Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 111 contracts
Samples: Agreement and Plan of Merger (CIIG Capital Partners II, Inc.), Tender and Support Agreement (Chesapeake Energy Corp), Transaction Agreement and Plan of Merger (Livent Corp.)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereofhereof in any federal court located in the State of Delaware or any Delaware state court, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 111 contracts
Samples: Voting and Support Agreement (Traton Se), Voting and Support Agreement (Navistar International Corp), Voting and Support Agreement (Traton Se)
Specific Performance. The Each of the parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereofhereof in any federal or state court located in the State of Delaware, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 63 contracts
Samples: Stockholders Agreement (Alignment Healthcare, Inc.), Director Nomination Agreement (Specialty Building Products, Inc.), Stockholders Agreement (EngageSmart, Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur if in the event any provision of this Agreement were was not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or and to enforce specifically the performance of the terms and provisions hereof, of this Agreement in addition to any other remedy to which they are entitled at law or in equity.
Appears in 46 contracts
Samples: Rollover Agreement (Presidio, Inc.), Rollover Agreement (Presidio, Inc.), Shareholder Agreement (EVINE Live Inc.)
Specific Performance. The parties hereto Parties agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and hereof. It is accordingly agreed that the parties Parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 32 contracts
Samples: Share Purchase Agreement (WeTrade Group Inc.), Share Purchase Agreement (Ilustrato Pictures International Inc.), Shareholders Agreement
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of the provisions of this Agreement were not performed in accordance with the their specific terms hereof and or otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or and to enforce specifically the performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 30 contracts
Samples: Employment Agreement (Healthcare Integrated Technologies Inc.), Employment Agreement (Healthcare Integrated Technologies Inc.), Employment Agreement (Healthcare Integrated Technologies Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement agreement or to enforce specifically the performance of the terms and provisions hereof, hereof in addition to any other remedy to which they are entitled at law or in equity.
Appears in 21 contracts
Samples: Exchange Agreement (Callon Petroleum Co), Purchase Agreement (Callon Petroleum Co), Exchange Agreement
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereofhereof in any federal or state court located in the State of Delaware, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 18 contracts
Samples: Stockholders Agreement (Torrid Holdings Inc.), Stockholders Agreement (Torrid Holdings Inc.), Limited Liability Company Agreement (Bioventus Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur if in the event that any provision of the provisions of this Agreement were not performed in accordance with the their specific terms hereof and or were otherwise breached. It is accordingly agreed that the parties Company shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or by a Holder and to enforce specifically the performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 18 contracts
Samples: Stockholder Lock Up Agreement (Triller Corp.), Registration Rights Agreement (Bitcoin Depot Inc.), Registration Rights Agreement (Bitcoin Depot Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereofhereof in any court of competent jurisdiction, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 17 contracts
Samples: Share Subscription Agreement (MINISO Group Holding LTD), Share Subscription Agreement (MINISO Group Holding LTD), Purchase and Sale Agreement (Pattern Energy Group Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur if in the event that any provision of the provisions of this Agreement were not performed in accordance with the their specific terms hereof and or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or and to enforce specifically the performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled at law or in equityof this Agreement.
Appears in 15 contracts
Samples: Transaction Agreement (Mitsubishi Ufj Financial Group Inc), Investor Agreement (Mitsubishi Ufj Financial Group Inc), Investor Agreement (Morgan Stanley)
Specific Performance. The parties hereto agree acknowledge that irreparable damage would occur result if any provision of this Agreement were not performed in accordance with the terms hereof specifically enforced, and they therefore consent that the rights and obligations of the parties under this Agreement may be enforced by a decree of specific performance issued by a court of competent jurisdiction. Such remedy shall, however, not be exclusive and shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereof, in addition to any other remedy to remedies which they are entitled at law any party may have under this Agreement or in equityotherwise.
Appears in 13 contracts
Samples: Stock Repurchase Agreement (Green Plains Renewable Energy, Inc.), Stock Repurchase Agreement (NTR PLC), Stock Repurchase Agreement (Green Plains Renewable Energy, Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled at law Law or in equity.
Appears in 13 contracts
Samples: Stock Purchase Agreement (Cowen Group, Inc.), Stock Purchase Agreement (Western Digital Corp), Stock Purchase Agreement (Natures Sunshine Products Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur if in the event any provision of this Agreement were was not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent or cure breaches of this Agreement or and to enforce specifically the performance of the terms and provisions hereof, of this Agreement in addition to any other remedy to which they are entitled at law or in equity, and any party sued for breach of this Agreement expressly waives any defense that a remedy in damages would be adequate.
