Common use of Specific Performance and Remedies Clause in Contracts

Specific Performance and Remedies. Shareholder acknowledges that it will be impossible to measure in money the damage to Acquiror if Shareholder fails to comply with the obligations imposed by this Agreement and that, in the event of any such failure, Acquiror will not have an adequate remedy at law or in equity. Accordingly, Shareholder agrees that injunctive relief or other equitable remedy, in addition to remedies at law or in damages, is the appropriate remedy for any such failure and will not oppose the granting of such relief on the basis that Acquiror may have an adequate remedy at law. Shareholder agrees that Shareholder will not seek, and agrees to waive any requirement for, the securing or posting of a bond in connection with Acquiror’s seeking or obtaining such equitable relief. In addition, after discussing the matter with Shareholder, Acquiror shall have the right to inform any third party that Acquiror reasonably believes to be, or to be contemplating, participating with Shareholder or receiving from Shareholder assistance in violation of this Agreement, of the terms of this Agreement and of the rights of Acquiror hereunder, and that participation by any such persons with Shareholder in activities in violation of Shareholder’s agreement with Acquiror set forth in this Agreement may give rise to claims by Acquiror against such third party.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (MortgageIT Holdings, Inc.)

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Specific Performance and Remedies. Shareholder acknowledges that it will be impossible to measure in money the damage to Acquiror SBBX if Shareholder fails to comply with the obligations imposed by this Agreement and that, in the event of any such failure, Acquiror SBBX will not have an adequate remedy at law or in equity. Accordingly, Shareholder agrees that injunctive relief or other equitable remedy, in addition to remedies at law or in damages, is the appropriate remedy for any such failure and will not oppose the granting of such relief on the basis that Acquiror may have SBBX has an adequate remedy at law. Shareholder agrees that Shareholder will not seek, and agrees to waive any requirement for, the securing or posting of a bond in connection with AcquirorSBBX’s seeking or obtaining such equitable relief. In addition, after discussing the matter with Shareholder, Acquiror SBBX shall have the right to inform any third party that Acquiror SBBX reasonably believes to be, or to be contemplating, participating with Shareholder or receiving from Shareholder assistance in violation of this Agreement, of the terms of this Agreement and of the rights of Acquiror SBBX hereunder, and that participation by any such persons with Shareholder in activities in violation of Shareholder’s agreement with Acquiror SBBX set forth in this Agreement may give rise to claims by Acquiror SBBX against such third party.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Sb One Bancorp)

Specific Performance and Remedies. Shareholder acknowledges that it will be impossible to measure in money the damage to Acquiror Emclaire if Shareholder fails to comply with the obligations imposed by this Agreement and that, in the event of any such failure, Acquiror Emclaire will not have an adequate remedy at law or in equity. Accordingly, Shareholder agrees that injunctive relief or other equitable remedy, in addition to remedies at law or in damages, is the appropriate remedy for any such failure and will not oppose the granting of such relief on the basis that Acquiror may have Emclaire has an adequate remedy at law. Shareholder agrees that Shareholder will not seek, and agrees to waive any requirement for, the securing or posting of a bond in connection with AcquirorEmclaire’s seeking or obtaining such equitable relief. In addition, after discussing the matter with Shareholder, Acquiror Emclaire shall have the right to inform any third party that Acquiror Emclaire reasonably believes to be, or to be contemplating, participating with Shareholder or receiving from Shareholder assistance in violation of this Agreement, of the terms of this Agreement and of the rights of Acquiror Emclaire hereunder, and that participation by any such persons with Shareholder in activities in violation of Shareholder’s agreement with Acquiror Emclaire set forth in this Agreement may give rise to claims by Acquiror Emclaire against such third party.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Emclaire Financial Corp)

Specific Performance and Remedies. Shareholder acknowledges that it will be impossible to measure in money the damage to Acquiror ICG if Shareholder fails to comply with the obligations imposed by this Agreement and that, in the event of any such failure, Acquiror ICG will not have an adequate remedy at law or in equitydamages. Accordingly, Shareholder agrees that injunctive relief or other equitable remedy, in addition to remedies at law or in damages, is the appropriate remedy for any such failure and will not oppose the granting of such relief on the basis that Acquiror may have ICG has an adequate remedy at law. Shareholder agrees that Shareholder it will not seek, and agrees to waive any requirement for, the securing or posting of a bond in connection with Acquiror’s ICG's seeking or obtaining such equitable relief. In addition, after discussing the matter with Shareholder, Acquiror ICG shall have the right to inform any third party that Acquiror ICG reasonably believes to be, or to be contemplating, participating with Shareholder or receiving from Shareholder assistance in violation of this Agreement, of the terms of this Agreement and of the rights of Acquiror ICG hereunder, and that participation by any such persons with Shareholder in activities in violation of Shareholder’s 's agreement with Acquiror ICG set forth in this Agreement may give rise to claims by Acquiror ICG against such third party.

