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: Subscription Agreement (Sunlands Online Education Group), Subscription Agreement (Sunlands Online Education Group), Share Purchase Agreement (Youdao, 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, in addition to any other remedy at law or in equity.
Appears in 31 contracts
Samples: Asset Purchase Agreement (Armada Hoffler Properties, Inc.), Stock Purchase Agreement (Transgenomic 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 Agreement (Li-Cycle Holdings Corp.), Registration Rights Agreement1 (Li-Cycle Holdings Corp.), Registration Rights Agreement (LeddarTech Holdings Inc.)
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 (Emergent Group Inc/Ny), Tender and Voting Agreement (Emergent Group Inc/Ny), Tender and Voting Agreement (Universal Hospital Services 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, hereof in addition to any other remedy at law or in equity.
Appears in 24 contracts
Samples: Amended and Restated Agreement and Plan of Merger (Lenco Mobile Inc.), Agreement and Plan of Merger and Reorganization (Lenco Mobile Inc.), Stock Purchase Agreement (LOCAL.COM)
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 (Steel Partners Holdings L.P.), Stockholders’ Agreement (Parking REIT, Inc.), Operating Agreement (Digital Cinema Destinations 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, 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.), Consent and Support Agreement (Marquee Holdings 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: Voting and Lock Up Agreement (Jensen Jami J), Tender and Voting Agreement (Starbase Corp), Tender and Voting Agreement (Sungard Data Systems 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.), Securities Purchase Agreement (Smart for Life, Inc.), Securities Purchase Agreement (Smart for Life, Inc.)
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: Stock Purchase Agreement (FJ Capital Management LLC), Stock Purchase Agreement (Centrue Financial Corp), Secondary Sale Purchaser Agreement (Anchor Bancorp Wisconsin Inc)
Specific Performance. The Parties hereto parties 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 parties are entitled to specific performance of the terms hereof, hereof in addition to any other remedy remedies at law or in equity.
Appears in 14 contracts
Samples: Severance and Retention Agreement, Voting Agreement (MergeWorthRx Corp.), Voting Agreement (MergeWorthRx 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 equityequity without the necessity of demonstrating the inadequacy of monetary damages.
Appears in 13 contracts
Samples: Agreement and Plan of Merger (Improvenet Inc), Share Purchase and Subscription Agreement (Ticketmaster), Asset Purchase Agreement (Liquidity Services 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), Voting Agreement (Genaissance Pharmaceuticals 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 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 (Dean Foods Co), Employee Matters Agreement (WHITEWAVE FOODS Co), Employee Matters Agreement (WHITEWAVE FOODS Co)
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, Purchase Agreement, Option Agreement (He Jilun)
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 specify performance of the terms hereof, in addition to any other remedy at law or equity.
Appears in 12 contracts
Samples: Registration Rights Agreement (Stewart & Stevenson LLC), Registration Rights Agreement (Fairfax Financial Holdings LTD/ Can), Registration Rights Agreement (Texas Roadhouse, 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 hereto shall be entitled to specific performance of the terms hereofhereof and injunctive and other equitable relief, in addition to any other remedy at law or equity, without posting any bond or other undertaking.
Appears in 12 contracts
Samples: Voting and Support Agreement (Arena Group Holdings, Inc.), Voting and Support Agreement (Simplify Inventions, LLC), Voting and Support Agreement (Tencent Holdings LTD)
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: Business Combination Agreement (Sustainable Green Team, Ltd.), Share Exchange Agreement, Share Exchange Agreement (PetLife Pharmaceuticals, Inc.)
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 Law or in equity.
Appears in 11 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement (Federal Signal Corp /De/), Stock Purchase Agreement (Dow Jones & Co 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, in addition to any other remedy at law Law or equity.