Appears in 12 contracts
Samples: Stock Purchase Agreement (Incyte Corp), Stock Purchase Agreement (MSC Industrial Direct Co Inc), Stock Purchase Agreement (MSC Industrial Direct Co Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereofhereof in any federal court located in the State of Washington or any Washington state court, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 11 contracts
Samples: Voting Agreement (At&t Inc.), Voting Agreement (At&t Inc.), Voting Agreement (At&t Inc.)
Specific Performance. The parties hereto Parties agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall Parties will be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled at law Law or in equity.
Appears in 11 contracts
Samples: Separation Agreement (Lovarra), Separation Agreement (Logiq, Inc.), Separation Agreement (Net Element, Inc.)
Specific Performance. The parties Parties hereto agree that irreparable damage would occur if any provision provisions of this Agreement were not performed in accordance with the terms hereof and that the parties Parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 10 contracts
Samples: Non Competition Agreement (RLX Technology Inc.), Non Competition Agreement (NetEase, Inc.), Transitional Services Agreement (NetEase, Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 10 contracts
Samples: Warrant Repurchase Agreement, Stockholders Agreement (Fairmount Santrol Holdings Inc.), Redemption Agreement (Covia Holdings Corp)
Specific Performance. The parties hereto acknowledge and agree that irreparable damage would occur if in the event that any provision of the provisions of this Agreement were not performed in accordance with the terms hereof and their specifications or were otherwise breached. It is accordingly agreed that each of the parties hereto shall be entitled to an injunction or injunctions to prevent or cure breaches of the provisions of this Agreement or by the other and to enforce specifically the performance of the terms and provisions hereofof this Agreement, this being in addition to any other remedy to which they are may be entitled at by law or in equity.
Appears in 10 contracts
Samples: Piggyback Registration Rights Agreement (Surfnet Media Group Inc), Piggyback Registration Rights Agreement (Surfnet Media Group Inc), Piggyback Registration Rights Agreement (Surfnet Media Group Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereofhereof in the courts and other bodies specified in Section 7.5, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 9 contracts
Samples: Purchase and Sale Agreement (Pattern Energy Group Inc.), Purchase and Sale Agreement (Pattern Energy Group Inc.), Purchase and Sale Agreement
Specific Performance. (a) The parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches or threatened breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled at law Law or in equity.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (White River Energy Corp.), Agreement and Plan of Merger (INVO Bioscience, Inc.), Merger Agreement (Chicken Soup for the Soul Entertainment, Inc.)
Specific Performance. The parties hereto agree that irreparable damage would may occur if any provision of this Agreement were is not performed in accordance with the terms hereof and that the parties shall be entitled to seek an injunction or injunctions or other equitable relief to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereofhereof in any court set forth in Section 5.8, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 8 contracts
Samples: Stockholder Rights Agreement (Graftech International LTD), Stockholder Rights Agreement, Shareholders’ Agreement (Signet Jewelers LTD)
Specific Performance. The parties hereto agree acknowledge that irreparable damage would occur result if any provision of this Agreement were not performed in accordance with the terms hereof specifically enforced, and they therefore consent that the rights and obligations of the parties under this Agreement may be enforced by a decree of specific performance issued by a court of competent jurisdiction. Such remedy shall, however, not be exclusive and shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereof, in addition to any other remedy to remedies, including arbitration, which they are entitled at law any party may have under this Agreement or in equityotherwise.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Haskel International Inc), Agreement and Plan of Merger (Huntsman Packaging Corp), Agreement and Plan of Merger (Kofax Image Products Inc)
Specific Performance. The parties hereto to this Agreement agree that irreparable damage would occur if in the event that any provision of the provisions of this Agreement were not performed in accordance with the their specific terms hereof and or were otherwise breached. It is accordingly agreed that the parties shall will be entitled to an injunction or injunctions to prevent breaches of this Agreement or and to enforce specifically the performance of the terms and provisions hereofof this Agreement, this being in addition to any other remedy to which they the parties are entitled at law or in equity.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Critical Path Inc), Conversion and Contribution Agreement (Vectis Cp Holdings LLC), Note Exchange Agreement (Critical Path Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur if in the event any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or and to enforce specifically the performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Microsemi Corp), Agreement and Plan of Merger (Vitesse Semiconductor Corp), Agreement and Plan of Merger (WaferGen Bio-Systems, Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereofhereof in any court specified in Section 12.07, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 7 contracts
Samples: Agreement and Plan of Merger (Kbw, Inc.), Agreement and Plan of Merger (Stifel Financial Corp), Agreement and Plan of Merger (Hudson Holding Corp)
Specific Performance. The parties hereto agree that irreparable damage would occur if in the event that any provision of the provisions of this Agreement were not performed by them in accordance with the terms hereof or were otherwise breached and that the parties each party hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or the provisions hereof and to enforce specifically the specific performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 7 contracts
Samples: Purchase Agreement, Asset Purchase Agreement (Magnum Hunter Resources Corp), Purchase Agreement (Fly Leasing LTD)
Specific Performance. The parties hereto agree that irreparable -------------------- damage would occur if in the event any provision of this Agreement were was not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or and to enforce specifically the performance of the terms and provisions hereof, of this Agreement in addition to any other remedy to which they are entitled at law or in equity.