Appears in 1 contract

Samples: Shareholder Agreement (Intellect Capital Group LLC)

Specific Performance and Remedies. Shareholder acknowledges that it --------------------------------- will be impossible to measure in money the damage to Acquiror the Company if Shareholder fails to comply with the obligations imposed by this Agreement and that, in the event of any such failure, Acquiror the Company will not have an adequate remedy at law or in equity. Accordingly, Shareholder agrees that injunctive relief or other equitable remedy, in addition to remedies at law or in damages, is the appropriate remedy for any such failure and will not oppose the granting of such relief on the basis that Acquiror may have the Company has an adequate remedy at law. Shareholder agrees that Shareholder will not seek, and agrees to waive any requirement for, the securing or posting of a bond in connection with Acquiror’s the Company's seeking or obtaining such equitable relief. In addition, after discussing the matter with Shareholder, Acquiror the Company shall have the right to inform any third party that Acquiror the Company reasonably believes to be, or to be contemplating, participating with Shareholder or receiving from Shareholder assistance in violation of this Agreement, of the terms of this Agreement and of the rights of Acquiror the Company hereunder, and that participation by any such persons with Shareholder in activities in violation of Shareholder’s 's agreement with Acquiror the Company set forth in this Agreement may give rise to claims by Acquiror the Company against such third party.

Appears in 1 contract

Samples: Shareholder Agreement (Chester Valley Bancorp Inc)

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Specific Performance and Remedies. Shareholder acknowledges ------------------------------------ that it will be impossible to measure in money the damage to Acquiror ICG if Shareholder fails to comply with the obligations imposed by this Agreement and that, in the event of any such failure, Acquiror ICG will not have an adequate remedy at law or in equitydamages. Accordingly, Shareholder Xxxxxxxxxxx agrees that injunctive relief or other equitable remedy, in addition to remedies at law or in damages, is the appropriate remedy for any such failure and will not oppose the granting of such relief on the basis that Acquiror may have ICG has an adequate remedy at law. Shareholder agrees that Shareholder it will not seek, and agrees to waive any requirement for, the securing or posting of a bond in connection with Acquiror’s ICG's seeking or obtaining such equitable relief. In addition, after discussing the matter with Shareholder, Acquiror ICG shall have the right to inform any third party that Acquiror ICG reasonably believes to be, or to be contemplating, participating with Shareholder or receiving from Shareholder assistance in violation of this Agreement, of the terms of this Agreement and of the rights of Acquiror ICG hereunder, and that participation by any such persons with Shareholder in activities in violation of Shareholder’s 's agreement with Acquiror ICG set forth in this Agreement may give rise to claims by Acquiror ICG against such third party.

Appears in 1 contract

Samples: Shareholder Agreement (Photoloft Com)

Specific Performance and Remedies. Shareholder acknowledges that it will be impossible to measure in money the damage to Acquiror Ion MHC if Shareholder fails to comply with the obligations imposed by this Agreement and that, in the event of any such failure, Acquiror Ion MHC will not have an adequate remedy at law or in equity. Accordingly, Shareholder agrees that injunctive relief or other equitable remedy, in addition to remedies at law or in damages, is the appropriate remedy for any such failure and will not oppose the granting of such relief on the basis that Acquiror may have Ion MHC has an adequate remedy at law. Shareholder agrees that Shareholder will not seek, and agrees to waive any requirement for, the securing or posting of a bond in connection with AcquirorIon MHC’s seeking or obtaining such equitable relief. In addition, after discussing the matter with Shareholder, Acquiror Ion MHC shall have the right to inform any third party that Acquiror Ion MHC reasonably believes to be, or to be contemplating, participating with Shareholder or receiving from Shareholder assistance in violation of this Agreement, of the terms of this Agreement and of the rights of Acquiror Ion MHC hereunder, and that participation by any such persons with Shareholder in activities in violation of Shareholder’s agreement with Acquiror Ion MHC set forth in this Agreement may give rise to claims by Acquiror Ion MHC against such third party.

Appears in 1 contract

Samples: Agreement and Plan of Merger

Specific Performance and Remedies. Shareholder acknowledges that it will be impossible to measure in money the damage to Acquiror CCBI if Shareholder fails to comply with the obligations imposed by this Agreement and that, in the event of any such failure, Acquiror CCBI will not have an adequate remedy at law or in equity. Accordingly, Shareholder agrees that injunctive relief or other equitable remedy, in addition to remedies at law or in damages, is the appropriate remedy for any such failure and will not oppose the granting of such relief on the basis that Acquiror CCBI may have an adequate remedy at law. Shareholder agrees that Shareholder will not seek, and agrees to waive any requirement for, the securing or posting of a bond in connection with AcquirorCCBI’s seeking or obtaining such equitable relief. In addition, after discussing the matter with Shareholder, Acquiror CCBI shall have the right to inform any third party that Acquiror CCBI reasonably believes to be, or to be contemplating, participating with Shareholder or receiving from Shareholder assistance in violation of this Agreement, of the terms of this Agreement and of the rights of Acquiror CCBI hereunder, and that participation by any such persons with Shareholder in activities in violation of Shareholder’s agreement with Acquiror CCBI set forth in this Agreement may give rise to claims by Acquiror CCBI against such third party.

Appears in 1 contract

Samples: Calnet Shareholder Agreement (Commercial Capital Bancorp Inc)

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