Common use of Specific Performance Clause in Contracts

Specific Performance. The Parties hereto agree that irreparable damage would occur in the event any provision 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 at law or equity.

Appears in 32 contracts

Samples: Purchase Agreement (Home Inns & Hotels Management Inc.), Subscription Agreement (Sunlands Online Education Group), Purchase Agreement (China Mobile Games & Entertainment Group LTD)

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Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of the provisions of this Agreement were not performed in accordance with the terms hereof and that the Parties parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or in equity.

Appears in 31 contracts

Samples: Stock Purchase Agreement (Transgenomic Inc), Asset Purchase Agreement (Armada Hoffler Properties, Inc.), Stockholder Agreement (New Image Industries Inc)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were was not performed in accordance with the terms hereof and that the Parties parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or in equity. Each of the parties hereby further waives (a) any defense in any action for specific performance that a remedy at law would be adequate and (b) any requirement under any Law to post security or a bond as a prerequisite to obtaining equitable relief.

Appears in 29 contracts

Samples: Registration Rights and Lock Up Agreement (Kensington Capital Acquisition Corp.), Form of Registration Rights Agreement (Prospector Capital Corp.), Lock Up Agreement (Wallbox B.V.)

Specific Performance. The Parties hereto parties each agree that irreparable damage would occur in the event that any provision of the provisions of this Agreement were not performed by them in accordance with the terms hereof hereof, and that the Parties each party shall be entitled to seek specific performance of the terms hereof, without the necessity of posting any bond or of proving any damages, in addition to any other remedy at law Law or equity.

Appears in 25 contracts

Samples: Tender and Voting Agreement (Universal Hospital Services Inc), Tender and Voting Agreement (Carlisle Companies Inc), Tender and Voting Agreement (Universal Hospital Services Inc)

Specific Performance. The Parties hereto agree that irreparable damage would occur in the event that any provision of the provisions of this Agreement were not performed in accordance with the terms hereof and their specific terms. It is accordingly agreed that the Parties shall be entitled to seek specific performance of the terms hereof, this being in addition to any other remedy remedies to which they are entitled at law or equity.

Appears in 24 contracts

Samples: Stock Purchase Agreement (Broadway Financial Corp \De\), Stock Purchase Agreement (Broadway Financial Corp \De\), Stock Purchase Agreement (Broadway Financial Corp \De\)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were was not performed in accordance with the terms hereof and that the Parties parties hereto shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law Law or in equity.

Appears in 23 contracts

Samples: Stockholders Agreement (Intac International Inc), Operating Agreement (Digital Cinema Destinations Corp.), Stockholders’ Agreement (Parking REIT, Inc.)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of the provisions of this Agreement were not to be performed in accordance with the terms hereof and that the Parties parties shall be entitled to specific performance of the terms hereof, hereof in addition to any other remedy remedies at law Law or in equity.

Appears in 21 contracts

Samples: Agreement and Plan of Merger (Tularik Inc), Consent and Support Agreement (LCE Mexican Holdings, Inc.), Agreement and Plan of Merger (Supervalu Inc)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event that any provision of the provisions of this Agreement were not performed in accordance with the terms hereof and that the Parties parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or in equity.

Appears in 19 contracts

Samples: Waiver Agreement (Styleclick Com Inc), Waiver Agreement (Styleclick Com Inc), Voting and First Offer Agreement (Styleclick Com Inc)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were not performed in accordance with the terms hereof and that the Parties parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or in equity, without necessity of proof that there is no adequate remedy at law or requirement to post any security bond.

Appears in 18 contracts

Samples: Tender and Voting Agreement (Sungard Data Systems Inc), Tender and Voting Agreement (Starbase Corp), Voting and Lock Up Agreement (RMH Teleservices Inc)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were is not performed in accordance with the terms hereof and that the Parties parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 17 contracts

Samples: Investment Agreement (Stewart W P & Co LTD), Ownership Limit Waiver Agreement (Newkirk Master Lp), Exclusivity Services Agreement (Lexington Realty Trust)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event that any provision of this Agreement were was not performed in accordance with the terms hereof and that the Parties shall parties will be entitled to specific performance of the terms hereof, hereof in addition to any other remedy at law Law or equity.

Appears in 15 contracts

Samples: Securities Purchase Agreement (Smart for Life, Inc.), Divestiture Agreement (Victory Energy Corp), Stock Purchase Agreement (Security Capital Corp/De/)

Specific Performance. The Parties hereto parties agree that irreparable damage would occur in the event that any provision of the provisions of this Agreement were not performed in accordance with the terms hereof and their specific terms. It is accordingly agreed that the Parties parties shall be entitled to specific performance of the terms hereofhereof without the necessity of providing any bond or other security, this being in addition to any other remedy remedies to which they are entitled at law or equity.

