Common use of Remedies Cumulative; Specific Performance Clause in Contracts

Remedies Cumulative; Specific Performance. The rights and remedies of the Parties hereto shall be cumulative (and not alternative). The Parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement, for the benefit of any other party to this Agreement: (a) such other party shall be entitled (in addition to any other remedy at law or in equity that may be available to it) to seek: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such other party shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.

Appears in 3 contracts

Samples: Membership Interest Purchase Agreement (Cleanspark, Inc.), Stock Purchase Agreement (Cleanspark, Inc.), Stock Purchase Agreement (Concierge Technologies Inc)

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Remedies Cumulative; Specific Performance. The rights and remedies of the Parties parties hereto shall be cumulative (and not alternative). The Parties parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement, for the benefit of any other party to this Agreement: (a) such other party shall be entitled (in addition to any other remedy at law or in equity that may be available to it) to seek: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; , and (ii) an injunction restraining such breach or threatened breach; and (b) such other party shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.

Appears in 3 contracts

Samples: Agreement and Plan of Merger and Reorganization (Siebel Systems Inc), Escrow Agreement (Siebel Systems Inc), Share Purchase Agreement (Siebel Systems Inc)

Remedies Cumulative; Specific Performance. The Except as expressly set forth herein (including Section 9.3, which shall exclusively control on the topic of remedies following Closing), the rights and remedies of the Parties parties hereto shall be cumulative (and not alternative). The Parties parties to this Agreement agree that, in the event of any breach or threatened breach by any a party to this Agreement of any covenant, obligation or other provision set forth in this Agreement, for the benefit of any other party to this Agreement: (a) such the other party parties shall be entitled (in addition to any other remedy at law or in equity that may be available to it) to seekto: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such the other party parties shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Under Armour, Inc.), Agreement and Plan of Merger (Under Armour, Inc.)

Remedies Cumulative; Specific Performance. The rights and remedies of the Parties hereto shall be cumulative (and not alternative). The Parties to this Agreement agree that, in the event of any breach actual or threatened breach or failure to comply by any party to this Agreement Party hereto of or with any covenant, obligation or other provision set forth in this Agreement, for the benefit of any other party to this Agreement: (a) such any other party Party shall be entitled entitled, without any proof of actual damages (and in addition to any other remedy at law or in equity that may be available to it) to seeksuch other Party ), to: (i) a decree demand, or order of seek an Order of, specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; provision and (ii) seek an injunction restraining such actual or threatened breach or threatened breachfailure; and (b) such other party Party shall not be required to provide any bond or other security in connection with any such decreedemand, order Order or injunction or in connection with any related action or Legal Proceedinglegal proceeding.

Appears in 2 contracts

Samples: Shareholders Agreement (Terex Corp), Stock and Asset Purchase Agreement

Remedies Cumulative; Specific Performance. The rights and remedies of the Parties hereto shall be cumulative (and not alternative). The Parties to this Agreement agree that, in the event of any breach or threatened breach by any party Party to this Agreement of any covenant, obligation or other provision set forth in this Agreement, for the benefit of any other party Party to this Agreement: (a) such other party Party shall be entitled (in addition to any other remedy at law or in equity that may be available to it) to seekto: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such other party Party shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.

Appears in 2 contracts

Samples: Share Purchase Agreement (Trillium Therapeutics Inc.), Royalty Agreement (Trillium Therapeutics Inc.)

Remedies Cumulative; Specific Performance. The rights and remedies of the Parties parties hereto under this Agreement shall be cumulative (and not alternative). The Parties parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement, for the benefit of any other party to this Agreement: (a) such other party shall be entitled (in addition to any other remedy at law or in equity that may be available to it) to seekto: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such other party shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.

