Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 249 contracts
Samples: Securities Purchase Agreement (Nextgen Healthcare, Inc.), Merger Agreement (First Financial Bancorp /Oh/), Plan and Agreement of Reorganization
Specific Performance. The parties hereto Parties agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breachedterms. It Accordingly, it is accordingly hereby agreed that the parties Parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 75 contracts
Samples: Intellectual Property License Agreement (Summit Materials, LLC), Transition Services Agreement (Summit Materials, LLC), Support Services Agreement (Summit Materials, LLC)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that Accordingly, the parties further agree that each party shall be entitled to an injunction or injunctions restraining order to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other right or remedy to which they are such party may be entitled under this Agreement, at law or in equity.
Appears in 69 contracts
Samples: Asset Purchase Agreement (ADPT Corp), Agreement and Plan of Merger (Medallion Financial Corp), Merger Agreement (Sl Industries Inc)
Specific Performance. The parties hereto acknowledge and agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It Accordingly, it is accordingly agreed that the parties they shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically the terms and provisions hereof in any court of competent jurisdiction in the United States or any state having jurisdictionthereof, this being in addition to any other remedy to which they are may be entitled at law or in equity.
Appears in 63 contracts
Samples: Loan Guarantee Agreement, Loan Guarantee Agreement, Loan Guarantee, Payment and Security Agreement
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of contained in this Agreement were not performed in accordance with their its specific terms or were was otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof thereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 61 contracts
Samples: Merger Agreement (BCB Bancorp Inc), Merger Agreement (Bridge Bancorp Inc), Merger Agreement (First Franklin Corp)
Specific Performance. The parties hereto agree that irreparable damage harm would occur in the event that any of the provisions of this Agreement were not performed in accordance with their its specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state thereof having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 41 contracts
Samples: Stockholder Agreement (Si Technologies Inc), Shareholder Agreement (Adt Limited), Voting Agreement (Butler Bruce A)
Specific Performance. The parties hereto to this Agreement agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall to this Agreement will be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof of this Agreement in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 39 contracts
Samples: Voting Agreement (Gores Radio Holdings, LLC), Voting Agreement (KCPC Holdings, Inc.), Voting Agreement (KCPC Holdings, Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law Law or in equity.
Appears in 30 contracts
Samples: Merger Agreement, Ip Transfer Agreements, Membership Interest Purchase Agreement (Gb Sciences Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 28 contracts
Samples: Merger Agreement (CareDx, Inc.), Merger Agreement (CareDx, Inc.), Merger Agreement (CareDx, Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It Except where this Agreement specifically provides for arbitration, it is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 27 contracts
Samples: Purchase Agreement (Mistral Ventures Inc), Merger Agreement (Google Inc.), Merger Agreement (Webex Communications Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdictionthis Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 25 contracts
Samples: Merger Agreement (Root9B Technologies Inc.), Share Purchase Agreement (Micron Technology Inc), Voting Agreement (Real Goods Solar, Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdictionthis Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 24 contracts
Samples: Merger Agreement (Allovir, Inc.), Company Stockholder Support Agreement (Allovir, Inc.), Parent Stockholder Support Agreement (Allovir, Inc.)
Specific Performance. The parties hereto Parties agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breachedterms. It Accordingly, it is accordingly hereby agreed that the parties Parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law Law or in equity.
Appears in 22 contracts
Samples: Tax Sharing Agreement, Tax Sharing Agreement (ADT, Inc.), Tax Sharing Agreement (ADT, Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions injunctive relief to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 22 contracts
Samples: Merger Agreement (Durect Corp), Merger Agreement (Advanced BioEnergy, LLC), Asset Purchase Agreement (DJO Finance LLC)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdictionhereof, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 21 contracts
Samples: Asset Purchase Agreement (Banc of California, Inc.), Merger Agreement (Clicksoftware Technologies LTD), Stock Purchase Agreement (Blackbaud Inc)
Specific Performance. The parties hereto to this Agreement agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breachedreached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof of this Agreement in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 19 contracts
Samples: Merger Agreement (Click Commerce Inc), Asset Purchase Agreement (Click Commerce Inc), Merger Agreement (Click Commerce Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties Company shall be entitled to an injunction or injunctions to prevent breaches of this Agreement by a Holder and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equityhereof.
