Injunctive Relief; Jurisdiction. The Stockholder and the Company agree that irreparable damage would occur and that Parent 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 Parent shall be entitled to an injunction or injunctions to prevent breaches by the Stockholder or the Company of this Agreement and to enforce specifically the terms and provisions of this Agreement in any court of the United States located in the State of Delaware or in any Delaware state court (collectively, the "Courts"), 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 (i) irrevocably consents to the submission of such party to the personal jurisdiction of the Courts in the event that any dispute arises out of this Agreement or any of the transactions contemplated hereby, (ii) agrees that such party will not attempt to deny or defeat such party to the personal jurisdiction by motion or other request for leave from any of the Courts and (iii) agrees that such party will not bring any action relating to this Agreement or any of the transactions contemplated hereby in any court other the Courts. The Stockholder hereby appoints, and shall give prompt notice of such appointment to, Prickett, Jones, Xxxxxxx, Xxxxxxx & Xxxxxx, 0000 Xxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, as its authorized agent (the "Authorized Agent") upon which process may be served in any action based on this Agreement which may be instituted in the Courts by Parent, and the Stockholder and the Company expressly accepts the jurisdiction of any such Court in respect to such action. Such appointment shall be irrevocable. The Stockholder, severally but not jointly, represents and warrants that the Authorized Agent has agreed to act as said agent for service of process, and the Stockholder agrees, severally but not jointly, to take any and all action, including, without limitation, the filing of any and all documents and instruments, which may be necessary to continue such appointment in full force and effect. Service of process upon the Authorized Agent and written notice of such service to the Stockholder shall be deemed, in every respect, effective service of process upon the Stockholder.
Appears in 4 contracts
Samples: Stock Voting Agreement (Conagra Inc /De/), Stock Voting Agreement (Conagra Inc /De/), Stock Voting Agreement (Conagra Inc /De/)
Injunctive Relief; Jurisdiction. The Stockholder and the Company agree that irreparable damage would occur and that Parent 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 Parent shall be entitled to an injunction or injunctions to prevent breaches by the Stockholder or the Company of this Agreement and to enforce specifically the terms and provisions of this Agreement in any court of the United States located in the State of Delaware or in any Delaware state court (collectively, the "Courts"), 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 (i) irrevocably consents to the submission of such party to the personal jurisdiction of the Courts in the event that any dispute arises out of this Agreement or any of the transactions contemplated hereby, (ii) agrees that such party will not attempt to deny or defeat such party to the personal jurisdiction by motion or other request for leave from any of the Courts and (iii) agrees that such party will not bring any action relating to this Agreement or any of the transactions contemplated hereby in any court other the Courts. The Stockholder hereby appoints, and shall give prompt notice of such appointment to, Prickett, Jones, XxxxxxxEllixxx, Xxxxxxx & XxxxxxSchnxx, 0000 0010 Xxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, as xx its authorized agent (the "Authorized Agent") upon which process may be served in any action based on this Agreement which may be instituted in the Courts by Parent, and the Stockholder and the Company expressly accepts the jurisdiction of any such Court in respect to such action. Such appointment shall be irrevocable. The Stockholder, severally but not jointly, represents and warrants that the Authorized Agent has agreed to act as said agent for service of process, and the Stockholder agrees, severally but not jointly, to take any and all action, including, without limitation, the filing of any and all documents and instruments, which may be necessary to continue such appointment in full force and effect. Service of process upon the Authorized Agent and written notice of such service to the Stockholder shall be deemed, in every respect, effective service of process upon the Stockholder.
Appears in 2 contracts
Samples: Stock Voting Agreement (International Home Foods Inc), Stock Voting Agreement (International Home Foods Inc)
Injunctive Relief; Jurisdiction. The Stockholder and the Company agree that irreparable damage would occur and that Parent 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 Parent shall be entitled to an injunction or injunctions to prevent breaches by the Stockholder or the Company of this Agreement and to enforce specifically the terms and provisions of this Agreement in any court of the United States located in the State of Delaware or in any Delaware state court (collectively, the "Courts"), 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 (i) irrevocably consents to the submission of such party to the personal jurisdiction of the Courts in the event that any dispute arises out of this Agreement or any of the transactions contemplated hereby, (ii) agrees that such party will not attempt to deny or defeat such party to the personal jurisdiction by motion or other request for leave from any of the Courts and (iii) agrees that such party will not bring any action relating to this Agreement or any of the transactions contemplated hereby in any court other the Courts. The Stockholder hereby appoints, and shall give prompt notice of such appointment to, Prickett, Jones, XxxxxxxEllixxx, Xxxxxxx & XxxxxxXchnxx, 0000 0010 Xxxx Xxxxxx, XxxxxxxxxxWilmington, Xxxxxxxx 00000Delaware 19899, as its authorized agent (the "Authorized Agent") upon which process may be served in any action based on this Agreement which may be instituted in the Courts by Parent, and the Stockholder and the Company expressly accepts the jurisdiction of any such Court in respect to such action. Such appointment shall be irrevocable. The Stockholder, severally but not jointly, represents and warrants that the Authorized Agent has agreed to act as said agent for service of process, and the Stockholder agrees, severally but not jointly, to take any and all action, including, without limitation, the filing of any and all documents and instruments, which may be necessary to continue such appointment in full force and effect. Service of process upon the Authorized Agent and written notice of such service to the Stockholder shall be deemed, in every respect, effective service of process upon the Stockholder.
