Availability of Remedies at Law. In the event this Agreement is terminated by the Buyer or the Company pursuant to the provisions of Section 10.3 (other than as permitted pursuant to Section 4.4(b)), the parties hereto shall have available to them all remedies afforded to them by applicable law or in equity, including, without limitation, claims for specific performance and other equitable remedies.
Availability of Remedies at Law. In the event this Agreement is terminated by the Buyer or the Stockholder pursuant to the provisions of this Section 10, the parties hereto shall have available to them all remedies afforded to them by applicable law.
Availability of Remedies at Law. In the event of termination of this Agreement as provided in this Article VII, this Agreement shall immediately become void and there shall be no liability or obligation on the part of Buyer, the Parent, the Company or any of the Sellers to consummate the transactions provided for herein; provided, however, that (i) no such termination shall relieve any party hereto from liability for damages arising out of or with respect to the breach of this Agreement by such party prior to such termination and (ii) the confidentiality provisions of Section 4.6 hereof shall remain in full force and effect and survive any termination of this Agreement.
Availability of Remedies at Law. In the event this Agreement is terminated pursuant to the provisions of this Section 6, the parties hereto shall have available to them all remedies afforded to them by applicable law.
Availability of Remedies at Law. In the event that this Agreement is terminated and/or breached by any Party, pursuant to the provisions of this Section 15, the Parties hereto shall have available to them all remedies afforded to them by applicable law.
Availability of Remedies at Law. In the event this ------------------------------- Agreement is terminated by the Buyer or the Stockholders, pursuant to the provisions of this Section 12, the parties hereto shall have available to them all remedies afforded to them by applicable law. Nothing herein shall relieve any party from liability for any breach of this Agreement.
Availability of Remedies at Law. In the event of such termination pursuant to this Section 10, Newco shall have no further obligation or liability to Hancxxx xxxer this Agreement, and Hancxxx xxxll have no further obligation or liability to Newco under this Agreement except for a breach of Sections 6.02(b), 6.05 and 17 of this Agreement which shall survive the Closing without limitation.
Availability of Remedies at Law. In the event this Agreement and Plan of Merger is terminated by Peritus or Vista pursuant to the provisions of this Section 11, the parties hereto shall have available to them all remedies afforded to them by applicable law.
Availability of Remedies at Law. In the event this Agreement is terminated by the Buyer, on the one hand, or the Ultimate Parent and the Seller, on the other hand, pursuant to the provisions of this Section 14, the parties hereto shall have available to them all remedies afforded to them by applicable law.
Availability of Remedies at Law. Subject to the provisions of Section 12.07 above, in the event this Agreement is terminated by either Party, pursuant to the provisions of this Section 13, the Parties hereto shall have available to them all remedies afforded to them by applicable law. In the event that following a breach of either this Agreement or the Shareholders Agreement, the injured Party shall terminate this Agreement and demand restitution thereunder, then TTC shall be entitled to restitution of the amount(s) invested at that time by TTC in Company equity, including interest on the amount(s) of such investment(s) at the rate of eight percent (8%) per year, as of the date of investment of each respective amount. Upon full payment of the said amount(s) to TTC, TTC shall voluntarily surrender its Ordinary Shares, and the Parties to this Agreement shall use their best efforts so as to cause the Company's board of directors to adopt a resolution accepting such Ordinary Shares, in accordance with the provisions of Section 11(d) of the Company's amended Articles of Association. Alternatively, at the Company's choice, the restitution amount and the interest thereon, as provided above, shall be paid to TTC by another person or entity designated by the Company, and against making such payment in full, such person or entity shall acquire all rights and title in and to TTC's Ordinary Shares, free and clear of any liens or other encumbrances.