Appears in 18 contracts
Samples: Stockholder Lock Up Agreement (Triller Corp.), Registration Rights Agreement (Bitcoin Depot Inc.), Registration Rights Agreement (Bitcoin Depot Inc.)
Specific Performance. The parties hereto agree that irreparable damage harm would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific specified terms or were otherwise breached. It is accordingly agreed that the parties hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 18 contracts
Samples: Stock Option Agreement (Ies Industries Inc), Stock Option Agreement (Interstate Power Co), Stock Option Agreement (Interstate Power Co)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions injunctions, without the posting of any bond, to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 17 contracts
Samples: Merger Agreement (Inhibitex, Inc.), Merger Agreement (Corgentech Inc), Merger Agreement (Placer Sierra Bancshares)
Specific Performance. The parties hereto agree that irreparable damage would will occur in the event that any of the provisions of this Agreement were are not performed in accordance with their specific terms or were are otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 16 contracts
Samples: Asset Purchase Agreement (Logiq, Inc.), Membership Interest Purchase Agreement, Asset Purchase Agreement (Boingo Wireless Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions provision of this Agreement were was not performed in accordance with their specific the terms or were otherwise breached. It is accordingly agreed hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof of this Agreement in any federal court located in the Southern District of the United States State of New York or any New York state having jurisdictioncourt sitting in New York City, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 16 contracts
Samples: Merger Agreement (Phar Mor Inc), Merger Agreement (Pharmhouse Corp), Merger Agreement (Pharmhouse Corp)
Specific Performance. The parties hereto to this Agreement agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that Accordingly, the parties to this Agreement hereby agree that each party hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof of this Agreement in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are such party may be entitled at law or in equity.
Appears in 15 contracts
Samples: Stock Purchase Agreement (Live Nation Entertainment, Inc.), Exchange Agreement (Motient Corp), Exchange Agreement (Motient Corp)
Specific Performance. The parties hereto acknowledge and agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It Accordingly, it is accordingly agreed that the parties they shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically the terms and provisions hereof in any court of competent jurisdiction in the United States or any state having jurisdictionthereof, this being in addition to any other remedy to which they are may be entitled at law or in equity.
Appears in 15 contracts
Samples: Registration Rights Agreement (Premdor Finace LLC), Registration Rights Agreement (Rockwood Holdings, Inc.), Registration Rights Agreement (Wci Communities Inc)
Specific Performance. The parties Each party hereto agree agrees that irreparable damage would occur in the event that any of the provisions of this Agreement were was not performed in accordance with their its specific terms or were was otherwise breached. It , and it is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or of any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 13 contracts
Samples: Convertible Promissory Note Purchase Agreement (Kingfish Holding Corp), Convertible Promissory Note Purchase Agreement (Kingfish Holding Corp), Convertible Promissory Note Purchase Agreement (Kingfish Holding Corp)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdictionhereof, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 12 contracts
Samples: Agreement and Plan of Merger (Saratoga Beverage Group Inc), Merger Agreement (Fresh Juice Co Inc), Merger Agreement (Saratoga Beverage Group Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Merger Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Merger Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 12 contracts
Samples: Merger Agreement (Triad Park LLC), Merger Agreement (Triad Park LLC), Merger Agreement (Triad Park LLC)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equityNew York Courts.
Appears in 12 contracts
Samples: License Purchase Agreement (Tritel Finance Inc), Preferred Stock Purchase Agreement (Triton PCS Holdings Inc), Investment and Transaction Agreement (Dobson Communications Corp)
Specific Performance. The parties hereto agree that irreparable Irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that ; accordingly, the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 11 contracts
Samples: Stock Purchase Agreement (Centerpoint Corp), Subscription Agreement (Centerpoint Corp), Merger Agreement (Mafco Holdings Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that Accordingly, the parties further agree that each party shall be entitled to an injunction or injunctions restraining order to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other right or remedy to which they are such party may be entitled under this Agreement, at law Law or in equity.