Appears in 14 contracts

Samples: Secondary Sale Purchaser Agreement (Anchor Bancorp Wisconsin Inc), Stock Purchase Agreement (Anchor Bancorp Wisconsin Inc), Stock Purchase Agreement (Anchor Bancorp Wisconsin Inc)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of the provisions of this Agreement were not to be performed in accordance with the terms hereof and that the Parties parties shall be entitled to seek specific performance of the terms hereof, hereof in addition to any other remedy remedies at law or in equity.

Appears in 13 contracts

Samples: Contribution Agreement (Johnson Outdoors Inc), Voting Agreement (Genaissance Pharmaceuticals Inc), Consent and Support Agreement (United Surgical Partners International Inc)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were was not performed in accordance with the terms hereof and that the Parties parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equityequity without the necessity of demonstrating the inadequacy of monetary damages.

Appears in 13 contracts

Samples: Share Purchase and Subscription Agreement (Ticketmaster), Asset Purchase Agreement (Liquidity Services Inc), Agreement and Plan of Merger (Improvenet Inc)

Specific Performance. The Parties hereto agree that irreparable damage would occur in the event if any provision 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. Each Party hereto: (a) agrees that it shall not oppose the granting of such specific performance or relief; and (b) hereby irrevocably waives any requirements for the security or posting of any bond in connection with such relief.

Appears in 13 contracts

Samples: Membership Interest Purchase Agreement (La Rosa Holdings Corp.), Membership Interest Purchase Agreement (La Rosa Holdings Corp.), Membership Interest Purchase Agreement (La Rosa Holdings Corp.)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were was not performed in accordance with the terms hereof and that that, after the Parties Distribution, the parties shall be entitled to specific performance of the terms hereofhereof to the extent such terms impose obligations that are to be performed after the Distribution, in addition to any other remedy at law or in equity.

Appears in 13 contracts

Samples: Employee Matters Agreement (WHITEWAVE FOODS Co), Employee Matters Agreement (Dean Foods Co), Employee Matters Agreement (Fairpoint Communications Inc)

Specific Performance. The Parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were are not performed in accordance with the terms hereof and that the Parties hereof. Accordingly, each Party shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 12 contracts

Samples: Option Agreement (Solar Power, Inc.), Option Agreement (Solar Power, Inc.), Option Agreement

Specific Performance. The Parties hereto agree that irreparable damage would occur in the event that any provision of this Agreement were was not performed in accordance with the terms hereof and that the Parties shall be entitled to specific performance of the terms hereof, without the necessity of proving irreparable damage or posting a bond, in addition to any other remedy at law or equity.

Appears in 11 contracts

Samples: Shared Services Agreement (Covisint Corp), Registration Rights Agreement (Covisint Corp), Registration Rights Agreement (Covisint Corp)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of the provisions of this Agreement were not performed in accordance with the terms hereof and that the Parties parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law Law or equity.

Appears in 11 contracts

Samples: Stock Purchase Agreement (KMG America CORP), Agreement and Plan of Merger (Bank Building Corp), Stock Purchase Agreement (KMG America CORP)

Specific Performance. The Parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were was 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 at law Law or equity.

Appears in 11 contracts

Samples: Share Exchange Agreement (PetLife Pharmaceuticals, Inc.), Agreement and Plan of Merger (Findex Com Inc), Share Exchange Agreement (Eco Ventures Group, Inc.)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of the provisions of this Agreement were not to be performed in accordance with the terms hereof and that the Parties parties shall be entitled to specific performance of the terms hereof, hereof in addition to any other remedy remedies at law or in equity. Each party agrees to waive any requirement for the posting of, or securing of, a bond in connection with any such remedy.

Appears in 11 contracts

Samples: Agreement and Plan of Merger (Beckman Coulter Inc), Agreement and Plan of Merger (Ligand Pharmaceuticals Inc), Agreement and Plan of Merger (Ligand Pharmaceuticals Inc)

Specific Performance. The Parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were was not performed in accordance with the terms hereof thereof and that that, prior to the termination of this Agreement pursuant to its terms, the Parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 11 contracts

Samples: Transaction Agreement (SMART Modular Technologies (WWH), Inc.), Master Agreement (Tower Semiconductor LTD), Asset Purchase Agreement (Varian Inc)

Specific Performance. The Parties hereto agree that irreparable damage would occur in the event if any provision of this Agreement were not performed in accordance with the terms hereof and that the Parties shall be entitled to seek specific performance of the terms hereof, in addition to any other remedy to which they are entitled at law or in equity.

Appears in 10 contracts

Samples: Purchase and Assignment Agreement, Purchase and Assignment Agreement (Crossroads Systems Inc), Securities Purchase Agreement (Excelerate Energy, Inc.)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were was not performed in accordance with the terms hereof and that the Parties parties shall be entitled to the remedy of specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 10 contracts

Samples: Agreement and Plan of Merger (Cable Car Beverage Corp), Agreement and Plan of Merger (Revco D S Inc), Agreement and Plan of Merger (Medcath Inc)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were was not performed in accordance with the terms hereof and that the Parties parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity, without the necessity of demonstrating the inadequacy of money damages.