Appears in 2 contracts

Samples: Stock Purchase Agreement, Stock Purchase Agreement (OMNICELL, Inc)

Remedies Cumulative; Specific Performance. The rights and remedies of the Parties parties hereto shall be cumulative (and not alternative). The Parties to this Agreement parties hereto agree that, in the event of any breach actual or threatened breach or failure to comply by any party to this Agreement hereto of or with any covenant, obligation or other provision set forth in this Agreement, for the benefit of any other party to this Agreement: (a) such any other party hereto shall be entitled entitled, without any proof of actual damages (and in addition to any other remedy at law or in equity that may be available to it) to seeksuch other party hereto), to: (i) a decree demand, or order of seek an Order of, specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; provision and (ii) seek an injunction restraining such actual or threatened breach or threatened breachfailure; and (b) such other party hereto shall not be required to provide any bond or other security in connection with any such decreedemand, order Order or injunction or in connection with any related action or Legal Proceedinglegal proceeding.

Appears in 2 contracts

Samples: Business Combination Agreement and Plan of Merger (Terex Corp), Business Combination Agreement and Plan of Merger

Remedies Cumulative; Specific Performance. The Except as expressly set forth in this Agreement, the rights and remedies of the Parties parties hereto shall be cumulative (and not alternative). The Parties parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement, for the benefit of any other party to this Agreement: (a) such other the non-breaching party shall be entitled entitled, without any proof of actual damages (and in addition to any other remedy at law or in equity that may be available to it) to seekto: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such other the non-breaching party shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.

Appears in 2 contracts

Samples: Unit Purchase Agreement (McorpCX, Inc.), Unit Purchase Agreement (Northrim Bancorp Inc)

Remedies Cumulative; Specific Performance. The Except as expressly set forth in this Agreement, the rights and remedies of the Parties parties hereto shall be cumulative (and not alternative). The Parties parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement hereto of any covenant, obligation or other provision set forth in this Agreement, for the benefit of any other party to this Agreement: (a) such other each party hereto shall be entitled entitled, without any proof of actual damages (and in addition to any other remedy at law or in equity that may be available to it) to seekto: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such other party shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.. 11.12

Appears in 1 contract

Samples: Share Purchase Agreement (Tenable Holdings, Inc.)

Remedies Cumulative; Specific Performance. The rights and remedies of the Parties parties hereto shall be cumulative (and not alternative). The Parties to this Agreement agree Each party hereto agrees that, : (a) in the event of any breach Breach or threatened breach Breach by any the other party to this Agreement hereto of any covenant, obligation or other provision set forth in this AgreementAgreement or the Transactional Agreements, for the benefit of any other party to this Agreement: (a) such other party hereto shall be entitled (in addition to any other remedy at law or in equity that may be available to it) to seek: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; , and (ii) an injunction restraining such breach Breach or threatened breachBreach; and (b) neither such party nor any other party Indemnitee shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.

Appears in 1 contract

Samples: Asset Purchase Agreement (Actionpoint Inc)

Remedies Cumulative; Specific Performance. The Except as expressly set forth in this Agreement, the rights and remedies of the Parties parties hereto shall be cumulative (and not alternative). The Parties parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement, for the benefit of any other party to this Agreement: (a) such other party each of the parties hereto shall be entitled entitled, without any proof of actual damages (and in addition to any other remedy at law or in equity that may be available to it) to seekto: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such other party shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Autodesk Inc)

Remedies Cumulative; Specific Performance. The Except as otherwise provided herein, and not in limitation of any remedies available under applicable law, the rights and remedies of the Parties parties hereto shall be cumulative (and not alternative). The Parties to this Agreement agree Each of the parties agrees that, : (a) in the event of any breach Breach or threatened breach Breach by any a party to this Agreement of any covenant, obligation or other provision set forth in this Agreement, for the benefit of any other party to this Agreement: (a) such other party or parties shall be entitled (in addition to any other remedy at law or in equity that may be available to itit under the Agreement) to seek: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; , and (ii) an injunction restraining such breach Breach or threatened breachBreach; and (b) such other party neither Verio, on the one hand, nor the Shareholders, on the other, shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.. 11.11

