Common use of Specific Enforceability Clause in Contracts

Specific Enforceability. The parties recognize and hereby acknowledge that it is impossible to measure in money the damages that would result to a party by reason of the failure of either of the parties to perform any of the obligations imposed on it by this Agreement. Accordingly, if any party should institute an action or proceeding seeking specific enforcement of the provisions hereof, each party against which such action or proceeding is brought hereby waives the claim or defense that the party instituting such action or proceeding has an adequate remedy at law and hereby agrees not to assert in any such action or proceeding the claim or defense that such a remedy at law exists.

Appears in 7 contracts

Samples: Merger Agreement (Boston Bancorp), Reorganization Agreement (Vermont Financial Services Corp), Acquisition Agreement (Ust Corp /Ma/)

AutoNDA by SimpleDocs

Specific Enforceability. The parties Parties recognize and hereby acknowledge that it is impossible to measure in money the damages that would result to a party Party by reason of the failure of either any of the parties Parties to perform any of the obligations imposed on it by this Agreement. Accordingly, if any party Party should institute an action or proceeding seeking specific enforcement of the provisions hereof, each party Party against which such action or proceeding is brought hereby waives the claim or defense that the party Party instituting such action or proceeding has an adequate remedy at law and hereby agrees not to assert in any such action or proceeding the claim or defense that such a remedy at law exists.

Appears in 3 contracts

Samples: Merger Agreement (Roberts Realty Investors Inc), Merger Agreement (Commodore Environmental Services Inc /De/), Merger Agreement (Lanxide Corp)

Specific Enforceability. The parties recognize and hereby acknowledge that it is impossible to measure in money the damages that would result to a party by reason of the failure of either of the parties other party to perform any of the obligations imposed on it by this Agreement. Accordingly, if any either party should institute an action or proceeding seeking specific enforcement of the provisions hereof, each the party against which such action or proceeding is brought hereby waives the claim or defense that the party instituting such action or proceeding has an adequate remedy at law and hereby agrees not to assert in any such action or proceeding the claim or defense that such a remedy at law exists.

Appears in 1 contract

Samples: Stock Purchase Agreement (Affiliated Community Bancorp Inc)

Specific Enforceability. The parties recognize and hereby acknowledge that it is impossible to measure in money the damages that would result to a party by reason of the failure of either any of the parties to perform any of the obligations imposed on it by this Agreement. Accordingly, if any party should institute an action or proceeding seeking specific enforcement of the provisions hereof, each party against which such action or proceeding is brought hereby waives the claim or defense that the party instituting such action or proceeding has an adequate remedy at law and hereby agrees not to assert in any such action or proceeding the claim or defense that such a remedy at law exists.

Appears in 1 contract

Samples: Merger Agreement (Bank of Boston Corp)

Specific Enforceability. The parties hereto recognize and hereby acknowledge that it is impossible to measure in money the damages that would result to a party by reason of the failure of either of the parties to perform any of the obligations imposed on it by this Agreement. Accordingly, if any party should institute an action or proceeding seeking specific enforcement of the provisions hereof, each party against which such action or proceeding is brought hereby waives the claim or defense that the party instituting such action or proceeding has an adequate remedy at law and hereby agrees not to assert in any such action or proceeding the claim or defense that such a remedy at law exists.

Appears in 1 contract

Samples: Stock Purchase Agreement (Community First Bankshares Inc)

AutoNDA by SimpleDocs

Specific Enforceability. The parties recognize and hereby acknowledge that it is impossible to measure in money the damages that would result to a party by reason of the failure of either of the parties to perform any of the obligations imposed on it by this Agreement. Accordingly, if any party should institute an action or proceeding seeking specific enforcement of the provisions hereof, each party against which such action or proceeding is brought hereby waives the claim or defense that the party instituting such action or proceeding has an adequate remedy at law and hereby agrees agreed not to assert in any such action or proceeding the claim or defense that such a remedy at law exists.

Appears in 1 contract

Samples: Loan Purchase Agreement (First Ipswich Bancorp /Ma)

Specific Enforceability. The parties Parties recognize and hereby acknowledge that it is impossible to measure in money the damages that would result to a party Party by reason of the failure of either any of the parties Parties to perform any of the obligations imposed on it by this Agreement. Accordingly, if after the Stockholders' Meeting any party Party should institute an action or proceeding seeking specific enforcement of the provisions hereofof this Agreement, each party Party against which such action or proceeding is brought hereby waives the claim or defense that the party Party instituting such action or proceeding has an adequate remedy at law and hereby agrees not to assert in any such action or proceeding the claim or defense that such a remedy at law exists.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (Nationsbank Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!