Rights to Specific Performance. The Parties agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed by the Company or the Principal Stockholders in accordance with their specific terms or were otherwise breached. Accordingly, Parent, Merger Sub, the Surviving Corporation and the Company shall be entitled to seek an injunction or injunctions, without the posting of any bond, to prevent breaches of this Agreement by the Company and the Principal Stockholders, as applicable, and to enforce specifically the terms and provisions of this Agreement, in addition to any other remedy to which Parent, Merger Sub, the Surviving Corporation, or the Company is entitled at law or in equity.
Rights to Specific Performance. Agent absolutely, irrevocably and unconditionally hereby is authorized to demand, receive and obtain specific performance of this Agreement at any time when Trustee has failed to comply with any of the provisions of this Agreement. Trustee absolutely, irrevocably and unconditionally hereby waives and relinquishes any defense based on the adequacy of a remedy at law which might be asserted as a bar to such remedy of specific performance.
Rights to Specific Performance. 67 12.15 Actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .68 12.16 Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .68 12.17 Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .68 12.18 Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .68 INDEX OF DEFINED TERMS
Rights to Specific Performance. Parents acknowledge that the unique nature of the transactions contemplated hereby renders money damages an inadequate remedy for the breach by Parents of their obligations under this Agreement, and Parents agree that in the event of such breach, Buyer will, upon proper action instituted by it, be entitled to a decree of specific performance of this Agreement in lieu of any monetary damages for such breach.
Rights to Specific Performance. Each of the Kellxxxxx Xxxemnified Parties shall have, and may exercise, in addition to all other rights, privileges, or remedies available to it under this Guaranty and by law, the specific rights and remedies, exercisable by it in its discretion, to sue xxx and obtain specific performance by the Guarantor of the Guarantor's covenants and agreements set forth herein, all at the cost and expense of the Guarantor.
Rights to Specific Performance. Each of the ------------------------------ undersigned acknowledges and agrees that each of the parties hereto is entering into this Agreement in reliance on the agreements, obligations and covenants made herein by the other parties hereto, and that any failure or delay in specific performance of those agreements, obligations, and covenants would result in irreparable harm to the other parties hereto. Each of the undersigned agrees that if any of the undersigned defaults in the performance of its or their obligations under this Agreement, the other parties hereto shall be entitled, in addition to any other remedies that they may have, to enforce this Agreement by injunctive relief (including a temporary restraining order or preliminary injunction) or an order or judgment of specific performance in a court of competent jurisdiction requiring the defaulting party to perform its obligations under this agreement.
Rights to Specific Performance. 48 Section 12.02
Rights to Specific Performance. In view of the purposes of this Agreement, the parties hereto acknowledge that in the event of a breach of any term or condition of this Agreement the remedy at law would be inadequate. Accordingly, in such event, the injured party or parties, at his, her, its or their option, shall have the right to compel the specific performance of this Agreement in a court of competent jurisdiction; provided, however, that this right shall not be deemed to preclude an injured party or parties from pursuing any other remedy that may be available at law or in equity.
Rights to Specific Performance. Each of the parties acknowledges that, in the event of a violation of the provisions of this Agreement, the remedies of the parties hereto at law may be inadequate and either party may, as a result of such violation, suffer irreparable harm and, accordingly, the parties hereto shall have the right to obtain specific performance, or to enjoin violations hereof, in a court of competent jurisdiction, and the prevailing party in any action in which injunctive relief or specific performance shall be granted shall be entitled to recover all reasonable costs and expenses of such party in such action including a reasonable sum for attorneys' fees.
Rights to Specific Performance. 30 12.15 Actions.................................................................... 30 12.16 Terms...................................................................... 30 12.17 Construction............................................................... 31 12.18 Buyer Stockholder Approval of Certain Matters.............................. 31 12.19 Transfers of Series B Preferred Shares..................................... 31 Schedule 1.26 Office Locations Schedule 1.30 Indebtedness for Borrowed Money Schedule 2.1 Assets Schedule 2.3 Liabilities Schedule 4.2 Allocation of Purchase Price Schedule 5.1.3 Seller Violations and Conflicts Schedule 5.1.4(a) Licenses; Actions Schedule 5.1.5 Existing Liens Schedule 5.1.6 Tax Audits and Waivers Schedule 5.1.7 Litigation Schedule 5.1.10 Variations from GAAP on Financial Statements Schedule 5.1.11 Real Property; Exceptions to Title Schedule 5.1.14 Contracts Schedule 5.1.15 Transferability of Contract Rights Schedule 5.1.16 Personnel Benefits; Bonuses Schedule 5.1.18 Transactions with Affiliates Schedule 5.2.7 Metrocall Common Stock Available for Issuance Schedule 12.1 Brokers Schedule 12.18 Stockholders Agreeing to Vote in Favor of Stockholder Proposals EXHIBITS
