Common use of Specific Performance Clause in Contracts

Specific Performance. Each of the Parties acknowledges and agrees that the other Parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the other Parties shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equity.

Appears in 58 contracts

Samples: Stock Purchase Agreement (Remote MDX Inc), Member Interest Purchase Agreement (I Trax Inc), Stock Purchase Agreement (Remote MDX Inc)

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Specific Performance. Each of the Parties parties acknowledges and agrees that the other Parties party would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties parties agrees that the other Parties party shall be entitled to seek an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties parties and the matter, in addition to any other remedy to which they it may be entitled, at law or in equity.

Appears in 30 contracts

Samples: Agreement and Plan of Merger (Tcsi Corp), Agreement and Plan of Merger (Caremark Rx Inc), Asset Purchase Agreement (Colonial Bancgroup Inc)

Specific Performance. Each of the Parties acknowledges and agrees that the other Parties Party would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the other Parties Party shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, in addition to any other remedy to which they it may be entitled, at law or in equity.

Appears in 28 contracts

Samples: License Agreement (Ants Software Inc), Asset Purchase Agreement (Sequa Corp /De/), Agreement (Grit BXNG at Home, Inc.)

Specific Performance. Each of the Parties parties acknowledges and agrees that the other Parties parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breachedbreached or violated. Accordingly, to the fullest extent permitted by law, each of the Parties parties agrees that that, without posting bond or other undertaking, the other Parties shall parties will be entitled to an injunction or injunctions to prevent breaches or violations of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States action, claim or any state thereof having jurisdiction over the Parties and the matter, suit in addition to any other remedy to which they it may be entitled, at law or in equity. Each party further agrees that, in the event of any action for specific performance in respect of such breach or violation, it will not assert that the defense that a remedy at law would be adequate.

Appears in 26 contracts

Samples: Registration Rights Agreement (Patriot National, Inc.), Registration Rights Agreement (Pine Technology Acquisition Corp.), Registration Rights Agreement (WeWork Inc.)

Specific Performance. Each of the Parties parties acknowledges and agrees that the other Parties parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties parties agrees that the other Parties parties shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equity.

Appears in 26 contracts

Samples: Asset Purchase Agreement (1847 Holdings LLC), Purchase Agreement (Westar Industries Inc), Stockholder Agreement (American Lorain CORP)

Specific Performance. Each of the Parties parties hereto acknowledges and agrees that the other Parties parties hereto would suffer irreparable damage for which an adequate remedy at law would not be damaged irreparably available in the event any of the provisions of this Agreement are is not performed in accordance with their its specific terms or otherwise are is breached. Accordingly, each of the Parties parties hereto agrees that the other Parties non-breaching parties shall be entitled to an injunction injunction, restraining order or injunctions other form of equitable relief from any court of competent jurisdiction to prevent breaches of of, and to specifically enforce, the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equityAgreement.

Appears in 22 contracts

Samples: Employment and Non Competition Agreement (Metretek Technologies Inc), Employment and Non Competition Agreement (Metretek Technologies Inc), Employment and Non Competition Agreement (Powersecure International, Inc.)

Specific Performance. Each of the Parties parties hereto acknowledges and agrees that the other Parties would be damaged irreparably in the event any of the provisions breach of this Agreement are would cause irreparable damage to the other parties hereto and that the other parties hereto will not performed in accordance with their specific terms or otherwise are breachedhave an adequate remedy at law. AccordinglyTherefore, the obligations of each of the Parties agrees that the other Parties parties hereto under this Agreement shall be entitled to an injunction or injunctions to prevent breaches enforceable by a decree of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in specific performance issued by any court of the United States or any state thereof having jurisdiction over the Parties competent jurisdiction, and the matterappropriate injunctive relief may be applied for and granted in connection therewith. Such remedies shall, however, be cumulative and not exclusive and shall be in addition to any other remedy to remedies which they any party may be entitled, at law have under this Agreement or in equityotherwise.

Appears in 21 contracts

Samples: Registration Rights Agreement (Intraware Inc), Registration Rights Agreement (Intraware Inc), Securities Purchase Agreement (Idleaire Technologies Corp)

Specific Performance. Each of the Parties acknowledges and agrees that the other Parties Party would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the other Parties Party shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, matter in addition to any other remedy to which they it may be entitled, at law or in equity.

Appears in 19 contracts

Samples: Purchase and Sale Agreement (Connecticut Light & Power Co), Asset Purchase Agreement (Accuray Inc), Asset Purchase Agreement (American Science & Engineering Inc)

Specific Performance. Each of the Parties parties acknowledges and agrees that the other Parties party would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties parties agrees that the other Parties party shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties parties and the matter, in addition to any other remedy to which they it may be entitled, at law or in equity.

Appears in 19 contracts

Samples: Purchase Agreement (Nationwide Financial Services Inc/), Master Agreement (Reinsurance Group of America Inc), Purchase and Sale Agreement (Sba Communications Corp)

Specific Performance. Each of the Parties acknowledges and agrees that the other Parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the other Parties shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States U.S. or any state thereof having jurisdiction over the Parties and the matter, in addition to any other remedy to which they may be entitled, at law Law or in equity.

Appears in 13 contracts

Samples: Lock Up Agreement (Top Gear Inc), Lock Up Agreement (Top Gear Inc), Leak Out Agreement (RPM Dental, Inc.)

Specific Performance. Each of the Parties acknowledges and agrees that the other Parties Party would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the other Parties Party shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having having, in accordance with the terms of this Agreement, jurisdiction over the Parties and the matter, in addition to any other remedy to which they it may be entitled, at law or in equity.

Appears in 13 contracts

Samples: Purchase and Sale Agreement (Ocwen Financial Corp), Agreement and Plan of Merger (Roper Industries Inc /De/), Purchase and Sale Agreement (Altisource Portfolio Solutions S.A.)

Specific Performance. Each of the Parties acknowledges and agrees that one or more of the other Parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the other Parties shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, in addition to any other remedy to which they it may be entitled, at law or in equity.

