Common use of Acknowledgement Regarding Specific Performance Clause in Contracts

Acknowledgement Regarding Specific Performance. Notwithstanding anything to the contrary in Section 8.3(e), it is agreed that Parent, Merger Sub and the Company will be entitled to an injunction, specific performance or other equitable relief as provided in Section 9.8(b), except that, although the Company, in its sole discretion, may determine its choice of remedies hereunder, including by pursuing specific performance in accordance with, but subject to the limitations of, Section 9.8(b), under no circumstances will the Company be permitted or entitled to receive both specific performance of the type contemplated by Section 9.8(b) and any monetary damages.

Acknowledgement Regarding Specific Performance. Notwithstanding anything to the contrary in Section 8.3(e8.3(f), it is agreed that Parent, Merger Sub and the Company will be entitled to an injunction, specific performance or other equitable relief as provided in Section 9.8(b), except that, although the Company, in its sole discretion, may determine its choice of remedies hereunder, including by pursuing specific performance in accordance with, but subject to the limitations of, Section 9.8(b), under no circumstances will the Company be permitted or entitled to receive both specific performance of the type contemplated by Section 9.8(b) and any monetary damagesdamages or payment of the Parent Termination Fee.

Acknowledgement Regarding Specific Performance. Notwithstanding anything to the contrary in Section 8.3(e)this Agreement, it is acknowledged and agreed that Parent, Merger Sub and the Company will each be entitled to an injunction, specific performance or other equitable relief as provided in Section 9.8(b9.10(b), except that, although the Company, in its sole discretion, may determine its choice of remedies hereunderunder this Agreement, including by pursuing specific performance in accordance with, but subject to the limitations of, Section 9.8(b9.10(b), under no circumstances will the Company Company, directly or indirectly, be permitted or entitled to receive both specific performance of the type contemplated by Section 9.8(b9.10(b) and any monetary damages.

Acknowledgement Regarding Specific Performance. Notwithstanding anything to the contrary in Section 8.3(e7.3(f), it is agreed that the Parent, Merger Sub and the Company will be entitled to an injunction, specific performance or other equitable relief as provided in Section 9.8(b), 9.10(b) except that, although the Company, in its sole discretion, may determine its choice of remedies hereunder, including by pursuing specific performance in accordance with, but subject to the limitations of, Section 9.8(b9.10(b), under no circumstances will the Company be permitted or entitled to receive both specific performance of the type contemplated by Section 9.8(b9.10(b) and any monetary damages.

Acknowledgement Regarding Specific Performance. Notwithstanding anything to the contrary in Section 8.3(e), it is agreed that Parent, Merger Sub and the Company will be entitled to an injunction, specific performance or other equitable relief as provided in Section 9.8(b), except that, although the Company, in its sole discretion, may determine its choice of remedies hereunderunder this Agreement, including by pursuing specific performance in accordance with, but subject to the limitations of, Section 9.8(b), under no circumstances will the Company Company, directly or indirectly, be permitted or entitled to receive both specific performance of the type contemplated by Section 9.8(b) and or any monetary damagesdamages or other payments (including payment of the Parent Termination Fee).

Acknowledgement Regarding Specific Performance. Notwithstanding anything to the contrary in Section 8.3(e)this Agreement, it is acknowledged and agreed that Parent, Merger Sub and the Company will each be entitled to an injunction, specific performance or other equitable relief as provided subject to the limitations in Section 9.8(b), except that, although the Company, in its sole discretion, may determine its choice of remedies hereunderunder this Agreement, including by pursuing specific performance in accordance with, but subject to the limitations of, Section 9.8(b), under no circumstances will the Company Company, directly or indirectly, be permitted or entitled to receive both specific performance of the type contemplated by Section 9.8(b) and any monetary damages.

Acknowledgement Regarding Specific Performance. Notwithstanding anything to the contrary in Section 8.3(e8.3(f), it is agreed that Parent, Merger Sub and the Company will be entitled to an injunction, specific performance or other equitable relief as provided in Section 9.8(b), except that, although the Company, in its sole discretion, may determine its choice of remedies hereunder, including by pursuing specific performance in accordance with, but subject to the terms and limitations of, Section 9.8(b), under no circumstances will the Company be permitted or entitled to receive both specific performance of the type contemplated by Section 9.8(b) and any monetary damages.

Acknowledgement Regarding Specific Performance. Notwithstanding anything to the contrary in this Agreement, including Section 8.3(e9.3(e), it is agreed that Parent, Merger Sub and the Company will be entitled to an injunction, specific performance or other equitable relief as provided in Section 9.8(b10.8(b), except that, although the Company, in its sole discretion, may may, subject to the Willful Breach Requirements, determine its choice of remedies hereunder, including by pursuing specific performance in accordance with, but subject to the limitations of, Section 9.8(b10.8(b), under no circumstances will the Company be permitted or entitled to receive both specific performance of the type contemplated by Section 9.8(b10.8(b) and any monetary damages.

Acknowledgement Regarding Specific Performance. Notwithstanding anything to the contrary in Section 8.3(e8.3(f), it is agreed that Parent, Merger Sub and the Company will be entitled to an injunction, specific performance or other equitable relief as provided in Section 9.8(b), except that, although the Company, in its sole discretion, may determine its choice of remedies hereunder, including by pursuing specific performance in accordance with, but subject to the limitations of, Section 9.8(b), under no circumstances will the Company be permitted or entitled to receive both specific performance of the type contemplated by Section 9.8(b) and any monetary damagesdamages (or payment of the Parent Termination Fee).

Acknowledgement Regarding Specific Performance. Notwithstanding anything to the contrary in Section 8.3(e8.3(f), it is agreed that Parent, Merger Sub and the Company will be entitled to an injunction, specific performance or other equitable relief as provided subject to the terms and limitations in Section 9.8(b), except that, although the Company, in its sole discretion, may determine its choice of remedies hereunder, including by pursuing specific performance in accordance with, but subject to the terms and limitations of, Section 9.8(b), under no circumstances will the Company be permitted or entitled to receive both specific performance of the type contemplated by Section 9.8(b) and any monetary damages.

Acknowledgement Regarding Specific Performance. Notwithstanding anything to the contrary in Section 8.3(e8.3(f), it is agreed that Parent, Merger Sub and the Company will be entitled to an injunction, specific performance or other equitable relief as provided in Section 9.8(b), except that, although the Company, in its sole discretion, may determine its choice of remedies hereunder, including by pursuing specific performance in accordance with, but subject to the limitations of, Section 9.8(b), under no circumstances will the Company be permitted or entitled to receive both specific performance of the type contemplated by Section 9.8(b) and any monetary damages.

Acknowledgement Regarding Specific Performance. Notwithstanding anything to the contrary in Section 8.3(e8.3(f), it is agreed that Parent, Merger Sub and the Company will be entitled to an injunction, specific performance or other equitable relief as provided in in, and subject to the terms and limitations of, Section 9.8(b), except that, although the Company, in its sole discretion, may determine its choice of remedies hereunderhereunder subject to the terms and conditions hereof, including by pursuing specific performance in accordance with, but subject to the terms and limitations of, Section 9.8(b), under no circumstances will the Company be permitted or entitled to receive both specific performance of the type contemplated by Section 9.8(b) and the Parent Termination Fee or any other monetary damages.