Appears in 10 contracts

Samples: Asset Purchase Agreement (PTC Inc.), Unit Purchase Agreement (Cliffs Natural Resources Inc.), Standstill and Registration Rights Agreement (Cell Genesys Inc)

Specific Performance. The Parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were was 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 at law or equity.

Appears in 10 contracts

Samples: Intellectual Property (Zulu Energy Corp.), Investment Agreement (Corautus Genetics Inc), Exclusive Intellectual Property (Nate's Food Co.)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were was not performed in accordance with the terms hereof and that the Parties shall parties will be entitled to the remedy of specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 9 contracts

Samples: Stockholder Agreement (Green Equity Investors L P), Stockholder Agreement (Platinum Technology Inc), Shareholder Agreement (Internet Communications Corp)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were not performed in accordance with the its terms hereof and that the Parties shall parties hereto will be entitled to specific performance of the terms hereofsuch terms, in addition to any other remedy at law or in equity, without the necessity of demonstrating the inadequacy of monetary damages and without the posting of a bond.

Appears in 9 contracts

Samples: Asset Purchase Agreement (American Energy Fields, Inc.), Intellectual Property Purchase Agreement (Solid Solar Energy, Inc.), Asset Purchase Agreement (Yappn Corp.)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were was not performed in accordance with the terms hereof and that the Parties parties shall be entitled to seek specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 9 contracts

Samples: Investor Rights Agreement (Ceridian LLC), Stock Purchase Agreement (Fiserv Inc), Solicitation and Non Disclosure Agreement (Fleetcor Technologies Inc)

Specific Performance. The Parties hereto agree that irreparable damage would occur in the event that any provision of this Agreement were was 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 at law or equity.

Appears in 9 contracts

Samples: Intellectual Property License Agreement (Mdi, Inc.), Intellectual Property License Agreement (Mdi, Inc.), Intellectual Property License Agreement (Northrop Grumman Corp /De/)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were was not performed in accordance with the terms hereof and that the Parties parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law Law or equity, without the necessity of demonstrating the inadequacy of money damages.

Appears in 9 contracts

Samples: Agreement and Plan of Merger (Tangoe Inc), Transaction Agreement (Guideline, Inc.), Employment Agreement (UniTek Global Services, Inc.)

Specific Performance. The Parties hereto agree that irreparable damage would occur in the event any provision of the provisions of this Agreement were not performed in accordance with the terms hereof and that the Parties shall be are entitled to specific performance of the terms hereof, hereof in addition to any other remedy remedies at law or in equity.

Appears in 9 contracts

Samples: Agreement and Plan of Merger (Airborne Inc /De/), Agreement and Plan of Merger (180 Connect Inc.), Acmi Service Agreement (Airborne Inc /De/)

Specific Performance. The Parties hereto agree that irreparable damage would occur in the event that any provision of this Agreement were not performed in accordance with the terms hereof or thereof, and that the Parties shall be entitled to seek specific performance of the terms hereofhereof or thereof, in addition to any other remedy at law or equity.

Appears in 9 contracts

Samples: Share Purchase Agreement (Amtd Idea Group), Share Purchase Agreement (Amtd Idea Group), Share Purchase Agreement (Amtd Idea Group)

Specific Performance. The Parties hereto agree that irreparable damage would occur in the event that any provision of the provisions of this Agreement were not performed in accordance with the their specific terms hereof and that monetary damages alone, even if available, would not be an adequate remedy. It is accordingly agreed that the Parties shall be entitled to specific performance of the terms hereof, this being in addition to any other remedy to which they are entitled at law Law or in equity.

Appears in 9 contracts

Samples: Reliability Must Run Agreement, Reliability Must Run Agreement, Reliability Must Run Agreement

Specific Performance. The Parties hereto agree that irreparable damage would occur in the event any provision of this Agreement hereof were not performed in accordance with the terms hereof and that the Parties shall will be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equityin equity without the necessity of demonstrating the inadequacy of monetary damages and without the posting of a bond.

Appears in 8 contracts

Samples: Sublicense Agreement (Mereo Biopharma Group PLC), Termination and Asset Transfer Agreement (Array Biopharma Inc), Sublicense Agreement (Mereo Biopharma Group PLC)

Specific Performance. The Parties hereto agree that irreparable damage would occur in if any of the event any provision provisions of this Agreement were not performed in accordance with the terms hereof and their specific terms. Accordingly, it is agreed that the Parties shall be entitled to seek specific performance of the terms hereof, this being in addition to any other remedy remedies to which they are entitled at law or equity.