Appears in 12 contracts

Samples: Agreement and Plan of Merger (Emcore Corp), Agreement and Plan of Merger (Vitalworks Inc), Stock Purchase Agreement (Viewlogic Systems Inc /De/)

Specific Performance. Each of the Parties parties hereto acknowledges and agrees that the other Parties parties would be damaged irreparably irreparably, and in a manner for which monetary damages would not be an adequate remedy, in the event any of the provisions of this Agreement are not performed in accordance with their its specific terms or otherwise are breached. Accordingly, each of the Parties parties hereto agrees that the other Parties parties shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equity.

Appears in 10 contracts

Samples: License Agreement (Innovative Card Technologies Inc), License Agreement (Innovative Card Technologies Inc), Securities Purchase Agreement (Mdi, Inc.)

Specific Performance. Each of the Parties parties acknowledges and agrees that the other Parties parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breachedbreached or violated. Accordingly, each of the Parties parties agrees that that, without posting bond or other undertaking, the other Parties shall parties will be entitled to an injunction or injunctions to prevent breaches or violations of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action Action instituted in any court of the United States or any state thereof having jurisdiction over the Parties parties and the matter, matter in addition to any other remedy to which they it may be entitled, at law or in equity. Each party further agrees that, in the event of any action for specific performance in respect of such breach or violation, it will not assert that the defense that a remedy at law would be adequate.

Appears in 10 contracts

Samples: Membership Interest Purchase Agreement (Carmike Cinemas Inc), Stock Purchase Agreement (AGA Medical Holdings, Inc.), Stock Purchase Agreement (Allied Defense Group Inc)

Specific Performance. Each of the Parties Party acknowledges and agrees that the other Parties Party would be damaged irreparably in the event if any of the provisions provision of this Agreement are is not performed in accordance with their its specific terms or is otherwise are breachedbreached by such Party. Accordingly, each of the Parties Party agrees that the other Parties shall Party will be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement by such Party and to enforce specifically this Agreement and the its terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties such Party and the matter, subject to Section 7.04 and Section 7.05, in addition to any other remedy to which they it may be entitled, in equity or at law or in equityLaw.

Appears in 8 contracts

Samples: Unit Purchase Agreement (American Midstream Partners, LP), Unit Purchase Agreement (American Midstream Partners, LP), Distribution, Sale and Contribution Agreement (American Midstream Partners, LP)

Specific Performance. Each of the Parties acknowledges and agrees that the other Parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the other Parties shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, matter in addition to any other remedy to which they may be entitled, at law or in equity.

Appears in 8 contracts

Samples: Asset Purchase Agreement (Innovative Software Technologies Inc), Asset Purchase Agreement (Kendle International Inc), Stock Purchase Agreement (Fields MRS Original Cookies Inc)

Specific Performance. Each of the Parties parties acknowledges and agrees that the other Parties parties would be damaged irreparably in the event if any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each party agrees that any of the Parties agrees that the other Parties parties shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties parties and the matter, in addition to any other remedy to which they such other party may be entitled, entitled at law or in equity.

Appears in 7 contracts

Samples: Asset Purchase and Sale Agreement (SFX Entertainment Inc), Asset Purchase and Sale Agreement (SFX Entertainment Inc), Asset Purchase and Sale Agreement (SFX Entertainment Inc)

Specific Performance. Each of the Parties party hereto acknowledges and agrees that the other Parties parties hereto would be damaged irreparably in the event any of the provisions of this Agreement Option are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties party agrees that the other Parties parties hereto shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement Option and to specifically enforce specifically this Agreement Option and the terms and provisions hereof in any action instituted in any court of the United States or of any state thereof having jurisdiction over the Parties parties and the matter, in addition to any other remedy to which they it may be entitled, at law or in equity.

Appears in 7 contracts

Samples: Stock Purchase Option and Restriction Agreement (Uci Medical Affiliates Inc), Stock Purchase Option and Restriction Agreement (Uci Medical Affiliates Inc), Stock Purchase Option and Restriction Agreement (Uci Medical Affiliates Inc)

Specific Performance. Each of the Parties hereto acknowledges and agrees that the other Parties would be irreparably damaged irreparably in the event any of the provisions of this Agreement are were not performed in accordance with their specific terms or were otherwise are breached. Accordingly, each of the Parties agrees that the other Parties they each shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions conditions hereof in any action Action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the mattercompetent jurisdiction, in addition to any other remedy to which they such Party may be entitled, at law or in equity.

Appears in 7 contracts

Samples: Agreement and Plan of Merger (Pan Pacific Retail Properties Inc), Agreement and Plan of Merger (Lazard Freres Real Estate Investors LLC), Agreement and Plan of Merger (Center Trust Inc)

Specific Performance. Each of the Parties parties acknowledges and agrees that the other Parties party would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties parties agrees that the other Parties party shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties parties and the matter, matter in addition to any other remedy to which they may be entitled, at law or in equity.

Appears in 7 contracts

Samples: Asset Contribution Agreement (BioXcel Therapeutics, Inc.), Asset Contribution Agreement (BioXcel Therapeutics, Inc.), Asset Contribution Agreement (BioXcel Therapeutics, Inc.)

Specific Performance. Each of the Parties parties acknowledges and agrees that the other Parties parties hereto would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties parties hereto agrees that the other Parties shall parties hereto will be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof of this Agreement (including the indemnification provisions hereof) in any action instituted in any competent court of the United States or any state thereof having jurisdiction over the Parties and the matterparties, in addition to any other remedy to which they may might be entitled, entitled at law or in equity.

Appears in 6 contracts

Samples: Registration Rights Agreement (Shurgard Storage Centers Inc), Registration Rights Agreement (Shurgard Storage Centers Inc), Investor Rights Agreement (Amazon Com Inc)

Specific Performance. Each of the Parties acknowledges and agrees that the other Parties Party would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the other Parties Party shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equity.

