Specific Performance; Time of the Essence. The Parties agree that irreparable damage would occur and that they would not have an adequate remedy at law in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms. It is accordingly agreed that the Parties shall be entitled to specific performance of the terms hereof and to obtain injunctions to prevent breaches hereof, without the necessity of demonstrating irreparable harm or posting of any bond, security or other undertaking, in addition to any other remedies to which they are entitled at law or equity. Time is of the essence for performance of the agreements, covenants and obligations of the Parties herein. Cascade and Home have caused this Agreement to be executed by their respective officers thereunto duly authorized as of the date first above written. CASCADE BANCORP By: /s/ Txxxx X. Xxxx Name: Txxxx X. Xxxx Title: President and Chief Executive Officer HOME FEDERAL BANCORP, INC. By: /s/ Lxx X. Xxxxxxxx Name: Lxx X. Xxxxxxxx Title: President and Chief Executive Officer
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Cascade Bancorp), Agreement and Plan of Merger (Cascade Bancorp)
Specific Performance; Time of the Essence. The Parties agree that irreparable damage would occur and that they would not have an adequate remedy at law in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms. It is accordingly agreed that the Parties shall be entitled to specific performance of the terms hereof and to obtain injunctions to prevent breaches hereof, without the necessity of demonstrating irreparable harm or posting of any bond, security or other undertaking, in addition to any other remedies to which they are entitled at law or equity. Time is of the essence for performance of the agreements, covenants and obligations of the Parties herein. Cascade and Home have caused this Agreement to be executed by their respective officers thereunto duly authorized as of the date first above written. CASCADE BANCORP By: /s/ Txxxx Xxxxx X. Xxxx Name: Txxxx Xxxxx X. Xxxx Title: President and Chief Executive Officer HOME FEDERAL BANCORP, INC. By: /s/ Lxx Xxx X. Xxxxxxxx Name: Lxx Xxx X. Xxxxxxxx Title: President and Chief Executive Officer
Appears in 2 contracts
Samples: Agreement and Plan of Merger (Home Federal Bancorp, Inc.), Agreement and Plan of Merger (Home Federal Bancorp, Inc.)