Appears in 8 contracts

Samples: Standstill Agreement (PL Capital, LLC), Standstill Agreement (PL Capital, LLC), Standstill Agreement (BankFinancial CORP)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of the provisions of this Agreement were not to be performed in accordance with the terms hereof and that the Parties parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 8 contracts

Samples: Stock Purchase Agreement (Wasteco Ventures LTD), Restructuring Agreement (Zenith Electronics Corp), Stock Purchase Agreement (Compost America Holding Co Inc)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were not performed in accordance with the terms hereof and that the Parties parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or in equity. It is accordingly agreed that in any proceeding seeking specific performance each of the parties will waive the defense of adequacy of a remedy at law.

Appears in 8 contracts

Samples: Merger Termination Agreement (Quest Software Inc), Mutual Termination Agreement (BCSB Bancorp Inc.), Merger Termination Agreement (Inamed Corp)

Specific Performance. The Parties hereto agree that irreparable damage would occur in the event if any provision of this Agreement were not performed in accordance with the terms hereof of this Agreement and that the Parties shall will be entitled to specific performance of the terms hereofof this Agreement, in addition to any other remedy to which they are entitled at law or equityin equity without the need to demonstrate irreparable harm or to post any bond or surety.

Appears in 7 contracts

Samples: Non Competition Agreement (Ashford Inc.), Combination Agreement (Ashford Inc.), Investor Rights Agreement (Ashford Inc.)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were was not performed in accordance with the terms hereof and that the Parties parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equityin equity without posting any bond or other undertaking.

Appears in 7 contracts

Samples: Agreement and Plan of Merger (Akamai Technologies Inc), Non Competition Agreement (Analogic Corp), Voting Agreement and Irrevocable Proxy (Cottonwood Holdings, Inc.)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were was not performed in accordance with the terms term hereof and that the Parties parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or in equity.

Appears in 7 contracts

Samples: Stock Purchase Agreement (Scana Corp), Stock Purchase Agreement (Powertel Inc /De/), Stock Purchase Agreement (Intercel Inc/De)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were is not performed in accordance with the terms hereof hereof, and that the Parties parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or in equity.

Appears in 6 contracts

Samples: Share Purchase Agreement (Universal American Financial Corp), Share Purchase Agreement (Harnett Bertram), Voting Agreement (Swift Transportation Co Inc)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were was not performed in accordance with the terms hereof and that the Parties parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 6 contracts

Samples: Purchase and Sale Agreement (Nationwide Health Properties Inc), Stock Purchase Agreement (Anchor Holdings Inc), Recapitalization Agreement (Earthwatch Inc)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were not performed in accordance with the terms hereof and that the Parties shall parties will be entitled to specific performance of the terms hereof, in addition to any other remedy at law or in equity, without the necessity of demonstrating the inadequacy of monetary damages and without the posting of a bond.

Appears in 6 contracts

Samples: Asset Purchase Agreement (Elite Pharmaceuticals Inc /Nv/), Asset Purchase Agreement (Elite Pharmaceuticals Inc /De/), Asset Purchase Agreement (Elite Pharmaceuticals Inc /De/)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were required to be performed prior to the Closing was not performed in accordance with the terms hereof and that that, prior to the Parties Closing, the parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or in equity.

Appears in 6 contracts

Samples: Agreement and Plan of Merger (Foster L B Co), Stock Purchase Agreement (Federal Signal Corp /De/), Agreement and Plan of Reorganization (Syms Corp)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event that any provision of this Agreement were not performed party fails to consummate the transactions contemplated hereby in accordance with the terms hereof of this Agreement and that the Parties parties shall be entitled to specific performance of the terms hereofin such event, in addition to any other remedy at law or in equity.

Appears in 6 contracts

Samples: Share Purchase Agreement (Residential Capital, LLC), Asset Purchase Agreement (Residential Capital, LLC), Membership Interest and Share Purchase Agreement (Residential Capital, LLC)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of the provisions of this Agreement were not to be performed in accordance with the terms hereof and that the Parties parties shall be entitled to seek specific performance of the terms hereof, hereof in addition to any other remedy remedies at law Law or in equity.

Appears in 6 contracts

Samples: Consent and Support Agreement (LCE Mexican Holdings, Inc.), Consent and Support Agreement (Marquee Holdings Inc.), Consent and Support Agreement (Amc Entertainment Inc)

Specific Performance. The Parties hereto agree that irreparable damage would occur in the event any provision of the provisions 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 at law or equity.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (AVX Corp), Membership Interest Purchase Agreement, Membership Interest Purchase Agreement (Atlas Resource Partners, L.P.)

Specific Performance. The Parties hereto agree that irreparable damage would occur in the event any provision 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 at law or in equity.

