Common use of Availability of Equitable Remedies Clause in Contracts

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Closing Date, in addition to any other right or remedy available to it, to seek an injunction restraining such breach or threatened breach and to seek specific performance of any such provision of this Agreement, and, in either case, no bond or other security shall be required in connection therewith.

Appears in 6 contracts

Samples: Membership Interests Sale Agreement (Alpha Investment Inc.), Sale Agreement (FC Global Realty Inc), Sale Agreement (First Capital Real Estate Trust Inc)

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Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party the parties shall be entitledentitled before, either before or after the Closing Dateand only before, Closing, in addition to any other right or remedy available to itthem, to seek an injunction restraining such breach or a threatened breach and to seek specific performance of any such provision of this Agreement, and, ; and in either case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 6 contracts

Samples: Stock Purchase Agreement (Amedisys Inc), Exchange Agreement (Amedisys Inc), Exchange Agreement (Amedisys Inc)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated compen sated by money damages, any party shall be entitled, either before or after the Closing DateEffective Time, in addition to any other right or remedy available to it, to seek an injunction restraining such breach or threatened breach and to seek specific performance of any such provision of this Agreement, and, in either case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 6 contracts

Samples: Agreement and Plan of Merger (Iparty Corp), Agreement and Plan of Merger (Ninomiya Mori S), Agreement and Plan of Merger (Pangilinan Rich)

Availability of Equitable Remedies. Since a breach of the provisions of this the Agreement could not adequately be compensated by money damages, any party either Party shall be entitled, either before or after the Closing Date, in addition to any other right or remedy available to it, to seek an injunction restraining such breach or threatened breach and to seek specific performance of any such provision of this the Agreement, and, in either case, no bond or other security shall be required in connection therewith, and the Parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 6 contracts

Samples: Acquisition Agreement (Auxer Group Inc), Agreement (Auxer Group Inc), Plan of Acquisition (Auxer Group Inc)

Availability of Equitable Remedies. Since The Parties acknowledge and agree that (i) a breach of the provisions of this Agreement could not adequately be compensated by money damages, and (ii) any party Party shall (except as otherwise expressly provided in this Agreement) be entitled, either before or after the Closing DateClosing, in addition to any other right or remedy available to it, to seek an injunction restraining such breach or threatened breach and to seek specific performance of any such provision of this Agreement, and, in either case, and no bond or other security shall be required in connection therewith.

Appears in 4 contracts

Samples: Asset Purchase Agreement (Tri State Outdoor Media Group Inc), Asset Purchase Agreement (Tri State Outdoor Media Group Inc), Asset Purchase Agreement (Tri State Outdoor Media Group Inc)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Closing DateClosing, in addition to any other right or remedy available to it, to seek an injunction restraining such the breach or threatened breach and to seek specific performance of any such provision of this Agreement, and, in either case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 4 contracts

Samples: Loan and Security Agreement (Fix Corp International Inc), Agreement (Tenet Information Services Inc), Agreement of Acquisition Stock for Stock (Tenet Information Services Inc)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Closing Effective Date, in addition to any other right or remedy available to it, to seek an injunction restraining such breach or threatened breach and to seek specific performance of any such provision of this Agreement, and, in either case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 4 contracts

Samples: Omnibus Contribution Agreement (Gadsden Growth Properties, Inc.), Omnibus Contribution Agreement (Gadsden Growth Properties, Inc.), Omnibus Contribution Agreement (Gadsden Growth Properties, Inc.)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement or any transaction contemplated hereby could not adequately be compensated by money damages, any a party shall be entitled, either before or after the Closing Date, in addition to any other right or remedy available to it, to seek an injunction restraining such breach or a threatened breach and to seek specific performance of any such provision of this Agreement, and, in either case, Agreement and no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 3 contracts

Samples: Registration Rights Agreement (Centerline Holding Co), Management Agreement (Centerline Holding Co), Registration Rights Agreement (Centerline Holding Co)

Availability of Equitable Remedies. Since Each party acknowledges that a breach of the provisions of this Agreement could not adequately be compensated by money damages. Accordingly, any party shall be entitled, either before or after the Closing Date, in addition to any other right or remedy available to it, to seek an injunction restraining such breach or a threatened breach and to seek specific performance of any such provision of this Agreement, and, and in either case, case no bond or other security shall be required in connection therewith, and the parties hereby consent to such injunction and to the ordering of specific performance.