Appears in 6 contracts

Samples: Share Purchase Agreement (Unique Underwriters, Inc.), Share Purchase Agreement (Unique Underwriters, Inc.), Stock Purchase Agreement (Advento, Inc.)

Specific Performance. Each of the Parties acknowledges and agrees that the other Parties Party would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the other Parties Party shall be entitled to an injunction or injunctions to prevent breaches breach of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States U.S.A. or any state thereof having jurisdiction over the Parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equity.

Appears in 6 contracts

Samples: Share Purchase and Exchange Agreement (Lotus Pacific Inc), Stock Purchase Agreement (Lotus Pacific Inc), Share Exchange Agreement (Lotus Pacific Inc)

Specific Performance. Each of the Parties parties to this Agreement acknowledges and agrees that the other Parties parties to this Agreement would be irreparably damaged irreparably in the event any of the provisions of this Agreement are were not performed in accordance with their specific terms or were otherwise are breached. Accordingly, each of the Parties parties to this Agreement agrees that the other Parties shall each of them will be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof of this Agreement in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the mattersubject matter jurisdiction, in addition to any other remedy to which they such party may be entitled, at law or in equity.

Appears in 6 contracts

Samples: Agreement and Plan of Merger (BRC Holdings Inc), Agreement and Plan of Merger (Powerhouse Technologies Inc /De), Offer Agreement (Gap Capital LLC)

Specific Performance. Each of the Parties party hereto acknowledges and agrees that the other Parties parties would be damaged irreparably in the event if any of the provisions provision of this Agreement are is not performed in accordance with their its specific terms or is otherwise are breachedBreached. Accordingly, each of the Parties party hereto agrees that the other Parties shall parties will be entitled to an injunction or injunctions to prevent breaches Breaches of the provisions of this Agreement and to enforce specifically this Agreement and the its terms and provisions hereof in any action Action instituted in any court of the United States or any state thereof having jurisdiction over the Parties parties and the matter, subject to Subsection (k) below, in addition to any other remedy to which they may be entitled, at law Law or in equity.

Appears in 6 contracts

Samples: Tender and Voting Agreement (DTM Corp /Tx/), Agreement and Plan of Merger (3 D Systems Corp), Tender and Voting Agreement (DTM Corp /Tx/)

Specific Performance. Each of the Parties acknowledges and agrees that the other Parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the other Parties shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, matter in addition to any other remedy to which they it may be entitled, at law or in equity.

Appears in 5 contracts

Samples: Purchase and Sale Agreement (Ridgewood Electric Power Trust V), Purchase and Sale Agreement (Baycorp Holdings LTD), Purchase and Sale Agreement (Connecticut Light & Power Co)

Specific Performance. Each of the Parties parties hereto acknowledges and agrees that the other Parties party would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties parties agrees that the other Parties party hereto shall be entitled to seek an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties parties and the matter, in addition to any other remedy to which they it may be entitled, at law or in equity.

Appears in 5 contracts

Samples: Purchase and Assumption Agreement (QCR Holdings Inc), Purchase and Assumption Agreement (Bryn Mawr Bank Corp), Purchase and Assumption Agreement (Heartland Financial Usa Inc)

Specific Performance. Each of the Parties parties acknowledges and agrees that the other Parties parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the other Parties each Party shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties parties and the matter, matter in addition to any other remedy to which they may be entitled, at law or in equity.

Appears in 5 contracts

Samples: Asset Purchase Agreement (Inphonic Inc), Asset Purchase Agreement (Inphonic Inc), Asset Purchase Agreement (Inphonic Inc)

Specific Performance. Each of the Parties parties acknowledges and agrees that the other Parties party would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties parties agrees that the other Parties party shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equity.

Appears in 5 contracts

Samples: Stock Purchase Agreement (Crystal Systems Solutions LTD), Stock Purchase Agreement (Greene County Bancshares Inc), Equity Right Purchase And (Bioveris Corp)

Specific Performance. Each of the Parties acknowledges and agrees that the other Parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the other Parties shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, matter in addition to any other remedy to which they may be entitled, at law or in equity.

Appears in 5 contracts

Samples: Stock Purchase Agreement (Virtusa Corp), Stock Purchase Agreement (Virtusa Corp), Asset Purchase Agreement (Virtusa Corp)

Specific Performance. Each of the Parties parties acknowledges and agrees that the other Parties parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties parties agrees that the other Parties shall parties will be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equity.

Appears in 5 contracts

Samples: Refusal and Exchange Agreement (NTN Communications Inc), Buzztime Investor Rights Agreement (NTN Communications Inc), NTN Investor Rights Agreement (NTN Communications Inc)

Specific Performance. Each of the Parties parties acknowledges and agrees that the other Parties party would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties parties agrees that the other Parties party shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties parties and the matter, matter in addition to any other remedy to which they it may be entitled, at law or in equity.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Firstplus Financial Group Inc), Asset Purchase Agreement (Orthologic Corp), Asset Purchase Agreement (Orthologic Corp)

Specific Performance. Each of the Parties acknowledges and agrees that the other Parties Party would be damaged irreparably in the event any of that the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the other Parties shall Party will be entitled entitled, subject to compliance with Section 10.7, to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically the provisions of this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equityentitled under this Agreement.

Appears in 4 contracts

Samples: Asset Purchase and Sale Agreement (Martin Midstream Partners L.P.), Membership Interest Purchase and Sale Agreement (Targa Resources Corp.), Membership Interest Purchase and Sale Agreement (Targa Resources Corp.)