Appears in 5 contracts

Samples: Voting Agreement (Tivoli Industries Inc), Agreement and Plan of Merger (Steag Electronic Systems GMBH), Stock Purchase Agreement (Rogers Corp)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were not performed in accordance with the terms hereof and that the Parties shall parties will be entitled to specific performance of the terms hereof, in addition to any other remedy at law or in equity.

Appears in 5 contracts

Samples: Voting Agreement (Clientlogic Corp), Voting Agreement (Clientlogic Corp), Support Agreement (Berkley William R)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event that any provision of party fails to consummate the transactions contemplated by this Agreement were not performed in accordance with the terms hereof of this Agreement and that the Parties parties shall be entitled to specific performance of the terms hereofin such event, in addition to any other remedy at or law or in equity.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (Empire Resorts Inc), Agreement and Plan of Merger (Diageo PLC), Agreement and Plan of Merger (General Mills Inc)

Specific Performance. The Parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were was 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 at law or in equity.

Appears in 5 contracts

Samples: Registration Rights Agreement (Leju Holdings LTD), Investor Rights Agreement (E-House (China) Holdings LTD), Form of Registration Rights Agreement (Coforge LTD)

Specific Performance. The Parties hereto each agree that irreparable damage would occur in the event that any provision of the provisions of this Agreement were not performed by them in accordance with the terms hereof and that the Parties each Party shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law Law or equity. Each Party expressly waives any requirement that any other Party obtain any bond or provide any indemnity in connection with any action seeking injunctive relief or specific enforcement of the provisions of this Agreement.

Appears in 5 contracts

Samples: Share Purchase Deed (Tabula Rasa HealthCare, Inc.), Agreement and Plan of Merger (Tabula Rasa HealthCare, Inc.), Membership Interest Purchase Agreement (Tabula Rasa HealthCare, Inc.)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were was not performed in accordance with the terms hereof and that the Parties shall parties will be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 5 contracts

Samples: Voting Agreement (Franklin Covey Co), Registration Rights Agreement (Arch Wireless Inc), Registration Rights Agreement (Arch Wireless Inc)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of the provisions of this Agreement were not performed in accordance with the terms hereof and that the Parties parties shall be entitled to specific performance of the terms hereof, hereof (without establishing the likelihood of irreparable injury or posting bond or other security) in addition to any other remedy to which they may be entitled at law or in equity.

Appears in 5 contracts

Samples: Voting and Distribution Agreement (Peregrine Systems Inc), Stock Option Agreement (Shared Technologies Fairchild Inc), Stock Option Agreement (Shared Technologies Fairchild Inc)

Specific Performance. The Parties hereto parties agree that irreparable damage would occur in the event if any provision of this Agreement were not performed in accordance with the terms hereof and that the Parties each party shall be entitled to specific performance of the terms hereof, in addition to any other remedy to which such party is entitled at law or in equity. In the event that specific performance is granted to a party pursuant to the terms and conditions herein, such party shall also be entitled to be awarded its costs and expenses (including reasonable attorneys’ fees and expenses) incurred solely in connection with obtaining such specific performance.

Appears in 5 contracts

Samples: Trust Agreement, Trust Agreement (Sustinere Holdings, Inc.), Trust Agreement (Sustinere Holdings, Inc.)

Specific Performance. The Parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were was not performed in accordance with the terms hereof and that the Parties parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or in equity.

Appears in 4 contracts

Samples: Stockholders' Agreement (Clark Usa Inc /De/), Stockholders' Agreement (Premcor Inc), Stockholders' Agreement (Occidental Petroleum Corp /De/)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were was not performed in accordance with the terms hereof and that the Parties parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or in equity, and further agree not to assert that a remedy of specific performance is unenforceable, invalid, contrary to law or inequitable for any reason, nor to assert that a remedy of monetary damages would provide an adequate remedy.

Appears in 4 contracts

Samples: Contribution Agreement, Contribution Agreement (Blush Acquisition Corp), Stockholders Support Agreement (Bare Escentuals Inc)

Specific Performance. The Parties hereto agree that irreparable damage would occur in the event if any provision of this the Assignment Agreement were not performed in accordance with the terms hereof of the Assignment Agreement, and that the Parties shall will be entitled to seek specific performance of the terms hereofof the Assignment Agreement, in addition to any other remedy to which they are entitled at law or in equity.

Appears in 4 contracts

Samples: Trademark Assignment Agreement (Vivint Solar, Inc.), Trademark Assignment Agreement (Vivint Solar, Inc.), Trademark Assignment Agreement (Vivint Solar, Inc.)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were is not performed in accordance with the terms hereof and that the Parties parties shall be entitled to specific performance of the terms hereof, ; in addition to any other remedy at law or in equity.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Matrix Geophysical, Inc.), Stock Purchase Agreement (Seitel Inc), Stock Purchase Agreement (Matrix Geophysical, Inc.)

Specific Performance. The Parties hereto parties agree that irreparable damage would occur in the event any provision of this Agreement were not performed in accordance with the terms hereof and that the Parties parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equityequity without the necessity of demonstration of the inadequacy of monetary damages.