Appears in 7 contracts
Samples: Agreement and Plan of Contribution (General Electric Co), Agreement and Plan (General Electric Co), Agreement and Plan (Xoom Inc)
Specific Performance. The parties hereto agree that irreparable damage harm would occur if in the event any provision of this Agreement were was not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or and to enforce specifically the performance of the terms and provisions hereof, of this Agreement in addition to any other remedy to which they are entitled at law or in equity.
Appears in 7 contracts
Samples: Contribution Agreement, Rollover Agreement, Rollover Agreement (ConvergeOne Holdings, Inc.)
Specific Performance. The parties hereto Parties agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties Parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereof, of this Agreement in addition to any other remedy to which they are entitled to at law or in equity, in each case without the requirement of posting any bond or other type of security.
Appears in 7 contracts
Samples: Share Purchase Agreement (The9 LTD), Share Purchase Agreement (The9 LTD), Share Purchase Agreement (The9 LTD)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of the provisions of this Agreement were not performed in accordance with the their specific terms hereof and or were otherwise breached. It is accordingly agreed that each of the parties hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or and to enforce specifically the performance of the terms and provisions hereofof this Agreement, without the necessity of proving the inadequacy of money damages as a remedy, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 7 contracts
Samples: Securities Purchase Agreement (Emerald Oil, Inc.), Securities Purchase Agreement (Emerald Oil, Inc.), Securities Purchase Agreement (Emerald Oil, Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereofhereof in the courts and other bodies specified in Section 7.4, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 7 contracts
Samples: Purchase and Sale Agreement (Pattern Energy Group Inc.), Purchase and Sale Agreement (Pattern Energy Group Inc.), Purchase and Sale Agreement
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereofhereof in any court specified in Section 14.3, in addition to any other remedy to which they are entitled at law or in equity. The parties hereby waive, in any action for specific performance, the defense of adequacy of a remedy at law and the posting of any bond or other security in connection therewith.
Appears in 6 contracts
Samples: Administrative Services Agreement (Equitable America Variable Account a of Equitable Financial Life Insurance Co of America), Administrative Services Agreement (Equitable America Variable Account L of Equitable Financial Life Insurance Co of America), Administrative Services Agreement (Equitable America Variable Account L of Equitable Financial Life Insurance Co of America)
Specific Performance. The parties hereto acknowledge and agree that irreparable damage would occur if in the event that any provision of the provisions of this Agreement were not performed in accordance with the their specific terms hereof and or were otherwise breached. Accordingly, it is agreed that the parties they shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement or and to enforce specifically the performance of the terms and provisions hereof, in addition to any other remedy to which they are may be entitled at law or in equity.
Appears in 6 contracts
Samples: Registration Rights Agreement (Universal Logistics Holdings, Inc.), Registration Rights Agreement (Universal Truckload Services, Inc.), Registration Rights Agreement (LINC Logistics Co)
Specific Performance. The parties hereto agree that irreparable damage would occur if in the event that any provision of the provisions of this Agreement were not performed in accordance with the their specific terms hereof and or were otherwise breached. It is accordingly agreed that the parties shall be entitled to the remedy of specific performance of such provisions and to an injunction or injunctions and/or such other equitable relief as may be necessary to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled at law or in equityAgreement.
Appears in 6 contracts
Samples: Tender and Stockholder Support Agreement (Xyratex LTD), Tender and Stockholder Support Agreement (Xyratex LTD), Support Agreement (Mentor Graphics Corp)
Specific Performance. The parties hereto agree that irreparable damage would occur if in the event any provision of this Agreement were was not performed in accordance with the terms hereof and that that, in addition to any remedy to which they are entitled at law or in equity, the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or and to enforce specifically the performance of the terms and provisions hereof, in addition of this Agreement without the need to any other remedy to which they are entitled at law post a bond or in equityprove special damages.
