Enforcement. 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. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 12 contracts
Samples: Agreement and Plan of Merger (Bertuccis of White Marsh Inc), Agreement and Plan of Merger (Davco Restaurants Inc), Agreement and Plan of Merger (Cort Business Services Corp)
Enforcement. 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. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this AgreementAgreement in any court of the United States, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 11 contracts
Samples: Voting and Support Agreement (Graco Inc), Voting and Support Agreement (Graco Inc), Voting and Support Agreement (CNS Inc /De/)
Enforcement. 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. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this AgreementAgreement in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 11 contracts
Samples: Agreement (Short-Term Investments Trust II), Agreement and Plan (Aim Funds Group), Agreement (Aim Counselor Series Trust)
Enforcement. 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. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity. [The remainder of this page is intentionally left blank.]
Appears in 9 contracts
Samples: Agreement and Plan of Merger (Inncardio, Inc), Agreement and Plan of Merger (Snocone Systems Inc), Agreement and Plan of Merger (Whos Your Daddy Inc)
Enforcement. 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. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this Agreement in a court of the United States (without posting of bond or other security). This being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 9 contracts
Samples: Arrangement Agreement (Mdsi Mobile Data Solutions Inc /Can/), Arrangement Agreement (Mdsi Mobile Data Solutions Inc /Can/), Arrangement Agreement (International Absorbents Inc)
Enforcement. 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. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this AgreementAgreement in any Federal court or New York State court sitting in the Borough of Manhattan, City of New York, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 8 contracts
Samples: Stock Option Agreement (Chase Manhattan Corp /De/), Stock Option Agreement (Morgan J P & Co Inc), Stock Option Agreement (Chase Manhattan Corp /De/)
Enforcement. 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. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreementhereof, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (State Financial Services Corp), Employment Agreement (FCB Financial Corp), Agreement and Plan of Merger (Home Bancorp of Elgin Inc)
Enforcement. 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. It is accordingly agreed that the parties shall be entitled to the remedy of specific performance of such provisions and to an injunction or injunctions and/or such other equitable relief as may be necessary to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this AgreementAgreement in any court of competent jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 8 contracts
Samples: Stockholder Support Agreement (Medical Device Alliance Inc), Stockholder Support Agreement (Medical Device Alliance Inc), Stockholder Support Agreement (Arthrocare Corp)
Enforcement. The parties agree that irreparable damage would could 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. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 7 contracts
Samples: Cross Purchase Agreement (Paperweight Development Corp), Equity Purchase Agreement (Hicks Acquisition CO II, Inc.), Cross Purchase Agreement (Hicks Acquisition CO II, Inc.)
Enforcement. 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. It is accordingly agreed that the parties hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 7 contracts
Samples: Agreement and Plan of Merger, Stock Purchase Agreement (Santander Bancorp), Stock Purchase Agreement (Santander Bancorp)
Enforcement. The parties hereto 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. It is accordingly agreed that the parties hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law Law or in equity.
Appears in 7 contracts
Samples: Stock Purchase Agreement (Interval Leisure Group, Inc.), Stock Purchase Agreement (Interval Leisure Group, Inc.), Stock Purchase Agreement (Federal Signal Corp /De/)
Enforcement. The Each of the parties hereto agree that irreparable damage would will occur in the event that any of the provisions of this Agreement were are not performed in accordance with their specific terms or were are otherwise breached. It is accordingly agreed that each of the parties to this Agreement shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being Agreement in a court of the United States in addition to any other remedy to which they are entitled at law or in equity.
Appears in 6 contracts
Samples: Support Agreement (Goodys Family Clothing Inc /Tn), Support Agreement (GMM Capital LLC), Support Agreement (Prentice Capital Management, LP)
Enforcement. 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. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Illumina Inc), Agreement and Plan of Merger (Solexa, Inc.), Agreement and Plan of Merger (Regan Holding Corp)
Enforcement. 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. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this AgreementAgreement in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity. [The remainder of this page is intentionally blank.]
