Common use of Availability of Equitable Relief Clause in Contracts

Availability of Equitable Relief. The Parties agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. Accordingly, each of the Parties shall be entitled to equitable relief to prevent or remedy breaches of this Agreement, without the proof of actual damages, calculation of which the Parties agree would be uncertain and difficult to ascertain, including in the form of an injunction or injunctions or orders for specific performance in respect of such breaches.

Appears in 4 contracts

Samples: Asset Sale Agreement (Nortel Networks LTD), Asset Sale Agreement (Nortel Networks LTD), Transaction Agreement

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Availability of Equitable Relief. The Parties parties hereto agree that irreparable damage would occur in the event that any of the provisions provision of this Agreement were not performed in accordance with their specific the terms hereof. Accordingly in the event of any breach or were otherwise breached. Accordinglythreatened breach by a party of its obligations under this Agreement, each of the Parties affected party shall be entitled to equitable relief to prevent or remedy breaches of this Agreement, without the proof of actual damages, calculation of which the Parties agree would be uncertain and difficult to ascertain, (including in the form of an injunction or injunctions or orders for specific performance in respect of the terms hereof) without prejudice to any other rights or remedies that may otherwise be available to such breachesother party.

Appears in 2 contracts

Samples: Acquisition Agreement (Syniverse Technologies Inc), Acquisition Agreement (Verisign Inc/Ca)

Availability of Equitable Relief. The Parties hereto agree that irreparable damage would occur in the event that any of the provisions provision of this Agreement were not performed in accordance with their specific the terms or were otherwise breachedhereof. Accordingly, each prior to the termination of this Agreement pursuant to Article VI, in the Parties event of any breach or threatened breach by a Party of its obligations under this Agreement prior to the Closing, the affected Party shall be entitled to equitable relief to prevent or remedy breaches of this Agreement, without the proof of actual damages, calculation of which the Parties agree would be uncertain and difficult to ascertain, (including in the form of an injunction or injunctions or orders for specific performance in respect of the terms hereof) without prejudice to any other rights or remedies that may otherwise be available to such breachesother Party.

Appears in 1 contract

Samples: Transition Services Agreement (Spectranetics Corp)

Availability of Equitable Relief. The Parties parties hereto agree that irreparable damage would occur in the event that any of the provisions provision of this Agreement were not performed in accordance with their specific the terms or were otherwise breachedhereof. Accordingly, each prior to the termination of this Agreement pursuant to Article IX, in the Parties event of any breach or threatened breach by a party of its obligations under this Agreement prior to the Closing, the affected party shall be entitled to equitable relief to prevent or remedy breaches (including specific performance of this Agreementthe terms hereof), without the proof need to post a bond or prove the inadequacy of actual monetary damages, calculation of which the Parties agree would without prejudice to any other rights or remedies that may otherwise be uncertain and difficult available to ascertain, including in the form of an injunction or injunctions or orders for specific performance in respect of such breachesother party.

Appears in 1 contract

Samples: Acquisition Agreement (Nationstar Mortgage Holdings Inc.)

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Availability of Equitable Relief. The Parties parties hereto agree that irreparable damage would occur in the event that any of the provisions provision of this Agreement were not performed in accordance with their specific the terms or were otherwise breachedhereof. Accordingly, each prior to the termination of this Agreement pursuant to Article X, except as otherwise provided in Section 11.03(b), in the Parties event of any breach or threatened breach by a party of its obligations under this Agreement prior to the Closing, the affected party or parties shall be entitled to equitable relief to prevent or remedy breaches of this Agreement, without the proof of actual damages, calculation of which the Parties agree would be uncertain and difficult to ascertain, (including in the form of an injunction or injunctions or orders for specific performance in respect of the terms hereof) without prejudice to any other rights or remedies that may otherwise be available to such breachesother party.

Appears in 1 contract

Samples: Acquisition Agreement (Carbo Ceramics Inc)

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