Appears in 4 contracts

Samples: Securities Purchase Agreement (3com Corp), Stock Purchase Agreement (3com Corp), Securities Purchase Agreement (Cellular Biomedicine Group, Inc.)

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Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were was not performed in accordance with the terms hereof and that the Parties parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 4 contracts

Samples: Termination and Restructuring Agreement (China Energy CORP), Termination Agreement (China Energy CORP), Termination and Transfer Agreement (China Energy CORP)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were was not performed in accordance with the terms hereof and that the Parties parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law Law or in equity.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Rowan Companies Inc), Agreement and Plan of Merger (Nobel Learning Communities Inc), Shareholders Agreement (America Movil Sa De Cv)

Specific Performance. The Parties hereto agree that irreparable damage would may occur in the event that any provision of this Agreement were is not performed in accordance with the terms hereof of this Agreement and that the Parties each Party shall be entitled to seek specific performance of the terms hereof, of this Agreement without the posting of any bond or security in addition to any other remedy at law or equity.

Appears in 4 contracts

Samples: Purchase and Sale Agreement (Earthstone Energy Inc), Voting Agreement (Earthstone Energy Inc), Voting Agreement (Bold Energy Holdings, LLC)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were not performed in accordance with the terms hereof and that the Parties parties, and any third party beneficiaries hereof, shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 4 contracts

Samples: Subscription Agreement (iMedicor), Subscription Agreement (iMedicor), Subscription Agreement (iMedicor)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were was not performed in accordance with the terms hereof and that the Parties parties shall be entitled to specific performance or injunctive relief in respect of the terms hereof, in addition to any other remedy at law or equity.

Appears in 4 contracts

Samples: Shareholder Agreement (Lennox International Inc), Shareholder Agreement (Lennox International Inc), Shareholder Agreement (Service Experts Inc)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were was not performed in accordance with the terms hereof and that the Parties parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or in equity. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 4 contracts

Samples: Voting Agreement (Maxtor Corp), Voting Agreement (Canaan Equity L P), Voting Agreement (Maxtor Corp)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event that any provision of this Agreement were not performed in accordance with the terms hereof and that the Parties parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or in equity.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Radio One Inc), Voluntary Share Exchange Agreement (Hienergy Technologies Inc), Agreement and Plan of Reorganization (Upgrade International Corp /Fl/)

Specific Performance. The Parties hereto acknowledge and agree that irreparable damage would occur in the event if any provision of this Agreement were not performed in accordance with the terms hereof and that the Parties that, each Party shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 4 contracts

Samples: Securities Purchase Agreement (FountainVest China Capital Partners GP3 Ltd.), Securities Purchase Agreement (FountainVest China Capital Partners GP3 Ltd.), Securities Purchase Agreement (FountainVest China Capital Partners GP3 Ltd.)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event that any provision of party fails to consummate the transactions contemplated by this Agreement were not performed in accordance with the terms hereof of this Agreement and that the Parties parties shall be entitled to specific performance of the terms hereofin such event, in addition to any other remedy at law or in equity, including temporary restraining orders or temporary or permanent injunctions.

Appears in 4 contracts

Samples: Parent Company Agreement (Duke Energy Field Services Corp), Governance Agreement (Phillips Petroleum Co), Registration Rights Agreement (Phillips Petroleum Co)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were was not performed in accordance with the terms hereof hereof, that the parties hereto would not have an adequate remedy at law for money damages in such event and that the Parties parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or in equity.

Appears in 4 contracts

Samples: Stock Option Agreement (Synetic Inc), Stock Option Agreement (Synetic Inc), Voting and Proxy Agreement (Friede Goldman International Inc)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of the provisions of this Agreement were not to be performed in accordance with the terms hereof hereof, and that the Parties parties shall be entitled to specific performance of the terms hereof, hereof in addition to any other remedy remedies at law or in equity.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Lenco Mobile Inc.), Asset Purchase Agreement (NTN Buzztime Inc), Asset Purchase Agreement (Stericycle Inc)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any material provision of this Agreement were not performed in accordance with the terms hereof and that the Parties parties shall be entitled to the remedy of specific performance of the material terms hereof, in addition to any other remedy at law or equity.

Appears in 4 contracts

Samples: Loan Agreement (Phoenix International LTD Inc), Preferred Stockholders Agreement (Budget Group Inc), Loan Agreement (London Bridge Software Holdings PLC)

Specific Performance. The Parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were was not performed in accordance with the terms hereof and that the Parties shall be entitled to seek specific performance of the terms hereof, in addition to any other remedy at law or in equity.