Appears in 2 contracts
Samples: Stock Voting Agreement (International Home Foods Inc), Stock Voting Agreement (International Home Foods Inc)
Injunctive Relief; Jurisdiction. The Stockholder and the Company Parent agree that irreparable damage would occur and that Parent 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 Parent shall be entitled to an injunction or injunctions to prevent breaches by the Stockholder or the Company of this Agreement and to enforce specifically the terms and provisions of this Agreement in any court of the United States located in the State of Delaware or in any Delaware state court (collectively, the "Courts"), 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 (i) irrevocably consents to the submission of such party to the personal jurisdiction of the Courts in the event that any dispute arises out of this Agreement or any of the transactions contemplated hereby, (ii) agrees that such party will not attempt to deny or defeat such party to the personal jurisdiction by motion or other request for leave from any of the Courts and (iii) agrees that such party will not bring any action relating to this Agreement or any of the transactions contemplated hereby in any court other the Courts. The Stockholder hereby appoints, and shall give prompt notice of such appointment to, Prickettthe Xxxxxxxx-Xxxx Corporation System, Jones, Xxxxxxx, Xxxxxxx & Xxxxxx, 0000 Xxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, Inc. as its authorized agent (the "Authorized Agent") upon which process may be served in any action based on this Agreement which may be instituted in the Courts by Parent, and the Stockholder and the Company expressly accepts the jurisdiction of any such Court in respect to such action. Such appointment shall be irrevocable. The Stockholder, severally but not jointly, Stockholder represents and warrants that the Authorized Agent has agreed to act as said agent for service of process, and the Stockholder agrees, severally but not jointly, agrees to take any and all action, including, without limitation, the filing of any and all documents and instruments, which may be necessary to continue such appointment in full force and effect. Service of process upon the Authorized Agent and written notice of such service to the Stockholder shall be deemed, in every respect, effective service of process upon the Stockholder.
Appears in 1 contract
Samples: Stock Voting Agreement (Inacom Corp)
Injunctive Relief; Jurisdiction. The Stockholder and the Company agree Shareholder agrees that irreparable damage would occur and that Parent 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 Parent shall be entitled to an injunction or injunctions to prevent breaches by the Stockholder or the Company Shareholder of this Agreement and to enforce specifically the terms and provisions of this Agreement in any court of the United States located in the State of Delaware North Carolina or in any Delaware North Carolina state court (collectively, the "Courts"), 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 (i) irrevocably consents to the submission of such party to the personal jurisdiction of the Courts in the event that any dispute arises out of this Agreement or any of the transactions contemplated hereby, (ii) agrees that such party will not attempt to deny or defeat such party to the personal jurisdiction by motion or other request for leave from any of the Courts and (iii) agrees that such party will not bring any action relating to this Agreement or any of the transactions contemplated hereby in any court other the Courts. The Stockholder Shareholder hereby appoints, and shall give prompt notice of such appointment to, Prickettthe law firm of Smith, JonesAnderson, XxxxxxxBlount, Xxxxxxx & Xxxxxx, 0000 Xxxx Xxxxxx, XxxxxxxxxxDorsett, Xxxxxxxx 00000& Xxxxxxxx, LLP, as its his authorized agent (the "Authorized Agent") upon which process may be served in any action based on this Agreement which may be instituted in the Courts by Parent, and the Stockholder and the Company Shareholder expressly accepts the jurisdiction of any such Court in respect to such action. Such appointment shall be irrevocable. The Stockholder, severally but not jointly, Shareholder represents and warrants that the Authorized Agent has agreed to act as said agent for service of process, and the Stockholder agrees, severally but not jointly, Shareholder agrees to take any and all action, including, without limitation, the filing of any and all documents and instruments, which may be necessary to continue such appointment in full force and effect. Service of process upon the Authorized Agent and written notice of such service to the Stockholder Shareholder shall be deemed, in every respect, effective service of process upon the StockholderShareholder.
