Common use of Acknowledgement Regarding Available Remedies Clause in Contracts

Acknowledgement Regarding Available Remedies. Solely to the extent that the right of specific performance is explicitly available under the terms of this Section 9.11, the parties hereto agree that irreparable damage for which monetary damages, even if available, would not be an adequate remedy would occur in the event that the parties hereto do not perform their obligations under the provisions of this Agreement in accordance with its specified terms or otherwise breach such provisions. Solely to the extent that the right of specific performance is explicitly available under the terms of this Section 9.11, the parties hereto acknowledge and agree that the parties shall be entitled to an injunction or injunctions, specific performance or other equitable relief to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in the courts described in Section 9.13 without proof of damages or otherwise, and that such explicit rights of specific enforcement are an integral part of the transactions contemplated by this Agreement and without such rights, none of the Company, Newco or Merger Sub would have entered into this Agreement. Each party agrees that it will not oppose the granting of an injunction, specific performance and other equitable relief expressly applicable under this Section 9.11 on the basis that (i) it has an adequate remedy at law or (ii) an award of specific performance is not an appropriate remedy for any reason at law or in equity. Any party seeking an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement will not be required to provide any bond or other security in connection with such injunction or enforcement, and each party irrevocably waives any right that it may have to require the obtaining, furnishing or posting of any such bond or other security.

Acknowledgement Regarding Available Remedies. Solely to the extent that the right of specific performance is explicitly available applicable under the terms of this Section 9.118.12, the parties hereto agree that irreparable damage would occur for which monetary damages, even if available, would not be an adequate remedy would occur in the event that the parties hereto do not perform their obligations under the provisions of this Agreement (including failing to take such actions as are required of them hereunder to consummate the Merger and the other transactions contemplated by this Agreement) in accordance with its specified terms or otherwise breach such provisions. Solely to the extent that the right of specific performance is explicitly available applicable under the terms of this Section 9.118.12, the parties hereto acknowledge and agree that the parties shall be entitled to an injunction or injunctions, specific performance or other equitable relief to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in the courts described in Section 9.13 8.5, without proof of damages or otherwise, and that such explicit rights of specific enforcement are an integral part of the transactions contemplated by this Agreement and without such rights, none of the Company, Newco Parent or Merger Sub Subsidiary would have entered into this Agreement. Each party agrees that it will not oppose the granting of an injunction, specific performance and other equitable relief expressly applicable under this Section 9.11 on the basis that (i) it has the other parties hereto have an adequate remedy at law or (ii) an award of specific performance is not an appropriate remedy for any reason at law or in equity. Any party seeking an injunction or injunctions equity to prevent breaches the extent that the right of this Agreement and to enforce specifically specific performance is explicitly applicable under the terms and provisions of this Agreement will not be required to provide any bond or other security in connection with such injunction or enforcement, and each party irrevocably waives any right that it may have to require the obtaining, furnishing or posting of any such bond or other security.this

Acknowledgement Regarding Available Remedies. Solely to the extent that the right of specific performance is explicitly available applicable under the terms of this Section 9.11, the parties hereto agree that irreparable damage would occur for which monetary damages, even if available, would not be an adequate remedy would occur in the event that the parties hereto do not perform their obligations under the provisions of this Agreement (including failing to take such actions as are required of them hereunder to consummate the Merger and the other transactions contemplated by this Agreement) in accordance with its specified terms or otherwise breach such provisions. Solely to the extent that the right of specific performance is explicitly available applicable under the terms of this Section 9.11, the parties hereto acknowledge and agree that the parties shall be entitled to an injunction or injunctions, specific performance or other equitable relief to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in the courts described in Section 9.13 9.09, without proof of damages or otherwise, and that such explicit rights of specific enforcement are an integral part of the transactions contemplated by this Agreement and without such rights, none of the Company, Newco Parent or Merger Sub would have entered into this Agreement. Each party agrees that it will not oppose the granting of an injunction, specific performance and other equitable relief expressly applicable under this Section 9.11 on the basis that (i) it has the other parties hereto have an adequate remedy at law or (ii) an award of specific performance is not an appropriate remedy for any reason at law or in equityequity to the extent that the right of specific performance is explicitly applicable under the terms of this Section 9.11. Any The parties hereto acknowledge and agree that any party seeking an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement will (to the extent that the right of specific performance is explicitly applicable under the terms of this Section 9.11) shall not be required to provide any bond or other security in connection with such injunction or enforcement, and each party irrevocably waives any right that it may have to require the obtaining, furnishing or posting of any such bond order or other securityinjunction.