Appears in 6 contracts
Samples: Agreement and Plan of Merger (Arena Resources Inc), Agreement and Plan of Merger (Sandridge Energy Inc), Voting Agreement (Iomai Corp)
Enforcement. The parties 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 on a timely basis or were otherwise breached. It is accordingly agreed that the parties Parties shall be entitled to an injunction or injunctions other equitable relief (without the requirement of posting a bond or other security) to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this AgreementAgreement in any Chosen Court, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 6 contracts
Samples: Voting and Support Agreement (Indus Realty Trust, Inc.), Voting and Support Agreement (Indus Realty Trust, Inc.), Voting Agreement (Broadcom Inc.)
Enforcement. 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. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches specific performance of the terms and provisions of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, if applicable), this being in addition to any other remedy to which they the parties are entitled at law or in equity.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (RWD Technologies Inc), Agreement and Plan of Merger (Jack Miller Family Limited Partnership 1), Agreement and Plan of Merger (NPC International Inc)
Enforcement. The parties hereto 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. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions hereof in any court of this Agreementthe United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 6 contracts
Samples: Agreement and Plan of Merger (RBB Bancorp), Agreement and Plan of Merger (CU Bancorp), Agreement (CU Bancorp)
Enforcement. The parties 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. It is accordingly agreed that the parties shall be Parties are entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions hereof, on a non-exclusive basis, in any court of this Agreementthe Province of Ontario having jurisdiction, this being in addition to any other remedy to which they are such Party is entitled at law or in equity.
Appears in 6 contracts
Samples: Arrangement Agreement (Alamos Gold Inc), Arrangement Agreement (Yamana Gold Inc.), Voting and Support Agreement (Alamos Gold Inc)
Enforcement. (a) The parties agree that irreparable damage would occur and that the parties would not have any adequate remedy at law in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, without the necessity of posting bonds or similar undertakings in connection therewith, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 5 contracts
Samples: Equity Exchange Agreement (Non Invasive Monitoring Systems Inc /Fl/), Agreement and Plan of Merger (Asiya Pearls, Inc.), Agreement and Plan of Merger (Brista Corp.)
Enforcement. 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. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this AgreementAgreement in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 5 contracts
Samples: Agreement and Plan of Reorganization (Hancock John Variable Series Trust I), Agreement and Plan of Reorganization (Hancock John Variable Series Trust I), Agreement and Plan of Reorganization (Hancock John Variable Series Trust I)
Enforcement. 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. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this AgreementAgreement in any court of the United States located in the State of Idaho, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 5 contracts
Samples: Securities Exchange Agreement (Royal Energy Resources, Inc.), Securities Exchange Agreement (Royal Energy Resources, Inc.), Securities Exchange Agreement (Royal Energy Resources, Inc.)
Enforcement. 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. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity. In addition, each of the parties hereto waives any right to trial by jury with respect to any claim or proceeding related to or arising out of this Agreement or any of the transactions contemplated hereby.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Edmark Corp), Purchase and Option Agreement (Greenberg Steven), Purchase Agreement (Greenberg Steven)
Enforcement. The parties hereto agree that irreparable damage would occur in the event that any of the provisions provision of this Agreement were was not performed in accordance with their its specific terms or were was otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions hereof in any court of this Agreementcompetent jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Amazon Com Inc), Agreement and Plan of Merger, Agreement and Plan of Merger (Audible Inc)
Enforcement. The parties hereto 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. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to specifically enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are any party is entitled at law or in equity.
