Common use of Specific Performance Clause in Contracts

Specific Performance. The 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 breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, the Parties shall be entitled to an injunction or injunctions, without proof of damages, to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement.

Appears in 28 contracts

Samples: Registration Rights Agreement (Service Properties Trust), Transaction Agreement (Service Properties Trust), Registration Agreement (Select Income Reit)

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Specific Performance. The 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, in addition to any other applicable remedies at Law or equity, that the Parties shall be entitled to an injunction provisional or injunctionstemporary injunctive relief in accordance therewith in any court of the United States, without proof of damages, this being in addition to prevent breaches of this Agreement and any other remedy or relief to enforce specifically the terms and provisions of this Agreementwhich they may be entitled.

Appears in 24 contracts

Samples: Separation and Distribution Agreement (Rafael Holdings, Inc.), Separation and Distribution Agreement (Rafael Holdings, Inc.), Separation and Distribution Agreement (Zedge, Inc.)

Specific Performance. The Parties agree Each party agrees that irreparable damage would occur and that the parties would not have any adequate remedy at law 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, in addition to any other applicable remedies at Law or equity, that each of the Parties parties shall be entitled to seek an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.

Appears in 22 contracts

Samples: Services Agreement (Liberty Media Corp), Services Agreement (Atlanta Braves Holdings, Inc.), Services Agreement (Atlanta Braves 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, in addition to any other applicable remedies at Law or equityAccordingly, the Parties further agree that each Party shall be entitled to seek an injunction or injunctions, without proof of damages, restraining order to prevent breaches of this Agreement and to seek to enforce specifically the terms and provisions of hereof, this being in addition to any other right or remedy to which such Party may be entitled under this Agreement, at law or in equity.

Appears in 20 contracts

Samples: Intellectual Property Purchase Agreement (Enigma-Bulwark, LTD), Option Agreement (Odyssey Health, Inc.), Intellectual Property Purchase Agreement (Frontera Group Inc.)

Specific Performance. The Parties agree parties hereto acknowledge 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, in addition to any other applicable remedies at Law or equityAccordingly, the Parties parties agree that an aggrieved party shall be entitled to an injunction or injunctions, without proof of damages, injunctive relief to prevent breaches of this Agreement and to enforce specifically the terms and provisions of hereof in any court having jurisdiction, this being in addition to any other right or remedy to which such party may be entitled under this Agreement, at law, or in equity.

Appears in 20 contracts

Samples: Merger Agreement (North American Galvanizing & Coatings Inc), Stockholders Agreement (Azz Inc), Merger Agreement (Berkshire Hathaway Inc)

Specific Performance. The Parties parties agree that irreparable damage would occur and that the parties would not have any adequate remedy at law 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, in addition to any other applicable remedies at Law or equity, that the Parties parties shall be entitled to an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement, 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 (Cloudera, Inc.), Merger Agreement (Hortonworks, Inc.), Merger Agreement (Maxlinear Inc)

Specific Performance. The Parties 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 breached. It is The parties accordingly agreed agree that, in addition to any other applicable remedies remedy to which they are entitled at Law law or in equity, the Parties shall be parties are entitled to an injunction or injunctions, without proof of damages, injunctive relief to prevent breaches of this Agreement and otherwise to enforce specifically the terms and provisions of this Agreement. Each party expressly waives any requirement that any other party obtain any bond or provide any indemnity in connection with any action seeking injunctive relief or specific enforcement of the provisions of this Agreement.

Appears in 16 contracts

Samples: Securities Purchase Agreement (Tingo Group, Inc.), Stock Purchase Agreement (Computer Task Group Inc), Foreclosure Sale Agreement

Specific Performance. The 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 of were otherwise breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, that the Parties shall be entitled to, in addition to an injunction or injunctionsthe other remedies provided herein, without proof of damages, to prevent breaches specific performance of this Agreement and to enforce specifically the terms and provisions of this AgreementAgreement in any New York Court in addition to the other remedies to which such Parties are entitled.

Appears in 16 contracts

Samples: Registration Rights Agreement (Central European Media Enterprises LTD), Investor Rights Agreement (Central European Media Enterprises LTD), Indemnity Letter (Lauder Ronald S)

Specific Performance. The Parties 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 is accordingly agreed that, in addition to any other applicable remedies at Law or equity, that the Parties shall be entitled to an injunction or injunctions, without proof of damages, injunctions to prevent or cure breaches of the provisions of this Agreement and to enforce specifically the terms and provisions of hereof, this Agreementbeing in addition to any other remedy to which they may be entitled by law or equity.

Appears in 13 contracts

Samples: Exchange Agreement, Tax Receivable Agreement (Imperial Capital Group, Inc.), Exchange Agreement (Imperial Capital Group, Inc.)