Appears in 11 contracts
Samples: Merger Agreement (Global Business Resources Inc), Acquisition Agreement (Vivakor, Inc.), Merger Agreement (Mondas Minerals Corp.)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement Agreement, without the necessity of proving damages or posting any bond, and to enforce specifically the terms and provisions hereof in any court of the United States or any state thereof having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 11 contracts
Samples: Voting Agreement (Adc Telecommunications Inc), Voting Agreement (Adc Telecommunications Inc), Voting Agreement (Adc Telecommunications Inc)
Specific Performance. The parties hereto agree that irreparable damage damages would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdictionproper venue hereunder, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 11 contracts
Samples: Agreement for Purchase of Stock (Advanced Technology Industries Inc), Agreement for Purchase of Stock (Advanced Technology Industries Inc), Purchase Agreement (Advanced Technology Industries Inc)
Specific Performance. The parties hereto to this Agreement agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof of this Agreement in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 10 contracts
Samples: Voting Agreement (Piedmont Community Bank Holdings, Inc.), Voting Agreement (Piedmont Community Bank Holdings, Inc.), Voting Agreement (Piedmont Community Bank Holdings, Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that that, in addition to any other remedy to which they are entitled at law or in equity, the parties hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 10 contracts
Samples: Merger Agreement, Merger Agreement (Market Leader, Inc.), Merger Agreement (Data Domain, Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were was not performed in accordance with their specific its specified terms or were was otherwise breachedbreached and that remedies at law may be inadequate to protect against a breach of the obligations under this Agreement. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically specific performance of the terms and provisions hereof in any court of the United States or any state having competent jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 10 contracts
Samples: Preferred Stock Purchase Agreement (Promotora De Informaciones Sa /Fi), Preferred Stock Purchase Agreement (Promotora De Informaciones Sa /Fi), Preferred Stock Purchase Agreement (Promotora De Informaciones Sa /Fi)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state or foreign jurisdiction having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 10 contracts
Samples: Recapitalization and Exchange Agreement, Stock Purchase Agreement (PTC Inc.), Merger Agreement (Matinas BioPharma Holdings, Inc.)
Specific Performance. The parties hereto to this Agreement agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties to this Agreement shall be entitled to an injunction or injunctions (without the payment or posting of any bond) to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof of this Agreement in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 10 contracts
Samples: Registration Rights Agreement (Deerfield Capital Corp.), Registration Rights Agreement (Triarc Companies Inc), Registration Rights Agreement (Deerfield Triarc Capital Corp)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of contained in this Agreement were not performed in accordance with their its specific terms or were was otherwise breached. It is accordingly agreed that the parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof thereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 9 contracts
Samples: Merger Agreement (Oconee Federal Financial Corp.), Merger Agreement (Boston Private Financial Holdings Inc), Merger Agreement (Century Commercial Bancorp Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that Accordingly, the parties shall further agree that each party will be entitled to an injunction or injunctions restraining order to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other right or remedy to which they are such party may be entitled under this Agreement, at law or in equity.
Appears in 9 contracts
Samples: Merger Agreement (Johnson Outdoors Inc), Stock Purchase Agreement (Mocon Inc), Contribution Agreement (Morton Industrial Group Inc)
Specific Performance. The parties hereto to this Agreement agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall will be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdictionthis Agreement, this being in addition to any other remedy to which they the parties are entitled at law or in equity.
Appears in 8 contracts
Samples: Merger Agreement (Critical Path Inc), Conversion and Contribution Agreement (Critical Path Inc), Note Exchange Agreement (Critical Path Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions provision of this Agreement were is not performed in accordance with their specific the terms or were otherwise breached. It is accordingly agreed hereof and that the parties shall be entitled to an injunction or injunctions to prevent breaches specific performance of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity. Accordingly, it also is agreed that each of Pubco and the Holders shall be entitled to an injunction to prevent breaches of this Agreement, and to specific enforcement of this Agreement and its terms and provisions in any action instituted in any court of the United States or any state having subject matter jurisdiction.