Appears in 1 contract
Injunctive Relief; Jurisdiction. The Stockholder Stockholders and the Company Buyer agree that irreparable damage would occur and that Parent Seller 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 Parent Seller shall be entitled to an injunction or injunctions to prevent breaches by the Stockholder Stockholders or the Company Buyer of this Agreement and to enforce specifically the terms and provisions of this Agreement in any court of the United States located in the State of Delaware or in any Delaware state court (collectively, the "Courts"), 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 (i) irrevocably consents to the submission of such party to the personal jurisdiction of the Courts in the event that any dispute arises out of this Agreement or any of the transactions contemplated hereby, (ii) agrees that such party will not attempt to deny or defeat such party to the personal jurisdiction by motion or other request for leave from any of the Courts and (iii) agrees that such party will not bring any action relating to this Agreement or any of the transactions contemplated hereby in any court other the Courts. The Stockholder Stockholders and Buyer hereby appointsappoint, and shall give prompt notice of such appointment to, Prickett, Jones, Xxxxxxx, Xxxxxxx & Xxxxxx, 0000 Xxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000Lonnie A. Pilgrim, as its authorized agent (the "Authorized AgentAxxxxxxxxx Xxxxx") upon which process may be served in any action based on this Agreement which may be instituted in the Courts by ParentSeller, and the Stockholder Stockholders and the Company Buyer expressly accepts accept the jurisdiction of any such Court in respect to such action. Such appointment shall be irrevocable. The StockholderStockholders, severally but not and jointly, represents represent and warrants warrant that the Authorized Agent has agreed to act as said agent for service of process, and the Stockholder agreesStockholders agree, severally but not and jointly, to take any and all action, including, without limitation, the filing of any and all documents and instruments, which may be necessary to continue such appointment in full force and effect. Service of process upon the Authorized Agent and written notice of such service to the Stockholder Stockholders shall be deemed, in every respect, effective service of process upon the StockholderStockholders.
Appears in 1 contract
Injunctive Relief; Jurisdiction. The Stockholder and the Company agree that irreparable damage would occur and that Parent 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 Parent shall be entitled to an injunction or injunctions to prevent breaches by the Stockholder or the Company of this Agreement and to enforce specifically the terms and provisions of this Agreement in any court of the United States located in the State of Delaware or in any Delaware state court (collectively, the "Courts"), 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 (i) irrevocably consents to the submission of such party to the personal jurisdiction of the Courts in the event that any dispute arises out of this Agreement or any of the transactions contemplated hereby, (ii) agrees that such party will not attempt to deny or defeat such party to the personal jurisdiction by motion or other request for leave from any of the Courts and (iii) agrees that such party will not bring any action relating to this Agreement or any of the transactions contemplated hereby in any court other the Courts. The Stockholder hereby appoints, and shall give prompt notice of such appointment to, Prickettthe Xxxxxxxx-Xxxx Corporation System, Jones, Xxxxxxx, Xxxxxxx & Xxxxxx, 0000 Xxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, Inc. as its authorized agent (the "Authorized Agent") upon which process may be served in any action based on this Agreement which may be instituted in the Courts by Parent, and the Stockholder and the Company expressly accepts the jurisdiction of any such Court in respect to such action. Such appointment shall be irrevocable. The Stockholder, severally but not jointly, Stockholder represents and warrants that the Authorized Agent has agreed to act as said agent for service of process, and the Stockholder agrees, severally but not jointly, agrees to take any and all action, including, without limitation, the filing of any and all documents and instruments, which may be necessary to continue such appointment in full force and effect. Service of process upon the Authorized Agent and written notice of such service to the Stockholder shall be deemed, in every respect, effective service of process upon the Stockholder.
Appears in 1 contract
Samples: Stock Voting Agreement (Inacom Corp)
Injunctive Relief; Jurisdiction. The Stockholder and the Company agree agrees that irreparable damage would occur and that Parent 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 Parent shall be entitled to an injunction or injunctions to prevent breaches by the Stockholder or the Company of this Agreement and to enforce specifically the terms and provisions of this Agreement in any court of the United States located in the State of Delaware or in any Delaware state court (collectively, the "Courts"), 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 (i) irrevocably consents to the submission of such party to the personal jurisdiction of the Courts in the event that any dispute arises out of this Agreement or any of the transactions contemplated hereby, (ii) agrees that such party will not attempt to deny or defeat such party to the personal jurisdiction by motion or other request for leave from any of the Courts and (iii) agrees that such party will not bring any action relating to this Agreement or any of the transactions contemplated hereby in any court other the Courts. The Stockholder hereby appoints, and shall give prompt notice of such appointment to, Prickett, Jones, Xxxxxxx, Xxxxxxx & Xxxxxx, 0000 Xxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000, CT Corporation System as its his authorized agent (the "Authorized Agent") upon which process may be served in any action based on this Agreement which may be instituted in the Courts by Parent, and the Stockholder and the Company expressly accepts the jurisdiction of any such Court in respect to such action. Such appointment shall be irrevocable. The Stockholder, severally but not jointly, Stockholder represents and warrants that the Authorized Agent has agreed to act as said agent for service of process, and the Stockholder agrees, severally but not jointly, agrees to take any and all action, including, without limitation, the filing of any and all documents and instruments, which may be necessary to continue such appointment in full force and effect. Service of process upon the Authorized Agent and written notice of such service to the Stockholder shall be deemed, in every respect, effective service of process upon the Stockholder.
Appears in 1 contract