Common use of Specific Performance and Other Remedies Clause in Contracts

Specific Performance and Other Remedies. The parties hereto agree that irreparable harm would occur if any of the provisions of this Agreement were not performed in accordance with their specific terms on a timely basis or were otherwise breached. It is accordingly agreed that, without posting bond or other undertaking, the parties shall be entitled to injunctive or other equitable relief to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement in any court of competent jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity. In the event that any such action is brought in equity to enforce the provisions of this Agreement, no party will allege, and each party hereby waives the defense or counterclaim, that there is an adequate remedy at law. The parties hereto further agree that (i) by seeking any remedy provided for in this Section 10(h), a party shall not in any respect waive its right to seek any other form of relief that may be available to such party under this Agreement and (ii) nothing contained in this Section 10(h) shall require any party hereto to institute any action for (or limit such party’s right to institute any action for) specific performance under this Section 10(h) before exercising any other right under this Agreement.

Appears in 4 contracts

Samples: Tender Agreement (Avast Holding B.V.), Tender Agreement (Avast Holding B.V.), Tender and Support Agreement (Prosensa Holding N.V.)

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Specific Performance and Other Remedies. The parties hereto agree that irreparable harm would occur if any of the provisions of this Agreement were not performed in accordance with their specific terms on a timely basis or were otherwise breached. It is accordingly agreed that, without posting bond or other undertaking, the parties shall be entitled to injunctive or other equitable relief to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement in any court of competent jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity. In the event that any such action is brought in equity to enforce the provisions of this Agreement, no party will allege, and each party hereby waives the defense or counterclaim, that there is an adequate remedy at law. The parties hereto further agree that (i) by seeking any remedy provided for in this Section 10(h9(h), a party shall not in any respect waive its right to seek any other form of relief that may be available to such party under this Agreement and (ii) nothing contained in this Section 10(h9(h) shall require any party hereto to institute any action for (or limit such party’s right to institute any action for) specific performance under this Section 10(h9(h) before exercising any other right under this Agreement.

Appears in 3 contracts

Samples: Tender and Support Agreement (GTCR Valor Merger Sub, Inc.), Tender and Support Agreement (GTCR Valor Merger Sub, Inc.), Tender and Support Agreement (GTCR Valor Merger Sub, Inc.)

Specific Performance and Other Remedies. The parties Parties hereto agree that irreparable harm would occur if any of the provisions of this Agreement were not performed in accordance with their its specific terms on a timely basis or were otherwise breached. It is accordingly agreed that, without posting bond or other undertaking, the parties Parties shall be entitled to injunctive or other equitable relief to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement in any court of competent jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity. In the event that any such action is brought in equity to enforce the provisions of this Agreement, no party Party will allege, and each party Party hereby waives the defense or counterclaim, that there is an adequate remedy at law. The parties Parties hereto further agree that (ia) by seeking any remedy provided for in this Section 10(h)4.10, a party Party shall not in any respect waive its right to seek any other form of relief that may be available to such party Party under this Agreement and (iib) nothing contained in this Section 10(h) 4.10 shall require any party Party hereto to institute any action for (or limit such partyParty’s right to institute any action for) specific performance under this Section 10(h) 4.10 before exercising any other right under this Agreement.

Appears in 2 contracts

Samples: Stock Purchase, Non Tender and Support Agreement (GTCR Valor Merger Sub, Inc.), Stock Purchase, Non Tender and Support Agreement (JMI Equity Fund VI LP)

Specific Performance and Other Remedies. The parties hereto agree that irreparable harm would occur if any of the provisions of this Agreement were not performed in accordance with their specific terms on a timely basis or were otherwise breached. It is accordingly agreed that, without posting bond or other undertakingirreparable damage would occur, no adequate remedy at Law would exist and damages would be difficult to determine and that the parties shall be entitled to injunctive injunction or other equitable relief injunctions to prevent breaches of this Agreement and to enforce specifically specific performance of the terms and provisions of this Agreement as set forth in Section 9(j) without necessity of posting bond or other security (any court of competent jurisdiction, this requirements therefor being in addition to any other remedy to which they are entitled at law or in equityexpressly waived). In the event that any such action is brought in equity to enforce the provisions of this Agreement, no party will allege, and each party hereby waives the defense or counterclaim, that there is an adequate remedy at law. The parties hereto further agree that (ia) by seeking any remedy provided for in this Section 10(h9(g), a party shall not in any respect waive its right to seek any other form of relief that may be available to such party under this Agreement and (iib) nothing contained in this Section 10(h9(g) shall require any party hereto to institute any action for (or limit such party’s right to institute any action for) specific performance under this Section 10(h9(g) before exercising any other right under this Agreement.

Appears in 1 contract

Samples: Tender and Support Agreement (Oplink Communications Inc)

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Specific Performance and Other Remedies. The parties hereto agree that irreparable harm would occur if any of the provisions of this Agreement were not performed in accordance with their specific terms on a timely basis or were otherwise breached. It is accordingly agreed that, without posting bond or other undertakingirreparable damage would occur, no adequate remedy at Law would exist and damages would be difficult to determine and that the parties shall be entitled to injunctive injunction or other equitable relief injunctions to prevent breaches of this Agreement and to enforce specifically specific performance of the terms and provisions of this Agreement as set forth in Section 10(k) without necessity of posting bond or other security (any court of competent jurisdiction, this requirements therefor being in addition to any other remedy to which they are entitled at law or in equityexpressly waived). In the event that any such action is brought in equity to enforce the provisions of this Agreement, no party will allege, and each party hereby waives the defense or counterclaim, that there is an adequate remedy at law. The parties hereto further agree that (i) by seeking any remedy provided for in this Section 10(h), a party shall not in any respect waive its right to seek any other form of relief that may be available to such party under this Agreement and (ii) nothing contained in this Section 10(h) shall require any party hereto to institute any action for (or limit such party’s right to institute any action for) specific performance under this Section 10(h) before exercising any other right under this Agreement.

Appears in 1 contract

Samples: Support Agreement (Ocata Therapeutics, Inc.)

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