Appears in 6 contracts
Samples: Shareholders Agreement (Bullet Environmental Technologies Inc), Voting Agreement (Artecon Inc /De/), Form of Voting Agreement (Artecon Inc /De/)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof of this Agreement and that the parties hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereofhereof in the Chosen Courts, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 6 contracts
Samples: Voting and Support Agreement (Transocean Ltd.), Voting and Support Agreement (Transocean Ltd.), Voting and Support Agreement (Perestroika)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and hereof, and, accordingly, that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereofhereof in the Chapter 11 Court, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 6 contracts
Samples: Stock Purchase Agreement (Landamerica Financial Group Inc), Stock Purchase Agreement (Fidelity National Financial, Inc.), Stock Purchase Agreement (Fidelity National Financial, Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur if in the event that any provision of the provisions of this Agreement were not performed in accordance with the terms hereof and that hereof. Accordingly, the parties agree that each of them shall be entitled to an injunction or injunctions seek injunctive relief to prevent breaches of the terms of this Agreement or and to enforce specifically the seek specific performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled now or hereafter available at law or in equity, or otherwise.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Worldquest Networks Inc), Stock Purchase Agreement (Nab Asset Corp), License Agreement (Pacifichealth Laboratories Inc)
Specific Performance. The parties hereto agree acknowledge that irreparable damage would occur result if any provision of this Agreement were not performed in accordance with the terms hereof specifically enforced, and they therefore consent that the rights and obligations of the parties under this Agreement may be enforced by a decree of specific performance issued by a court of competent jurisdiction. Such remedy shall, however, not be exclusive and shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereof, in addition to any other remedy to remedies, including arbitration, which they are entitled at law any party may have under this Agreement or in equityotherwise.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Monarch Dental Corp), Agreement and Plan of Merger (Baby Superstore Inc), Agreement and Plan of Merger (SPS Technologies Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereofhereof in any court specified in Section 11.08, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Ipsco Inc), Agreement and Plan of Merger (Energizer Holdings Inc), Agreement and Plan of Merger (Ns Group Inc)
Specific Performance. The parties hereto agree acknowledge that irreparable damage would occur result if any provision of this Agreement were not performed in accordance with the terms hereof specifically enforced, and they therefore consent that the rights and obligations of the parties under this Agreement may be enforced by a decree of specific performance issued by a court of competent jurisdiction. Such remedy shall, however, not be exclusive and shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereof, in addition to any other remedy to remedies which they are entitled at law any Party may have under this Agreement or in equityotherwise.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Plato Learning Inc), Agreement and Plan of Merger (Marwich Ii LTD), Agreement and Plan of Merger (Marwich Ii LTD)
Specific Performance. The parties hereto agree that irreparable damage damages would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereof, in addition to any other remedy to which they are the party may be entitled at law or in equityunder applicable law.
Appears in 5 contracts
Samples: Securities Purchase Agreement (Aimmune Therapeutics, Inc.), Stock Purchase Agreement (Angion Biomedica Corp.), Stock Purchase Agreement (Gritstone Oncology, Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereofAgreement, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 5 contracts
Samples: Agreement and Plan of Merger and Reorganization (Sonicwall Inc), Agreement and Plan of Merger and Reorganization (OccuLogix, Inc.), Agreement and Plan of Merger and Reorganization (Accelrys, Inc.)
Specific Performance. The parties hereto Parties agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties Parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereofhereof in any court specified in Section 4.12, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 5 contracts
Samples: Voting Agreement (Newhouse Broadcasting Corp), Preferred Share Exchange Agreement (Newhouse Broadcasting Corp), Rights Agreement (Discovery Communications, Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of the provisions of this Agreement were not performed in accordance with the its specific terms hereof and or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or and to enforce specifically the performance of the terms and provisions hereof, hereof in addition to any other remedy to which they are entitled at law or in equity.
Appears in 5 contracts
Samples: Limited Liability Company Agreement (MEADWESTVACO Corp), Limited Liability Company Agreement (Plum Creek Timber Co Inc), Shareholders’ Agreement (Watsco Inc)
Specific Performance. The parties hereto Parties agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereofhereof in any court of competent jurisdiction, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 5 contracts
Samples: Share Subscription Agreement (Dai Kun), Share Subscription Agreement (Uxin LTD), Share Subscription Agreement (Eve One Fund II L.P.)
