Common use of Specific Performance and other Equitable Rights Clause in Contracts

Specific Performance and other Equitable Rights. It is recognized and acknowledged that a breach by the Shareholder of any of its obligations contained in this Agreement may cause Pan American to sustain injury for which it would not have an adequate remedy at law for money damages. Accordingly, in the event of any breach or any threat of breach by the Shareholder, Pan American shall be entitled to appropriate equitable relief, including without limitation, specific performance, interlocutory, preliminary and permanent injunctive relief and no undertaking to pay damages nor any bond or security shall be required in connection therewith. Such equitable relief shall be in addition to any other remedies to which Pan American might be entitled in equity or at law for any direct or indirect action or anticipated breach of this Agreement. In any action to enforce this Agreement, Shareholder agrees it will not oppose the granting of such relief on the basis that Pan American has an adequate remedy at law or in damages, and Pan American shall be entitled to recover their reasonable legal fees, court costs and related expenses from the Shareholder. If Pan American seeks injunctive relief or specific performance, the Shareholder agrees that Pan American would suffer irreparable harm should such relief not be granted.

Appears in 15 contracts

Samples: Voting and Support Agreement (Tahoe Resources Inc.), Voting and Support Agreement (Tahoe Resources Inc.), Voting and Support Agreement (Tahoe Resources Inc.)

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