Appears in 1 contract

Samples: Agreement and Plan of Merger (Verio Inc)

Remedies Cumulative; Specific Performance. The Except as set forth in Section 5.7, (i) the rights and remedies of the Parties parties hereto shall be cumulative (and not alternative). The Parties to this Agreement , and (ii) the parties hereto agree that, : (a) in the event of any breach Breach or threatened breach Breach by any party to this Agreement hereto of any covenant, obligation or other provision set forth in this Agreement, for the benefit of any other party to this Agreement: (a) such other party shall be entitled (in addition to any other remedy at law or in equity that may be available to it) to seek: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; , and (ii) an injunction restraining such breach Breach or threatened breachBreach; and (b) neither such other party nor any other Indemnitee shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Cord Blood America, Inc.)

Remedies Cumulative; Specific Performance. The rights and remedies of the Parties parties hereto shall be cumulative (and not alternative). The Parties parties to this Agreement agree that, in the event of any breach or threatened that a breach by any party to this Agreement of any covenant, obligation or other provision set forth in this AgreementAgreement would cause irreparable harm, for and that in the benefit event of any other party to breach or threatened breach of this Agreement: (a) such the other party shall be entitled entitled, without proof of actual damages and without being required to prove that money damages are an inadequate remedy (in addition to any other remedy at law or in equity that may be available to it) to seek: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; provision and (ii) an injunction restraining such breach or threatened breach; and (b) such the other party shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action action, suit or Legal Proceedingother legal proceeding.

Appears in 1 contract

Samples: Share Purchase Agreement (Tenable Holdings, Inc.)

Remedies Cumulative; Specific Performance. The Except as expressly set forth in this Agreement, the rights and remedies of the Parties parties hereto shall be cumulative (and not alternative). The Parties parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement hereto of any covenant, obligation or other provision set forth in this Agreement, for the benefit of any other party to this Agreement: (a) such each other party hereto shall be entitled entitled, without any proof of actual damages (and in addition to any other remedy at law or in equity that may be available to it) to seekto: (i) a decree or order an Order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such other no party shall not be required to provide any bond or other security in connection with any such decree, order or injunction Order or in connection with any related action or Legal Proceeding.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Myriad Genetics Inc)

Remedies Cumulative; Specific Performance. The Subject to the terms of Section 5.3(d), the rights and remedies of the Parties parties hereto shall be cumulative (and not alternative). The Parties parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of [***] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 406 of the Securities Act of 1933, as amended. any covenant, obligation or other provision set forth in this Agreement, for the benefit of any other party to this Agreement: (a) such other party shall be entitled (in addition to any other remedy at law or in equity that may be available to it) to seekto: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such other party shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Instructure Inc)

Remedies Cumulative; Specific Performance. The rights and remedies of the Parties hereto shall be cumulative (and not alternative). The Parties to this Agreement agree that, in the event of any breach or threatened breach by any party either Party to this Agreement of any covenant, obligation or other provision set forth in this Agreement, for the benefit of any the other party Party to this Agreement: (a) such other party Party shall be entitled (in addition to any other remedy at law or in equity that may be available to it) to seekto: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such other party Party shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceedinglegal proceeding.

Appears in 1 contract

Samples: License Agreement (iBio, Inc.)

Remedies Cumulative; Specific Performance. The rights and remedies of the Parties parties hereto shall be cumulative (and not alternative). The Parties parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement, for the benefit of any other [****] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. party to this Agreement: (a) such other party shall be entitled (in addition to any other remedy at law or in equity that may be available to it) to seek: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such other party shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.