Specific Performance. The parties hereto agree that irreparable damage would occur if in the event that any provision of the provisions of this Agreement were not performed in accordance with the their specific terms hereof and that or were otherwise breached. Accordingly, the parties shall be entitled to specific performance of the terms hereof, including an injunction or injunctions to prevent breaches of this Agreement or and to enforce specifically the performance of the terms and provisions hereofof this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 5 contracts
Samples: Stock Purchase Agreement (American Beverage Co Ambev), Stock Purchase Agreement (American Beverage Co Ambev), Stock Purchase Agreement (American Beverage Co Ambev)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereof in the courts specified in Section 13 hereof, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 5 contracts
Samples: Reimbursement Agreement (Visteon Corp), Reimbursement Agreement (Visteon Corp), Reimbursement Agreement (Ford Motor Co)
Specific Performance. The parties hereto agree that irreparable damage would occur if in the event that any provision of the provisions of this Agreement were not performed in accordance with the their specific terms hereof and or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or and to enforce specifically the performance of the terms and provisions hereof, such remedy being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 5 contracts
Samples: Stock Option Agreement (General Electric Co), Stock Option Agreement (General Electric Co), Stock Option Agreement (Lunar Corp)
Specific Performance. The parties hereto agree that irreparable damage would occur if in the event any provision of this Agreement were and the Exhibits hereto was not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or and to enforce specifically the performance of the terms and provisions hereof, of this Agreement in addition to any other remedy to which they are entitled at law or in equity.
Appears in 5 contracts
Samples: Asset Purchase Agreement (Infospace Inc), Asset Purchase Agreement (Idearc Inc.), Asset Purchase Agreement (Infospace Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur if in the event any provision of this Agreement were was not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or and to enforce specifically the performance of the terms and provisions hereofof this Agreement, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Recapitalization Agreement (Commonwealth Telephone Enterprises Inc /New/), Agreement and Plan of Merger (Medical Alliance Inc), Agreement and Plan of Merger (Medical Alliance Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereofhereof in any court set forth in Section 8.07, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Transition Services Agreement, Transition Services Agreement (Murphy USA Inc.), Transition Services Agreement (Murphy Oil Corp /De)
Specific Performance. The parties Parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties Parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Asset Purchase Agreement (GAIN Capital Holdings, Inc.), Asset Purchase Agreement (Global Brokerage, Inc.), Master Transaction Agreement (Origin Agritech LTD)
Specific Performance. The parties hereto agree that irreparable damage would occur if in the event any provision of this Agreement were not performed in accordance with the terms hereof and that that, without derogating from the applicable court’s general discretion to decline granting any equitable relief, the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or and to enforce specifically the performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled at law Law or in equity.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (NCR Corp), Agreement and Plan of Merger (Retalix LTD), Agreement and Plan of Merger (Retalix LTD)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereofhereof in any court of competent jurisdiction, in addition to any other remedy to which they are entitled at law or in equity.. [SIGNATURE PAGE FOLLOWS]
Appears in 4 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement
Specific Performance. The parties hereto Parties agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties Parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereofhereof in any court set forth in Section 11.06, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: License Agreement (Cellectis S.A.), License Agreement (Calyxt, Inc.), License Agreement (Cellectis S.A.)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and hereof, and, accordingly, that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Vocaltec Communications LTD), Agreement and Plan of Merger (Microsemi Corp), Agreement and Plan of Merger (Powerdsine LTD)
Specific Performance. The parties hereto agree that -------------------- irreparable damage would occur if in the event any provision of this Agreement were was not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or and to enforce specifically the performance of the terms and provisions hereof, of this Agreement in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Agreement and Plan of Contribution and Merger (Xoom Inc), Stockholder Agreement (Exodus Communications Inc), Stockholder Agreement (Global Crossing LTD)
Specific Performance. The parties hereto agree that irreparable damage would occur if in the event that any provision of this Agreement were not performed in accordance with the terms hereof and hereof. It is accordingly agreed that if the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or and to enforce specifically the performance of the terms and provisions hereofof this Agreement in accordance with Section 7.7, this being in addition to any other remedy to which they are such party is entitled at law or in equity.