Specific Performance. The Parties agree that irreparable damage damage, for which monetary damages (even if available) would not be an adequate remedy, 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, in addition to any other applicable remedies at Law or equity, that the Parties shall be entitled to an injunction or injunctionsinjunction, without proof of damages, specific performance and other equitable relief to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreementhereof, in addition to any other remedy to which they are entitled in Law or equity.

Appears in 13 contracts

Samples: Patent and Technology Cross License Agreement (NCR Atleos Corp), Separation and Distribution Agreement (NCR Atleos Corp), Tax Matters Agreement (NCR Atleos Corp)

Specific Performance. The Parties agree that irreparable damage would occur in the event that if 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 that, in addition to any other applicable remedies at Law or equity, hereof and thereof and that the Parties shall be entitled (without the requirement to post a bond or other security) to an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this AgreementAgreement in addition to any other remedy to which they are entitled at law or in equity. The rights and remedies of the Parties shall be cumulative (and not alternative).

Appears in 12 contracts

Samples: Asset Purchase Agreement (Bruker Corp), Asset Purchase Agreement (Agilent Technologies Inc), Asset Purchase Agreement (JDS Uniphase Corp /Ca/)

Specific Performance. The Parties agree acknowledge that irreparable damage would occur in the event that any of the provisions of result if this Agreement were not performed in accordance with their specifically enforced, and they therefore agree that the rights and obligations of the Parties under this Agreement may be enforced by a decree of specific terms or were otherwise breachedperformance issued by a court of competent jurisdiction. It is accordingly agreed thatSuch a remedy shall, however, not be exclusive, and shall be in addition to any other applicable remedies at Law or equity, the Parties shall be entitled to an injunction or injunctions, without proof of damages, to prevent breaches of which any Party may have under this Agreement or otherwise. The Parties further acknowledge and to enforce specifically the terms and provisions agree that a decree of this Agreementspecific performance may not be an available remedy in all circumstances.

Appears in 12 contracts

Samples: Purchase Option Agreement (Alexza Pharmaceuticals Inc.), Purchase Option Agreement (Lexicon Pharmaceuticals, Inc./De), Purchase Option Agreement (Dynavax Technologies Corp)

Specific Performance. The Parties agree that irreparable damage would occur in the event that any of the provisions of this Agreement or of any other agreement among them with respect to the Transactions were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, the Parties shall be entitled to an injunction or injunctions, without proof of damages, to prevent breaches of this Agreement or of any other agreement between them with respect to the Transactions and to enforce specifically the terms and provisions of this Agreement.

Appears in 12 contracts

Samples: Transaction Agreement (RMR Group Inc.), Transaction Agreement (RMR Group Inc.), Transaction Agreement (RMR Group Inc.)

Specific Performance. The Parties 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 breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, that the Parties parties shall be entitled to an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement, 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 (GreenHouse Holdings, Inc.), Merger Agreement (Premier Alliance Group, Inc.), Merger Agreement (Security With Advanced Technology, Inc.)

Specific Performance. The Parties agree that irreparable damage would occur in the event that that, prior to Closing, any of the provisions of this Agreement were are not performed in accordance with their specific terms or were are otherwise breached. It is The Parties accordingly agreed agree that, in addition to any other applicable remedies available at Law law or in equity, prior to Closing the Parties shall be entitled to an injunction or injunctionsa temporary restraining order and a preliminary and permanent injunction, without proof the necessity of damagesproving actual damages or posting any bond or security, to prevent breaches a breach of this Agreement and to enforce specifically the terms and provisions of this Agreement.

Appears in 10 contracts

Samples: Combination Agreement (Fenix Parts, Inc.), Combination Agreement (Fenix Parts, Inc.), Combination Agreement (Fenix Parts, Inc.)

Specific Performance. The Parties parties agree that irreparable damage would occur in the event that any of the provisions of this Agreement or of any other agreement between them with respect to the Transaction were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, the Parties parties shall be entitled to an injunction or injunctions, without proof of damages, to prevent breaches of this Agreement or of any other agreement between them with respect to the Transaction and to enforce specifically the terms and provisions of this Agreement.

Appears in 10 contracts

Samples: Warrant Purchase Agreement, Stock Purchase Agreement (AMC Networks Inc.), Stock Purchase Agreement (Related Real Estate Fund II, L.P.)

Specific Performance. The 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 breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, that the Parties shall be entitled to an injunction or injunctions, injunctions (without proof of damages, ) to prevent actual or threatened breaches of this Agreement and to enforce specifically the terms and provisions of hereof, this Agreementbeing in addition to any other remedy to which they are entitled at law or in equity and the Parties hereby agree to waive any requirements for posting a bond in connection with any such action.