Appears in 5 contracts
Samples: Agreement and Plan of Merger (Panolam Industries International Inc), Agreement and Plan of Merger (Standard Aero Holdings Inc.), Agreement and Plan of Merger (Beckman Coulter Inc)
Enforcement. The parties 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 terms, or were otherwise breached. It is accordingly agreed that the parties Parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 5 contracts
Samples: Share Purchase Agreement (Plains All American Pipeline Lp), Share Purchase Agreement (Pogo Producing Co), Share Purchase Agreement (Paramount Energy Trust)
Enforcement. The parties Parties hereto agree that irreparable damage would occur in the event that any of the provisions provision of this Agreement were was not performed in accordance with their its specific terms or were was otherwise breached. It is accordingly agreed that the parties Parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions hereof in any court of this Agreementcompetent jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Cme Group Inc.), Agreement and Plan of Merger (Nymex Holdings Inc), Agreement and Plan of Merger (CF Industries Holdings, Inc.)
Enforcement. The parties hereto 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. It is accordingly agreed that the parties hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this AgreementAgreement in any court in the United States or any state having jurisdiction, subject to Section 8.5(b), this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Eschelon Telecom Inc), Agreement and Plan of Merger (CCC Information Services Group Inc), Agreement and Plan of Merger (Talk America Holdings Inc)
Enforcement. 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. It is The parties accordingly agreed agree that the parties shall will be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Tendercare International Inc), Agreement and Plan of Merger (Hain Celestial Group Inc), Agreement and Plan of Merger (Spectrum Organic Products Inc)
Enforcement. 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. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Escrow Agreement, Escrow Agreement (Universal American Corp.), Escrow Agreement (Ascent Media CORP)
Enforcement. The parties agree that irreparable damage would occur in the event that if any of the provisions of this Agreement were was not performed in accordance with their its specific terms or were otherwise breachedterms. It is accordingly agreed that by the parties to this Agreement that they each shall be entitled to an injunction or injunctions to prevent breaches specific performance of the terms of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are each party is entitled at law or in equity.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Triangle Pharmaceuticals Inc), Agreement and Plan of Merger (Gilead Sciences Inc), Agreement and Plan of Merger (Triangle Pharmaceuticals Inc)
Enforcement. The parties to this Agreement agree that the irreparable damage would will occur in the event that any of the provisions of this Agreement were is not performed in accordance with their its specific terms or were is otherwise breachedbreached and that monetary damages will not constitute adequate compensation for any breach of this Agreement. It is accordingly agreed that Accordingly, in addition to any other remedy available to any party at law or equity, the parties shall be entitled to an injunction or injunctions in any court of competent jurisdiction to prevent breaches of this Agreement and to specifically enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Stockholders Agreement (Hawaiian Holdings Inc), Stockholders Agreement (Hawaiian Airlines Inc/Hi), Stockholders Agreement (Hawaiian Airlines Inc/Hi)
Enforcement. 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. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this AgreementAgreement in any court as provided in the Section above, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Stock Option Agreement (J P Morgan Chase & Co), Agreement and Plan of Merger (FCStone Group, Inc.), Stock Option Agreement (International Assets Holding Corp)
Enforcement. 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. It is accordingly agreed that the parties shall be entitled to equitable relief without the requirement of posting a bond or other security, including to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Voting and Tender Agreement, Voting and Tender Agreement (Ceradyne Inc), Voting and Tender Agreement (Cogent, Inc.)
Enforcement. The parties agree that irreparable damage would could 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. It is accordingly agreed that the parties shall be entitled to an injunction inunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law Law or in equity.
Appears in 3 contracts
Samples: Equity Holder Agreement (Phillips Edison Grocery Center Reit I, Inc.), Contribution Agreement (Phillips Edison Grocery Center Reit I, Inc.), Contribution Agreement (Phillips Edison Grocery Center Reit I, Inc.)
Enforcement. 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. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this AgreementAgreement in any court of the United States or any state, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Wallace Computer Services Inc), Agreement and Plan of Merger (Wallace Computer Services Inc), Agreement and Plan of Merger (Graphic Industries Inc)
Enforcement. 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. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this AgreementAgreement in any court, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Endogen Inc), Agreement and Plan of Merger (Endogen Inc), Agreement and Plan of Merger (Ewok Acquisition Corp)
Enforcement. 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. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity. In addition, each of the parties hereto waives any right to trial by jury with respect to any claim or proceeding related to or arising out of this Agreement or any of the transactions contemplated hereby.