Acknowledgement Regarding Available Remedies. Solely to the extent that the right of specific performance is explicitly available under the terms of this Section 9.11, the parties hereto agree that irreparable damage for which monetary damages, even if available, would not be an adequate remedy would occur in the event that the parties hereto do not perform their obligations under the provisions of this Agreement in accordance with its specified terms or otherwise breach such provisions. Solely to the extent that the right of specific performance is explicitly available under the terms of this Section 9.11, the parties hereto acknowledge and agree that the parties shall be entitled to an injunction or injunctions, specific performance or other equitable relief to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in the courts described in Section 9.13 without proof of damages or otherwise, and that such explicit rights of specific enforcement are an integral part of the transactions contemplated by this Agreement and without such rights, none of the Company, Newco Parent or Merger Sub would have entered into this Agreement. Each party agrees that it will not oppose the granting of an injunction, specific performance and other equitable relief expressly applicable under this Section 9.11 on the basis that (i) it has an adequate remedy at law or (ii) an award of specific performance is not an appropriate remedy for any reason at law or in equity. Any party seeking an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement will not be required to provide any bond or other security in connection with such injunction or enforcement, and each party irrevocably waives any right that it may have to require the obtaining, furnishing or posting of any such bond or other security.

Acknowledgement Regarding Available Remedies. Solely to the extent that the right of specific performance is explicitly available applicable under the terms of this Section 9.118.8, the parties hereto agree that irreparable damage for which monetary damages, even if available, would not be an adequate remedy would occur in the event that the parties hereto do not perform their obligations under the provisions of this Agreement (including failing to take such actions as are required of them hereunder to consummate the Merger and the other transactions contemplated by this Agreement) in accordance with its specified terms or otherwise breach such provisions. Solely to the extent that the right of specific performance is explicitly available applicable under the terms of this Section 9.118.8, the parties hereto acknowledge and agree that the parties hereto shall be entitled to an injunction or injunctions, specific performance or other equitable relief to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in the courts described in Section 9.13 8.10 without proof of damages or otherwise, and that such explicit rights of specific enforcement are an integral part of the transactions contemplated by this Agreement and without such rights, none of the Company, Newco Parent or Merger Sub would have entered into this Agreement. Each party agrees that it will not oppose the granting of an injunction, specific performance and other equitable relief expressly applicable under this Section 9.11 on the basis that (i) it has the other parties hereto have an adequate remedy at law or (ii) an award of specific performance is not an appropriate remedy for any reason at law or in equityequity to the extent that the right of specific performance is explicitly applicable under the terms of this Section 8.8. Any The parties hereto acknowledge and agree that any party seeking an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement will (to the extent that the right of specific performance is explicitly applicable under the terms of this Section 8.8) shall not be required to provide any bond or other security in connection with such injunction or enforcement, and each party irrevocably waives any right that it may have to require the obtaining, furnishing or posting of any such bond order or other securityinjunction.

