulative; Specific Performance. All rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available. Each party Party to this Agreement agree that, in the event of any breach or threatened breach by the other party Party of any covenant, obligation or other provision set forth in this Agreement: (a) such party Party will be entitled, without any proof of actual damages (and in addition to any other remedy that may be available to it) to: (i) a decree or order an Order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such party Party will not be required to provide any bond or other security in connection with any such decree, order or injunction Order or in connection with any related action or Legal Proceeding.

Appears in 3 contracts

Samples: Agreement and Plan of Merger and Reorganization (Brain Scientific Inc.), Agreement and Plan of Merger and Reorganization, Agreement and Plan of Merger and Reorganization (NEUROONE MEDICAL TECHNOLOGIES Corp)

Remedies Cumulative; Specific Performance. All Except for the matters described in Section 8.3(d) as exclusive remedies, all rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available. Each party to this Agreement agree Party agrees that, in the event of any breach or threatened breach by the other party another Party of any covenant, obligation or other provision set forth in this Agreement: (a) such party first Party will be entitled, without any proof of actual damages (and in addition to any other remedy that may be available to it) to: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such party first Party will not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.

Appears in 2 contracts

Samples: Share Exchange Agreement (Biodel Inc), Share Exchange Agreement (Biodel Inc)

Remedies Cumulative; Specific Performance. All rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available. Each party to this Agreement agree Party agrees that, in the event of any breach or threatened breach by the other party Party of any covenant, obligation or other provision set forth in this Agreement: (a) such party first Party will be entitled, without any proof of actual damages (and in addition to any other remedy that may be available to it) to: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such party first Party will not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.

Appears in 2 contracts

Samples: Securities Exchange Agreement (Blackboxstocks Inc.), Share Exchange Agreement (Blackboxstocks Inc.)

Remedies Cumulative; Specific Performance. All rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available. Each party Party to this Agreement agree that, in the event of any breach or threatened breach by the other party Party of any covenant, obligation or other provision set forth in this Agreement: (a) such party Party will be entitled, without any proof of actual damages (and in addition to any other remedy that may be available to it) to: (i) a decree or order Order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such party Party will not be required to provide any bond or other security in connection with any such decree, order Order or injunction or in connection with any related action or Legal Proceeding.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Wavedancer, Inc.)

Remedies Cumulative; Specific Performance. All Except for the matters described in Section 8.3(e) as exclusive remedies, all rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available. Each party to this Agreement agree Party agrees that, in the event of any breach or threatened breach by the other party another Party of any covenant, obligation or other provision set forth in this Agreement: (a) such party first Party will be entitled, without any proof of actual damages (and in addition to any other remedy that may be available to it) to: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such party first Party will not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.

Appears in 1 contract

Samples: Share Exchange Agreement (Spring Bank Pharmaceuticals, Inc.)

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Remedies Cumulative; Specific Performance. All rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available. Each party to this Agreement agree Party agrees that, in the event of any breach or threatened breach by the other party another Party of any covenant, obligation or other provision set forth in this Agreement: (a) such party first Party will be entitled, without any proof of actual damages (and in addition to any other remedy that may be available to it) to: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such party first Party will not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.

Appears in 1 contract

Samples: Share Exchange Agreement (GBS Inc.)

Remedies Cumulative; Specific Performance. All rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available. Each party Party to this Agreement agree that, in the event of any breach or threatened breach by the other party Party of any covenant, obligation or other provision set forth in this Agreement: (a) such party Party will be entitled, without any proof of actual damages (and in addition to any other remedy that may be available to it) to: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such party Party will not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Zev Ventures Inc.)

Remedies Cumulative; Specific Performance. All rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available. Each party Party to this Agreement agree agrees that, in the event of any breach or threatened breach by the other party Party of any covenant, obligation or other provision set forth in this Agreement: (a) such party Party will be entitled, without any proof of actual damages (and in addition to any other remedy that may be available to it) to: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such party Party will not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Ohr Pharmaceutical Inc)

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