Appears in 3 contracts
Samples: 4 Agreement and Plan of Merger (Incontrol Inc), Agreement and Plan of Merger (Guidant Corp), Agreement and Plan of Merger (Incontrol Inc)
Enforcement. 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. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 3 contracts
Samples: Registration Rights Agreement (Western Multiplex Corp), Agreement and Plan of Merger (Compaq Interests Inc), Agreement and Plan of Merger (Shopping Com)
Enforcement. 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. It is accordingly agreed that the parties hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.. * * *
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Tucker Anthony Sutro), Agreement and Plan of Merger (Royal Bank of Canada \), Agreement and Plan of Merger (Dain Rauscher Corp)
Enforcement. 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 breachedterms. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreementhereof, this being in addition to any other remedy remedies to which they are entitled at law or in equity, without having to post any bond or to prove actual damages.
Appears in 3 contracts
Samples: Agreement and Plan of Amalgamation (Teleglobe International Holdings LTD), Agreement and Plan of Amalgamation (Videsh Sanchar Nigam LTD), Agreement and Plan of Merger (Trover Solutions Inc)
Enforcement. The parties agree that irreparable damage would occur and that the parties would not have any adequate remedy at law in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Hunt Corp), Agreement and Plan of Merger (Emtec Inc/Nj), Agreement and Plan of Merger (Emtec Inc/Nj)
Enforcement. The parties 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. It is accordingly agreed that the parties Parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 3 contracts
Samples: Purchase Agreement (Edison Mission Energy), Purchase Agreement (Edison Mission Energy), Purchase Agreement (International Power PLC)
Enforcement. The parties hereto agree that irreparable damage would occur and that they would not have any adequate remedy at law in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this AgreementAgreement without proof of actual damages and without the posting of any bond or other security, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 3 contracts
Samples: Voting and Support Agreement (Liberty Tax, Inc.), Voting and Share Ownership Agreement (Liberty Tax, Inc.), Voting Agreement (Liberty Tax, Inc.)
Enforcement. The parties Parties hereto agree that irreparable damage would occur in the event that any of the provisions provision of this Agreement were was not performed in accordance with their its specific terms or were was otherwise breached. It is accordingly agreed that the parties Parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) specific performance of the terms and provisions hereof in any court of this Agreementcompetent jurisdiction, this being in addition to any other remedy to which they are entitled at law Law or in equity.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (K Tron International Inc), Agreement and Plan of Merger (K Tron International Inc), Agreement and Plan of Merger (Hillenbrand, Inc.)
Enforcement. 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 on a timely basis or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions other equitable relief to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this AgreementAgreement in any court identified in Section 8.16, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 3 contracts
Samples: Investment Agreement, Investment Agreement (KKR & Co. L.P.), Investment Agreement (KKR & Co. L.P.)
Enforcement. The parties 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. It is accordingly agreed that the parties shall be Parties are entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions hereof, on a non-exclusive basis, in any court of this Agreementthe Province of British Columbia having jurisdiction, this being in addition to any other remedy to which they are such Party is entitled at law or in equity.
Appears in 3 contracts
Samples: Voting and Support Agreement (Aurora Cannabis Inc), Voting and Support Agreement, Voting and Support Agreement
Enforcement. 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. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this AgreementAgreement in any court of the United States located in the State of Nevada, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 3 contracts
Samples: Securities Exchange Agreement (RNS Software, Inc.), Securities Exchange Agreement (Boulder Acquisitions Inc), Securities Exchange Agreement (Medina Coffee Inc)
Enforcement. The parties agree that irreparable damage would occur in the event that if any of the provisions provision of this Agreement were not performed in accordance with their specific the terms or were otherwise breached. It is accordingly agreed hereof and that the parties each Party shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and or to enforce specifically (without requirement to post a bond) the performance of the terms and provisions of this Agreementhereof in any court specified in Section 7.9, this being in addition to any other remedy to which they are it is entitled at law or in equity. The parties hereby waive, in any such action for specific performance, the defense of adequacy of a remedy at law and the posting of any bond or other security in connection therewith.