Appears in 1 contract

Samples: Securities Purchase Agreement (Biomarin Pharmaceutical Inc)

Remedies Cumulative; Specific Performance. The rights and remedies of the Parties parties hereto shall be cumulative (and not alternative). The Parties parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement, for the benefit of any other party to this Agreement: (a) such the other party parties shall be entitled entitled, without proof of actual damages, and without being required to prove that money damages are an inadequate remedy (in addition to any other remedy at law or in equity that may be available to itthem, but subject to the provisions of Section 10.11) to seek: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; provision and (ii) an injunction restraining such breach or threatened breach; and (b) such the other party parties shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action action, suit or Legal Proceedingother legal proceeding.

Appears in 1 contract

Samples: Membership Interest Purchase Agreement (American Public Education Inc)

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Remedies Cumulative; Specific Performance. The rights and remedies of the Parties parties hereto shall be cumulative (and not alternative). The Parties parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement, for the benefit of any other party to this Agreement: (a) such other party shall be entitled (in addition to any other remedy at law or in equity that may be available to it) to seekto: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such other party shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding; provided, however, that nothing in this Section 8.9 shall be construed to create a right or remedy that would result in the violation of a fiduciary duty by a director or officer of the Company.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Newlink Genetics Corp)

Remedies Cumulative; Specific Performance. The rights and remedies of the Parties parties hereto shall be cumulative (and not alternative). The Parties to this Agreement agree Each party agrees that, except to the extent prohibited by the Bankruptcy Court or the U.S. Bankruptcy Code: (a) in the event of any breach Breach or threatened breach Breach by any such party to this Agreement of any covenant, obligation or other provision set forth in this Agreement, for the benefit of any other party to this Agreement: (a) such other party shall be entitled (in addition to any other remedy at law or in equity that may be available to it) to seek: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; , and (ii) an injunction restraining such breach Breach or threatened breachBreach; and (b) such other the non–breaching party shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.

Appears in 1 contract

Samples: Asset Purchase and License Agreement (Restoragen Inc)

Remedies Cumulative; Specific Performance. The Except as expressly set forth in this Agreement, the rights and remedies of the Parties parties hereto shall be cumulative (and not alternative). The Parties parties to this Agreement agree that, in the event of any breach or threatened breach by any a party to this Agreement of any covenant, obligation or other provision set forth in this Agreement, for the benefit of any other party to this Agreement: (a) such the other party parties shall be entitled entitled, without proof of actual damages and without being required to prove that money damages are an inadequate remedy (in addition to any other remedy at law or in equity that may be available to it) to seekto: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such the other party parties shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Indie Semiconductor, Inc.)

Remedies Cumulative; Specific Performance. The Except as set forth in Section 9.8, (i) the rights and remedies of the Parties parties hereto shall be cumulative (and not alternative). The Parties to this Agreement , and (ii) the parties hereto agree that, : (a) in the event of any breach Breach or threatened breach Breach by any party to this Agreement hereto of any covenant, obligation or other provision set forth in this Agreement, for the benefit of any other party to this Agreement: (a) such other party shall be entitled (in addition to any other remedy at law or in equity that may be available to it) to seek: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; , and (ii) an injunction restraining such breach Breach or threatened breachBreach; and (b) neither such other party nor any other Indemnitee shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.

Appears in 1 contract

Samples: Asset Purchase Agreement (Pc Tel Inc)

Remedies Cumulative; Specific Performance. The rights and remedies of the Parties parties hereto shall be cumulative (and not alternative); provided, however, that the right of the Indemnitees to indemnity pursuant to Section 7 hereof shall be the sole remedy of the Indemnitees for inaccuracies in the representations and warranties set forth in Sections 2 and 3 (other than in the case of fraud or intentional misrepresentation). The Parties parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement, Agreement for the benefit of any other party to this Agreement: (a) , such other party shall be entitled (in addition to any other remedy at law or in equity that may be available to it) to seek: (ia) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; , and (ii) an b)an injunction restraining such breach or threatened breach; and (b) such other party shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.