Appears in 8 contracts
Samples: Shareholder Agreement (Weber Inc.), Stockholders Agreement (Weber Inc.), Shareholder Agreement (Signify Health, Inc.)
Specific Performance. The parties Parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties Parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdictionjurisdiction permitted under this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 8 contracts
Samples: Share Purchase Agreement (Boxlight Corp), Share Purchase Agreement (Boxlight Corp), Option Agreement (Boxlight Corp)
Specific Performance. The parties hereto agree that irreparable damage harm -------------------- would occur in the event that any of the provisions of this Agreement were not performed in accordance with their its specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state thereof having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 8 contracts
Samples: Merger Agreement (Merkert American Corp), Roll Up Agreement (Entravision Communications Corp), Voting Agreement (Monroe James L)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall will be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 8 contracts
Samples: Support Agreement (Business Objects Sa), Support Agreement (Crystal Decisions Inc), Voting Agreement (Business Objects Sa)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were any covenant set forth in this Agreement is otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to enforce specifically the performance of this Agreement in accordance with its terms and provisions and to prevent breaches of covenants set forth in this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being Agreement. The foregoing right is in addition to to, and not in lieu of, any other remedy to which they are entitled rights a party hereto may have in respect of a breach of this Agreement, whether at law or in equity.
Appears in 8 contracts
Samples: Reverse Transition Services Agreement, Asset Purchase and Sale Agreement (United States Cellular Corp), Reverse Transition Services Agreement (Valor Communications Group Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 8 contracts
Samples: Purchase Agreement (Logimetrics Inc), Stock Purchase Agreement (Thermotrex Corp), Employment Agreement (Logimetrics Inc)
Specific Performance. The parties hereto to this Agreement agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that prior to the termination of this Agreement in accordance with Article V the parties shall to this Agreement will be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof of this Agreement in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 8 contracts
Samples: Lock Up and Voting Agreement (Highland Capital Management Lp), Voting Agreement (Kinder Morgan Inc), Voting Agreement (Cumulus Media Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state thereof having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 8 contracts
Samples: Stockholder Support Agreement (NMS Communications Corp), Stock Option Agreement (Conseco Inc), Stockholder Support Agreement (Vmark Software Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were was not performed in accordance with their its specific terms or were was otherwise breached. It is accordingly agreed that the parties Acquiror shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having proper jurisdiction, this being in addition to any other remedy to which they are Acquiror is entitled at law or in equity.
Appears in 8 contracts
Samples: Agreement and Plan of Merger (Compass International Services Corp), Affiliate Agreement (Sungard Data Systems Inc), Voting Agreement (Nco Group Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of the provisions of this Agreement and to enforce specifically the terms and provisions hereof in any state or federal court of the United States or any state having jurisdiction, New York (this being in addition to any other remedy to which they are entitled at law or in equity), and each party hereto agrees to waive in any action for such enforcement the defense that a remedy at law would be adequate.
Appears in 8 contracts
Samples: Stockholders' Agreement (Maidenform Brands, Inc.), Shareholder Agreement (Masco Corp /De/), Shareholders Agreement (Mascotech Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdictionhereof, this being in addition to any other remedy to which they are entitled at law or in equityequity and the parties hereby agree to waive any requirements for posting a bond in connection with any such action.
Appears in 7 contracts
Samples: Registration Rights Agreement (Tesla, Inc.), Registration Rights Agreement (Ultimate Software Group Inc), Registration Rights Agreement (Tesla, Inc.)
Specific Performance. The parties hereto agree that -------------------- irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 7 contracts
Samples: Merger Agreement (Danaher Corp /De/), Agreement and Plan of Merger (FLD Acquisition Corp), Merger Agreement (Princess Beverly Coal Holding Co Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that Accordingly, the parties further agree that each party shall be entitled to an injunction or injunctions restraining order to prevent breaches or threatened breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, without the need to post bond or other security, this being in addition to any other right or remedy to which they are such party may be entitled under this Agreement, at law or in equity.
