Common use of Consent to Specific Performance Clause in Contracts

Consent to Specific Performance. The parties hereto declare that it is impossible to measure in money the damages which would accrue to a party by reason of failure to perform any of the obligations hereunder. Therefore, if any party shall institute any action or proceeding to enforce the provisions hereof, any party against whom such action or proceeding is brought hereby waives any claim or defense therein that the other party has an adequate remedy at law.

Appears in 12 contracts

Samples: Stockholders Agreement (Genesis Health Ventures Inc /Pa), Exchange and Merger Agreement (Wavetek Corp), Stockholders Agreement (Astralis LTD)

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Consent to Specific Performance. The parties hereto Parties declare that it is impossible to measure in money the damages which that would accrue to be suffered by a party Party by reason of the failure by any other Party to perform any of the obligations hereunder. Therefore, if any party shall institute Party institutes any action or proceeding to enforce the provisions hereof, any party Party against whom such action or proceeding is brought hereby waives any claim or defense therein that the other party Party has an adequate remedy at law, to the extent permitted by law.

Appears in 7 contracts

Samples: Securities Purchase Agreement (Biovie Inc.), Lock Up Agreement (KKR & Co. L.P.), Lock Up Agreement (KKR & Co. L.P.)

Consent to Specific Performance. The parties hereto Parties declare that it is may be impossible to measure in money the damages which that would accrue to be suffered by a party Party by reason of the failure by the other Parties to perform any of the obligations hereunder. Therefore, if any party Party shall institute any action or proceeding to enforce the provisions hereof, any party the Party against whom such action or proceeding is brought hereby waives any claim or defense therein that the other party Parties has an adequate remedy at law.

Appears in 5 contracts

Samples: Shareholders’ Agreement, Shareholders Agreement (Bitauto Holdings LTD), Shareholders Agreement (Bitauto Holdings LTD)

Consent to Specific Performance. The parties hereto Parties declare that it is may be impossible to measure in money the damages which that would accrue to be suffered by a party Party by reason of the failure by the other Parties to perform any of the obligations hereunder. Therefore, if any party Party shall institute any action or proceeding to enforce the provisions hereof, any party the other Party(ies) against whom such action or proceeding is brought hereby waives any claim or defense therein that the other party instituting Party has an adequate remedy at law.

Appears in 3 contracts

Samples: Voting Agreement (Sohu Com Inc), Voting Agreement (Sogou Inc.), Voting Agreement (Sogou Inc.)

Consent to Specific Performance. The parties hereto declare that it is impossible to measure in money the damages which that would accrue to be suffered by a party by reason of the failure by any other party to perform any of the obligations hereunder. Therefore, if any party shall institute any action or proceeding to enforce the provisions hereof, any party against whom such action or proceeding is brought hereby waives any claim or defense therein that the other party has an adequate remedy at law.

Appears in 3 contracts

Samples: Shareholders' Agreement (International Wireless Communications Holdings Inc), Shareholders' Agreement (International Wireless Communications Holdings Inc), Shareholders' Agreement (International Wireless Communications Holdings Inc)

Consent to Specific Performance. The parties Each party hereto declare declares that it is impossible to measure in money the damages which that would accrue to be suffered by a party by reason of the failure by any other party to perform any of the obligations hereunder. Therefore, if any party shall institute any action or proceeding to enforce the provisions hereof, any party against whom such action or proceeding is brought hereby waives any claim or defense therein that the other party has an adequate remedy at law.

Appears in 2 contracts

Samples: Membership Interest Purchase and Sale Agreement, Membership Interest Purchase and Sale Agreement (Rentech Inc /Co/)

Consent to Specific Performance. The parties hereto Parties declare that it is impossible to measure in money the damages which that would accrue to be suffered by a party Party by reason of the failure by any other Party to perform any of the obligations hereunder. Therefore, if any party Party shall institute any action or proceeding to enforce seek specific performance or enforcement of the provisions hereof, hereof any party Party against whom such action or proceeding is brought hereby waives any claim or defense defence therein that the other party Party has an adequate remedy at lawLaw.

Appears in 2 contracts

Samples: Shareholders Agreement (India Globalization Capital, Inc.), Shareholders Agreement (India Globalization Capital, Inc.)