Appears in 4 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Arris Group Inc), Agreement and Plan of Merger (Steris Corp)
Specific Performance. The parties hereto agree that irreparable damage would may occur if in the event that any provision of the provisions of this Agreement were not performed by them in accordance with the terms hereof or were otherwise breached and that the parties each party hereto shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement or the provisions hereof and to enforce specifically the specific performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Asset Purchase Agreement (Bioventus Inc.), Stock Purchase Agreement (LiveXLive Media, Inc.), Stock Purchase Agreement (Wanda Sports Group Co LTD)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of the provisions of this Agreement were not performed in accordance with the their specific terms hereof and or otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions injunctions, without the posting of any bond or security, to prevent breaches of this Agreement or and to enforce specifically the performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Mackie Designs Inc), Stock Purchase Agreement (One Price Clothing Stores Inc), Stock Purchase Agreement (Mackie Designs Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur if in the event that any provision of the provisions of this Agreement were not performed in accordance with the their specific terms hereof and or were otherwise breached. It is agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or and to enforce specifically the performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Wellcare Management Group Inc), Agreement and Plan of Merger (Wellcare Group Inc), Purchase Agreement (Wellcare Group Inc)
Specific Performance. The parties hereto hereby agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Securities Purchase Agreement (Centurium Capital Partners 2018, L.P.), Stock Purchase Agreement (Hill Path Capital LP), Share Repurchase Agreement (SeaWorld Entertainment, Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches or threatened breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled at law Law or in equity.
Appears in 4 contracts
Samples: Membership Interest Purchase Agreement, Membership Interest Purchase Agreement (Hi-Crush Partners LP), Membership Interest Purchase Agreement (Hi-Crush Partners LP)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereofhereof in any of the Chosen Courts, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Stock Purchase Agreement, Stock Purchase Agreement, Stock Purchase Agreement
Specific Performance. The parties hereto agree that irreparable damage would occur if in the event that any provision of the provisions of this Agreement were not performed in accordance with the terms hereof and that hereof. Accordingly, the parties agree that each of them shall be entitled to an injunction or injunctions injunctive relief to prevent breaches of the terms of this Agreement or and to enforce specifically the specific performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled now or hereafter available at law or in equity, or otherwise.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Cavco Industries Inc), Stock Purchase Agreement (Janal LTD Partnership), Agreement and Plan of Merger (Janal LTD Partnership)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall will be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereofhereof in any court specified in Section 10.5, in addition to any other remedy to which they are entitled at law Law or in equity.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (JetPay Corp), Agreement and Plan of Merger (Universal Business Payment Solutions Acquisition Corp), Agreement and Plan of Merger (Universal Business Payment Solutions Acquisition Corp)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties non-breaching party shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Stockholder Voting Agreement (Omthera Pharmaceuticals, Inc.), Stockholder Voting Agreement (Omthera Pharmaceuticals, Inc.), Stockholder Voting Agreement (Omthera Pharmaceuticals, Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement agreement or to enforce specifically the performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Shareholders Agreement (Comcast Corp), Shareholders Agreement (Comcast Corp), Shareholders Agreement (NBCUniversal Media, LLC)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions (without the posting of a bond or other security) to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Contribution and Purchase Agreement (Enterprise Products Partners L P), Contribution Agreement (Crestwood Midstream Partners LP), Follow on Contribution Agreement (Crestwood Gas Services Holdings LLC)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of the provisions of this Agreement were not performed by them in accordance with the terms hereof or were otherwise breached and that the parties each party hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or the provisions hereof and to enforce specifically the specific performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Powder Asset Purchase Agreement (Alphabet Holding Company, Inc.), Bar Asset Purchase Agreement (Nbty Inc), Bar Asset Purchase Agreement (Alphabet Holding Company, Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereofhereof in any federal court located in the State of Arkansas or any Arkansas state court, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (First Federal Bancshares of Arkansas Inc), Irrevocable Proxy and Voting Agreement (Bear State Financial, Inc.), Irrevocable Proxy and Voting Agreement (First Federal Bancshares of Arkansas Inc)
Specific Performance. The parties hereto agree Each party agrees that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that a Preferred Holder, on the parties one hand, or the Company, on the other hand, whichever is not in breach of this Agreement, shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereofof this Agreement, in addition to any other remedy to which they are it may be entitled at law or in equity.
Appears in 3 contracts
Samples: Stock Exchange Agreement (Exabyte Corp /De/), Stock Exchange Agreement (Exabyte Corp /De/), Stock Exchange Agreement (Exabyte Corp /De/)
Specific Performance. The parties hereto agree that irreparable damage would occur if in the event any provision of this Agreement were was not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or and to enforce specifically the performance of the terms and provisions hereof, of this Agreement in addition to any other remedy to which they are entitled at law or in equity.. [Remainder of page intentionally left blank]
Appears in 3 contracts
Samples: Exchange and Subscription Agreement, Subscription Agreement (Interactive Data Corp/Ma/), Share Subscription Agreement (Serena Software Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties non-breaching party shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereofhereof in the courts referred to in Section 6.10, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 3 contracts
Samples: Tender and Support Agreement (Foundation Medicine, Inc.), Tender and Support Agreement (Foundation Medicine, Inc.), Tender and Support Agreement (Foundation Medicine, Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the specific terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or and to enforce specifically the performance of the terms and provisions hereofhereof in any court specified in Section 11.08, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Emmis Communications Corp), Agreement and Plan of Merger (Roche Investments USA Inc.), Agreement and Plan of Merger (Genentech Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur if in the event that any provision of the provisions of this Agreement were not performed in accordance with the its specific terms hereof and or were otherwise breached. It is accordingly agreed that the parties any party hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or and to enforce specifically the performance of the terms and provisions hereof, this being in addition to any other remedy to which they are entitled at law hereunder or in equityotherwise.