Specific Performance. Each of the Parties hereto acknowledges and agrees that the other Parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their its specific terms or otherwise are breached. Accordingly, each of the Parties hereto agrees that the other Parties shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equity.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Rowan Companies Inc), Stock Purchase Agreement (Cameron International Corp), Stock Purchase Agreement (Joy Global Inc)

Specific Performance. Each of the Parties acknowledges and agrees that one or more of the other Parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the other Parties shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, in addition to any other remedy to which they it may be entitled, at law or in equity.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Security Dynamics Technologies Inc /De/), Voting Agreement (Mobilemedia Corp), Stock Purchase Agreement (Security Dynamics Technologies Inc /De/)

Specific Performance. Each of the Parties parties acknowledges and agrees that the other Parties parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties parties agrees that that, without posting bond or other undertaking, the other Parties parties shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action Action instituted in any court of the United States or any state thereof having jurisdiction over the Parties parties and the matter, matter in addition to any other remedy to which they it may be entitled, at law or in equity. Each party further agrees that, in the event of any action for specific performance in respect of such breach, it shall not assert the defense that a remedy at law would be adequate.

Appears in 4 contracts

Samples: Waiver and Standstill Agreement (Krupp Government Income Trust), Waiver and Standstill Agreement (Krupp Government Income Trust-Ii), Waiver and Standstill Agreement (Berkshire Income Realty Inc)

Specific Performance. Each of the Parties parties hereto acknowledges and agrees that the other Parties parties hereto would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties parties agrees that the other Parties parties shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equity.

Appears in 4 contracts

Samples: Asset Purchase Agreement (Cygne Designs Inc), Asset Purchase Agreement (Siebert Financial Corp), Agreement and Plan of Merger (Liquidity Services Inc)

Specific Performance. Each of the Parties parties acknowledges and agrees that the other Parties party would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties parties agrees that the other Parties party shall be entitled to seek an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties parties and the matter, in addition to any other remedy to which they it may be entitled, at law or in equity.

Appears in 4 contracts

Samples: Voting Agreement (Alpine Associates a LTD Partnership /Nj), Voting Agreement (Loehmanns Holdings Inc), Voting Agreement (Cypress Communications Holding Co Inc)

Specific Performance. Each of the Parties acknowledges and agrees -------------------- that one (1) or more of the other Parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the other Parties shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, in addition to any other remedy to which they it may be entitled, at law or in equity.

Appears in 4 contracts

Samples: Form of Merger Agreement (Physicians Quality Care Inc), Merger Agreement (Physicians Quality Care Inc), Merger Agreement (Physicians Quality Care Inc)

Specific Performance. Each of the Parties acknowledges and agrees that the other Parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the other Parties shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof of this Agreement in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equity.

Appears in 4 contracts

Samples: Membership Unit Purchase Agreement (Alpha NR Holding Inc), Agreement and Plan of Merger (Alpha NR Holding Inc), Acquisition Agreement (Alpha NR Holding Inc)

Specific Performance. Each of the Parties parties hereto acknowledges and agrees that the other Parties party hereto would be irreparably damaged irreparably in the event any of the provisions of this Agreement are were not performed in accordance with their specific terms or were otherwise are breached. Accordingly, each of the Parties agrees that the other Parties parties hereto shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof thereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the mattersubject matter jurisdiction, in addition to any other remedy to which they the parties may be entitled, at law law, in equity or in equitypursuant to this Agreement.

Appears in 4 contracts

Samples: Asset Purchase Agreement (Xo Communications Inc), Asset Purchase Agreement (Allegiance Telecom Inc), Asset Purchase Agreement (Simon Transportation Services Inc)

Specific Performance. Each of the Parties acknowledges and agrees that the other Parties Party would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the other Parties Party shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this this. Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, matter in addition to any other remedy to which they it may be entitled, at law or in equity.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Clariti Telecommunications International LTD), Share Exchange Agreement (Clariti Telecommunications International LTD), Share Exchange Agreement (Clariti Telecommunications International LTD)

Specific Performance. Each of the Parties parties hereto acknowledges and agrees that the other Parties parties hereto would be irreparably damaged irreparably in the event any of the provisions of this Agreement are were not performed in accordance with their specific terms or were otherwise are breached. Accordingly, each of the Parties parties hereto agrees that the other Parties they each shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the mattersubject matter jurisdiction, in addition to any other remedy to which they any of the parties may be entitled, at law or in equity.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Gryphon Holdings Inc), Stock Purchase Agreement (Fremont General Corp), Stock Purchase Agreement (Oro Spanish Broadcasting Inc)

Specific Performance. Each of the Parties parties hereto acknowledges and agrees that the other Parties parties hereto would be irreparably damaged irreparably in the event any of the provisions of this Agreement are were not performed in accordance with their specific terms or were otherwise are breached. Accordingly, each of the Parties parties hereto agrees that each of the other Parties parties hereto shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the mattersubject matter jurisdiction, in addition to any other remedy to which they any party hereto may be entitled, at law or in equity.

Appears in 4 contracts

Samples: Securities Purchase Agreement (Unitedglobalcom Inc), Securities Purchase Agreement (Unitedglobalcom Inc), Agreement (Unitedglobalcom Inc)

Specific Performance. Each of the Parties parties hereto hereby acknowledges and agrees that the other Parties would parties may be damaged irreparably in the event that any of the material provisions of this Agreement are not substantially performed in accordance with their specific terms or are otherwise are breached. Accordingly, each of the Parties parties hereto hereby agrees that the other Parties parties shall be entitled to an injunction or injunctions to prevent breaches of the material provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equityentitled pursuant hereto.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Oragenics Inc), Asset Purchase Agreement (Odyssey Health, Inc.), Asset Purchase Agreement (Odyssey Group International, Inc.)

Specific Performance. Each of the Parties acknowledges and agrees that the other Parties Party would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the other Parties Party shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, in addition to any other remedy to which they it may be entitled, at law or in equity.. * * * * *

Appears in 3 contracts

Samples: Asset Purchase Agreement (Teamstaff Inc), Asset Purchase Agreement (Teamstaff Inc), Asset Purchase Agreement (Gevity Hr Inc)

Specific Performance. Each of the Parties acknowledges The parties to this Agreement acknowledge and agrees agree that the other Parties each would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, the parties hereto agree that each of the Parties agrees that the other Parties party shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties parties to this Agreement and the matter, in addition to any other remedy to which they may be entitled, at law or in equity.