Appears in 3 contracts
Samples: Lease and Festival Rights Agreement, Assignment of Lease and Festival Rights (Origo Acquisition Corp), Assignment of Lease and Festival Rights (Hightimes Holding Corp.)
Enforcement. 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. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this AgreementAgreement in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Baird Blue Chip Fund Inc), Agreement and Plan of Reorganization (Baird Funds Inc), Agreement and Plan of Reorganization (Baird Capital Development Fund Inc)
Enforcement. The parties 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. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this AgreementAgreement in any Israeli court, this being in addition to any other remedy to which they are entitled at law Law or in equity.
Appears in 3 contracts
Samples: Share Purchase Agreement (Maiman Yosef A), Share Purchase Agreement (Nistec Ltd.), Unit Purchase Agreement (Gilat Satellite Networks LTD)
Enforcement. 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. It is accordingly agreed that the parties shall be entitled equitable relief without the requirement of posting a bond or other security, including to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Standard Microsystems Corp), Agreement and Plan of Merger (Conexant Systems Inc), Agreement and Plan of Merger (Martek Biosciences Corp)
Enforcement. The parties Parties hereto agree that irreparable damage would occur in the event that any of the provisions provision of this Agreement were was not performed in accordance with their its specific terms or were was otherwise breached. It is accordingly agreed that the parties Parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions hereof in any court of this Agreementcompetent jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity. [Signature Page Follows.]
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Cbot Holdings Inc), Agreement and Plan of Merger (NYSE Euronext), Agreement and Plan of Merger (Chicago Mercantile Exchange Holdings Inc)
Enforcement. The parties 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 on a timely basis or were otherwise breached. It is accordingly agreed that the parties Parties shall be entitled to an injunction or injunctions other equitable relief to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this AgreementAgreement in any court identified in the Section 9.9 above, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 3 contracts
Samples: Arrangement Agreement (Magnum Hunter Resources Corp), Arrangement Agreement (Magnum Hunter Resources Corp), Arrangement Agreement (NGAS Resources Inc)
Enforcement. The parties 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. It is accordingly agreed that the parties shall be either Party is entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions hereof, on a non-exclusive basis, in any court of this Agreementthe Province of Ontario having jurisdiction, this being in addition to any other remedy to which they are such Party is entitled at law or in equity.
Appears in 3 contracts
Samples: Voting and Support Agreement (Richmont Mines Inc), Voting and Support Agreement (Richmont Mines Inc), Voting and Support Agreement (Alamos Gold Inc)
Enforcement. The parties 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. It is accordingly agreed that the parties Parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to specifically enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are any Party is entitled at law Law or in equity.
Appears in 2 contracts
Samples: Membership Interest Purchase Agreement (Lennar Corp /New/), Member Interests Purchase Agreement (Centex Corp)
Enforcement. The parties hereto 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. It is accordingly agreed that the parties hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this AgreementAgreement in any court in the United States or any state having jurisdiction, subject to Section 10.5(b), this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Texas Market Tire, Inc.), Agreement and Plan of Merger (Texas Market Tire, Inc.)
