Common use of Specific Performance; Enforcement Clause in Contracts

Specific Performance; Enforcement. Each of the parties hereto recognizes and acknowledges that a breach by it of any covenants or agreements contained in this Agreement will cause the other party to sustain damages for which it would not have an adequate remedy at law for money damages, and therefore, each of the parties hereto agrees that in the event of any such breach the aggrieved party shall be entitled to the remedy of specific performance of such covenants and agreements and injunctive and other equitable relief in addition to any other remedy to which it may be entitled, at law or in equity. The parties agree that they shall be entitled to enforce specifically the terms and provisions of this Agreement in the courts of the State of New York and any Federal court, sitting in the state of New York, this being in addition to any other remedy to which they are entitled at law or in equity. In addition, each of the parties hereto (i) consents to submit such party to the personal jurisdiction of any Federal court located in the State of New York or any New York state court in the event any dispute arises out of this Agreement or any of the transactions contemplated hereby, (ii) agrees that such party will not attempt to deny or defeat such personal jurisdiction by motion or other request for leave from any such court, (iii) agrees that such party will not bring any action relating to this Agreement or the transactions contemplated hereby in any court other than a Federal court sitting in the state of New York or a New York state court and (iv) waives any right to trial by jury with respect to any claim or proceeding related to or arising out of this Agreement or any of the transactions contemplated hereby.

Appears in 14 contracts

Samples: Consent Agreement (American Media Operations Inc), Consent Agreement (American Media Operations Inc), Waiver and Consent Agreement (American Media Operations Inc)

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Specific Performance; Enforcement. Each of the parties hereto recognizes and acknowledges that a breach by it of any covenants or agreements contained in this Agreement will may cause the other party to sustain damages for which it would not have an adequate remedy at law for money damages, and therefore, each of the parties hereto agrees that in the event of any such breach the aggrieved party shall be entitled to seek the remedy of specific performance of such covenants and agreements and injunctive and other equitable relief in addition to any other remedy to which it may be entitled, entitled at law or in equity. The parties agree that they shall be entitled to enforce specifically the terms and provisions of this Agreement in the courts of the State of New York and any Federal court, sitting in the state of New York, this being in addition to any other remedy to which they are may entitled at law or in equity. In addition, each of the parties hereto (i) consents agrees that any action related to submit such party to the personal jurisdiction of any Federal court located in the State of New York or any New York state court in the event any dispute arises arising out of this Agreement or any of the transactions contemplated herebyhereby shall be brought in the Court of Chancery of the State of Delaware, unless the Court of Chancery of the State of Delaware does not have subject matter jurisdiction over the action, in which case, any action related to or arising out of this Agreement or any of the transactions contemplated hereby shall be brought in the Superior Court of the State of Delaware or the United States District Court for the District of Delaware, (ii) consents to the personal jurisdiction of each of the courts listed in subsection (i) hereof in the event any action related to or arising out of this Agreement or any of the transactions contemplated hereby is brought, (iii) agrees that such party will not attempt to deny or defeat such personal jurisdiction by motion or other request for leave from any such court, (iiiiv) agrees that such party will not bring consents to service of process in the manner set forth in Section 4(e) of this Agreement in connection with any action relating related to or arising out of this Agreement or any of the transactions contemplated hereby in any court other than a Federal court sitting in the state of New York or a New York state court and (ivv) waives any right to trial by jury with respect to in any claim or proceeding action related to or arising out of this Agreement or any of the transactions contemplated hereby.

Appears in 2 contracts

Samples: Credit Agreement (Cadiz Inc), Form of Note Exchange Agreement (Cadiz Inc)

Specific Performance; Enforcement. Each of the parties hereto recognizes and acknowledges that a breach by it of any covenants or agreements contained in this Agreement will cause the other party to sustain damages for which it would not have an adequate remedy at law for money damages, and therefore, each of the parties hereto agrees that in the event of any such breach the aggrieved party shall be entitled to the remedy of specific performance of such covenants and agreements and injunctive and other equitable relief in addition to any other remedy to which it may be entitled, at law or in equity. The parties agree that they shall be entitled to enforce specifically the terms and provisions of this Agreement in the courts of the State of New York Delaware and any Federal court, sitting in the state of New YorkDelaware, this being in addition to any other remedy to which they are entitled at law or in equity. In addition, each of the parties hereto (i) consents to submit such party to the personal jurisdiction of any Federal court located in the State of New York Delaware or any New York Delaware state court in the event any dispute arises out of this Agreement or any of the transactions contemplated hereby, (ii) agrees that such party will not attempt to deny or defeat such personal jurisdiction by motion or other request for leave from any such court, (iii) agrees that such party will not bring any action relating to this Agreement or the transactions contemplated hereby in any court other than a Federal court sitting in the state of New York Delaware or a New York Delaware state court and (iv) waives any right to trial by jury with respect to any claim or proceeding related to or arising out of this Agreement or any of the transactions contemplated hereby.

