Available Remedies. Each party expressly agrees that, consistent with its intention and agreement to be bound by the terms of this Agreement and to consummate the transactions contemplated hereby, subject only to the satisfaction of conditions precedent, the remedy of specific performance shall be available to a non-breaching and non-defaulting party to enforce performance of this Agreement by a breaching or defaulting party, including, without limitation, to require the consummation of the Closing.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Laboratory Specialists of America Inc), 19 Asset Purchase Agreement (Laboratory Specialists of America Inc), Asset Purchase Agreement (Laboratory Specialists of America Inc)
Available Remedies. Each party expressly Party agrees that, consistent with its intention and agreement to be bound by the terms of this Agreement and to consummate the transactions contemplated hereby, subject only to the performance or satisfaction of conditions precedent, the remedy of specific performance shall be available to a non-breaching and non-non- defaulting party to enforce performance of this Agreement by a breaching or defaulting party, including, without limitation, including to require the consummation of the Closing.
Appears in 2 contracts
Samples: Sale and Purchase Agreement (Addvantage Technologies Group Inc), Sale and Purchase Agreement (Addvantage Technologies Group Inc)
Available Remedies. Each party expressly agrees that, consistent with its intention and agreement to be bound by the terms of this Agreement and to consummate the transactions contemplated hereby, subject only to the satisfaction of conditions precedent, the remedy of specific performance shall be available to a non-breaching and non-defaulting party to enforce performance of this Agreement by a breaching or defaulting party, including, without limitation, to require the consummation of the ClosingMerger pursuant to this Agreement.
Appears in 2 contracts
Samples: Reorganization and Agreement of Merger (Potomac Energy Corp), Plan of Reorganization and Agreement of Merger (Midwestern Resources Inc)
Available Remedies. Each party expressly agrees that, consistent with its intention and agreement to be bound by the terms of this Agreement and to consummate the transactions contemplated herebyby this Agreement, subject only to the satisfaction of conditions precedent, the remedy of specific performance shall be available to a non-breaching and non-defaulting party to enforce performance of this Agreement by a breaching or defaulting party, including, without limitation, to require the consummation of the ClosingClosing pursuant to Section 2.1 hereof.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Laboratory Specialists of America Inc), Asset Purchase Agreement (Laboratory Specialists of America Inc)
Available Remedies. Each party expressly agrees that, consistent with its intention and agreement to be bound by the terms of this Agreement and to consummate the transactions contemplated herebyContemplated Transactions, subject only to the performance or satisfaction of conditions precedent, the remedy of specific performance shall be available to a non-breaching and non-defaulting party to enforce performance of this Agreement by a breaching or defaulting party, including, without limitation, to require the consummation of the Closing.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Addvantage Media Group Inc /Ok)
Available Remedies. Each party expressly agrees that, consistent with its intention and agreement to be bound by the terms of this Agreement and to consummate the transactions contemplated hereby, subject only to the performance or satisfaction of conditions precedent, the remedy of specific performance shall be available to a non-breaching and non-defaulting party to enforce performance of this Agreement by a breaching or defaulting party, including, without limitation, to require the consummation of the ClosingClosing pursuant to Section 2.01.
Appears in 1 contract
Available Remedies. Each party expressly agrees that, consistent with its intention and agreement to be bound by the terms of this Agreement and to consummate the transactions contemplated hereby, subject only to the performance or satisfaction of conditions precedent, the remedy of specific performance shall be available to a non-breaching and non-defaulting party to enforce performance of this Agreement by a breaching or defaulting party, including, without limitation, to require the consummation of the ClosingClosing pursuant to Section 1.01.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Signature Inns Inc/In)
Available Remedies. Each party expressly agrees that, consistent with its intention and agreement to be bound by the terms of this Agreement and to consummate the transactions contemplated hereby, subject only to the performance or satisfaction of precedent conditions precedentor of precedent requirements imposed upon another party hereto, the remedy of specific performance shall be available to a non-breaching and non-defaulting party to enforce performance of this Agreement by a breaching or defaulting party, including, without limitation, to require the consummation of the ClosingClosing on the Closing Date.
Appears in 1 contract
Samples: Stock Purchase Agreement (Standard Management Corp)
Available Remedies. Each party expressly agrees that, ------------------ consistent with its intention and agreement to be bound by the terms of this Agreement and to consummate the transactions contemplated hereby, subject only to the performance or satisfaction of conditions precedent, the remedy of specific performance shall be available to a non-breaching and non-defaulting party to enforce performance of this Agreement by a breaching or defaulting party, including, without limitation, to require the consummation of the ClosingClosing pursuant to Section 1.01.
Appears in 1 contract