Enforcement. The parties hereto 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 breachedterms. It The parties further agree that money damages would not be a sufficient remedy for any breach of this Agreement by the parties. Accordingly, it is accordingly agreed that the parties hereto shall be entitled entitled, without the requirement of posting a bond or other security, to an injunction or injunctions to prevent breaches specific performance of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreementhereof, provided that such party is not in material default hereunder, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Teppco Partners Lp), Agreement and Plan of Merger (Teppco Partners Lp)
Enforcement. The parties hereto agree that irreparable damage to the parties 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. It is accordingly agreed that the parties any party shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, without bond or other security being required, this being in addition to any other remedy to which they are such party is entitled at law Law or in equity.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Entercom Communications Corp), Registration Rights Agreement (Entercom Communications Corp)
Enforcement. The parties agree that irreparable damage would occur in the event that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this AgreementAgreement in any action instituted in any court of the United States or any state thereof having jurisdiction over the parties and the matter, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Univision Communications Inc), Stock Purchase Agreement (Clear Channel Investments Inc)
Enforcement. The parties 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. It is accordingly agreed that the parties shall Parties will be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 2 contracts
Samples: Separation Agreement (DMRC Corp), Separation Agreement (DMRC Corp)
Enforcement. 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. It is accordingly agreed that the parties shall be entitled to equitable relief without the requirement of posting a bond or other security, including an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (First Foundation Inc.), Agreement and Plan of Merger (Sauer Danfoss Inc)
Enforcement. 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 on a timely basis or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions other equitable relief to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this AgreementAgreement in any court identified in Section 10.10, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Carters Inc), Agreement and Plan of Merger (Oshkosh B Gosh Inc)
Enforcement. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their its specific terms or were was otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreementhereof in any New York Court, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (At&t Latin America Corp), Agreement (Firstcom Corp)
Enforcement. 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. It it is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this AgreementAgreement in any court of the United States located in the State of New York or in New York state court, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 2 contracts
Samples: Agreement and Plan (Long Island Lighting Co), Agreement and Plan of Exchange (Brooklyn Union Gas Co)
Enforcement. 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. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this the Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Grant Ventures Inc), Agreement and Plan of Merger (Grant Ventures Inc)
Enforcement. The parties Parties agree that irreparable damage would occur in the event that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be Parties are entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions hereof, on a non-exclusive basis, in any court of this Agreementthe Province of British Columbia having jurisdiction, this being in addition to any other remedy to which they are such Party is entitled at law or in equity.
Appears in 2 contracts
Samples: Voting and Support Agreement (Fury Gold Mines LTD), Fury Gold Mines LTD
Enforcement. The parties Parties to this Agreement agree that irreparable damage would will occur in the event that any of the provisions of this Agreement were is not performed in accordance with their its specific terms or were is otherwise breachedbreached and that 17 monetary damages will not constitute adequate compensation for any breach of this Agreement. It is accordingly agreed that Accordingly, in addition to any other remedy available to any Party at law or equity, the parties shall Parties shall, subject to Section 4.7, be entitled to an injunction or injunctions in any court of competent jurisdiction to prevent breaches of this Agreement and to specifically enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Hawaiian Airlines Inc/Hi), Agreement and Plan of Merger (Brenneman Gregory D)
Enforcement. 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. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity. The parties agree to waive any requirements for the securing or posting of any bond in connection with any remedy described in this Section 8.9 (except to the extent required by Law).
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Renasant Corp), Agreement and Plan of Merger (First M&f Corp/MS)
Enforcement. 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. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent such breaches and specific performance of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreementhereof, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Autogrill Acquisition Co), Agreement and Plan of Merger (Host Marriott Services Corp)
Enforcement. 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. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement 104 and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Amphenol Corp /De/), Agreement and Plan of Merger (NXS I LLC)
Enforcement. The parties hereto agree that irreparable damage would may occur in the event that any of the provisions of this Agreement were not performed in accordance with their its specific terms or were was otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreementhereof in any New York Court, this being in addition to any other remedy to which they are entitled at law or in equityequity for damages or otherwise.