Acknowledgement Regarding Available Remedies. Solely to the extent that the right of specific performance is explicitly available under the terms of this Section 9.11, the The parties hereto agree that irreparable damage for which monetary damages, even if available, would not be an adequate remedy would occur in the event that the parties hereto do not perform their obligations under the provisions of this Agreement (including failing to take such actions as are required of them hereunder to consummate the Merger and the other Transactions) in accordance with its specified terms or otherwise breach such provisions. Solely to the extent that the right of specific performance is explicitly available under the terms of this Section 9.11, the The parties hereto acknowledge and agree that the parties shall be entitled to an injunction or injunctions, specific performance or other equitable relief to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in the courts described in Section 9.13 9.08 without proof of damages or otherwise, this being in addition to any other remedy to which they are entitled under the terms of this Agreement at law or in equity, and that such explicit rights of specific enforcement are an integral part of the transactions contemplated by this Agreement Transactions and without such rights, none of neither the Company, Newco or Merger Sub Company nor Parent would have entered into this Agreement. Each party of the parties hereto agrees that it will not oppose the granting of an injunction, specific performance and other equitable relief expressly applicable under this Section 9.11 on the basis that (i) it has the other parties hereto have an adequate remedy at law or (ii) an award of specific performance is not an appropriate remedy for any reason at law or in equity. Any The parties hereto acknowledge and agree that any party seeking an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement will shall not be required to provide any bond or other security in connection with any such injunction order or enforcementinjunction. Notwithstanding the foregoing (or anything to the contrary in this Agreement), and each party irrevocably waives in no event shall the Company, or any right that it may have equity holder thereof be entitled to require the obtainingor be permitted to seek, furnishing or posting specific performance in respect of any such bond or other securityFinancing Source.

Acknowledgement Regarding Available Remedies. Solely to the extent that the right of specific performance is explicitly available under the terms of this Section 9.11, the The parties hereto agree that irreparable damage for which monetary damages, even if available, would not be an adequate remedy would occur in the event that the parties hereto do not perform their obligations under the provisions of this Agreement (including failing to take such actions as are required of them hereunder to consummate the Merger and the other transactions contemplated by this Agreement) in accordance with its specified terms or otherwise breach such provisions. Solely to the extent that the right of specific performance is explicitly available under the terms of this Section 9.11, the The parties hereto acknowledge and agree that (i) the parties shall be entitled to an injunction or injunctions, specific performance or other equitable relief to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in the courts described in Section 9.13 9.11(e) without proof of damages or otherwise, (ii) the provisions set forth in Section 8.2 are not intended to and do not adequately compensate for the harm that would result from a breach of this Agreement and shall not be construed to diminish or otherwise impair in any way any party’s right to specific performance and (iii) such explicit rights of specific enforcement performance are an integral part of the transactions contemplated by this Agreement and without such rights, none of neither the Company, Newco or Merger Sub Company nor Parent would have entered into this Agreement. Each party of the parties hereto agrees that it will not oppose the granting of an injunction, specific performance and other equitable relief expressly applicable under this Section 9.11 on the basis that (i) it has the other parties hereto have an adequate remedy at law or (ii) an award of specific performance is not an appropriate remedy for any reason at law or in equityequity to the extent that the right of specific performance is explicitly applicable under the terms of this Section 9.11. Any The parties hereto acknowledge and agree that any party seeking an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement will (to the extent that the right of specific performance is explicitly applicable under the terms of this Section 9.11) shall not be required to provide any bond or other security in connection with such injunction or enforcement, and each party irrevocably waives any right that it may have to require the obtaining, furnishing or posting of any such bond order or other securityinjunction.

Acknowledgement Regarding Available Remedies. Solely to the extent that the right of specific performance is explicitly available applicable under the terms of this Section 9.119.09, the parties hereto agree that irreparable damage for which monetary damages, even if available, would not be an adequate remedy would occur in the event that the parties hereto do not perform their obligations under the provisions of this Agreement (including failing to take such actions as are required of them hereunder to consummate the Merger and the other Transactions) in accordance with its specified terms or otherwise breach such provisions. Solely to the extent that the right of specific performance is explicitly available applicable under the terms of this Section 9.119.09, the parties hereto acknowledge and agree that the parties shall be entitled to an injunction or injunctions, specific performance or other equitable relief to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in the courts described in Section 9.13 9.07 without proof of damages or otherwise, and that such explicit rights of specific enforcement are an integral part of the transactions contemplated by this Agreement and without such rights, none of neither the Company, Newco or Merger Sub Company nor Parent would have entered into this Agreement. Each party of the parties hereto agrees that it will not oppose the granting of an injunction, specific performance and other equitable relief expressly applicable under this Section 9.11 on the basis that (i) it has the other parties hereto have an adequate remedy at law or (ii) an award of specific performance is not an appropriate remedy for any reason at law or in equityequity to the extent that the right of specific performance is explicitly applicable under the terms of this Section 9.09. Any The parties hereto acknowledge and agree that any party seeking an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement will (to the extent that the right of specific performance is explicitly applicable under the terms of this Section 9.09) shall not be required to provide any bond or other security in connection with such injunction or enforcement, and each party irrevocably waives any right that it may have to require the obtaining, furnishing or posting of any such bond order or other securityinjunction.

