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 and that in any event damages would be an inadequate remedy in this instance. Accordingly, if any party should institute an action or proceeding seeking specific enforcement of the provisions hereof, 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 and shall waive or not assert any requirement to post bond in connection with seeking specific performance.
Appears in 6 contracts
Samples: Merger Agreement (Covest Bancshares Inc), Merger Agreement (Midwest Banc Holdings Inc), Merger Agreement (First Midwest Bancorp Inc)
Specific Enforceability. The parties Each of the Buyer, the Stockholders and the Seller 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 Section 8 of this Agreement and that in any event damages would be an inadequate remedy in this instanceAgreement. Accordingly, if any party should institute an action or proceeding seeking specific enforcement of the provisions hereof, the 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 and shall waive or not assert any requirement to post bond in connection with seeking specific performanceexists.
Appears in 1 contract
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 and that in any event damages would be an inadequate remedy in this instance. Accordingly, if any party should institute an action or proceeding seeking specific enforcement of the provisions hereof, the 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 and shall waive or not assert any requirement to post bond in connection with seeking specific performanceexists.
Appears in 1 contract
Samples: Stock Subscription 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 and that in any event damages would be an inadequate remedy in this instance. Accordingly, if any party should institute an action or proceeding seeking specific enforcement of the provisions hereof, 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 and shall waive or not assert any requirement to post bond in connection with seeking specific performance.
Appears in 1 contract
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 and that in any event damages would be an inadequate remedy in this instanceAgreement. Accordingly, if any party should institute an action or proceeding seeking specific enforcement of the provisions hereof, the 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 and shall waive or not assert any requirement to post bond in connection with seeking specific performanceexists.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Bank of Boston Corp)