Appears in 3 contracts
Samples: Agreement and Plan of Merger And (Micro General Corp), Merger Agreement (Fidelity National Information Solutions Inc), Initial License Agreement (Evans & Sutherland Computer Corp)
Specific Performance. The parties hereto agree that irreparable damage would may occur if any provision of this Agreement were is not performed in accordance with the terms hereof and that the parties shall be entitled to seek an injunction or injunctions or other equitable relief to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereofhereof in any court set forth in Section 5.7, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 3 contracts
Samples: Investor Rights Agreement (Greenbrook TMS Inc.), Investor Rights Agreement (Senseonics Holdings, Inc.), Investor Rights Agreement (Senseonics Holdings, Inc.)
Specific Performance. The Each of the parties hereto agree agrees that irreparable damage would occur if any provision in the event applicable provisions of this Agreement were not fully performed by such party in accordance with the terms hereof and that the other parties hereto shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement or and to enforce specifically the performance of the terms and provisions hereof, of this Agreement in addition to any other remedy to which they are such other parties may be entitled at law Law or in equity.
Appears in 3 contracts
Samples: Letter Agreement (Coty Inc.), Letter Agreement (Coty Inc.), Sale Agreement (KKR Rainbow Aggregator L.P.)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall will be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereofhereof in any court specified in Section 11.5, in addition to any other remedy to which they are entitled at law Law or in equity.
Appears in 3 contracts
Samples: Transaction Agreement (Shermen WSC Acquisition Corp), Transaction Agreement (Shermen WSC Acquisition Corp), Shared Services Agreement (Shermen WSC Acquisition Corp)
Specific Performance. The parties hereto Parties agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties Parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereofhereof in any court set forth in Section 9.7, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 3 contracts
Samples: Intellectual Property License Agreement (BJ Services, Inc.), Intellectual Property License Agreement (BJ Services, Inc.), Contribution Agreement (Baker Hughes Inc)
Specific Performance. The parties hereto Parties agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties Parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 3 contracts
Samples: Stockholders Agreement (Pilgrims Pride Corp), Stockholders Agreement (JBS USA Holdings, Inc.), Stockholders Agreement (Pilgrims Pride Corp)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereofhereof in any federal court located in the State of California or any California state court, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Multilink Technology Corp), Merger Agreement (Mercury Interactive Corporation), Agreement and Plan of Merger (Ultra Clean Holdings Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision the provisions of this Agreement were not performed in accordance with the their specific terms hereof and or were otherwise breached. It is accordingly agreed that each of the parties hereto shall be entitled to an injunction or injunctions to prevent breaches or threatened breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled at law or in equitysuch party is entitled.
Appears in 3 contracts
Samples: Agreement (Chindex International Inc), Agreement (TPG Asia Advisors VI, Inc.), Agreement (Fosun Industrial Co., LTD)
Specific Performance. The parties hereto agree that irreparable damage would occur if in the event that any provision of the provisions of this Agreement were not performed in accordance with the their specific terms hereof and or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or and to enforce specifically the performance of the terms and provisions hereof, hereof in addition to any other remedy to which they are entitled at law or in equity.
Appears in 3 contracts
Samples: Stockholder Agreement (Smith Family Trusts), Stockholder Agreement (Smith a O Corp), Agreement and Plan of Merger (Scpie Holdings Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereofhereof in any Chosen Court, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 3 contracts
Samples: Stock Purchase and Transaction Agreement (NGP Capital Resources Co), Stock Purchase Agreement (GSC Investment Corp.), Stock Purchase Agreement (GSC Investment Corp.)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to 6 enforce specifically the performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 3 contracts
Samples: Stock Option Agreement (Tender Loving Care Health Care Services Inc/ Ny), Stock Option Agreement (E-Medsoft Com), Stock Option Agreement (E-Medsoft Com)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the its terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereof, in addition to any other remedy to which they the parties are entitled at law or in equityentitled.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Target Corp), Equity Purchase Agreement (Target Corp), Asset Purchase Agreement (May Department Stores Co)
Specific Performance. The parties hereto agree that irreparable damage would occur if in the event that any provision of the provisions of this Agreement were not performed by them in accordance with the terms hereof or were otherwise breached and that the parties each party hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or the provisions hereof and to enforce specifically the specific performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled at law or equity, and the parties hereby waive any requirement for the posting of any bond or similar collateral in equityconnection herewith.