Appears in 7 contracts
Samples: Merger Agreement (Linear LLC), Merger Agreement (International Electronics Inc), Merger Agreement (Caucuscom Mergerco Corp.)
Specific Performance. The parties hereto agree that irreparable damage -------------------- would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 7 contracts
Samples: Merger Agreement (Goto Com Inc), Agreement and Plan of Reorganization (Smartforce Public LTD Co), Merger Agreement (Benfield Greig Group PLC)
Specific Performance. The parties hereto agree that irreparable damage would could occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to seek an injunction or injunctions injunctions, without the posting of any bond, to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 7 contracts
Samples: Common Stock Purchase Agreement (Pacific Mercantile Bancorp), Common Stock Purchase Agreement (Pacific Mercantile Bancorp), Additional Series B Stock Purchase Agreement (Pacific Mercantile Bancorp)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties either party shall be entitled to seek an injunction or injunctions or other equitable relief to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equityjurisdiction over the dispute.
Appears in 7 contracts
Samples: Transitional Services Agreement (Catapult Communications Corp), Stock Purchase Agreement (Monaco Coach Corp /De/), Stock Purchase Agreement (Monaco Coach Corp /De/)
Specific Performance. The parties hereto acknowledge and agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It Accordingly, it is accordingly agreed that the parties they shall be entitled to an injunction or injunctions to prevent breaches of the provision of this Agreement and to enforce specifically the terms and provisions hereof in any court of competent jurisdiction in the United States or any state having jurisdictionthereof, this being in addition to any other remedy to which they are may be entitled at law or in equity.
Appears in 7 contracts
Samples: Registration Rights Agreement (Bristol West Holdings Inc), Registration Rights Agreement (KCLC Acquisition Corp), Registration Rights Agreement (Regal Cinemas Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 6 contracts
Samples: Asset Purchase Agreement (Megawest Energy Corp.), Asset Purchase Agreement (Medsolutions Inc), Merger Agreement (Medsolutions Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity, without posting any bond or proving that damages would be inadequate.
Appears in 6 contracts
Samples: Merger Agreement (3-D Geophysical Inc), Merger Agreement (Networks Associates Inc/), Merger Agreement (Networks Associates Inc/)
Specific Performance. The parties hereto acknowledge and agree that irreparable damage would occur in the event that any of the provisions of Article V of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It Accordingly, it is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent or cure breaches of the provisions of Article V of this Agreement and to enforce specifically the terms and provisions hereof of such Article in any court of the United States or any state thereof having jurisdiction, this being in addition to any other remedy to which they are may be entitled at in law or in equity.
Appears in 6 contracts
Samples: Collaboration and License Agreement (Aptevo Therapeutics Inc.), Collaboration and License Agreement (Trubion Pharmaceuticals, Inc), Collaboration and License Agreement (Trubion Pharmaceuticals, Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that that, prior to any termination of this Agreement pursuant to Section 5.1 hereof, the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdictionthis Agreement, this being in addition to any other remedy to which they are such party is entitled at law or in equity.
Appears in 6 contracts
Samples: Stockholders Agreement (Freeze Group Holding Corp.), Shareholder Agreement (Claires Stores Inc), Stockholders Agreement (Freeze Group Holding Corp.)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific specified terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state thereof having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 6 contracts
Samples: Voting Agreement (Openroute Networks Inc), Voting Agreement (Netrix Corp), Voting Agreement (Netrix Corp)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of in this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that Accordingly, the parties further agree that each party shall be entitled to an injunction or injunctions restraining order to prevent breaches of this Agreement hereof or thereof and to enforce specifically the terms and provisions hereof or thereof in any court of the United States or any state having jurisdiction, this being in addition to any other right or remedy to which they are such party may be entitled under this Agreement, at law or in equity.
