Common use of Specific Performance and Remedies Clause in Contracts

Specific Performance and Remedies. Stockholder acknowledges that it will be impossible to measure in money the damage to Parent if Stockholder fails to comply with the obligations imposed by this Agreement and that, in the event of any such failure, Parent will not have an adequate remedy at law or in equity. Accordingly, Stockholder agrees that injunctive relief or other equitable remedy, in addition to remedies at law or in damages, is the appropriate remedy for any such failure and will not oppose the granting of such relief on the basis that Parent has an adequate remedy at law. Stockholder agrees that Stockholder will not seek, and agrees to waive any requirement for, the securing or posting of a bond in connection with Parent's seeking or obtaining such equitable relief. In addition, after discussing the matter with Stockholder, Parent shall have the right to inform any third party that Parent reasonably believes to be, or to be contemplating, participating with Stockholder or receiving from Stockholder assistance in violation of this Agreement, of the terms of this Agreement and of the rights of Parent hereunder, and that participation by any such persons with Stockholder in activities in violation of Stockholder's agreement with Parent set forth in this Agreement may give rise to claims by Parent against such third party.

Appears in 1 contract

Samples: Voting Agreement (Abington Bancorp Inc)

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Specific Performance and Remedies. Stockholder Shareholder acknowledges that it will be impossible to measure in money the damage to Parent Emclaire if Stockholder Shareholder fails to comply with the obligations imposed by this Agreement and that, in the event of any such failure, Parent Emclaire will not have an adequate remedy at law or in equity. Accordingly, Stockholder Shareholder agrees that injunctive relief or other equitable remedy, in addition to remedies at law or in damages, is the appropriate remedy for any such failure and will not oppose the granting of such relief on the basis that Parent Emclaire has an adequate remedy at law. Stockholder Shareholder agrees that Stockholder Shareholder will not seek, and agrees to waive any requirement for, the securing or posting of a bond in connection with Parent's Emclaire’s seeking or obtaining such equitable relief. In addition, after discussing the matter with StockholderShareholder, Parent Emclaire shall have the right to inform any third party that Parent Emclaire reasonably believes to be, or to be contemplating, participating with Stockholder Shareholder or receiving from Stockholder Shareholder assistance in violation of this Agreement, of the terms of this Agreement and of the rights of Parent Emclaire hereunder, and that participation by any such persons with Stockholder Shareholder in activities in violation of Stockholder's Shareholder’s agreement with Parent Emclaire set forth in this Agreement may give rise to claims by Parent Emclaire against such third party.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Emclaire Financial Corp)

Specific Performance and Remedies. Stockholder Shareholder acknowledges that it will be impossible to measure in money the damage to Parent CCBI if Stockholder Shareholder fails to comply with the obligations imposed by this Agreement and that, in the event of any such failure, Parent CCBI will not have an adequate remedy at law or in equity. Accordingly, Stockholder Shareholder agrees that injunctive relief or other equitable remedy, in addition to remedies at law or in damages, is the appropriate remedy for any such failure and will not oppose the granting of such relief on the basis that Parent has CCBI may have an adequate remedy at law. Stockholder Shareholder agrees that Stockholder Shareholder will not seek, and agrees to waive any requirement for, the securing or posting of a bond in connection with Parent's CCBI’s seeking or obtaining such equitable relief. In addition, after discussing the matter with StockholderShareholder, Parent CCBI shall have the right to inform any third party that Parent CCBI reasonably believes to be, or to be contemplating, participating with Stockholder Shareholder or receiving from Stockholder Shareholder assistance in violation of this Agreement, of the terms of this Agreement and of the rights of Parent CCBI hereunder, and that participation by any such persons with Stockholder Shareholder in activities in violation of Stockholder's Shareholder’s agreement with Parent CCBI set forth in this Agreement may give rise to claims by Parent CCBI against such third party.

Appears in 1 contract

Samples: Calnet Shareholder Agreement (Commercial Capital Bancorp Inc)

Specific Performance and Remedies. Stockholder Shareholder acknowledges that it will be impossible to measure in money the damage to Parent ICG if Stockholder Shareholder fails to comply with the obligations imposed by this Agreement and that, in the event of any such failure, Parent ICG will not have an adequate remedy at law or in equitydamages. Accordingly, Stockholder Shareholder agrees that injunctive relief or other equitable remedy, in addition to remedies at law or in damages, is the appropriate remedy for any such failure and will not oppose the granting of such relief on the basis that Parent ICG has an adequate remedy at law. Stockholder Shareholder agrees that Stockholder it will not seek, and agrees to waive any requirement for, the securing or posting of a bond in connection with ParentICG's seeking or obtaining such equitable relief. In addition, after discussing the matter with StockholderShareholder, Parent ICG shall have the right to inform any third party that Parent ICG reasonably believes to be, or to be contemplating, participating with Stockholder Shareholder or receiving from Stockholder Shareholder assistance in violation of this Agreement, of the terms of this Agreement and of the rights of Parent ICG hereunder, and that participation by any such persons with Stockholder Shareholder in activities in violation of StockholderShareholder's agreement with Parent ICG set forth in this Agreement may give rise to claims by Parent ICG against such third party.