Appears in 3 contracts
Samples: Termination Agreement (Hunt Companies Finance Trust, Inc.), Termination Agreement (Five Oaks Investment Corp.), Stock Purchase Agreement (Nasdaq, Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur if in the event any provision of this Agreement were was not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or and to enforce specifically the specific performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled at law Law or in equity.
Appears in 3 contracts
Samples: Recapitalization Agreement and Plan of Merger (Cornerstone Equity Investors Iv Lp), Recapitalization Agreement and Plan of Merger (Westaff Inc), Agreement and Plan of Merger (Rymer Foods Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of this Agreement agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement agreement or to enforce specifically the performance of the terms and provisions hereof, hereof in addition to any other remedy to which they are entitled at law or in equity.
Appears in 3 contracts
Samples: Exchange Agreement (Par Capital Management Inc), Exchange Agreement (Orbitz Worldwide, Inc.), Stock Purchase Agreement (Orbitz Worldwide, Inc.)
Specific Performance. The parties hereto Parties agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties Parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 3 contracts
Samples: Share Purchase Agreement (Baidu, Inc.), Investment Agreement (Tencent Holdings LTD), Stock Purchase Agreement (Upland Software, Inc.)
Specific Performance. The parties hereto agree that that, prior to Closing, irreparable damage would occur if in the event any provision of this Agreement were was not performed in accordance with the terms hereof and that the parties parties, prior to Closing, shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or and to enforce specifically the performance of the terms and provisions hereof, of this Agreement in addition to any other remedy to which they are entitled at law or in equity.
Appears in 3 contracts
Samples: Equity Purchase Agreement (Airgas East Inc), Equity Purchase Agreement (Nitrous Oxide Corp), Stock and Asset Purchase Agreement (Cooper-Standard Holdings Inc.)
Specific Performance. The parties hereto agree that irreparable damage would could occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled entitled, without posting a bond or similar indemnity, to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically specific enforcement of the performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 3 contracts
Samples: Master Services Agreement (BellRing Distribution, LLC), Master Services Agreement (Bellring Brands, Inc.), Master Services Agreement (Bellring Brands, Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur if in the event that any provision of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that, to the terms hereof and that fullest extent permitted by applicable law, the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the specific performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 3 contracts
Samples: Exchange Agreement (Core & Main, Inc.), Joinder Agreement (Core & Main, Inc.), Exchange Agreement (Us LBM Holdings, Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur if in the event that any provision of the provisions of this Agreement were not performed by any of the Stockholders in accordance with the terms hereof and that hereof. Accordingly, the parties agree that WEUS shall be entitled to an injunction or injunctions injunctive relief to prevent breaches of the terms of this Agreement or and to enforce specifically the specific performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled now or hereafter available at law or in equity, or otherwise.
Appears in 3 contracts
Samples: Stockholders' Agreement (Weatherford International Inc /New/), Stockholders' Agreement (Universal Compression Inc), Agreement and Plan of Merger (Universal Compression Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of the provisions of this Agreement were not performed in accordance with the its specific terms hereof and or were otherwise breached. It is accordingly agreed that the parties hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or and to enforce specifically the performance of the terms and provisions hereof, in addition to any other remedy to which they are entitled at law or in equity. [remainder of this page is intentionally left blank; signature page follows.]
Appears in 3 contracts
Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (SEACOR Marine Holdings Inc.), Limited Liability Company Agreement (SEACOR Marine Holdings Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereof, hereof in addition to any other remedy to which they are entitled at law or in equity.
Appears in 3 contracts
Samples: Share Issuance Agreement (Shimmick Corp), Exchange Agreement (Anywhere Real Estate Group LLC), Debt Conversion Agreement (Vitesse Semiconductor Corp)
Specific Performance. The parties Parties hereto agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties Parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement or to enforce specifically the performance of the terms and provisions hereofhereof in the courts specified in Section 13.07, in addition to any other remedy to which they are entitled at law or in equity.
Appears in 3 contracts
Samples: Restructuring Agreement (Alpha Natural Resources, Inc.), Restructuring Agreement (Alpha Natural Resources, Inc.), Restructuring Agreement (Alpha Natural Resources, Inc.)