Appears in 11 contracts
Samples: Member Interest Purchase Agreement (High Plains Gas, Inc.), Stock Purchase Agreement (KMG America CORP), Agreement and Plan of Merger (Bank Building 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 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: Rescission Agreement (Kinetic Group Inc.), Rescission Agreement and Mutual Release (GroGenesis, Inc.), Rescission Agreement and Mutual Release (GroGenesis, 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 (Ligand Pharmaceuticals Inc), Agreement and Plan of Merger (Ligand Pharmaceuticals Inc), Agreement and Plan of Merger (Beckman Coulter 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, 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: Master Separation Agreement (Covisint Corp), Registration Rights Agreement (Covisint Corp), Shared Services Agreement (ContraVir 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 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: Subscription Agreement (Ostin Technology Group Co., Ltd.), Exclusive Intellectual Property (Nate's Food Co.), Exclusive Intellectual Property (NHMD 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 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 (Res Care Inc /Ky/), 5 Agreement and Plan of Merger (Mac Frugals Bargains Close Outs Inc), Agreement and Plan of Merger (Medcath 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: Securities Purchase Agreement (Excelerate Energy, Inc.), Securities Purchase Agreement (Excelerate Energy, Inc.), Software Purchase Agreement (Evolving 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 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 10 contracts
Samples: Tax Matters Agreement, Investor Rights Agreement (Fleetcor Technologies Inc), Investor Rights Agreement (Ceridian 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 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 10 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement (World Surveillance Group Inc.), Asset Purchase Agreement (Great West Resources, 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: Adventure Park Management and Operation Agreement, Adventure Park Management and Operation Agreement, Unit Purchase Agreement (Cliffs Natural Resources 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 (Mdi, 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 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 (Rite Aid Corp), Shareholder Agreement (Internet Communications Corp)
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 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: Acmi Service Agreement (Airborne Inc /De/), Agreement and Plan of Merger (Variflex Inc), Agreement and Plan of Merger (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 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 9 contracts
Samples: Merger Termination Agreement, Merger Termination Agreement (Quest Software Inc), Mutual Termination Agreement (BCSB Bancorp 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 equity, without the necessity of demonstrating the inadequacy of money damages.
Appears in 9 contracts
Samples: Employment Agreement (UniTek Global Services, Inc.), Agreement and Plan of Merger (Tangoe Inc), Alliance Agreement (Anthem 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 Law or equity.
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Genesis Microchip Inc /De), Agreement and Plan of Merger (Stmicroelectronics Nv), Agreement and Plan of Merger (Genesis Microchip Inc /De)
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 9 contracts
Samples: Sublicense Agreement, Sublicense Agreement (Mereo Biopharma Group PLC), Bps804 Asset Purchase Agreement (Mereo Biopharma Group PLC)
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 (Transnational Financial Corp), Stock Purchase Agreement (Wasteco Ventures LTD), Stock Purchase Agreement (Compost America Holding Co Inc)
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 (Strategic Value Investors LP), Standstill Agreement (BankFinancial CORP), Standstill Agreement (BankFinancial 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 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 (Intercel Inc/De), Stock Purchase Agreement (Powertel Inc /De/), Stock Purchase Agreement (Scana 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 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 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 7 contracts
Samples: Membership Interest and Share Purchase Agreement, Share Purchase Agreement (Residential Capital, LLC), Membership Interest and Share Purchase Agreement (Residential Capital, LLC)
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: Investor Rights Agreement (Ashford Inc.), Non Competition Agreement (Ashford Inc.), Voting and Stock Transfer Restriction Agreement (Ashford 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 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 (Harnett Bertram), Share Purchase Agreement (Universal American Financial Corp), Voting Agreement (Swift Transportation Co Inc)
Specific Performance. The 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 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 6 contracts
Samples: Shareholders Agreement (Duke Energy Field Services Corp), Assumption Agreement (Gotham Golf Corp), Assumption Agreement (Gotham Golf 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 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 (Marquee Holdings Inc.), Consent and Support Agreement (Amc Entertainment Inc), Consent and Support Agreement (LCE Mexican Holdings, 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 6 contracts
Samples: Membership Interest Purchase Agreement, Membership Interest Purchase Agreement, Agreement and Plan of Merger (AVX 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, 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 /Nv/), Asset Purchase Agreement (Elite Pharmaceuticals Inc /Nv/)
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/), Asset Contribution Agreement (Quadramed 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 or equity.
Appears in 6 contracts
Samples: Transition Services Agreement (Vivus Inc), Transition Services Agreement (Vivus Inc), Registration Rights Agreement (Insilco Holding Co)
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 (General Mills Inc), Agreement and Plan of Merger and Contribution (Nestle 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 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: Form of Registration Rights Agreement (Coforge LTD), Registration Rights Agreement (TDCX Inc.), Registration Rights Agreement (Leju Holdings LTD)
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 (Fairchild Corp), Voting and Distribution Agreement (Peregrine Systems 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 5 contracts
Samples: Trademark Assignment Agreement, 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 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), Voting Agreement (Clientlogic Corp)
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: Membership Interest Purchase Agreement (Tabula Rasa HealthCare, Inc.), Stock Purchase Agreement (Tabula Rasa HealthCare, Inc.), Share Purchase Deed (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 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, 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 (Premcor Inc), Stockholders' Agreement (Occidental Petroleum Corp /De/), Stockholders' Agreement (Clark Usa Inc /De/)
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 (Cellular Biomedicine Group, Inc.), Securities Purchase Agreement (Cellular Biomedicine Group, Inc.), Securities Purchase Agreement (3com Corp)
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 (Electra Investment Trust PLC), Stock Option and Voting Agreement (Dai-Tokyo International Co LTD)
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 (Earthstone 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 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), Stock Purchase Agreement (Seacor Holdings Inc /New/), Agreement and Plan of Merger (Nobel Learning Communities 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, 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), Contribution Agreement (Bare Escentuals Inc)
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 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 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 (Mesoblast LTD), Purchase Agreement (Mesoblast LTD), Asset Purchase Agreement (Amarantus Bioscience Holdings, 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, in addition to any other remedy at law or equityequity permitted by this Agreement.