Consent to Specific Performance. The parties hereto ------------------------------- declare that it is impossible to measure in money the damages which that would accrue to be suffered by a party by reason of the failure by any other party to perform any of the obligations hereunder. Therefore, if any party shall institute any action or proceeding to enforce the provisions hereof, any party against whom such action or proceeding is brought hereby waives any claim or defense therein that the other party has an adequate remedy at law.

Appears in 2 contracts

Samples: Shareholders' Agreement (International Wireless Communications Holdings Inc), Management Services Agreement (International Wireless Communications Holdings Inc)

Consent to Specific Performance. The parties hereto Parties declare that it is may be impossible to measure in money the damages which that would accrue to be suffered by a party Party by reason of the failure by any other Party to perform any of the obligations hereunder. Therefore, if any party Party shall institute any action or proceeding to enforce the provisions hereof, any party Party against whom such action or proceeding is brought hereby waives any claim or defense therein that the other party Party has an adequate remedy at law.

Appears in 2 contracts

Samples: Subscription Agreement (China Sunergy Co., Ltd.), Subscription Agreement (China Sunergy Co., Ltd.)

Consent to Specific Performance. The parties hereto Parties declare that it is impossible to measure in money the damages which that would accrue to be suffered by a party Party by reason of the failure by any other Party to perform any of the obligations hereunder. Therefore, if any party Party shall institute any action or proceeding to enforce the provisions hereof, any party Party against whom such action or proceeding is brought hereby waives any claim or defense therein that the other party Party has an adequate remedy at law, to the extent permitted by law.

Appears in 2 contracts

Samples: Stockholders' Agreement (China XD Plastics Co LTD), Stockholders’ Agreement (Yongye International, Inc.)

Consent to Specific Performance. The parties hereto Parties declare that it is impossible to measure in money the damages which that would accrue to be suffered by a party Party by reason of the failure by any other Party to perform any of the obligations hereunder. Therefore, if any party Party shall institute any action or proceeding to enforce the provisions hereof, any party Party against whom such action or proceeding is brought hereby waives any claim or defense therein that the other party Party has an adequate remedy at law.

Appears in 2 contracts

Samples: Shareholder and Noteholder Agreement (RYB Education, Inc.), Shareholder and Noteholder Agreement (RYB Education, Inc.)

Consent to Specific Performance. The parties hereto Parties declare that it is impossible to measure in money the damages which that would accrue to be suffered by a party Party by reason of the failure by any other Party to perform any of the obligations hereunder. Therefore, if any party Party shall institute any action or proceeding to enforce the provisions hereof, any party Party against whom such action or proceeding is brought hereby waives any claim or defense defence therein that the other party Party has an adequate remedy at lawLaw.

Appears in 2 contracts

Samples: Business Transfer Agreement (Albany Molecular Research Inc), Business Transfer Agreement (Albany Molecular Research Inc)

Consent to Specific Performance. The parties hereto declare Parties acknowledge and agree that it is impossible to measure in money the damages which that would accrue to be suffered by a party Party by reason of the failure by any other Party to perform any of the obligations hereunder. Therefore, if any party Party shall institute any action or proceeding to enforce the provisions hereof, any party Party against whom such action or proceeding is brought hereby waives any claim or defense therein that the other party Party has an adequate remedy at law.

Appears in 2 contracts

Samples: Note Purchase Agreement (Ma Kevin Xiaofeng), Note Purchase Agreement

Consent to Specific Performance. The parties hereto declare agree that it is impossible to measure in money the monetary damages which that would accrue to a party by reason of a failure by any other party to perform any of the obligations hereunder. Therefore, if any party shall institute any action or proceeding to enforce the provisions hereof, any party against whom such action or proceeding is brought hereby waives any claim or defense therein that the other party seeking such relief has an adequate remedy at law.

Appears in 1 contract

Samples: Shareholders' Agreement (Atlantic Data Services Inc)

Consent to Specific Performance. The parties hereto Parties declare that it is impossible to measure in money the damages which that would accrue to be suffered by a party Party by reason of the failure by any other Party to perform any of the obligations hereunder. Therefore, if any party Party shall institute any action or proceeding to enforce seek specific performance or enforcement of the provisions hereof, any party Party against whom such action or proceeding is brought hereby waives any claim or defense defence therein that the other party Party has an adequate remedy at law.