Appears in 3 contracts

Samples: Subscription Agreement (Thayer Ventures Acquisition Corp), Subscription Agreement (Thayer Ventures Acquisition Corp), Contribution Agreement (Radiation Therapy Services Holdings, Inc.)

Specific Performance. Each of the Parties parties hereto acknowledges and agrees that the other Parties party hereto would be irreparably damaged irreparably in the event any of the provisions of this Agreement are were not performed in accordance with their specific terms or were otherwise are breached. Accordingly, each of the Parties parties hereto agrees that the other Parties each shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof thereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the mattersubject matter jurisdiction, in addition to any other remedy to which they the parties may be entitled, at law law, in equity or in equitypursuant to this Agreement.

Appears in 3 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement, Asset Purchase Agreement (Footstar Inc)

Specific Performance. Each of the Parties Party acknowledges and agrees that the other Parties Party would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties Party agrees that the other Parties Party shall be entitled to an injunction or injunctions seek injunctive and other equitable relief to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, matter in addition to any other remedy to which they it may be entitledentitled to hereunder, or at law or in equity.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Edgewater Technology Inc/De/), Asset Purchase Agreement (Edgewater Technology Inc/De/), Asset Purchase Agreement (Edgewater Technology Inc/De/)

Specific Performance. Each of the Parties acknowledges and agrees -------------------- that the other Parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the other Parties shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equity.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Global Industrial Technologies Inc), Stock Exchange Agreement (Onemain Com Inc), Stock Purchase Agreement (Us Xpress Enterprises Inc)

Specific Performance. Each of the Parties Party acknowledges and agrees that the other Parties would be damaged irreparably in the event if any of the provisions provision of this Agreement are is not performed in accordance with their its specific terms or is otherwise are breachedBreached. Accordingly, each of the Parties Party agrees that the other Parties shall will be entitled to an injunction or injunctions to prevent breaches Beaches of the provisions of this Agreement and to enforce specifically this Agreement and the its terms and provisions hereof in any action Action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, subject to Sections 9.7 and 9.11, in addition to any other remedy to which they may be entitled, at law Law or in equity.

Appears in 3 contracts

Samples: Merger Agreement and Plan of Merger (American Physicians Insurance CO), Merger Agreement (Prime Medical Services Inc /Tx/), Merger Agreement and Plan of Merger (American Physicians Service Group Inc)

Specific Performance. Each of the Parties parties hereto hereby acknowledges and agrees that the other Parties parties would be damaged irreparably in the event that any of the material provisions of this Agreement are not substantially performed in accordance with their specific terms or are otherwise are breached. Accordingly, each of the Parties parties hereto hereby agrees that the other Parties parties shall be entitled to an injunction or injunctions to prevent breaches of the material provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any federal or state court of the United States or any state thereof having jurisdiction over the Parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equityentitled pursuant hereto.

Appears in 3 contracts

Samples: Exchange Agreement (Cig Wireless Corp.), Exchange Agreement (Cig Wireless Corp.), Exchange Agreement (Cig Wireless Corp.)

Specific Performance. Each of the Parties acknowledges and agrees -------------------- that the other Parties Party would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that each of the other Parties shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, matter in addition to any other remedy (subject to the provisions set forth in (S) 11.15 below) to which they it may be entitled, at law or in equity.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Applied Extrusion Technologies Inc /De), Asset Purchase Agreement (Applied Extrusion Technologies Inc /De), Asset Purchase Agreement (Applied Extrusion Technologies Inc /De)

Specific Performance. Each of the Parties parties acknowledges and agrees that the other Parties party would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties parties agrees that the other Parties party shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties parties and the mattermatter in accordance with Section 8.6, in addition to any other remedy to which they it may be entitled, at law or in equity.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Micro Therapeutics Inc), Agreement and Plan of Merger (Ev3 Inc.), Agreement and Plan of Merger (Micro Investment LLC)

Specific Performance. Each of the Parties Party acknowledges and agrees that the other Parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties Party agrees that the other Parties shall be entitled to an injunction or injunctions seek injunctive and other equitable relief to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, matter in addition to any other remedy to which they it may be entitledentitled to hereunder, or at law or in equity.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Edgewater Technology Inc/De/), Asset Purchase Agreement (Edgewater Technology Inc/De/), Asset Purchase Agreement (Edgewater Technology Inc/De/)

Specific Performance. Each of the Parties acknowledges and agrees that the other Parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the other Parties shall will be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equity.

Appears in 3 contracts

Samples: Technology License Agreement (Sphere 3D Corp), Purchase and Sale Agreement (ProPetro Holding Corp.), Purchase and Sale Agreement (KLX Energy Services Holdings, Inc.)

Specific Performance. Each of the Parties parties acknowledges and agrees that the other Parties parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties parties agrees that the other Parties parties shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions provision hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties parties and the matter, matter in addition to any other remedy to which they may be entitled, at law or in equity.

Appears in 3 contracts

Samples: Earnout Agreement (Edgewater Technology Inc/De/), Earnout Agreement (Edgewater Technology Inc/De/), Earnout Agreement (Edgewater Technology Inc/De/)

Specific Performance. Each of the Parties parties acknowledges and agrees that the other Parties parties hereto would be damaged irreparably in the event that, prior to the Closing, any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties parties hereto agrees that the other Parties parties hereto shall be entitled entitled, prior to the Closing, to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the mattercompetent jurisdiction, in addition to any other remedy to which they may be entitled, entitled at law or in equity.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Pipeline Data Inc), Agreement and Plan of Merger (Pipeline Data Inc), Agreement and Plan of Merger (Pipeline Data Inc)

Specific Performance. Each of the Parties Party acknowledges and agrees that the other Parties Party would be damaged irreparably in the event any of the provisions of this Agreement (including Sections 6.1, 6.2 and 6.3) are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties Party agrees that the other Parties Party shall be entitled to an injunction or injunctions other equitable relief to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, in addition to any other remedy to which they it may be entitled, at law or in equity.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Apellis Pharmaceuticals, Inc.), Asset Purchase Agreement (Optelecom-Nkf, Inc.), Asset Purchase Agreement (Apellis Pharmaceuticals, Inc.)

