Common use of Specific Performance; Remedies Clause in Contracts

Specific Performance; Remedies. It is understood and agreed by the Parties that money damages would not be a sufficient remedy for any breach of this Agreement by any Party and each non-breaching Party shall be entitled to specific performance and injunctive or other equitable relief (including attorneys’ fees and costs) as a remedy of any such breach, without the necessity of proving the inadequacy of money damages as a remedy, including an order of the Bankruptcy Court requiring any Party to comply promptly with any of its obligations hereunder.

Appears in 8 contracts

Samples: Restructuring Support Agreement (Walter Investment Management Corp), Restructuring Support Agreement (Walter Investment Management Corp), Plan Support Agreement (Midstates Petroleum Company, Inc.)

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Specific Performance; Remedies. It is understood and agreed by the Parties that money damages would not be a sufficient remedy for any breach of this Agreement by any a Party and each the non-breaching Party shall be entitled to specific performance and injunctive or other equitable relief (including attorneys’ fees and costs) as a remedy of any such breach, without the necessity of proving the inadequacy of money damages as a remedyremedy (or the posting of any bond), including an order of the Bankruptcy Court requiring any Party to comply promptly with any of its obligations hereunder.

Appears in 5 contracts

Samples: Plan Support Agreement (PACIFIC GAS & ELECTRIC Co), Plan Support Agreement (PACIFIC GAS & ELECTRIC Co), Plan Support Agreement (PACIFIC GAS & ELECTRIC Co)

Specific Performance; Remedies. It is understood The Parties understand and agreed by the Parties agree that money damages would not be a sufficient an insufficient remedy for any breach of this Agreement by any Party and each non-breaching Party shall be entitled to specific performance and injunctive or other equitable relief (including attorneys’ fees and costs) as a remedy of any such breach, without the necessity of proving the inadequacy of money damages as a remedy, including an order . Each Party hereby waives any requirement for the security or posting of the Bankruptcy Court requiring any Party to comply promptly bond in connection with any of its obligations hereundersuch remedies.

Appears in 4 contracts

Samples: Restructuring Support Agreement, Restructuring Support Agreement (PACIFIC GAS & ELECTRIC Co), Plan Support Agreement (Just Energy Group Inc.)

Specific Performance; Remedies. It is understood and agreed by the Parties that money damages would not be a sufficient remedy for any breach of this Agreement by any Party and each non-breaching Party shall be entitled to seek specific performance and injunctive or other equitable relief (including attorneys’ fees and costs) as a remedy of any such breach, without the necessity of proving the inadequacy of money damages as a remedy, including an order . Each Party hereby waives any requirement for the security or posting of the Bankruptcy Court requiring any Party to comply promptly bond in connection with any of its obligations hereundersuch remedies.

Appears in 4 contracts

Samples: Plan Support Agreement (Paragon Offshore PLC), Plan Support Agreement (Paragon Offshore PLC), Backstop Commitment Agreement

Specific Performance; Remedies. It is understood and agreed by the Parties that money damages would not be a sufficient an insufficient remedy for any breach of this Agreement by any Party and each non-breaching Party shall be entitled to specific performance and injunctive or other equitable relief (including attorneys’ fees and costs) as a remedy of any such breach, without the necessity of proving the inadequacy of money damages as a remedy, including an order . The Parties hereby waive any requirement for the security or posting of the Bankruptcy Court requiring any Party to comply promptly bond in connection with any of its obligations hereundersuch remedies.

Appears in 3 contracts

Samples: Restructuring Support Agreement, Restructuring Support Agreement (Noble Corp), Restructuring Support Agreement

Specific Performance; Remedies. It is understood and agreed by the Parties that money damages would not be a sufficient remedy for any breach of this Agreement by any Party and each non-breaching Party shall be entitled to specific performance and injunctive or other equitable relief (including attorneys’ fees relief. Each Party also agrees that it will not seek, and costs) as will waive any requirement for, the securing or posting of a remedy of any such breach, without the necessity of proving the inadequacy of money damages as a remedy, including an order of the Bankruptcy Court requiring bond in connection with any Party to comply promptly with any of its obligations hereunderseeking or obtaining such relief.