Appears in 2 contracts
Samples: Tender and Voting Agreement (Suez Lyonnaise Des Eaux), Tender and Voting Agreement (Trigen Energy Corp)
Enforcement. 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. It is accordingly agreed that the parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 2 contracts
Samples: Voting Agreement (Nickell Frank T), Voting Agreement (Citation Corp /Al/)
Enforcement. The parties agree that irreparable damage would occur and that the parties would not have any adequate remedy at law in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall will be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this AgreementAgreement in any court of competent jurisdiction, this the foregoing being in addition to any other remedy to which they are entitled at law or in equity.. 6
Appears in 2 contracts
Samples: Stock Option Agreement Stock Option Agreement (Gte Corp), Exhibit 2 Stock Option Agreement Stock Option Agreement (BBN Corp)
Enforcement. The parties agree that irreparable damage would occur in the event that any of if the provisions contained in 7.2(b) of this Agreement were not performed in accordance with their its specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of Section 7.2(b) of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions thereof in any court of this Agreementthe United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Gs Financial Corp), Agreement and Plan of Merger (Home Bancorp, Inc.)
Enforcement. 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. It , and it is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Freedom Securities Corp /De/), Agreement and Plan of Merger (Syratech Corp)
Enforcement. 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. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity. SECTION 8.11.
Appears in 2 contracts
Samples: Exhibit 2 Agreement and Plan of Merger (Back Bay Restaurant Group Inc), Agreement and Plan of Merger (Bertuccis Inc)
Enforcement. The parties 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 on a timely basis or were otherwise breached. It is accordingly agreed that the parties Parties shall be entitled to an injunction or injunctions other equitable relief, without the necessity of proving actual monetary loss or posting any bond or other security, to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Federal Home Loan Bank of Seattle), Agreement and Plan of Merger (Federal Home Loan Bank of Des Moines)
Enforcement. The parties agree that irreparable damage would occur and that the parties would not have any adequate remedy at law in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It Accordingly, it is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 2 contracts
Samples: Partnership Interest Purchase Agreement (Loral Space & Communications Inc.), Partnership Interest Purchase Agreement (Globalstar, Inc.)
Enforcement. The parties agree that irreparable damage would occur in the event that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed agreed, except as provided in Section 2.11 and otherwise herein, that the parties shall will be entitled to an injunction temporary restraining orders, injunctions or injunctions similar equitable relief to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 2 contracts
Samples: Registration Rights Agreement (Mercantil Bank Holding Corp), Registration Rights Agreement (Mercantil Bank Holding Corp)
Enforcement. 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. It is accordingly agreed that prior to the Closing the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 2 contracts
Samples: Stock Purchase and Redemption Agreement (Holmes Products Corp), Stock Purchase Agreement (Holmes Products Corp)
Enforcement. The parties 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. It is accordingly agreed that the parties Parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, . [The remainder of this being in addition to any other remedy to which they are entitled at law or in equitypage is left blank intentionally.]
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Summit Holding Southeast Inc), Agreement and Plan of Merger (Liberty Mutual Insurance Co)
Enforcement. The parties acknowledge and agree that irreparable damage would occur in the event that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that Accordingly, the parties shall will be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and its provisions of this Agreementin any court having jurisdiction, this being in addition to any other remedy to which they are may be entitled at law or in equity.
Appears in 2 contracts
Samples: Registration and Standstill Agreement (Sipex Corp), Registration and Standstill Agreement (Sipex Corp)
Enforcement. 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. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this AgreementAgreement in any court of the United States having competent jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Urs Corp /New/), Agreement and Plan of Merger (Dames & Moore Group)
Enforcement. The parties Parties agree that irreparable damage would might 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. It is accordingly agreed that the parties Parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Montpelier Re Holdings LTD), Stock Purchase Agreement (Gainsco Inc)
Enforcement. The parties hereto 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 intent or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent or cure breaches of the provisions of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreementhereof, this being in addition to any other remedy to which they are may be entitled at by law or in equity.