Acknowledgement Regarding Available Remedies. Solely to After the extent that Effective Time, the right rights and remedies of specific performance is explicitly available under the terms of this Section 9.11, the parties hereto agree that irreparable damage for which monetary damages, even if available, would shall be cumulative (and not be an adequate remedy would occur in the event that the parties hereto do not perform their obligations under the provisions of this Agreement in accordance with its specified terms or otherwise breach such provisionsalternative). Solely to the extent that the right of specific performance is explicitly available applicable under the terms of this Section 9.11Sections 10.03(b) and 10.03(c), each of the parties hereto acknowledge to this Agreement acknowledges and agree agrees that the other parties to this Agreement would be irreparably damaged in the event that any of the terms or provisions of this Agreement are not performed in accordance with their specific terms or otherwise are breached. Therefore, solely to the extent that the right of specific performance is explicitly applicable under the terms of this Sections 10.03(b) and 10.03(c), each of the parties to this Agreement hereby agrees that (a) the parties to this Agreement shall be entitled to obtain an injunction or injunctions, specific performance or other equitable relief injunctions to prevent breaches of any of the terms or provisions of this Agreement Agreement, and to enforce specifically the terms and performance by each other party hereto under this Agreement, (b) the provisions hereof in the courts described set forth in Section 9.13 without proof 9.02(b)(i) are not intended to and do not adequately compensate for the harm that would result from a breach of damages this Agreement and (ii) shall not be construed to diminish or otherwise, otherwise impair in any respect any party's rights to specific enforcement and that such explicit rights (c) the right of specific enforcement are is an integral part of the transactions contemplated by this Agreement and without such rightsthat right, none of the Company, Newco or Merger Sub neither Indigo nor Parent would have entered into this Agreement. Each party agrees To the extent that it will not oppose the granting right of an injunction, specific performance and other equitable relief expressly is explicitly applicable under the terms of this Section 9.11 on 10.03, each party to this Agreement hereby agrees to waive the basis defense in any such suit that (i) it has the other parties to this Agreement have an adequate remedy at law and to interpose no opposition, legal or (ii) an award otherwise, as to the propriety of injunction or specific performance is not an appropriate remedy for as a remedy, and hereby agrees to waive any reason at law or in equity. Any party seeking an injunction or injunctions requirement to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement will not be required to provide post any bond or other type of security in connection with obtaining such injunction or enforcement, and each party irrevocably waives any right that it may have to require the obtaining, furnishing or posting of any such bond or other securityrelief.