Specific Performance. Each of the Parties parties hereto acknowledges and agrees that the other Parties party hereto would be irreparably damaged irreparably in the event any of the provisions of this Agreement are were not performed in accordance with their specific terms or were otherwise are breached. Accordingly, each of the Parties parties hereto agrees that the other Parties they each shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof thereof in any action instituted in any court of the United States or any state thereof or jurisdiction having jurisdiction over the Parties and the mattersubject matter jurisdiction, in addition to any other remedy to which they such party may be entitled, at law or in equity.

Appears in 3 contracts

Samples: Trademark License Agreement (Fah Co Inc), Escrow Agreement (Driversshield Com Corp), Transitional License Agreement (Fah Co Inc)

Specific Performance. Each of the Parties acknowledges and agrees that one or more of the other Parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the other Parties shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, in addition to any other remedy to which they it may be entitled, at law or in equity. The prevailing party in any such action shall be entitled to recover from the other party its attorneys' fees, costs and expenses incurred in connection with regard to such action.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Trusted Information Systems Inc), Stock Purchase and Sale Agreement (Production Group International Inc), Agreement and Plan of Merger (Smaha Stephen E)

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Specific Performance. Each of the Parties acknowledges The parties acknowledge and agrees agree that the other Parties a party would be damaged irreparably in the event if any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the other Parties a party shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof of this Agreement in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties parties and the mattermatter (subject to the provisions set forth in Section 6.9), in addition to any other remedy to which they may be entitled, at law or in equity.

Appears in 3 contracts

Samples: Purchase Agreement (Pride Petroleum Services Inc), Purchase Agreement (Taylor Companies Inc), Purchase Agreement (Pride Petroleum Services Inc)

Specific Performance. Each of the Parties parties acknowledges and agrees that the other Parties parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties parties agrees that the other Parties shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equity.

Appears in 3 contracts

Samples: Registration Rights Agreement (Medical Device Manufacturing, Inc.), Registration Rights Agreement (Uti Corp), Registration Rights Agreement (Uti Corp)

Specific Performance. Each of the Parties acknowledges and -------------------- agrees that the other Parties Party would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the other Parties Party shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, matter in addition to any other remedy to which they it may be entitled, at law or in equity.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (B E C Energy), Purchase and Sale Agreement (Boston Edison Co), Purchase and Sale Agreement (Boston Edison Co)

Specific Performance. Each of the Parties acknowledges and agrees that the other Parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the other Parties shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equity.

Appears in 2 contracts

Samples: Call Option Agreement (Mobile Telesystems Ojsc), Call Option Agreement (Deutsche Telekom Ag)

Specific Performance. Each of the Parties acknowledges parties hereto acknowledge and agrees agree that the other Parties would be irreparably damaged irreparably in the event any of the provisions of this Agreement are were not performed by the other in accordance with their specific terms or were otherwise are breached. Accordingly, It is accordingly agreed that each of the Parties agrees that the other Parties party shall be entitled to an injunction or injunctions to prevent redress the breaches of the provisions of this Agreement and to specifically enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matterjurisdiction, in addition to any other remedy to which they such party may be entitled, entitled at law or in equity.

Appears in 2 contracts

Samples: Agreement (Universal Access Global Holdings Inc), Stock Purchase Agreement (Universal Access Global Holdings Inc)

Specific Performance. Each of the Parties acknowledges and agrees that the other Parties would be damaged irreparably in the event any of the provisions provision of this Agreement are is not performed in accordance with their its specific terms or is otherwise are breached. Accordingly, each of the Parties agrees that the other Parties shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of in the United States or in any state thereof having jurisdiction over the Parties and the matter, matter in addition to any other remedy to which they may be entitled, at law or in equityentitled pursuant hereto.

Appears in 2 contracts

Samples: Stock Purchase and Sale Agreement (Ecoark Holdings, Inc.), Stock Purchase and Sale Agreement (Banner Energy Services Corp.)

Specific Performance. Each of the Parties acknowledges and agrees that the other Parties Party would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the other Parties Party shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, matter in addition to any other remedy to which they it may be entitled, at law or in equity.. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK]

Appears in 2 contracts

Samples: Asset Purchase Agreement (Cholestech Corporation), Asset Purchase Agreement (Cholestech Corporation)

Specific Performance. Each of the Parties acknowledges and agrees that the other Parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the other Parties shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, matter in addition to any other remedy to which they it may be entitled, at law or in equity.. Purchase and Sale Agreement

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Ridgewood Power Growth Fund /Nj), Purchase and Sale Agreement (Ridgewood Electric Power Trust Iv)

Specific Performance. Each of the Parties parties executing this Agreement ("Parties") acknowledges and agrees that the other Parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the other Parties shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equity.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Esynch Corp/Ca), Agreement and Plan of Share Exchange (Innovus Corp)

Specific Performance. Each of the Parties acknowledges and agrees that the other Parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the other Parties Party shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the mattermatter in dispute, in addition to any other remedy to which they it may be entitled, at law or in equity.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Source Information Management Co), Asset Purchase Agreement (Source Information Management Co)

Specific Performance. Each of the Parties party hereto acknowledges and agrees that the other Parties parties hereto would be irreparably damaged irreparably in the event if any of the provisions provision of this Agreement are is not performed in accordance with their its specific terms or is otherwise are breached. Accordingly, each of the Parties party hereto agrees that the other Parties shall parties hereto will be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to specifically enforce specifically this Agreement and the its terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and parties in the matter, subject to Section 7.05 and Section 7.07, in addition to any other remedy to which they may be entitled, at law or in equity.

Appears in 2 contracts

Samples: Subscription Agreement (America Capital Energy Corp), Subscription Agreement (Crimson Exploration Inc.)