Appears in 1 contract

Samples: Agreement and Plan of Merger and Reorganization (Digitalthink Inc)

Remedies Cumulative; Specific Performance. The Except as set forth in Section 12, the rights and remedies of the Parties parties hereto shall be cumulative (and not alternative). The Parties parties to this Agreement agree that, in the event of any breach Breach or threatened breach Breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement, Agreement for the benefit of any other party to this Agreement: (a) , such other party shall be entitled (in addition to any other remedy at law or in equity that may be available to itit under the terms hereof) to seek: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; , and (ii) an injunction restraining such breach Breach or threatened breach; Breach, and (b) such other that no party shall not be required to provide any bond or other security in connection with any such decree, order Order or injunction or in connection with any related action or Legal Proceeding.

Appears in 1 contract

Samples: Agreement and Plan of Merger And (Metron Technology N V)

Remedies Cumulative; Specific Performance. The rights and remedies of the Parties parties hereto shall be cumulative (and not alternative). The Parties parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, agreement, obligation or other provision set forth in this Agreement, for the benefit of any other party to this Agreement: (a) such other party shall be entitled (in addition to any other remedy at law or in equity that may be available to it) to seekto: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, agreement, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such other party shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Sorrento Therapeutics, Inc.)

Remedies Cumulative; Specific Performance. The Except as expressly set forth in this Agreement, the rights and remedies of the Parties parties hereto shall be cumulative (and not alternative). The Parties parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement the Company or the Securityholders’ Agent of any covenant, obligation or other provision set forth in this Agreement, for the benefit of any other party to this Agreement: (a) such other party each of the Company and Parent shall be entitled entitled, without any proof of actual damages (and in addition to any other remedy at law or in equity that may be available to it) to seekto: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such other party neither the Company nor Parent shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.

Appears in 1 contract

Samples: Agreement and Plan of Mergers (Splunk Inc)

Remedies Cumulative; Specific Performance. The Except as otherwise set forth in this Agreement, the rights and remedies of the Parties parties hereto shall be cumulative (and not alternative). The Parties parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement, Agreement for the benefit of any other party to this Agreement: (a) , such other party shall be entitled (in addition to any other remedy at law or in equity that may be available to it) to seek: (ia) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; , and (iib) an injunction restraining such breach or threatened breach; and (b) such other . The parties agree that no party shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Quest Software Inc)

Remedies Cumulative; Specific Performance. The rights and remedies of the Parties parties hereto shall be cumulative (and not alternative). The Parties parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement, for the benefit of any other party to this Agreement: (a) such other party shall be entitled (in addition to any other remedy at law or in equity that may be available to it) to seekto: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such other party shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.

Appears in 1 contract

Samples: Agreement of Investment and Merger (Techne Corp /Mn/)

Remedies Cumulative; Specific Performance. The rights and remedies of the Parties parties hereto shall be cumulative (and not alternative). The Parties to this Agreement agree Each party agrees that, except to the extent prohibited by the Bankruptcy Court or the U.S. Bankruptcy Code: (a) in the event of any breach Breach or threatened breach Breach by any such party to this Agreement of any covenant, obligation or other provision set forth in this Agreement, for the benefit of any other party to this Agreement: (a) such other party shall be entitled (in addition to any other remedy at law or in equity that may be available to it) to seek: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; provision and (ii) an injunction restraining such breach Breach or threatened breachBreach; and (b) such other the non-breaching party shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.

Appears in 1 contract

Samples: Asset Purchase and License Agreement (Restoragen Inc)

Remedies Cumulative; Specific Performance. The rights and remedies of the Parties parties hereto shall be cumulative (and not alternative). The Parties Subject to Section 6.3(g), the parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement, for the benefit of any other party to this Agreement: (a) such other party shall be entitled (in addition to any other remedy at law or in equity that may be available to it) to seekto: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such other party shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.

Appears in 1 contract

Samples: Agreement and Plan of Merger (inContact, Inc.)

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