Appears in 1 contract

Samples: Shareholder Agreement (Intellect Capital Group LLC)

Specific Performance and Remedies. Stockholder Shareholder acknowledges that it --------------------------------- will be impossible to measure in money the damage to Parent the Company if Stockholder Shareholder fails to comply with the obligations imposed by this Agreement and that, in the event of any such failure, Parent the Company will not have an adequate remedy at law or in equity. Accordingly, Stockholder Shareholder agrees that injunctive relief or other equitable remedy, in addition to remedies at law or in damages, is the appropriate remedy for any such failure and will not oppose the granting of such relief on the basis that Parent the Company has an adequate remedy at law. Stockholder Shareholder agrees that Stockholder Shareholder will not seek, and agrees to waive any requirement for, the securing or posting of a bond in connection with Parentthe Company's seeking or obtaining such equitable relief. In addition, after discussing the matter with StockholderShareholder, Parent the Company shall have the right to inform any third party that Parent the Company reasonably believes to be, or to be contemplating, participating with Stockholder Shareholder or receiving from Stockholder Shareholder assistance in violation of this Agreement, of the terms of this Agreement and of the rights of Parent the Company hereunder, and that participation by any such persons with Stockholder Shareholder in activities in violation of StockholderShareholder's agreement with Parent the Company set forth in this Agreement may give rise to claims by Parent the Company against such third party.

Appears in 1 contract

Samples: Shareholder Agreement (Chester Valley Bancorp Inc)

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Specific Performance and Remedies. Stockholder Shareholder acknowledges that it will be impossible to measure in money the damage to Parent Ion MHC if Stockholder Shareholder fails to comply with the obligations imposed by this Agreement and that, in the event of any such failure, Parent Ion MHC will not have an adequate remedy at law or in equity. Accordingly, Stockholder Shareholder agrees that injunctive relief or other equitable remedy, in addition to remedies at law or in damages, is the appropriate remedy for any such failure and will not oppose the granting of such relief on the basis that Parent Ion MHC has an adequate remedy at law. Stockholder Shareholder agrees that Stockholder Shareholder will not seek, and agrees to waive any requirement for, the securing or posting of a bond in connection with Parent's Ion MHC’s seeking or obtaining such equitable relief. In addition, after discussing the matter with StockholderShareholder, Parent Ion MHC shall have the right to inform any third party that Parent Ion MHC reasonably believes to be, or to be contemplating, participating with Stockholder Shareholder or receiving from Stockholder Shareholder assistance in violation of this Agreement, of the terms of this Agreement and of the rights of Parent Ion MHC hereunder, and that participation by any such persons with Stockholder Shareholder in activities in violation of Stockholder's Shareholder’s agreement with Parent Ion MHC set forth in this Agreement may give rise to claims by Parent Ion MHC against such third party.

Appears in 1 contract

Samples: Agreement and Plan of Merger

Specific Performance and Remedies. Stockholder Shareholder acknowledges ------------------------------------ that it will be impossible to measure in money the damage to Parent ICG if Stockholder Shareholder fails to comply with the obligations imposed by this Agreement and that, in the event of any such failure, Parent ICG will not have an adequate remedy at law or in equitydamages. Accordingly, Stockholder Xxxxxxxxxxx agrees that injunctive relief or other equitable remedy, in addition to remedies at law or in damages, is the appropriate remedy for any such failure and will not oppose the granting of such relief on the basis that Parent ICG has an adequate remedy at law. Stockholder Shareholder agrees that Stockholder it will not seek, and agrees to waive any requirement for, the securing or posting of a bond in connection with ParentICG's seeking or obtaining such equitable relief. In addition, after discussing the matter with StockholderShareholder, Parent ICG shall have the right to inform any third party that Parent ICG reasonably believes to be, or to be contemplating, participating with Stockholder Shareholder or receiving from Stockholder Shareholder assistance in violation of this Agreement, of the terms of this Agreement and of the rights of Parent ICG hereunder, and that participation by any such persons with Stockholder Shareholder in activities in violation of StockholderShareholder's agreement with Parent ICG set forth in this Agreement may give rise to claims by Parent ICG against such third party.

Appears in 1 contract

Samples: Shareholder Agreement (Photoloft Com)

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