Appears in 2 contracts

Samples: Voting Agreement (Fortune Brands Inc), Voting Agreement (Heinz H J Co)

Specific Performance; Enforcement. Each of the parties hereto recognizes and acknowledges that a breach by it of any covenants or agreements contained in this Agreement will cause the other party to sustain damages for which it would not have an adequate remedy at law for money damages, and therefore, each of the parties hereto agrees that in the event of any such breach the aggrieved party shall be entitled to the remedy of specific performance of such covenants and agreements and injunctive and other equitable relief in addition to any other remedy to which it may be entitled, entitled at law or in equity. The parties agree that they shall be entitled to enforce specifically the terms and provisions of this Agreement in the courts of the State of New York and any Federal court, sitting in the state of New York, this being in addition to any other remedy to which they are may entitled at law or in equity. In addition, each of the parties hereto (i) consents agrees that any action related to submit such party to the personal jurisdiction of any Federal court located in the State of New York or any New York state court in the event any dispute arises arising out of this Agreement or any of the transactions contemplated herebyhereby shall be brought in the Court of Chancery of the State of Delaware, unless the Court of Chancery of the State of Delaware does not have subject matter jurisdiction over the action, in which case, any action related to or arising out of this Agreement or any of the transactions contemplated hereby shall be brought in the Superior Court of the State of Delaware or the United States District Court for the District of Delaware, (ii) consents to the personal jurisdiction of each of the courts listed in subsection (i) hereof in the event any action related to or arising out of this Agreement or any of the transactions contemplated hereby is brought, (iii) agrees that such party will not attempt to deny or defeat such personal jurisdiction by motion or other request for leave from any such court, (iiiiv) agrees that such party will not bring consents to service of process in the manner set forth in paragraph 4(d) of this Agreement in connection with any action relating related to or arising out of this Agreement or any of the transactions contemplated hereby in any court other than a Federal court sitting in the state of New York or a New York state court and (ivv) waives any right to trial by jury with respect to in any claim or proceeding action related to or arising out of this Agreement or any of the transactions contemplated hereby.

Appears in 1 contract

Samples: Note Exchange Agreement (Primus Telecommunications Group Inc)

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Specific Performance; Enforcement. Each of the parties hereto recognizes and acknowledges that a breach by it of any covenants or agreements contained in this Agreement will cause the other party to sustain damages for which it would not have an adequate remedy at law for money damages, and therefore, each of the parties hereto agrees that in the event of any such breach the aggrieved party shall be entitled to the remedy of specific performance of such covenants and agreements and injunctive and other equitable relief in addition to any other remedy to which it may be entitled, entitled at law or in equity. The parties agree that they shall be entitled to enforce specifically the terms and provisions of this Agreement in the courts of the State of New York and any Federal court, sitting in the state of New York, this being in addition to any other remedy to which they are may entitled at law or in equity. In addition, each of the parties hereto (i) consents agrees that any action related to submit such party to the personal jurisdiction of any Federal court located in the State of New York or any New York state court in the event any dispute arises arising out of this Agreement or any of the transactions contemplated herebyhereby shall be brought in the Court of Chancery of the State of Delaware, unless the Court of Chancery of the State of Delaware does not have subject matter jurisdiction over the action, in which case, any action related to or arising out of this Agreement or any of the transactions contemplated hereby shall be brought in the Superior Court of the State of Delaware or the United States District Court for the District of Delaware, (ii) consents to the personal jurisdiction of each of the courts listed in subsection (i) hereof in the event any action related to or arising out of this Agreement or any of the transactions contemplated hereby is brought, (iii) agrees that such party will not attempt to deny or defeat such personal jurisdiction by motion or other request for leave from any such court, (iiiiv) agrees that such party will not bring consents to service of process in the manner set forth in paragraph 10(d) of this Agreement in connection with any action relating related to or arising out of this Agreement or any of the transactions contemplated hereby in any court other than a Federal court sitting in the state of New York or a New York state court and (ivv) waives any right to trial by jury with respect to in any claim or proceeding action related to or arising out of this Agreement or any of the transactions contemplated hereby.

Appears in 1 contract

Samples: Collateral Agreement (Primus Telecommunications Group Inc)

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