Common use of Specific Performance and Remedies Clause in Contracts

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

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Commercial Capital Bancorp Inc), Parent Shareholder Agreement (Commercial Capital Bancorp Inc)

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

Appears in 1 contract

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

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

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (MortgageIT Holdings, Inc.)

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

Appears in 1 contract

Samples: Agreement and Plan of Merger (Sb One Bancorp)

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