Appears in 3 contracts

Samples: Registration Rights Agreement (Cfi Proservices Inc), Registration Rights Agreement (Cfi Proservices Inc), Registration Rights Agreement (Cfi Proservices Inc)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Closing DateClosing, in addition to any other right or remedy available to it, to seek an injunction restraining such breach or a threatened breach and to seek specific performance of any such provision of this Agreement, and, and in either case, case no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Drexel Burnham Lambert Real Estate Associates Iii), Subscription and Purchase Agreement (Insignia Financial Group Inc), Stock Purchase Agreement (Drexel Burnham Lambert Real Estate Associates)

Availability of Equitable Remedies. Since The Parties acknowledge and agree that (i) a breach of the provisions of this Agreement could may not adequately be compensated by money damages, and (ii) any party Party shall be entitled, either before or after the Closing DateClosing, in addition to any other right or remedy available to it, to seek an injunction restraining such breach or threatened breach breach, and to seek specific performance of any such provision of this Agreement, and, in either case, no bond or other security shall be required in connection therewith.

Appears in 2 contracts

Samples: Asset Purchase Agreement (BOSTON OMAHA Corp), Asset Purchase Agreement (BOSTON OMAHA Corp)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party the Parties shall be entitledentitled before, either before or after the Closing Dateand only before, Closing, in addition to any other right or remedy available to itthem, to seek an injunction restraining such breach or a threatened breach and to seek specific performance of any such provision of this Agreement, and, ; and in either case, no bond or other security shall be required in connection therewith, and Parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Epicedge Inc), Agreement and Plan of Merger (Design Automation Systems Inc)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement agreement could not adequately be compensated by money damages, any party to this agreement shall be entitled, either before or after the Closing Date, in addition to any other right or remedy available to it, to seek an injunction restraining such breach or a threatened breach and to seek specific performance of any such provision of this Agreementagreement, and, and in either case, case no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 2 contracts

Samples: Interest Purchase Agreement (California Real Estate Investment Trust), Preferred Share Purchase Agreement (California Real Estate Investment Trust)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated compen­sated by money damages, any party shall be entitled, either before or after the Closing DateEffective Time, in addition to any other right or remedy available to it, to seek an injunction restraining such breach or threatened breach and to seek specific performance of any such provision of this Agreement, and, in either case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Media Exchange Group, Inc.), Agreement and Plan of Merger (Media Exchange Group, Inc.)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Closing DateClosing, in addition to any other right or remedy available to it, to seek an injunction restraining such breach or threatened breach and to seek specific performance of any such provision of this Agreement, and, in either case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 2 contracts

Samples: Acquisition Agreement (PSPP Holdings Inc), Asset Purchase Agreement (Drug Guild Distributors Inc)

Availability of Equitable Remedies. Since a A breach of the provisions of this Agreement could cannot adequately be compensated by money damages, any . Any party shall be entitled, either before or after the Closing Date, in addition to any other right or remedy available to ithim, to seek such equitable relief as may be granted by a court of competent jurisdiction, including obtaining an injunction injunction, restraining such breach or a threatened breach and to seek specific performance of any such provision of this Agreement, and, in either case, . In any such case no bond or other security shall be required in connection therewith.

Appears in 2 contracts

Samples: Stockholders Agreement (Warren Russell F JR), Stockholders Agreement (Kanders Warren B)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Closing DateClosing, in addition to any other right or remedy available to it, . to seek an injunction restraining such breach or threatened breach and to seek specific performance of any such provision of this Agreement, and, in either case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 1 contract

Samples: Acquisition Agreement (UC Hub Group Inc)

Availability of Equitable Remedies. Since a breach of the provisions ---------------------------------- of this Agreement could not adequately be compensated by money damages, any party the parties shall be entitledentitled before, either before or after the Closing Dateand only before, Closing, in addition to any other right or remedy available to itthem, to seek an injunction restraining such breach or a threatened breach and to seek specific performance of any such provision of this Agreement, and, ; and in either case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 1 contract

Samples: Asset Purchase Agreement (American International Assets Inc)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Closing Date, in addition to any other right or remedy available to him or to it, to seek an injunction restraining such breach or threatened breach and to seek specific performance of any such provision of this Agreement, Agreement and, in either case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 1 contract

Samples: Purchase Agreement (Highway One Oweb Inc)

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Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any non-breaching party shall be entitled, either before or after the Closing Date, in addition to any other right or remedy available to itavailable, to seek an injunction restraining such breach or threatened breach and to seek specific performance of any such provision of this Agreement, and, and in either case, case no bond or other security shall be required in connection therewith, and each party hereto hereby consents to such injunction and to the ordering of such specific performance.