Appears in 6 contracts
Samples: Merger Agreement (Citadel Broadcasting Co), Merger Agreement (Agribrands International Inc), Agreement and Plan of Reorganization (Agribrands International Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are may be entitled at law or in equity.
Appears in 6 contracts
Samples: Merger Agreement (Neoforma Inc), Exchange Agreement (University Healthsystem Consortium), Exchange Agreement (Neoforma Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 6 contracts
Samples: Merger Agreement (Meridian Resource Corp), Merger Agreement (Cairn Energy Usa Inc), Merger Agreement (Dominion Resources Inc /Va/)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that if any of the provisions of this Agreement were not performed in accordance with their its specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdictionhereof, this being in addition to any other remedy to which they are entitled at law or in equity, and shall not be required to post a bond or other collateral in connection therewith.
Appears in 6 contracts
Samples: Omnibus Agreement (Och-Ziff Capital Management Group LLC), Omnibus Agreement (Och-Ziff Capital Management Group LLC), Omnibus Agreement (Och-Ziff Capital Management Group LLC)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their its specific terms or were otherwise breached. It Except where this Agreement specifically provides for arbitration, it is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state or province having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 6 contracts
Samples: Asset Purchase Agreement, Asset Purchase Agreement (Caesars Acquisition Co), Asset Purchase Agreement (Dolan Co.)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to equitable relief without the requirement of posting a bond or other security, including to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 5 contracts
Samples: Merger Agreement (Pineapple Express, Inc.), Merger Agreement (Micrel Inc), Merger Agreement (Microchip Technology Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their its specific terms or were otherwise breached. It Except where this Agreement specifically provides for arbitration, it is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 5 contracts
Samples: Merger Agreement (Audience Inc), Merger Agreement (Lexmark International Inc /Ky/), Merger Agreement (Business Objects S.A.)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were was not performed in accordance with their its specific terms or were was otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 5 contracts
Samples: Tender and Option Agreement (Maddrey E Erwin Ii), Tender and Option Agreement (Mickel Buck A), Tender and Option Agreement (Roberti William V)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of contained in this Agreement were was not performed in accordance with their its specific terms or were was otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 5 contracts
Samples: Stock Purchase Agreement (Unit Corp), Securities Purchase Agreement (Advance Paradigm Inc), Securities Purchase Agreement (Littlejohn Joseph & Levy Fund Iii Lp)
Specific Performance. The parties hereto to this Agreement agree that irreparable damage would occur in the event that if any of the provisions of this Agreement were not performed in accordance with their its specific terms or were otherwise breachedbreached and that monetary damages, even if available, would not be an adequate remedy therefor. It is accordingly agreed that the parties to this Agreement shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof of this Agreement in any court of the United States or any state having jurisdictionChosen Courts, this being in addition to any other remedy to which they are entitled at law or in equity, and the parties to this Agreement shall not be required to prove actual damages.
Appears in 5 contracts
Samples: Support Agreement (JK&B Capital V, L.P.), Support Agreement (PCF 1, LLC), Support Agreement (PCF 1, LLC)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It Notwithstanding Section 9.9, it is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity. Nothing in Article 7 shall be construed or interpreted to limit this Section 9.13.