Acknowledgement Regarding Available Remedies. Solely to After the extent that Effective Time, the right rights and remedies of specific performance is explicitly available under the terms of this Section 9.11, the parties hereto agree shall be cumulative (and not alternative). Each of the parties to this Agreement acknowledges and agrees that irreparable damage for which monetary damages, even if available, the other parties to this Agreement would not be an adequate remedy would occur irreparably damaged in the event that any of the parties hereto do not perform their obligations under the terms or provisions of this Agreement are not performed in accordance with its specified their specific terms or otherwise breach such provisionsare breached. Solely to the extent that the right Therefore, each of specific performance is explicitly available under the terms of this Section 9.11, the parties hereto acknowledge and agree to this Agreement hereby agrees that (i) the parties to this Agreement shall be entitled to obtain an injunction or injunctions, specific performance or other equitable relief injunctions to prevent breaches of any of the terms or provisions of this Agreement Agreement, and to enforce specifically the terms and performance by each other party hereto under this Agreement, (ii) the provisions hereof in the courts described set forth in Section 9.13 without proof 12.19(b) (A) are not intended to and do not adequately compensate for the harm that would result from a breach of damages this Agreement and (B) shall not be construed to diminish or otherwise, otherwise impair in any respect any party’s rights to specific enforcement and that such explicit rights (iii) the right of specific enforcement are is an integral part of the transactions contemplated by this Agreement and without such rightsthat right, none of neither the Company, Newco or Merger Sub Company nor Parent would have entered into this Agreement. Each party to this Agreement hereby agrees to waive the defense in any such suit that it will not oppose the granting of an injunction, specific performance and other equitable relief expressly applicable under parties to this Section 9.11 on the basis that (i) it has Agreement have an adequate remedy at law and to interpose no opposition, legal or (ii) an award otherwise, as to the propriety of injunction or specific performance is not an appropriate remedy for as a remedy, and hereby agrees to waive any reason at law or in equity. Any party seeking an injunction or injunctions requirement to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement will not be required to provide post any bond or other type of security in connection with obtaining such injunction or enforcement, and each party irrevocably waives any right that it may have to require the obtaining, furnishing or posting of any such bond or other securityrelief.

Acknowledgement Regarding Available Remedies. Solely to the extent that the right of specific performance is explicitly available applicable under the terms of this Section 9.118.8, the parties hereto agree that irreparable damage for which monetary damages, even if available, would not be an adequate remedy would occur in the event that the parties hereto do not perform their obligations under the provisions of this Agreement (including failing to take such actions as are required of them hereunder to consummate the Merger and the other transactions contemplated by this Agreement) in accordance with its specified terms or otherwise breach such provisions. Solely to the extent that the right of specific performance is explicitly available applicable under the terms of this Section 9.118.8, the parties hereto acknowledge and agree that the parties shall be entitled to an injunction or injunctions, specific performance or other equitable relief to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in the courts described in Section 9.13 8.11 without proof of damages or otherwise, and that such explicit rights of specific enforcement are an integral part of the transactions contemplated by this Agreement and without such rights, none of the Company, Newco Parent or Merger Sub would have entered into this Agreement. Each party agrees that it will not oppose the granting of an injunction, specific performance and other equitable relief expressly applicable under this Section 9.11 on the basis that (i) it has the other parties hereto have an adequate remedy at law or (ii) an award of specific performance is not an appropriate remedy for any reason at law or in equityequity to the extent that the right of specific performance is explicitly applicable under the terms of this Section 8.8. Any The parties hereto acknowledge and agree that any party seeking an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement will (to the extent that the right of specific performance is explicitly applicable under the terms of this Section 8.8) shall not be required to provide any bond or other security in connection with such injunction or enforcement, and each party irrevocably waives any right that it may have to require the obtaining, furnishing or posting of any such bond order or other securityinjunction.

Acknowledgement Regarding Available Remedies. Solely to the extent that the right of specific performance is explicitly available applicable under the terms of this Section 9.1110.11, the parties hereto agree that irreparable damage for which monetary damages, even if available, would not be an adequate remedy would occur in the event that the parties hereto do not perform their obligations under the provisions of this Agreement (including failing to take such actions as are required of them hereunder to consummate the Merger and the other transactions contemplated by this Agreement) in accordance with its specified terms or otherwise breach such provisions. Solely to the extent that the right of specific performance is explicitly available applicable under the terms of this Section 9.1110.11, the parties hereto acknowledge and agree that the parties shall be entitled to an injunction or injunctions, specific performance or other equitable relief to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in the courts described in Section 9.13 10.08(b) without proof of damages or otherwise, and that such explicit rights of specific enforcement are an integral part of the transactions contemplated by this Agreement and without such rights, none of neither the Company, Newco or Merger Sub Company nor Parent would have entered into this Agreement. Each party of the parties hereto agrees that it will not oppose the granting of an injunction, specific performance and other equitable relief expressly applicable under this Section 9.11 on the basis that (i) it has the other parties hereto have an adequate remedy at law or (ii) an award of specific performance is not an appropriate remedy for any reason at law or in equityequity to the extent that the right of specific performance is explicitly applicable under the terms of this Section 10.11. Any The parties hereto acknowledge and agree that any party seeking an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement will (to the extent that the right of specific performance is explicitly applicable under the terms of this Section 10.11) shall not be required to provide any bond or other security in connection with such injunction or enforcement, and each party irrevocably waives any right that it may have to require the obtaining, furnishing or posting of any such bond order or other securityinjunction.