Appears in 2 contracts

Samples: Transaction Support Agreement (ATI Physical Therapy, Inc.), Commitment and Transaction Support Agreement (Sunlight Financial Holdings Inc.)

Specific Performance; Remedies. It is understood and agreed by the Parties that money damages would not be a sufficient remedy for any breach of this Agreement by any Party and each non-breaching Party shall be entitled to specific performance and injunctive or other equitable relief (including attorneys’ fees and costs) as a remedy of any such breach, without the necessity of proving the inadequacy of money damages as a remedy, including an order . Each Party hereby waives any requirement for the security or posting of the Bankruptcy Court requiring any Party to comply promptly bond in connection with any of its obligations hereundersuch remedies.

Appears in 2 contracts

Samples: Restructuring Support Agreement (Fairway Group Holdings Corp), Restructuring Support Agreement (Endeavour International Corp)

Specific Performance; Remedies. It is understood and agreed by the Parties that money damages would not be a sufficient remedy for any breach of this Agreement by any Party and each non-breaching Party shall be entitled to specific performance and injunctive or other equitable relief (including attorneys’ fees and costs) as a remedy of any such breach, without the necessity of proving the inadequacy of money damages as a remedy, including an order of the Bankruptcy Court requiring any Party to comply promptly with any of its obligations hereunder. Each Party hereby waives any requirement for the security or posting of any bond in connection with such remedies.

Appears in 2 contracts

Samples: Restructuring Support Agreement (Core Scientific, Inc./Tx), Restructuring Support Agreement (Core Scientific, Inc./Tx)

Specific Performance; Remedies. It is understood and agreed by the Parties that money damages would not be a sufficient remedy for any breach of this Agreement by any Party and each non-breaching Party shall be entitled to specific performance and injunctive or other equitable relief (including attorneys’ fees and costs) as a remedy of any such breach, without the necessity of proving the inadequacy of money damages as a remedy, including an order of the Bankruptcy Court (if applicable) requiring any Party to comply promptly with any of its obligations hereunder.

Appears in 1 contract

Samples: Restructuring Support Agreement (REVA Medical, Inc.)

Specific Performance; Remedies. It is understood and agreed by the Parties that money damages would not be a sufficient remedy for any breach of this Agreement by any Party and each non-breaching Party shall be entitled to specific performance and injunctive or other equitable relief (including attorneys’ fees and costs) as a the sole and exclusive remedy of any such breach, without the necessity of proving the inadequacy of money damages as a remedy, including an order of the Bankruptcy Court or other court of competent jurisdiction requiring any Party to comply promptly with any of its obligations hereunder.

Appears in 1 contract

Samples: Restructuring Support Agreement (Illinois Power Generating Co)

Specific Performance; Remedies. It is understood and agreed by the Parties that money damages would may not be a sufficient remedy for any a breach of this Agreement by any Party and each non-breaching Party shall be entitled to seek specific performance and injunctive or other equitable relief (including reasonable and documented attorneys’ fees and costs) as a remedy of with respect to any such breach, without the necessity of proving the inadequacy of money damages as a remedy, including an order of the Bankruptcy Court requiring any Party to comply promptly with any of its obligations hereunder.

Appears in 1 contract

Samples: Support Agreement (Halcon Resources Corp)

Specific Performance; Remedies. It is understood The Parties understand and agreed by the Parties agree that money damages would not be a sufficient an insufficient remedy for any breach of this Plan Support Agreement by any Party and each non-breaching Party shall be entitled to specific performance and injunctive or other equitable relief (including attorneys’ fees and costs) as a remedy of any such breach, without the necessity of proving the inadequacy of money damages as a remedy, including an order . Each Party hereby waives any requirement for the security or posting of the Bankruptcy Court requiring any Party to comply promptly bond in connection with any of its obligations hereundersuch remedies.

Appears in 1 contract

Samples: Plan Support Agreement (Memorial Production Partners LP)

Specific Performance; Remedies. It is understood and agreed by the Parties that money damages would not be a sufficient remedy for any breach of this Agreement by any a Party and each the non-breaching Party shall be entitled to specific performance and injunctive or other equitable relief (including attorneys’ fees and costs) as a remedy of any such breach, without the necessity of proving the inadequacy of money damages as a remedy, including an order of the Bankruptcy Court requiring any Party to comply promptly with any of its obligations hereunder.