Appears in 5 contracts
Samples: Membership Interest Purchase Agreement (Widepoint Corp), Stock Purchase Agreement (Viisage Technology Inc), Stock Purchase Agreement (Widepoint Corp)
Specific Performance. The parties Parties hereto agree that irreparable damage would occur in the event that any of the provisions of contained in this Agreement were not performed in accordance with their its specific terms or were was otherwise breached. It is accordingly agreed that the parties Parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof thereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 5 contracts
Samples: Merger Agreement (Norwood Financial Corp), Agreement and Plan of Merger (North Penn Bancorp Inc), Merger Agreement (Kearny Financial Corp.)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, as provided in Section 10.13, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 5 contracts
Samples: Merger Agreement (RMH Teleservices Inc), Merger Agreement (Nco Portfolio Management Inc), Merger Agreement (Nco Group Inc)
Specific Performance. The parties Each party hereto agree agrees that irreparable damage would occur in the event that any of the provisions of this Agreement were was not performed in accordance with their its specific terms or were was otherwise breached. It , and it is accordingly agreed that the parties shall be entitled to an injunction Injunction or injunctions Injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 5 contracts
Samples: Purchase Option Agreement (Kingfish Holding Corp), Agreement and Plan of Merger (Kingfish Holding Corp), Merger Agreement (Kingfish Holding Corp)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of contained in this Agreement were not performed in accordance with their its specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 5 contracts
Samples: Merger Agreement (Hudson City Bancorp Inc), Merger Agreement (Flushing Financial Corp), Merger Agreement (Energy Services Acquisition Corp.)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to seek an injunction or injunctions to prevent breaches any breach or threatened breach of this Agreement and to enforce specifically the terms and provisions hereof in any court of this Agreement, without the United States requirement to post a bond or any state having jurisdictionother security, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 5 contracts
Samples: Limited Liability Company Agreement (Ryman Hospitality Properties, Inc.), Investment Agreement (Ryman Hospitality Properties, Inc.), Membership Interest Purchase Agreement
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall hereto will be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdictionreferred to in Section 8.12(b), this being in addition to any other remedy to which they are entitled at law Law or in equity.
Appears in 4 contracts
Samples: Merger Agreement (Alaska Air Group, Inc.), Merger Agreement (Alaska Air Group, Inc.), Merger Agreement (Virgin America Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of contained in this Agreement were not performed in accordance with their its specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof thereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Agreement and Plan of Merger (Ibt Bancorp Inc /Mi/), Merger Agreement (Ibt Bancorp Inc /Mi/), Merger Agreement (Ibt Bancorp Inc /Mi/)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions Section 5.2 of this Agreement were not performed in accordance with their its specific terms or were otherwise breached. It is accordingly agreed that the parties shall will be entitled to an injunction or injunctions to prevent breaches of Section 5.2 of this Agreement and to enforce specifically the terms and provisions hereof thereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Merger Agreement (Shea Development Corp.), Merger Agreement (Shea Development Corp.), Interest Purchase Agreement (Shea Development Corp.)
Specific Performance. The parties hereto to this Agreement agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties to this Agreement shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof of this Agreement in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Merger Agreement (Atari Inc), Merger Agreement (Kronos Inc), Merger Agreement (Electrograph Holdings, Inc.)
Specific Performance. The parties hereto agree that -------------------- irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions injunctive relief to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.. [Signature Page Follows]
Appears in 4 contracts
Samples: Merger Agreement (Worldres Com Inc), Merger Agreement (Mpath Interactive Inc/Ca), Merger Agreement (Applied Micro Circuits Corp)
Specific Performance. The parties Parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties Parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Merger Agreement (Blackbaud Inc), Asset Purchase Agreement (Merit Medical Systems Inc), Merger Agreement (Kratos Defense & Security Solutions, Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were was not performed in accordance with their its specific terms or were was otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdictionMinnesota court, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Voting Agreement (Granite City Food & Brewery LTD), Voting Agreement (Granite City Food & Brewery LTD), Voting Agreement (Granite City Food & Brewery LTD)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall hereto will be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdictionreferred to in Section 9.12(b), this being in addition to any other remedy to which they are entitled at law Law or in equity.
Appears in 4 contracts
Samples: Merger Agreement, Merger Agreement (Reckitt Benckiser Group PLC), Merger Agreement (Schiff Nutrition International, Inc.)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of contained in this Agreement were not performed in accordance with their its specific terms or were was otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions injunctions, without the posting of bond or other security, to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Merger Agreement (Alliance Financial Corp /Ny/), Merger Agreement (Bridge Street Financial Inc), Merger Agreement (Berkshire Hills Bancorp Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of contained in this Agreement were are not performed in accordance with their its specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof of this Agreement (including the parties’ obligation to consummate this Agreement subject to the terms of this Agreement) in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they the parties are entitled at law or in equityequity or under this Agreement.