Appears in 1 contract

Samples: Amendment Agreement (Jaguar Animal Health, Inc.)

Consent to Specific Performance. The parties hereto Parties declare that it is impossible to measure in money the damages which that would accrue to be suffered by a party Party by reason of the failure by any other Party to perform any of the obligations hereunder. Therefore, if any party Party shall institute any action or proceeding to enforce seek specific performance or enforcement of the provisions hereof, any party Party against whom such action or proceeding is brought hereby waives any claim or defense defence therein that and the other party Party has an adequate remedy at law.

Appears in 1 contract

Samples: Investment Rights Agreement (Jaguar Animal Health, Inc.)

Consent to Specific Performance. The parties hereto Parties declare that it is impossible to measure in money the damages which that would accrue to be suffered by a party Party by reason of the failure by any other Party to perform any of the obligations hereunder. Therefore, if any party shall institute any action or proceeding to enforce the provisions hereof, any party against whom such action or proceeding is brought hereby waives any claim or defense therein that the other party has an adequate remedy at law.

Appears in 1 contract

Samples: Investment Rights Agreement (Jaguar Animal Health, Inc.)

Consent to Specific Performance. The parties hereto Parties declare that it is impossible to measure in money the damages which that would accrue to be suffered by a party Party by reason of the failure by any other Party to perform any of the obligations hereunder. Therefore, if any party Party shall institute any action or proceeding to enforce the provisions hereof, any party Party against whom such action or proceeding is brought hereby waives any claim or defense therein that the other party Parties has an adequate remedy at law.

Appears in 1 contract

Samples: Subscription Agreement (JinkoSolar Holding Co., Ltd.)

Consent to Specific Performance. The parties hereto declare that it is impossible to measure in money the damages which that would accrue to be suffered by a party by reason of failure by the other party to perform any of the obligations hereunder. Therefore, if any party shall institute any action or proceeding to enforce the provisions hereof, any other party against whom such action or proceeding is brought hereby waives any claim or defense therein that the such other party has an adequate remedy at law, to the extent permitted by Applicable Laws.

Appears in 1 contract

Samples: Agreement

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Consent to Specific Performance. The parties hereto Parties declare that it is impossible to measure in money the damages which that would accrue to be suffered by a party Party by reason of the failure by any other Party to perform any of the obligations hereunder. Therefore, if any party Party shall institute any action or proceeding to enforce the provisions hereof, any party Party against whom such action or proceeding is brought hereby waives any claim or defense therein that the other party has Parties have an adequate remedy at law.

Appears in 1 contract

Samples: Investor Rights Agreement (Daqo New Energy Corp.)

Consent to Specific Performance. The parties hereto declare that it is impossible to measure in money the damages which would accrue to a party by reason of another party's failure to perform any of the obligations hereunder. Therefore, if any party shall institute any action or proceeding to enforce the provisions hereof, any party against whom such action or proceeding is brought hereby waives any claim or defense therein that the other plaintiff party has an any adequate remedy at law, and consents to specific performance as a remedy.

Appears in 1 contract

Samples: Shareholders' Agreement (Navidec Inc)

Consent to Specific Performance. The parties hereto Parties declare that it is impossible to measure in money the damages which that would accrue to be suffered by a party Party by reason of the failure by any other Party to perform any of the obligations hereunder. Therefore, if any party Party shall institute any action or proceeding to enforce the provisions hereof, any party Party against whom such action or proceeding is brought hereby waives any claim or defense defence therein that the other party Party has an adequate remedy at law.

Appears in 1 contract

Samples: Shareholders’ Agreement (The9 LTD)

Consent to Specific Performance. The parties hereto Parties declare that it is impossible to measure in money the damages which that would accrue to be suffered by a party Party by reason of the failure by any other Party to perform any of the obligations hereunder, and that irreparable damage would occur in the event that any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise breached. Therefore, if any party Party shall institute any action Action or proceeding to enforce the provisions hereof, any party Party against whom such action Action or proceeding is brought hereby waives any claim or defense therein that the other party has Parties have an adequate remedy at law.

