Specific Performance; Equitable Relief. The parties hereto agree that irreparable damage would occur if the provisions of this Agreement were not performed in accordance with the terms hereof and that the parties hereto shall be entitled to specific performance and injunctive relief of the terms hereof, in addition to any and all other equitable remedies to which a party hereto may be entitled at law or in equity.
Specific Performance; Equitable Relief. Each of the Parties acknowledges that the other Party hereto will have no adequate remedy at law if it fails to perform any of its obligations under any of the Transaction Documents. In such event, each of the Parties hereto agrees that the other Party hereto shall have the right, in addition to any other rights it may have (whether at law or in equity), to specific performance of this Agreement and to pursue any other equitable remedies including injunction. Each of the Parties hereto may pursue such specific performance or other equitable remedies without going through any of the procedures set forth in Article VII.
Specific Performance; Equitable Relief. The Parties agree that irreparable damage may occur if Section 4.5 of this Agreement were not performed in accordance with the terms hereof and that the Parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy to which they are entitled at law or in equity. Seller agrees that the rights and remedies for noncompliance with Section 4.5 shall include having such provision specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed that any such breach or threatened breach may cause irreparable injury to Purchaser and that money damages may not provide an adequate remedy to Purchaser. Each Party shall, in addition to any and all other rights and remedies under Article 5, be entitled to seek equitable relief, including a temporary restraining order, an injunction, specific performance and any other equitable relief that may be available from a court of competent jurisdiction (without any requirement to post bond).
Specific Performance; Equitable Relief. Seller agrees that irreparable damage for which monetary damages, even if available, would not be an adequate remedy, would occur in the event that Seller does not perform the provisions of this Agreement (including failing to take such actions as are required of it hereunder to consummate this Agreement) in accordance with their specified terms or Seller otherwise breaches such provisions. Seller acknowledges and agrees that Buyer shall be entitled to an injunction, specific performance and other equitable relief to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof, this being in addition to any other remedy to which Buyer is entitled at law or in equity subject to the limitations in this Agreement. Seller agrees that it will not oppose the granting of an injunction, specific performance and other equitable relief on the basis that Buyer has an adequate remedy at law or an award of specific performance is not an appropriate remedy for any reason at law or equity. If Buyer seeks an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement, Buyer shall not be required to provide any bond or other security in connection with any such order or injunction.
Specific Performance; Equitable Relief. Each of the parties hereto acknowledges and agrees that the rights acquired by each party hereunder are unique and that irreparable damage would occur in the event that any of the provisions of this Agreement to be performed by the other party were not performed in accordance with their specific terms or were otherwise breached. Accordingly, in addition to any other remedy to which the parties hereto are entitled at law or in equity, each party hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement by the other party and to enforce specifically the terms and provisions hereof in any federal or state court to which the parties have agreed hereunder to submit to jurisdiction.
Specific Performance; Equitable Relief. Each of the Parties acknowledges that the other party hereto will have no adequate remedy at law if it fails to perform any of its obligations under any of the Transaction Documents. In such event, each of the Parties hereto agrees that the other Party hereto shall have the right, in addition to any other rights it may have (whether at law or in equity), to specific performance of this Agreement and to pursue any other equitable remedies including injunction. Each of the Parties hereto may pursue such specific performance or other equitable remedies without going through any of the procedures set forth in Article VII. [*] = Certain confidential information contained in this document, marked by brackets, is omitted because it is both (i) not material and (ii) would be competitively harmful if publicly disclosed
Specific Performance; Equitable Relief. If a Party defaults on any provision in this Agreement, the non-defaulting Party, at its option, either may (a) in accordance with the applicable provision of this Agreement terminate this Agreement and pursue actual damages or (b) pursue and obtain specific performance and other equitable relief of such defaulting Party’s obligations hereunder (without the necessity of proving irreparable harm or posting a bond or other security). Pursuit of specific performance or other equitable relief shall not prejudice future claims by a Party for actual damages.
Specific Performance; Equitable Relief. Sellers acknowledge and agree that any Breach of this Section IV.E is likely to result in irreparable injury to Company and Purchaser, that monetary damages will be an inadequate remedy of such Breach and that, accordingly, in addition to any other remedy that Purchaser may have, Purchaser shall be entitled to enforce the specific performance of this Section IV.E and to seek both permanent and temporary relief in the event of any Breach or threatened Breach thereof without the necessity of posting bond or proving that there is no adequate remedy at law or imminent irreparable harm to Purchaser. Sellers agree that in addition to any and all other remedies available to Purchaser, an injunction or restraining order or other equitable relief may be issued or ordered by a court of competent jurisdiction restraining any Breach or threatened Breach of this Section IV.E.
Specific Performance; Equitable Relief. The parties agree that their remedies for any breach of this Agreement include, without limitation, specific performance and injunctive relief. Please acknowledge by your signature below that you wish to proceed in accordance with the terms of this proposal and that you agree to be bound by the terms of this agreement. Very truly yours, LEUCADIA NATIONAL CORPORATION By: ------------------------------------- Name: Title: Accepted and Agreed To: THE FINOVA GROUP INC. By: -------------------------------- Name: Title:
Specific Performance; Equitable Relief. A. HumaScan acknowledges that the Assets are unique and for that reason, among others, Scantek will be irreparably damaged in the absence of the consummation of this Agreement. Therefore, in the event of any breach by HumaScan of this Agreement, Scantek shall have the right, at its election, to obtain an order for specific performance of this Agreement, without the need to: (i) post a bond or other security, (ii) to prove any actual damage or (iii) to prove that money damages would not provide an adequate remedy.