Appears in 1 contract

Samples: Stockholders' Agreement (Theglobe Com Inc)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Closing Date, entitled in addition to any other right or remedy available to it, to seek an injunction apply to a court of competent jurisdiction restraining such breach or threatened breach and to seek specific performance of any such provision of this Agreement, and, in either case, no bond or other security shall be required in connection therewithwherewith.

Appears in 1 contract

Samples: Termination and Release (Broadcast International Inc)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any either party shall be entitled, either before or after the Closing DateEffective Time, in addition to any other right or remedy available to it, to seek an injunction restraining such breach or threatened breach and to seek specific performance of any such provision of this Agreement, and, in either case, no bond or other security shall be required in connection therewith, and the parties consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Kinetiks Com Inc)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Closing DateClosing, in addition to any other right or remedy available to it, to seek an injunction restraining such breach or a threatened breach and to seek specific performance of any such provision of this Agreement, and, and in either case, case no bond or other security shall be required in connection therewith., and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance. 10.08

Appears in 1 contract

Samples: Stock Purchase Agreement (Orbit International Corp)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any non-breaching party shall be entitled, either before or after the Closing Date, in addition to any other right or remedy available to ithim, to seek an injunction restraining such breach or threatened breach and to seek specific performance of any such provision of this Agreement, and, and in either case, case no bond or other security shall be required in connection therewith, and each party hereto hereby consents to such injunction and to the ordering of such specific performance.

Appears in 1 contract

Samples: Form of Stockholders' Agreement (Theglobe Com Inc)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, damages any party shall be entitled, either before or after the Closing DateClosing, in addition to any other right or remedy available to it, to seek an injunction restraining such breach or threatened breach and to seek specific performance of any such provision of this Agreement, and, in either case, no bond or other security shall be required in connection therewith, and the parties herby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 1 contract

Samples: Share Exchange Agreement (L Air Holding Inc)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not fully and adequately be compensated by money damages, any party shall be entitled, either before or after the Closing DateClosing, in addition to any other right or remedy available to it, to seek an injunction restraining such the breach or threatened breach and to seek specific performance of any such provision of this Agreement, and, in either case, no bond or other security shall be required in connection therewith.

Appears in 1 contract

Samples: Agreement (Mark Solutions Inc)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Closing Datedate of the execution and delivery hereof, in addition to any other right or remedy available to it, to seek an injunction restraining such breach or a threatened breach and to seek specific performance of any such provision of this Agreement, and, and in either case, case no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 1 contract

Samples: Termination Agreement (SRS Labs Inc)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated compen­sated by money damages, any party shall be entitled, either before or after the Closing DateClosing, in addition to any other right or remedy available to it, to seek an injunction restraining such breach or a threatened breach and to seek specific performance of any such provision of this Agreement, and, and in either case, case no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 1 contract

Samples: Stock Purchase Agreement (Gse Systems Inc)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Closing DateClosing, in addition to any other right or remedy available to it, to seek an injunction restraining such breach or a threatened breach and to seek specific performance of any such provision of this Agreement, and, in either case, no bond or other security shall be required in connection therewith.

Appears in 1 contract

Samples: Asset Purchase Agreement (Star Services Group Inc)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Closing Date, entitled in addition to any other right or remedy available to it, to seek an injunction restraining such breach or threatened breach and to seek specific performance of any such provision of this Agreement, and, in either case, no bond or other security shall be required in connection therewithwherewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 1 contract

Samples: Termination and Release (Broadcast International Inc)

Availability of Equitable Remedies. Since Because a breach material Breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Closing DateClosing, in addition to any other right or remedy available to it, to seek an injunction restraining such breach Breach or a threatened breach Breach and to seek specific performance of any such provision of this Agreement, and, and in either case, case no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 1 contract

Samples: Stock Purchase Agreement (Escalon Medical Corp)

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