Common use of Remedies/Specific Enforcement Clause in Contracts

Remedies/Specific Enforcement. Each of the parties hereto agrees that this Agreement is intended to be legally binding and specifically enforceable pursuant to its terms and that Buyer would be irreparably harmed if any of the provisions of this Agreement are not performed in accordance with its specific terms and that monetary damages would not provide adequate remedy in such event. Accordingly, in the event of any breach or threatened breach by the Shareholder of any covenant or obligation contained in this Agreement, in addition to any other remedy to which Buyer may be entitled (including monetary damages), Buyer shall be entitled to seek injunctive relief to prevent breaches of this Agreement and to specifically enforce the terms and provisions hereof. The Shareholder further agrees that neither Buyer nor any other person or entity shall be required to obtain, furnish or post any bond or similar instrument in connection with or as a condition to obtaining any remedy referred to in this paragraph, and the Shareholder irrevocably waives any right he or she may have to require the obtaining, furnishing or posting of any such bond or similar instrument.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Associated Banc-Corp), Agreement and Plan of Merger (Bank Mutual Corp), Voting and Support Agreement (Bank Mutual Corp)

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Remedies/Specific Enforcement. Each of the parties hereto agrees that this Agreement is intended to be legally binding and specifically enforceable pursuant to its terms and that Buyer the Company or the Seller would be irreparably harmed if any of the provisions of this Agreement are not performed in accordance with its their specific terms and that monetary damages would not provide adequate remedy in such event. Accordingly, in the event of any breach or threatened breach by the Shareholder Director of any covenant or obligation contained in this Agreement, in addition to any other remedy to which Buyer the Company or the Seller may be entitled (including monetary damages), Buyer the Company or the Seller shall be entitled to seek injunctive relief to prevent breaches of this Agreement and to specifically enforce the terms and provisions hereof. The Shareholder Director further agrees that neither Buyer the Company, the Seller nor any other person or entity shall be required to obtain, furnish or post any bond or similar instrument in connection with or as a condition to obtaining any remedy referred to in this paragraph, and the Shareholder Director irrevocably waives any right he or she it may have to require the obtaining, furnishing or posting of any such bond or similar instrument.

Appears in 2 contracts

Samples: Voting Agreement, Voting Agreement (Columbia Banking System Inc)

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Remedies/Specific Enforcement. Each of the parties hereto agrees that this Agreement is intended to be legally binding and specifically enforceable pursuant to its terms and that Buyer the Purchaser would be irreparably harmed if any of the provisions of this Agreement are not performed in accordance with its their specific terms and that monetary damages would not provide adequate remedy in such event. Accordingly, in the event of any breach or threatened breach by the Shareholder Director of any covenant or obligation contained in this Agreement, in addition to any other remedy to which Buyer the Purchaser may be entitled (including monetary damages), Buyer the Purchaser shall be entitled to seek injunctive relief to prevent breaches of this Agreement and to specifically enforce the terms and provisions hereof. The Shareholder Director further agrees that neither Buyer the Purchaser nor any other person or entity shall be required to obtain, furnish or post any bond or similar instrument in connection with or as a condition to obtaining any remedy referred to in this paragraph, and the Shareholder Director irrevocably waives any right he or she it may have to require the obtaining, furnishing or posting of any such bond or similar instrument.

Appears in 1 contract

Samples: Voting and Non Competition Agreement (Columbia Banking System Inc)

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