Appears in 2 contracts
Samples: Purchase Agreement (Itc Deltacom Inc), Purchase Agreement (Itc Deltacom Inc)
Enforcement. The parties hereto agree that legal damages would be inadequate and 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. It is accordingly agreed that the parties hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions hereof (without the posting of this Agreementany bond or security), this such remedy being in addition to any other remedy to which they are any party is entitled at law or in equity.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Braun Consulting Inc), Agreement and Plan of Merger (Fair Isaac Corp)
Enforcement. 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. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being Agreement in addition to any other remedy to which they are entitled at law or in equity.entitled. 52
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Anadarko Petroleum Corp), Agreement and Plan of Merger (Kerr McGee Corp /De)
Enforcement. The parties Parties 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 breached. It is accordingly agreed hereof and that any breach of this Agreement would not be adequately compensated by monetary damages, and that the parties Parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and or to enforce specifically (without requirement to post a bond) the performance of the terms and provisions hereof, without proof of this Agreementactual damages or inadequacy of legal remedy and without bond or other security being required, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 2 contracts
Samples: Voting Agreement (Select Interior Concepts, Inc.), Voting Agreement (Select Interior Concepts, Inc.)
Enforcement. The parties 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 on a timely basis or were otherwise breached. It is accordingly agreed that the parties Parties shall be entitled to an injunction or injunctions other equitable relief, without the necessity of proving actual monetary loss or posting any bond or other security, to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this AgreementAgreement in any court identified in Section 8.10, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Center Financial Corp), Agreement and Plan of Merger (Nara Bancorp Inc)
Enforcement. 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. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they the parties are entitled at law or in equity. [The remainder of this page is intentionally left blank.]
Appears in 2 contracts
Samples: Agreement (RFS Hotel Investors Inc), Agreement (CNL Hospitality Properties Inc)
Enforcement. The parties hereto agree that irreparable damage would occur in the event that any of the provisions provision of this Agreement were was not performed in accordance with their its specific terms or were was otherwise breached. It is accordingly agreed that that, except as provided in Section 8.3(c), the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions hereof in any court of this Agreementcompetent jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (American Land Lease Inc), Agreement and Plan of Merger (GCP Sunshine Acquisition, Inc. A Delaware Corp)
Enforcement. 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. It is accordingly agreed that the parties shall be are entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Southwest Gas Corp), Agreement and Plan of Merger (Oneok Inc /New/)
Enforcement. The parties 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. It is accordingly agreed that the parties Parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 2 contracts
Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (United Financial Corp \Mn\)
Enforcement. 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. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent 102 breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this AgreementAgreement in any court of the United States located in the State of New York, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Red Lion Inns Limited Partnership), Agreement and Plan of Merger (Boykin Lodging Co)
Enforcement. The parties 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 on a timely basis or were otherwise breached. It is accordingly agreed that prior to termination of this Agreement in accordance with Article VII, the parties Parties shall be entitled to an injunction or injunctions other equitable relief to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this AgreementAgreement in any court identified in Section 8.13, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 2 contracts
Samples: Membership Interest Purchase Agreement (Leucadia National Corp), Limited Liability Company Agreement (National Beef Packing Co LLC)
Enforcement. The parties 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 on a timely basis or were otherwise breached. It is accordingly agreed that the parties Parties shall be entitled to an injunction or injunctions other equitable relief to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this AgreementAgreement in any court identified in the Section above, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Istar Inc.), Agreement and Plan of Merger (Equity One, Inc.)
Enforcement. 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. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.. * * * * *
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Interpore International Inc /De/), Agreement and Plan of Merger (Biomet Inc)
Enforcement. The parties 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 on a timely basis or were otherwise breached. It is accordingly agreed that the parties Parties shall be entitled to an injunction or injunctions other equitable relief, without the necessity of proving actual monetary loss or posting any bond or other security, to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this AgreementAgreement in any court identified in Section 9.8, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (BBCN Bancorp Inc), Agreement and Plan of Merger (Wilshire Bancorp Inc)
Enforcement. The parties agree that irreparable damage would may 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. It is accordingly agreed that the parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 2 contracts
Samples: Merger Agreement, Merger Agreement (Amber Road, Inc.)
Enforcement. 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. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically (without requirement to post a bond) the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity. The parties agree to waive any requirements for the securing or posting of any bond in connection with any remedy described in this Section 8.9.
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Renasant Corp), Agreement and Plan of Merger (Capital Bancorp Inc)