Appears in 4 contracts
Samples: Purchase and Assumption Agreement (United Community Financial Corp), Purchase and Assumption Agreement (Croghan Bancshares Inc), Purchase and Assumption Agreement (Peoples Community Bancorp Inc /Md/)
Specific Performance. The parties Parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties Parties hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Stock Purchase Agreement (Sierra Pacific Resources), Purchase Agreement (Brek Energy Corp), Purchase Agreement (Gasco Energy Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of contained in this Agreement were are not performed in accordance with their its specific terms or were are otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof thereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Merger Agreement, Merger Agreement (Cyberian Outpost Inc), Merger Agreement (Pc Connection Inc)
Specific Performance. The parties hereto agree that irreparable damage would may occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall may be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdictionjurisdiction pursuant to Section 13, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Program License Agreement (Univision Communications Inc), Program License Agreement (Univision Communications Inc), Program License Agreement (Univision Communications Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions provision of this Agreement were not performed in accordance with their its specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdictionjurisdiction without the necessity of demonstrating damages or posting a bond, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Nominating Agreement (Perrigo Co), Undertaking Agreement (Perrigo Co), Voting Agreement (Perrigo Co)
Specific Performance. The parties hereto agree that irreparable Irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that ; accordingly, the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any domestic and foreign state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Stock Purchase Agreement (United Capital Consultants Inc.), Stock Purchase Agreement (United Capital Consultants Inc.), Stock Purchase Agreement
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached or threatened to be breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches breaches, or threatened breaches, of this Agreement and to enforce specifically the terms and provisions hereof in any court of hereof, without the United States need to post bond or any state having jurisdictionother security, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Branch Purchase and Assumption Agreement (LINKBANCORP, Inc.), Merger Agreement (MidWestOne Financial Group, Inc.), Branch Sale Agreement (Heritage Financial Group Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were was not performed in accordance with their specific its specified terms or were was otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having competent jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Business Combination Agreement (Liberty Acquisition Holdings Corp.), Business Combination Agreement (Liberty Acquisition Holdings Corp.), Shareholder Agreement (Fitzpatrick Daniel B)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breachedterms. It Accordingly, it is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (Bowne & Co Inc), Transaction Agreement (Hammons John Q Hotels Inc), Merger Agreement (Cinemark Inc)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.. (THIS SPACE INTENTIONALLY LEFT BLANK)
Appears in 3 contracts
Samples: Agreement and Plan of Reorganization (Zapworld Com), Merger Agreement (Zapworld Com), Agreement and Plan of Reorganization (Zapworld Com)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were was not performed in accordance with their its specific terms or were was otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States New York court, without bond or any state having jurisdictionother security being required, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 3 contracts
Samples: Tender Agreement (Parker Hannifin Corp), Tender Agreement (Parker Hannifin Corp), Tender Agreement (Denison International PLC)
Specific Performance. The parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to seek an injunction or injunctions (without proof of damages) to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdictionhereof, this being in addition to any other remedy to which they are entitled at law Law or in equityequity and the parties hereby agree to waive any requirements for posting a bond in connection with any such action.
Appears in 3 contracts
Samples: Share Purchase Agreement, Share Purchase Agreement (Mimecast LTD), Share Purchase Agreement (Palo Alto Networks Inc)
Specific Performance. The parties hereto to this Agreement agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties to this Agreement shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof of this Agreement in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity, and neither party shall oppose any motion or other action seeking any such injunction to enforce Section 8.4.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (CSR PLC), Agreement and Plan of Merger (Zoran Corp \De\), Merger Agreement (Zoran Corp \De\)
Specific Performance. The parties hereto agree that irreparable damage damages would occur in the event that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 3 contracts
Samples: Asset Purchase Agreement (American Cable Tv Investors 5 LTD), Asset Purchase Agreement (American Cable Tv Investors 5 LTD), Asset Purchase Agreement (American Cable Tv Investors 5 LTD)