Specific Performance. Each of the Parties parties acknowledges and agrees that the other Parties party would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties parties agrees that the other Parties party shall be entitled to seek an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties parties and the matter, in addition to any other remedy to which they it may be entitled, at law Law or in equity.

Appears in 2 contracts

Samples: Agreement of Merger (Overnite Corp), Agreement of Merger (United Parcel Service Inc)

Specific Performance. Each of the Parties parties hereto acknowledges and agrees that the other Parties party hereto would be irreparably damaged irreparably in the event any of the provisions of this Agreement are were not performed in accordance with their specific terms or were otherwise are breached. Accordingly, each of the Parties parties hereto agrees that the other Parties they each shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the mattersubject matter jurisdiction, in addition to any other remedy to which they either of the parties may be entitled, at law or in equity.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Affiliated Managers Group Inc), Stock Purchase Agreement (Affiliated Managers Group Inc)

Specific Performance. Each of the Parties parties acknowledges and agrees that the other Parties party would be damaged irreparably in the event if any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties parties agrees that the other Parties party shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties parties and the matter, matter in addition to any other remedy to which they it may be entitled, at law or in equity.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Brown & Brown Inc), Asset Purchase Agreement (Brown & Brown Inc)

Specific Performance. Each of the Parties parties acknowledges and agrees that the other Parties parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties parties agrees that the other Parties parties shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court the courts of the United States or any state thereof competent jurisdiction as having jurisdiction over the Parties parties and the subject matter, in addition to any other remedy to which they may be entitled, at law or in equity.

Appears in 2 contracts

Samples: Assumption of Liability Agreement, Assumption of Liability Agreement

Specific Performance. Each of the Parties party hereto acknowledges and agrees that the other Parties parties hereto would be irreparably damaged irreparably in the event if any of the provisions provision of this Agreement are is not performed in accordance with their its specific terms or is otherwise are breached. Accordingly, each of the Parties party hereto agrees that the other Parties shall parties hereto will be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to specifically enforce specifically this Agreement and the its terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties parties in the matter subject to Sections 3.4 and the matter3.6 hereof, in addition to any other remedy to which they may be entitled, at law or in equity.

Appears in 2 contracts

Samples: Investors’ Rights Agreement (Vincera, Inc.), Investors’ Rights Agreement (Vincera, Inc.)

Specific Performance. Each of the Parties Party acknowledges and agrees that the other Parties would be damaged irreparably in the event if any of the provisions provision of this Agreement are is not performed in accordance with their its specific terms or is otherwise are breached. Accordingly, each of the Parties Party agrees that the other Parties shall will be entitled to seek an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the its terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, subject to Section 23, in addition to any other remedy to which they may be entitled, at law or in equity.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Metasource Group Inc), Agreement and Plan of Merger (Diomed Holdings Inc)

Specific Performance. Each of the Parties Party acknowledges and agrees that the other Parties Party would be damaged irreparably in the event any of the provisions of this Agreement (including Sections 6.1 and 6.2) are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties Party agrees that the other Parties Party shall be entitled to an injunction or injunctions other equitable relief to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, in addition to any other remedy to which they it may be entitled, at law or in equity.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Satcon Technology Corp), Asset Purchase Agreement (Qualmark Corp)

Specific Performance. Each of the Parties acknowledges and agrees that the other Parties Party would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the other Parties shall be Party is entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the mattermatter (subject to the provisions set forth in Section 12.15 of this Agreement), in addition to any other remedy to which they it may be entitled, at law or in equity.

Appears in 2 contracts

Samples: Merger Agreement (Lawson Software Inc), Merger Agreement (Lawson Software Inc)

Specific Performance. Each of the Parties parties acknowledges and agrees that the other Parties party would be damaged irreparably in the event if any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties parties agrees that the other Parties party shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties parties and the mattermatter (subject to the provisions below, in addition to any other remedy to which they it may be entitled, at law or in equity.)

Appears in 2 contracts

Samples: Share Exchange Agreement (Western Media Group Corp), Definitive Agreement (Western Media Group Corp)

Specific Performance. Each of the Parties acknowledges and agrees that the other Parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the other Parties shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, in addition matter (subject to any other remedy to which they may be entitled, at law or in equity.the provisions set

Appears in 2 contracts

Samples: Stock Purchase Agreement (Glacier Corp), Agreement and Plan of Merger (Snyder Communications Inc)

Specific Performance. Each of the Parties parties acknowledges and agrees that the other Parties party would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties parties agrees that the other Parties party shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties parties and the matter, matters in addition to any other remedy to which they it may be entitled, at law or in equity.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Degeorge Financial Corp), Agreement and Plan of Merger (Degeorge Peter R)

Specific Performance. Each of the Parties Party acknowledges and agrees that the other Parties would be damaged irreparably in the event if any of the provisions provision of this Agreement are is not performed in accordance with their its specific terms or is otherwise are breachedBreached. Accordingly, each of the Parties Party agrees that the other Parties shall will be entitled to an injunction or injunctions to prevent breaches Breaches of the provisions of this Agreement and to enforce specifically this Agreement and the its terms and provisions hereof in any action Action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, subject to SECTION 0, in addition to any other remedy to which they may be entitled, at law Law or in equity.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (3 D Systems Corp), Agreement and Plan of Merger (3 D Systems Corp)

Specific Performance. Each of the Parties parties hereto acknowledges and agrees that the other Parties parties hereto would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties parties hereto agrees that the other Parties parties hereto shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties parties and the matter, in addition to any other remedy to which they it may be entitled, at law or in equity.