Acknowledgement Regarding Available Remedies. Solely to the extent that the right of specific performance is explicitly available under the terms of this Section 9.11, the The parties hereto agree that irreparable damage for which monetary damages, even if available, would not be an adequate remedy would occur in the event that the parties hereto do not perform their obligations under the provisions of this Agreement (including failing to take such actions as are required of them hereunder to consummate the Merger and the other Transactions) in accordance with its specified terms or otherwise breach such provisions. Solely to the extent that the right of specific performance is explicitly available under the terms of this Section 9.11, the The parties hereto acknowledge and agree that (i) the parties shall be entitled to an injunction or injunctions, specific performance or other equitable relief to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in the courts described in Section 9.13 9.5 without proof of damages or otherwise, (ii) the provisions set forth in Section 8.3 are not intended to and do not adequately compensate for the harm that would result from a breach of this Agreement and shall not be construed to diminish or otherwise impair in any way any party’s right to specific performance and (iii) such explicit rights of specific enforcement are an integral part of the transactions contemplated by this Agreement Transactions and without such rights, none of neither the Company, Newco or Merger Sub Company nor Parent would have entered into this Agreement. Each party of the parties hereto agrees that it will not oppose the granting of an injunction, specific performance and other equitable relief expressly applicable under this Section 9.11 on the basis that (i) it has the other parties hereto have an adequate remedy at law or (ii) an award of specific performance is not an appropriate remedy for any reason at law or in equity. Any The parties hereto acknowledge and agree that any party seeking an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement will shall not be required to provide any bond or other security in connection with such injunction or enforcement, and each party irrevocably waives any right that it may have to require the obtaining, furnishing or posting of any such bond order or other securityinjunction.

Acknowledgement Regarding Available Remedies. Solely to After the extent that Effective Time, the right rights and remedies of specific performance is explicitly available under the terms of this Section 9.11, the parties hereto agree shall be cumulative (and not alternative). Each of the parties to this Agreement acknowledges and agrees that irreparable damage for which monetary damages, even if available, the other parties to this Agreement would not be an adequate remedy would occur irreparably damaged in the event that any of the parties hereto do not perform their obligations under the terms or provisions of this Agreement are not performed in accordance with its specified their specific terms or otherwise breach such provisionsare breached. Solely to the extent that the right Therefore, each of specific performance is explicitly available under the terms of this Section 9.11, the parties hereto acknowledge and agree to this Agreement hereby agrees that (a) the parties to this Agreement shall be entitled to obtain an injunction or injunctions, specific performance or other equitable relief injunctions to prevent breaches of any of the terms or provisions of this Agreement Agreement, and to enforce specifically the terms and performance by each other party hereto under this Agreement, (b) (i) the provisions hereof in the courts described set forth in Section 9.13 without proof 10.03(b)(i) are not intended to and do not adequately compensate for the harm that would result from a breach of damages this Agreement and (ii) shall not be construed to diminish or otherwise, otherwise impair in any respect any party’s rights to specific enforcement and that such explicit rights (c) the right of specific enforcement are is an integral part of the transactions contemplated by this Agreement and without such rightsthat right, none of neither the Company, Newco or Merger Sub Company nor Parent would have entered into this Agreement. Each party to this Agreement hereby agrees to waive the defense in any such suit that it will not oppose the granting of an injunction, specific performance and other equitable relief expressly applicable under parties to this Section 9.11 on the basis that (i) it has Agreement have an adequate remedy at law and to interpose no opposition, legal or (ii) an award otherwise, as to the propriety of injunction or specific performance is not an appropriate remedy for as a remedy, and hereby agrees to waive any reason at law or in equity. Any party seeking an injunction or injunctions requirement to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement will not be required to provide post any bond or other type of security in connection with obtaining such injunction or enforcement, and each party irrevocably waives any right that it may have to require the obtaining, furnishing or posting of any such bond or other securityrelief.