Appears in 4 contracts
Samples: Purchase Agreement, Assignment and Assumption Agreement, Asset Purchase Agreement (Smithfield Foods 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 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 (Service Experts Inc), Shareholder Agreement (Lennox 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 equity.
Appears in 4 contracts
Samples: Termination Agreement (China Energy CORP), Termination and Transfer Agreement (China Energy CORP), Termination and Restructuring Agreement (China Energy 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 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 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 (Seitel Inc), Stock Purchase Agreement (Matrix Geophysical, Inc.), Stock Purchase Agreement (Matrix Geophysical, 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, 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: Modification 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 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: Asset Purchase Agreement (NTN Buzztime Inc), Agreement and Plan of Merger (Lenco Mobile Inc.), Asset Purchase Agreement (Stericycle 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 (Maxtor Corp), Voting Agreement (Canaan Equity L P)
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), Agreement and Plan of Reorganization (Upgrade International Corp /Fl/), Agreement and Plan of Reorganization (Pathways Group Inc)
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: Agreement and Plan of Merger (National Bank Holdings Corp), Purchase Agreement (NBH Holdings Corp.), Branch Purchase Agreement (Mercantile Bancorp, 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 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 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 hereof, in such event in addition to any other remedy at law or in equity.
Appears in 3 contracts
Samples: Contribution Agreement (Chevron Phillips Chemical Co LLC), Contribution Agreement (Chevron Corp), Contribution Agreement (Phillips Petroleum Co)
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 (Pacific Capital Bancorp /Ca/), Agreement and Plan of Merger (Unionbancal Corp), Agreement and Plan of Merger
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 Inc.), Investor Rights Agreement (TPG Inc.), Investor Rights Agreement (TPG Partners, LLC)
Specific Performance. The Parties Subject to compliance with Section 14.08 above, 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 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: Operating Agreement, Operating Agreement (Amyris, Inc.), Operating Agreement (Amyris, Inc.)
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, hereof in addition to any other remedy at law or in equity, including monetary damages, that may be available to it.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Thestreet, Inc.), Asset Purchase Agreement (Harte Hanks Inc), Asset Purchase Agreement (Molina Healthcare Inc)
Specific Performance. The Parties hereto agree that irreparable damage would occur in the event if any provision of this a Transaction Agreement were not performed in accordance with the terms hereof of the applicable agreement, and that the Parties shall will be entitled to seek specific performance of the terms hereofof the Transaction Agreements, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 3 contracts
Samples: Master Intercompany Framework Agreement (Vivint Solar, Inc.), Master Intercompany Framework Agreement (Vivint Solar, Inc.), Master Intercompany Framework Agreement (Vivint Solar, Inc.)
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.
Appears in 3 contracts
Samples: Stock Purchase Agreement (Lear Corp /De/), Stock Purchase Agreement (United Technologies Corp /De/), Contribution Agreement (Phillips Petroleum Co)
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 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)
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 at law or equity.
Appears in 3 contracts
Samples: Share Subscription Agreement, Preferred Share and Warrant Purchase Agreement (58.com Inc.), Share Subscription Agreement (58.com Inc.)
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.), Escrow Agreement (Movie Star Inc /Ny/), Shareholders Agreement (Movie Star Inc /Ny/)
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 as a matter of right, without proof of actual damages, to specific performance of the terms hereof, in addition to any other remedy at law or equity.
Appears in 3 contracts
Samples: Debt Registration Rights Agreement (Mariner Health Care Inc), Equity Registration Rights Agreement (Mariner Health Care Inc), Equity Registration Rights Agreement (Mariner Health Care 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 (Quest Diagnostics Inc), Agreement and Plan of Merger (Labone 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 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 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 (WebMD Health Corp.), Agreement and Plan of Merger (HLTH 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 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)