Appears in 4 contracts

Samples: Transition Services Agreement (Digimarc CORP), Transition Services Agreement (DMRC Corp), Transition Services Agreement (Digimarc CORP)

Specific Performance. The Parties hereto parties agree that irreparable damage would occur in the event that any provision of party fails to consummate the transactions contemplated by this Agreement were not performed in accordance with the terms hereof of this Agreement and that the Parties parties shall be entitled to specific performance of the terms hereofin such event, in addition to any other remedy at law or in equity.

Appears in 4 contracts

Samples: Branch Purchase Agreement (Mercantile Bancorp, Inc.), Agreement and Plan of Merger (National Bank Holdings Corp), Purchase Agreement (NBH Holdings Corp.)

Specific Performance. The Parties hereto agree that irreparable damage damages would occur in the event any provision of this Agreement were is not performed in accordance with the terms hereof and that each of the Parties shall will be entitled to specific performance of the terms hereofhereof or injunctive relief, in addition to any other remedy at law or equityin equity that may be available under applicable Law.

Appears in 4 contracts

Samples: Purchase Agreement (Osiris Therapeutics, Inc.), Asset Purchase Agreement (Amarantus Bioscience Holdings, Inc.), Purchase Agreement (Mesoblast LTD)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were not performed breached, and in accordance with the terms hereof and that event of such breach the Parties parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or in equity.

Appears in 4 contracts

Samples: Stock Option and Voting Agreement (Hub International LTD), Stock Option and Voting Agreement (Dai-Tokyo International Co LTD), Stock Option and Voting Agreement (Electra Investment Trust PLC)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event that any provision of this Agreement were was not performed in accordance with the terms hereof and that the Parties shall parties will be entitled to specific performance of the terms hereof, hereof in addition to any other remedy at law or equity.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Security Capital Corp/De/), Limited Liability Company Agreement (Strathmore Minerals Corp.), Voting Agreement (Security Capital Corp/De/)

Specific Performance. The Parties hereto agree that irreparable damage would occur in the event any provision of the provisions of this Agreement were not to be performed in accordance with the terms hereof and that the Parties shall will be entitled to specific performance of the terms hereof, hereof in addition to any other remedy remedies at law or in equity.

Appears in 3 contracts

Samples: Asset Contribution Agreement (Dayton Power & Light Co), Asset Contribution Agreement (Ohio Power Co), Asset Transfer Agreement (Cinergy Corp)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were was not performed in accordance with the terms hereof and that the Parties parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equityin equity without the necessity of demonstration the inadequacy of monetary damages.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Oneida LTD), Stock Purchase Agreement (Oneida LTD), Stock Purchase Agreement (Oneida LTD)

Specific Performance. The Parties hereto agree that irreparable damage would occur in the event that any provision of this Agreement were is not performed in accordance with the terms hereof of this Agreement and that therefore the Parties shall be entitled to seek specific performance of the terms hereof, of this Agreement in addition to any other remedy at law or equity, without the necessity of proving irreparable harm or posting bond or other security.

Appears in 3 contracts

Samples: Stockholders Agreement (Chazak Value Corp.), Shareholders Agreement (Movie Star Inc /Ny/), Escrow Agreement (Movie Star Inc /Ny/)

Specific Performance. The Parties hereto agree that irreparable damage would occur in the event if any provision 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 hereunder, at law Law or in equity.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Winc, Inc.), Asset Purchase Agreement (Winc, Inc.), Asset Purchase Agreement (Winc, Inc.)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were was not performed in accordance with the terms hereof and that the Parties parties shall be entitled to specific performance of the terms and provisions hereof, in addition to any other remedy at law or in equity.

Appears in 3 contracts

Samples: Stockholders' Agreement (American Skiing Co /Me), Stockholders' Agreement (Asc East Inc), Voting Agreement (Oak Hill Capital Partners L P)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were was not performed in accordance with the terms hereof and that the Parties parties shall be entitled to specific performance of the their terms hereof, in addition to any other remedy at law or in equity.

Appears in 3 contracts

Samples: Stockholders' Agreement (Younetwork Corp), Stockholders' Agreement (Atlantic Express Transportation Corp), Stockholders' Agreement (Global Telecommunication Solutions Inc)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were not performed in accordance with the terms hereof and that the Parties parties shall be entitled to seek specific performance of the terms hereof, in addition to any other remedy at law Law or equity.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (PeopleSupport, Inc.), Agreement and Plan of Merger (Labone Inc/), Agreement and Plan of Merger (Quest Diagnostics Inc)

Specific Performance. The Parties hereto agree that irreparable damage would occur in the event that any provision of the provisions of this Agreement were not performed in accordance with the terms hereof and their specific terms. It is accordingly agreed that the Parties shall be entitled to seek specific performance of the terms hereof, this being in addition to any other remedy remedies to which they are entitled at law or equity, in tort or any other claims.