Appears in 1 contract

Samples: Plan Support Agreement (PACIFIC GAS & ELECTRIC Co)

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Specific Performance; Remedies. It is understood and agreed by the Parties that money damages would not be a sufficient remedy for any breach of this Agreement by any Party and each non-breaching Party shall be entitled to specific performance and injunctive or other equitable relief (including attorneys’ attorneys fees and costs) as a remedy of any such breach, without the necessity of proving the inadequacy of money damages as a remedy, including an order of the Bankruptcy Court requiring any Party to comply promptly with any of its obligations hereunder.

Appears in 1 contract

Samples: Restructuring Support Agreement (Aquilex Holdings LLC)

Specific Performance; Remedies. It is understood and agreed by the Parties that money damages would not be a sufficient remedy for any breach of this Agreement by any Party and each non-breaching Party shall be entitled to specific performance and injunctive or other equitable relief (including attorneys’ fees and costs) as a remedy of any such breach, without the necessity of proving the inadequacy of money damages as a remedy, including an order of the Bankruptcy Court requiring any relief. Each Party to comply promptly with any of its obligations hereunder.also agrees Exhibit 10.1

Appears in 1 contract

Samples: Transaction Support Agreement (ATI Physical Therapy, Inc.)

Specific Performance; Remedies. It is understood and agreed by the Parties that money damages would not be a sufficient remedy for any breach of this Agreement by any Party and each non-breaching Party shall be entitled to specific performance and injunctive or other equitable relief (including attorneys’ fees and costs) as a remedy of for any such breach, without the necessity of proving the inadequacy of money damages as a remedy, including an order . Each Party hereby waives any requirement for the security or posting of the Bankruptcy Court requiring any Party to comply promptly bond in connection with any of its obligations hereundersuch remedies.

Appears in 1 contract

Samples: Restructuring Support Agreement

Specific Performance; Remedies. It is understood and agreed by the Parties that money damages would may not be a sufficient remedy for any breach of this Agreement by any Party and each non-breaching Party shall be entitled to seek specific performance and injunctive or other equitable relief (including attorneys’ attorney’s fees and costs) as a remedy of any such breach, without the necessity of proving the inadequacy of money damages as a remedy, including an order of the Bankruptcy Court requiring any Party to comply promptly with any of its obligations hereunder.

Appears in 1 contract

Samples: Executive Employment Agreement (Goodman Networks Inc)

Specific Performance; Remedies. It is understood and agreed by the Parties that money damages would not be a sufficient remedy for any breach of this Agreement by any Party and each non-breaching Party shall will be entitled to specific performance and injunctive or other equitable relief (including attorneys’ attorneys fees and costs) as a remedy of any such breach, without the necessity of proving the inadequacy of money damages as a remedy, including an order of the Bankruptcy Court requiring any Party to comply promptly with any of its obligations hereunder.

Appears in 1 contract

Samples: Credit Agreement (J Crew Group Inc)

Specific Performance; Remedies. It Subject to Section 22 of this Agreement, it is understood and agreed by the Parties that (a) money damages would not be a sufficient remedy for any breach of this Agreement by any Party and each non-breaching Party shall be entitled to specific performance and injunctive or other equitable relief (including attorneys’ fees and costs) as a remedy of any such breach, breach without the necessity of proving the inadequacy of money damages as a remedy, including an order of the Bankruptcy Court requiring any Party to comply promptly with any of its obligations hereunderhereunder and (b) no remedy other than specific performance shall be available to the non-breaching Party.

Appears in 1 contract

Samples: Restructuring Support Agreement (GSE Holding, Inc.)

Specific Performance; Remedies. It is understood and agreed by the Parties that money damages would not be a sufficient remedy for any breach of this Agreement by any Party and each non-breaching Party shall will be entitled to specific performance and injunctive or other equitable relief (including reasonable and documented attorneys’ fees and costs) as a remedy of any such breach, without the necessity of proving the inadequacy of money damages as a remedy, including an order of the Bankruptcy Court requiring any Party to comply promptly with any of its obligations hereunder.

Appears in 1 contract

Samples: Transaction Support Agreement (Revlon Inc /De/)

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