Acknowledgement Regarding Available Remedies. Solely to the extent that the right of specific performance is explicitly available applicable under the terms of this Section 9.1112.13, the parties hereto agree that irreparable damage for which monetary damages, even if available, would not be an adequate remedy would occur in the event that the parties hereto do not perform their obligations under the provisions of this Agreement (including failing to take such actions as are required of them hereunder to consummate the Merger and the other transactions contemplated by this Agreement) in accordance with its specified terms or otherwise breach such provisions. Solely to the extent that the right of specific performance is explicitly available applicable under the terms of this Section 9.1112.13, the parties hereto acknowledge and agree that the parties shall be entitled to an injunction or injunctions, specific performance or other equitable relief to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in the courts described in Section 9.13 12.08 without proof of damages or otherwise, and that such explicit rights of specific enforcement are an integral part of the transactions contemplated by this Agreement and without such rights, none of neither the Company, Newco or Merger Sub Company nor Parent would have entered into this Agreement. Each party of the parties hereto agrees that it will not oppose the granting of an injunction, specific performance and other equitable relief expressly applicable under this Section 9.11 on the basis that (i) it has the other parties hereto have an adequate remedy at law or (ii) an award of specific performance is not an appropriate remedy for any reason at law or in equityequity to the extent that the right of specific performance is explicitly applicable under the terms of this Section 12.13. Any The parties hereto acknowledge and agree that any party seeking an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement will (to the extent that the right of specific performance is explicitly applicable under the terms of this Section 12.13) shall not be required to provide any bond or other security in connection with such injunction or enforcement, and each party irrevocably waives any right that it may have to require the obtaining, furnishing or posting of any such bond order or other securityinjunction.

Acknowledgement Regarding Available Remedies. Solely to the extent that the right of specific performance is explicitly available applicable under the terms of this Section 9.119.9, the parties hereto agree that irreparable damage for which monetary damages, even if available, would not be an adequate remedy would occur in the event that the parties hereto do not perform their obligations under the provisions of this Agreement (including failing to take such actions as are required of them hereunder to consummate the Merger and the other transactions contemplated by this Agreement) in accordance with its specified terms or otherwise breach such provisions. Solely to the extent that the right of specific performance is explicitly available applicable under the terms of this Section 9.119.9, the parties hereto acknowledge and agree that the parties shall be entitled to an injunction or injunctions, specific performance or other equitable relief to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in the courts described in Section 9.13 9.10 without proof of damages or otherwise, and that such explicit rights of specific enforcement are an integral part of the transactions contemplated by this Agreement and without such rights, none of the Company, Newco Parent or Merger Acquisition Sub would have entered into this Agreement. Each party agrees that it will not oppose the granting of an injunction, specific performance and other equitable relief expressly applicable under this Section 9.11 on the basis that (i) it has the other parties hereto have an adequate remedy at law or (ii) an award of specific performance is not an appropriate remedy for any reason at law or in equityequity to the extent that the right of specific performance is explicitly applicable under the terms of this Section 9.9. Any The parties hereto acknowledge and agree that any party seeking an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement will (to the extent that the right of specific performance is explicitly applicable under the terms of this Section 9.9) shall not be required to provide any bond or other security in connection with such injunction or enforcement, and each party irrevocably waives any right that it may have to require the obtaining, furnishing or posting of any such bond order or other securityinjunction.