Remedies; Specific Performance. (a) 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 22 contracts
Samples: Agreement and Plan of Merger (Anworth Mortgage Asset Corp), Agreement and Plan of Merger (Ellington Financial Inc.), Iii Agreement and Plan of Merger (Two Harbors Investment Corp.)
Remedies; Specific Performance. (ai) 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 herebyby this Agreement, or by Law law or equity upon such party Party, and the exercise by a party Party of any one remedy will shall not preclude the exercise of any other remedy.
Appears in 9 contracts
Samples: Registration Rights Agreement (FTC Solar, Inc.), Investor Rights Agreement (JAB Holdings B.V.), Investor Rights Agreement (Keurig Dr Pepper Inc.)
Remedies; Specific Performance. (a) 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 or equity upon such party Party, 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 (Churchill Capital Corp II), Asset Purchase Agreement (Williams Industrial Services Group Inc.), Share Purchase Agreement (SMART Global Holdings, Inc.)
Remedies; Specific Performance. (a) 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 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 (Broadview Networks Holdings Inc), Agreement and Plan of Merger (Zayo Group LLC), Agreement and Plan of Merger (Abovenet Inc)
Remedies; Specific Performance. (a) 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 hereto will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by Law or equity upon such party party, and the exercise by a party hereto of any one remedy will not preclude the exercise of any other remedy.
Appears in 4 contracts
Samples: Lockup, and Standstill Agreement (Neogenomics Inc), Stock Purchase Agreement (Neogenomics Inc), Lockup, and Standstill Agreement (General Electric Co)
Remedies; Specific Performance. (a) 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 herebyby this Agreement, or by Law law or equity upon such party 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: Merger and Sponsorship Transaction Agreement (TerraForm Power, Inc.), Voting and Support Agreement (Terraform Global, Inc.), Voting and Support Agreement (TerraForm Power, Inc.)
Remedies; Specific Performance. (a) 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 herebyby this Agreement, or by Law law or equity upon such party 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: Asset Purchase Agreement (Digital Media Solutions, Inc.), Asset Purchase Agreement (Digital Media Solutions, Inc.)
Remedies; Specific Performance. (a) Except as otherwise provided herein, prior to the Closing, 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, or by Law law or equity upon such party Party, and the exercise by a party Party of any one remedy will shall not preclude the exercise of any other remedy.
Appears in 1 contract
Remedies; Specific Performance. (a) Except as otherwise provided hereinin this Agreement, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy expressly conferred hereby, or by Law or equity upon such party and the exercise by a party Party of any one such remedy will not preclude the exercise of any other such remedy.
Appears in 1 contract
Samples: Membership Interest Purchase Agreement (Resource Capital Corp.)
Remedies; Specific Performance. (a) Except as otherwise provided herein, any and prior to the Closing, all remedies herein expressly conferred upon a party will Party shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by Law law or equity upon such party party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedy.
Appears in 1 contract
Samples: Stock and Asset Purchase Agreement (Evolent Health, Inc.)
Remedies; Specific Performance. (a) 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 party, and the exercise by a party of any one remedy will not preclude the exercise of any other remedy.other
Appears in 1 contract
Remedies; Specific Performance. (a) 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 law or equity upon such party party, and the exercise by a party hereto of any one remedy will not preclude the exercise of any other remedy.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Material Sciences Corp)
Remedies; Specific Performance. (a) Except as otherwise provided herein, prior to the Closing, 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, or by Law law or equity upon such party party, and the exercise by a party of any one remedy will shall not preclude the exercise of any other remedy.
Appears in 1 contract
Remedies; Specific Performance. (a) Except as otherwise expressly provided hereinin this Agreement, any and all remedies herein expressly conferred upon a party Party will be deemed cumulative with and not exclusive of any other remedy expressly conferred hereby, or by Law or equity upon such party and the exercise by a party Party of any one such remedy will not preclude the exercise of any other such remedy.
Appears in 1 contract
Samples: Transaction Agreement (Madison Square Garden Entertainment Corp.)
Remedies; Specific Performance. (a) 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 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
Appears in 1 contract
Samples: Agreement and Plan of Merger (Communications Systems Inc)