Appears in 1 contract

Samples: Subscription Agreement (GNC Holdings, Inc.)

Consent to Specific Performance. The parties hereto Parties declare that it is impossible to measure in money the damages which that would accrue to be suffered by a party Party by reason of the failure by any other Party to perform any of the obligations hereunder. Therefore, if any party Party shall institute any action or proceeding to enforce seek specific performance or enforcement of the provisions hereof, any party Party against whom such action or proceeding is brought hereby waives any claim or defense defence therein that the other party Party has an adequate remedy at lawLaw.

Appears in 1 contract

Samples: Dsa Agreement

Consent to Specific Performance. The parties hereto declare acknowledge and agree that it is may be impossible to measure in money the damages which that would accrue to a be suffered by any party hereto by reason of the failure by the other to perform any of the obligations hereunder. Therefore, if any party shall institute any action or proceeding to enforce seeking specific performance of any of the provisions hereofterms of this Proxy, any party the other party(ies) against whom such action or proceeding is brought hereby waives any claim or defense therein that the other instituting party otherwise has an adequate remedy at law.

Appears in 1 contract

Samples: Irrevocable Proxy (Sea LTD)

Consent to Specific Performance. The parties hereto Parties declare that it is impossible to measure in money the damages which that would accrue to be suffered by a party Party by reason of the failure by any other Party to perform any of the obligations hereunder, and that irreparable damage would occur in the event that any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise breached. Therefore, if any party Party shall institute any action or proceeding to enforce the provisions hereof, any party Party against whom such action or proceeding is brought hereby waives any claim or defense therein that the other party has Parties have an adequate remedy at lawLaw.

Appears in 1 contract

Samples: Share Subscription Agreement (Natures Sunshine Products Inc)

Consent to Specific Performance. The parties hereto Parties declare that it is impossible to measure in money the damages which that would accrue to be suffered by a party Party by reason of the failure by any other Party to perform any of the obligations hereunder, and that irreparable damage would occur in the event that any of the provisions of this Agreement are not performed in accordance with their specific terms or otherwise breached. Therefore, if any party Party shall institute any action or proceeding to enforce the provisions hereof, any party Party against whom such action or proceeding is brought hereby waives any claim or defense therein that the other party has Parties have an adequate remedy at law.

Appears in 1 contract

Samples: Operating Agreement (Natures Sunshine Products Inc)

Consent to Specific Performance. The parties hereto Parties declare that it is impossible to measure in money the damages which that would accrue to be suffered by a party Party by reason of the failure by any other Party to perform any of the material obligations hereunder and that, in addition to all other remedies, each Party will be entitled to seek specific performance and to seek injunctive or other equitable relief as a remedy for any such breach or failure to perform its material obligations hereunder. Therefore, if any party shall institute any action or proceeding to enforce the provisions hereof, any party against whom such action or proceeding is brought hereby waives any claim or defense therein that the other party has an adequate remedy at law.

Appears in 1 contract

Samples: Convertible Note Purchase Agreement (Aesthetic Medical International Holdings Group LTD)

Consent to Specific Performance. The parties hereto Parties declare that it is impossible to measure in money the damages which that would accrue to be suffered by a party Party by reason of the failure by any other Party to perform any of the obligations hereunder. Therefore, if any party Party shall institute any action or proceeding to enforce the provisions hereof, any party Party against whom such action or proceeding is brought hereby waives waives, to the extent permitted by law, any claim or defense therein that the other party Party has an adequate remedy at law.

Appears in 1 contract

Samples: Investors’ Rights Agreement (Aurora Mobile LTD)

Consent to Specific Performance. The parties hereto Parties declare that it is impossible to measure in money the damages which that would accrue to be suffered by a party Party by reason of the failure by any other Party to perform any of the obligations hereunder. Therefore, if any party Party shall institute any action or proceeding to enforce seek specific performance or enforcement of the provisions hereof, any party Party against whom such action or proceeding is brought hereby waives any claim or defense therein that the other party Party has an adequate remedy at law.

Appears in 1 contract

Samples: Shareholders’ Agreement

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