Appears in 3 contracts

Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Unionbancal Corp), Agreement and Plan of Merger (Pacific Capital Bancorp /Ca/)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were was not performed in accordance with the terms hereof and that the Parties shall parties will be entitled to specific performance of the terms hereof, in addition to any other remedy at law Law or in equity.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Orion Healthcorp Inc), Agreement and Plan of Merger (Orion Healthcorp Inc), Agreement and Plan of Merger (Thousand Trails Inc /De/)

Specific Performance. The Parties hereto agree that irreparable damage would occur in the event that any provision of the provisions of this Agreement were not performed in accordance with the terms hereof and their specific terms. It is accordingly agreed that the Parties shall be entitled to specific performance of the terms hereof, this being in addition to any other remedy remedies to which they are entitled at law Law or equity.

Appears in 3 contracts

Samples: Investor Rights Agreement (TPG Partners, LLC), Investor Rights Agreement (TPG Inc.), Investor Rights Agreement (TPG Inc.)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were was not performed in accordance with the terms hereof and that the Parties parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law Law or equityequity without the necessity of demonstration the inadequacy of monetary damages.

Appears in 3 contracts

Samples: Asset and Stock Purchase Agreement (Covance Inc), Asset Purchase Agreement (Consoltex Inc/ Ca), Stock Purchase Agreement (Covance Inc)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were not performed in accordance with the terms hereof and that the Parties 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.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (HLTH Corp), Agreement and Plan of Merger (WebMD Health Corp.), Agreement and Plan of Merger (WebMD Health Corp.)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were is not performed in accordance with according to the terms hereof and that the Parties parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or in equity.

Appears in 3 contracts

Samples: Agreement to Facilitate Merger (Avidyn Inc), Agreement to Facilitate Merger (Avidyn Inc), Agreement to Facilitate Merger (Avidyn Inc)

Specific Performance. The Parties hereto agree that irreparable damage would occur in the event any provision of the provisions 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, plus attorneys’ fees or, in addition to the alternative, any other remedy at law or equity.

Appears in 3 contracts

Samples: Assignment and Assumption Agreement (Rex Energy Corp), Purchase and Sale Agreement (Magnum Hunter Resources Corp), Purchase and Sale Agreement

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were not performed in accordance with the terms hereof and that the Parties parties hereto shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or in equity.

Appears in 3 contracts

Samples: Framework Agreement (58.com Inc.), Framework Agreement (Uxin LTD), Stockholders Agreement (Zonagen Inc)

Specific Performance. The Parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were was 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 at law or in equity.

Appears in 3 contracts

Samples: Purchase Agreement (Reynolds & Reynolds Co), Voting Agreement, Voting Agreement (Alibaba Group Holding LTD)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were is not performed in accordance with according to the terms hereof and that the Parties shall parties will be entitled to specific performance of the terms hereof, in addition to any other remedy at law or in equity.

Appears in 3 contracts

Samples: Rdo Equipment Co, Rdo Equipment Co, Agreement to Facilitate Merger (Sunrise International Leasing Corp)

Specific Performance. The Parties hereto parties acknowledge and agree that irreparable damage would occur in the event if any provision of this Agreement were not performed party fails to perform in accordance with the terms hereof of this Agreement and that the Parties parties shall be entitled to specific performance of the terms hereofin such event, in addition to any other remedy at law or in equity.

Appears in 3 contracts

Samples: Shareholders Agreement (Global Indemnity PLC), Shareholders Agreement (United National Group LTD), Shareholders Agreement (United National Group LTD)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were was not performed in accordance with the terms hereof and that the Parties parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equityequity without the necessity of demonstration the inadequacy of monetary damages.

Appears in 3 contracts

Samples: Financial Warranty Agreement (Oppenheimer Principal Protected Trust Iii), Agreement and Plan of Merger (Informedics Inc), Agreement (Mediware Information Systems Inc)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were was not performed per-formed in accordance with the terms hereof and that the Parties parties shall be entitled to the remedy of specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Igo Corp), Agreement and Plan of Merger (Mobility Electronics Inc), Agreement and Plan of Merger (Maii Holdings Inc)

Specific Performance. The Parties hereto agree that irreparable damage would occur in the event if any provision of this Agreement were not performed in accordance with the terms hereof of this Agreement and that the Parties shall will be entitled to specific performance of the terms hereofof this Agreement (without having to post any bond or prove actual damages), in addition to any other remedy to which they are entitled at law or in equity.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Lantheus Holdings, Inc.), Share Purchase Agreement (Lantheus Holdings, Inc.), Asset Purchase Agreement (Lantheus Holdings, Inc.)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event any provision of this Agreement were was not performed in accordance with the its terms hereof and that the Parties each party shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equityin equity such party may have.

Appears in 3 contracts

Samples: Exhibit 99 Stock Purchase Agreement (Dow Chemical Co /De/), Stock Purchase Agreement (Dow Chemical Co /De/), Stock Purchase Agreement (Lubrizol Corp)

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