Common use of Specific Performance, Etc Clause in Contracts

Specific Performance, Etc. The Company and each Stockholder, in addition to being entitled to exercise all rights provided herein, in the Company's Certificate of Incorporation or granted by law, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. Each party agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Appears in 3 contracts

Samples: Stockholders Agreement (Freerealtime Com Inc), Stockholders Agreement (Freerealtime Com Inc), Stockholders Agreement (Freerealtime Com Inc)

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Specific Performance, Etc. The Company and each Stockholder, in addition to being entitled to exercise all rights provided herein, in the Company's Certificate of Incorporation or granted by law, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. Each party The Company and each Stockholder agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Appears in 2 contracts

Samples: Stockholders' Agreement (Highwaymaster Communications Inc), Stockholders' Agreement (SBC Communications Inc)

Specific Performance, Etc. The Company and each StockholderInvestor, in addition to being entitled to exercise all rights provided herein, in the Company's Certificate of Incorporation or granted by law, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. Each party agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Appears in 2 contracts

Samples: Investor Rights Agreement (Freerealtime Com Inc), Investor Rights Agreement (Freerealtime Com Inc)

Specific Performance, Etc. The Company and each StockholderHolder, in addition ------------------------- to being entitled to exercise all rights provided herein, in the Company's Amended and Restated Certificate of Incorporation or granted by law, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. Each party agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Appears in 2 contracts

Samples: Supplemental Stockholders' Agreement (Tellium Inc), Supplemental Stockholders' Agreement (Tellium Inc)

Specific Performance, Etc. The Company and each Stockholder, in addition to being entitled to exercise all rights provided herein, in the Company's Amended and Restated Certificate of Incorporation or granted by law, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. Each party The Company agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Appears in 1 contract

Samples: Stockholders' Agreement (Aeropostale Inc)

Specific Performance, Etc. The Company and each Stockholder, in addition to being entitled to exercise all rights provided herein, in the Company's ’s Certificate of Incorporation Incorporation, as amended, or granted by law, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. Each party agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Appears in 1 contract

Samples: Stockholders Agreement (K12 Inc)

Specific Performance, Etc. The Company and each Stockholder, in ------------------------- addition to being entitled to exercise all rights provided herein, in the Company's Certificate of Incorporation or granted by law, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. Each party agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Appears in 1 contract

Samples: Supplemental Stockholders' Agreement (Tellium Inc)

Specific Performance, Etc. The Company and each Stockholder, in addition to being entitled to exercise all rights provided herein, in the Company's Amended and Restated Certificate of Incorporation or granted by law, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. Each party agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Appears in 1 contract

Samples: Stockholders Agreement (Leapfrog Enterprises Inc)

Specific Performance, Etc. The Company and each StockholderHolder, in addition ------------------------- to being entitled to exercise all rights provided herein, in the Company's Amended and Restated Certificate of Incorporation or granted by law, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. Each party agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Appears in 1 contract

Samples: Supplemental Stockholders' Agreement (Tellium Inc)

Specific Performance, Etc. The Company and each StockholderHolder, in ------------------------- addition to being entitled to exercise all rights provided herein, in the Company's Amended and Restated Certificate of Incorporation or granted by law, including recovery of damages, will shall be entitled to specific performance of its rights under this Agreement. Each party agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Appears in 1 contract

Samples: Supplemental Stockholders' Agreement (Tellium Inc)

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Specific Performance, Etc. The Company and each StockholderSecurityholder, in addition to being entitled to exercise all rights provided herein, in the Company's Certificate certificate of Incorporation incorporation or granted by law, including recovery of damages, law will be entitled to specific performance of its rights under this Agreement. Each party agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Appears in 1 contract

Samples: Registration Rights Agreement (Northwestern Corp)

Specific Performance, Etc. The Company and each Stockholder, in addition to being entitled to exercise all rights provided herein, in the Company's Certificate of Incorporation or granted by law, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. Each party agrees The parties agree that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it them of the provisions of this Agreement and hereby agrees agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Appears in 1 contract

Samples: Stockholders Agreement (Intellisys Group Inc)

Specific Performance, Etc. The Company and each Stockholder, in addition to being entitled to exercise all rights provided herein, in the Company's ’s Amended and Restated Certificate of Incorporation or granted by law, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. Each party agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Appears in 1 contract

Samples: Stockholders Agreement (Leapfrog Enterprises Inc)

Specific Performance, Etc. The Company and each Stockholder, in ------------------------- addition to being entitled to exercise all rights provided herein, in the Company's Certificate of Incorporation or granted by law, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. Each party agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Appears in 1 contract

Samples: Stockholders Agreement (Tellium Inc)

Specific Performance, Etc. The Company and each Stockholder, in addition to being entitled to exercise all rights provided herein, in the Company's Restated Certificate of Incorporation Incorporation, or granted by law, including recovery of damages, will be entitled to specific performance of its rights under this Agreement. Each party agrees The Company and each Stockholder agree that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agrees agree to waive the defense in any action for specific performance that a remedy at law would be adequate.

Appears in 1 contract

Samples: Stockholders Agreement (SWWT Inc)

Specific Performance, Etc. The Company and each Stockholder, in In addition to being entitled to exercise all rights provided herein, in the Company's ’s Certificate of Incorporation or granted by law, including recovery of damages, each party to this Agreement will be entitled to specific performance of its rights under this Agreement. Each party agrees that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.

Appears in 1 contract

Samples: Stockholders Agreement (K12 Inc)

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