Appears in 2 contracts

Samples: Stockholders Agreement (Crown Castle International Corp), Stockholders Agreement (Global Signal Inc)

Specific Performance. Each of the Parties acknowledges and agrees that the other Parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the other Parties shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equity.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Spectrum Organic Products Inc), Asset Purchase Agreement (Spectrum Organic Products Inc)

Specific Performance. Each of the Parties acknowledges and agrees that the other Parties would be damaged irreparably in the event that any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the any other Parties Party shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any other state thereof having jurisdiction over the Parties and parties in the matter, in addition to any other remedy (including monetary damages) to which they it may be entitled, at law or in equity.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Novastar Financial Inc), Membership Interest Purchase Agreement (Novastar Financial Inc)

Specific Performance. Each of the Parties party hereto acknowledges and agrees that the other Parties parties hereto would be irreparably damaged irreparably in the event if any of the provisions provision of this Agreement are is not performed in accordance with their its specific terms or is otherwise are breached. Accordingly, each of the Parties party hereto agrees that the other Parties shall parties hereto will be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to specifically enforce specifically this Agreement and the its terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties parties in the matter subject to Sections 4.4 and the matter4.6 hereof, in addition to any other remedy to which they may be entitled, at law or in equity.

Appears in 2 contracts

Samples: Co Sale and First Refusal Agreement (Vincera, Inc.), Co Sale and First Refusal Agreement (Vincera, Inc.)

Specific Performance. Each of the Parties parties hereto acknowledges and agrees that the other Parties parties would be irreparably damaged irreparably in the event any of the provisions of if this Agreement are were not performed in accordance with their its specific terms or were otherwise are breached. Accordingly, each of the Parties agrees that the other Parties parties hereto shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the mattersubject matter jurisdiction, in addition to any other remedy to which they the parties may be entitled, at law law, in equity or in equitypursuant to this Agreement.

Appears in 2 contracts

Samples: Ip Transport Agreement (Adelphia Communications Corp), Commercial Services Agreement (Adelphia Communications Corp)

Specific Performance. Each of the Parties acknowledges and agrees that one or more of the other Parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the other Parties shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, in addition to any other remedy to which they it may be entitled, at law or in equity. The prevailing party in any such action shall be entitled to recover from the other party its reasonable attorneys' fees, costs and expenses incurred in connection with regard to such action.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Axent Technologies Inc), Agreement and Plan of Merger (Raptor Systems Inc)

Specific Performance. Each of the Parties acknowledges and agrees -------------------- that one or more of the other Parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the other Parties shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, in addition to any other remedy to which they it may be entitled, at law or in equity.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Ss&c Technologies Inc), Agreement and Plan of Merger (Ss&c Technologies Inc)

Specific Performance. Each of the Parties acknowledges and -------------------- agrees that the other Parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the other Parties shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equity.. *****

Appears in 2 contracts

Samples: Registration and Participation Rights Agreement (Pinnacle Oil International Inc), Registration and Participation Rights Agreement (Pinnacle Oil International Inc)

Specific Performance. Each of the Parties acknowledges and agrees that the other Parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or are otherwise are breached. Accordingly, each of the Parties agrees that the other Parties shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to specifically enforce specifically this Agreement and the terms and provisions hereof of this Agreement in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equity.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Nextpath Technologies Inc), Agreement and Plan of Merger (Nextpath Technologies Inc)

Specific Performance. Each of the Parties party hereto acknowledges and agrees that the other Parties parties hereto would be irreparably damaged irreparably in the event if any of the provisions provision of this Agreement are is not performed in accordance with their its specific terms or is otherwise are breached. Accordingly, each of the Parties party hereto agrees that the other Parties shall parties hereto will be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to specifically enforce specifically this Agreement and the its terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties parties in the matter subject to Sections 6.05 and the matter6.07 hereof, in addition to any other remedy to which they may be entitled, at law or in equity.

Appears in 2 contracts

Samples: Employment Agreement (Vincera, Inc.), Employment Agreement (Vincera, Inc.)

Specific Performance. Each of the Parties parties acknowledges and agrees that the other Parties party would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties party agrees that the other Parties party shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement or any of them and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equity.

Appears in 2 contracts

Samples: Harken Energy Corp, Harken Energy Corp

Specific Performance. Each of the Parties acknowledges and agrees -------------------- that the other Parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the other Parties shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equity.. [THIS SPACE INTENTIONALLY LEFT BLANK]

Appears in 2 contracts

Samples: Stock Exchange Agreement (Onemain Com Inc), Stock Exchange Agreement (Onemain Com Inc)

Specific Performance. Each of the Parties Party acknowledges and agrees that the other Parties would be damaged irreparably in the event if any of the provisions provision of this Agreement are is not performed in accordance with their its specific terms or is otherwise are breached. Accordingly, and notwithstanding the provisions of Section 11(l), each of the Parties Party agrees that the other Parties shall Party will be entitled to seek an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the its terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, in addition to any other remedy to which they it may be entitled, at law or in equity.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Genesis Energy Lp), Purchase and Sale Agreement

Specific Performance. Each of the Parties parties to this Agreement acknowledges and agrees that the other Parties parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties parties agrees that that, other than as set forth in Sections 9.2(b)(i), (ii) and (iii), the other Parties parties shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equity.

Appears in 2 contracts

Samples: Iii Agreement and Plan of Merger (Andrew Corp), Agreement and Plan of Merger (Andrew Corp)

Specific Performance. Each of the Parties acknowledges and -------------------- agrees that one or more of the other Parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties agrees that the other Parties shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties and the matter, in addition to any other remedy to which they it may be entitled, at law or in equity.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Gupton O Bruce), Employment Agreement (Renaissance Solutions Inc)

Specific Performance. Each of the Parties parties acknowledges and agrees that the other Parties would be damaged irreparably in the event any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Accordingly, each of the Parties party agrees that the other Parties party shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically this Agreement and the terms and provisions hereof in any action instituted in any court of the United States or any state thereof having jurisdiction over the Parties parties and the matter, in addition to any other remedy to which they may be entitled, at law or in equity.

Appears in 2 contracts

Samples: Registration Rights Agreement (Us Sino Gateway Inc), Registration Rights Agreement (Us Sino Gateway Inc)

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