Appears in 9 contracts

Samples: Stock Purchase Agreement (Rightside Group, Ltd.), Stock Purchase Agreement (Tucows Inc /Pa/), Stock Purchase Agreement (Synaptics Inc)

Specific Performance. The Parties parties agree that irreparable damage would occur and that the parties would not have any adequate remedy at Law 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, in addition to any other applicable remedies at Law or equity, that the Parties parties shall be entitled to an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement, 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 (Nanometrics Inc), Merger Agreement (Advanced Medical Optics Inc), Merger Agreement (August Technology Corp)

Specific Performance. The Parties agree acknowledge that irreparable damage would occur in the event that any of the provisions of result if this Agreement were not performed in accordance with their specifically enforced, and they therefore consent that the rights and obligations of the Parties under this Agreement may be enforced by a decree of specific terms or were otherwise breachedperformance issued by a court of competent jurisdiction. It is accordingly agreed thatSuch remedy shall, however, not be exclusive and shall be in addition to any other applicable remedies at Law or equity, the Parties shall be entitled to an injunction or injunctions, without proof of damages, to prevent breaches of which any party may have under this Agreement and to enforce specifically the terms and provisions of this Agreementor otherwise.

Appears in 8 contracts

Samples: Merger Agreement (Divine Inc), Merger Agreement (Open Market Inc), Merger Agreement (Eshare Communications Inc)

Specific Performance. The Parties parties 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 thatthat the parties shall be entitled to equitable relief, including in the form of injunctions, in order to enforce specifically the provisions of this Agreement, in addition to any other applicable remedies remedy to which they are entitled at Law law or in equity, the Parties shall be entitled to an injunction or injunctions, without proof of damages, to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement.

Appears in 7 contracts

Samples: Shareholder Agreement, Shareholders Agreement (Andina Bottling Co Inc), Shareholder Agreements (Andina Bottling Co Inc)

Specific Performance. The Parties 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 its specific terms or were otherwise breached. It is accordingly agreed Each party agrees that, in addition to the event of any breach or threatened breach by any other applicable remedies at Law party of any covenant or equityobligation contained in this Agreement, the Parties non-breaching party shall be entitled to seek (a) a decree or order of specific performance to enforce the observance and performance of such covenant or obligation, and (b) an injunction restraining such breach or injunctions, without proof of damages, to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreementthreatened breach.

Appears in 7 contracts

Samples: Merger Agreement (CNB Financial Corp/Pa), Merger Agreement (DCB Financial Corp), Merger Agreement (First Commonwealth Financial Corp /Pa/)

Specific Performance. The Parties agree parties hereto acknowledge 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, in addition to any other applicable remedies at Law or equityAccordingly, the Parties parties agree that an aggrieved party shall be entitled to an injunction or injunctions, without proof of damages, injunctive relief to prevent breaches of this Agreement and to enforce specifically the terms and provisions of hereof in any court having jurisdiction, this being in addition to any other right or remedy to which such party may be entitled under this Agreement, at law, or in equity.

Appears in 7 contracts

Samples: Merger Agreement (Garan Inc), Stockholders Agreement (Tiger Management LLC), Stockholders Agreement (Xtra Corp /De/)

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, in addition to any other applicable remedies at Law or equity, that the Parties parties shall be entitled to an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement, this being in addition to any other remedy to which such party is entitled at law or in equity.

Appears in 7 contracts

Samples: Irrevocable Proxy Agreement (Franklin Martin E), Irrevocable Proxy Agreement (Gottesman Noam), Irrevocable Proxy Agreement (Franklin Martin E)

Specific Performance. The Parties agree Each of the parties hereto agrees 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, in addition to any other applicable remedies at Law remedy that a party hereto may have under law or in equity, the Parties any party hereto shall be entitled to an injunction or injunctions, without proof of damages, seek injunctive relief to prevent breaches any breach of this Agreement and to enforce specifically the terms and provisions of this Agreementhereof.

Appears in 6 contracts

Samples: Transaction Support Agreement (Cypress Semiconductor Corp /De/), Merger Agreement (Cypress Semiconductor Corp /De/), Merger Agreement (Simtek Corp)

Specific Performance. The Parties acknowledge and agree that irreparable damage would occur in the event that any of the provisions of this Agreement or any of the Ancillary Agreements to which it is a party were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, that the Parties shall be entitled to an injunction or injunctions, without proof of damages, injunctions to prevent or cure breaches of the provisions of this Agreement and such Ancillary Agreement and to enforce specifically the terms and provisions of hereof and thereof, this Agreementbeing in addition to any other remedy to which they may be entitled by law or equity.

Appears in 6 contracts

Samples: Master Separation Agreement (Lazard LTD), Master Separation Agreement (Lazard LTD), Master Separation Agreement (Lazard LTD)

Specific Performance. The Parties 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, and that monetary damages, even if available, would not be an adequate remedy therefor. It is accordingly agreed that, in addition prior to any other applicable remedies at Law or equitythe termination of this Agreement pursuant to Article 9, the Parties each Party shall be entitled to seek an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement, in addition to any other remedy to which such Party is entitled at Law or in equity.

Appears in 6 contracts

Samples: Merger Agreement (Kimco Realty Corp), Merger Agreement (RPT Realty), Merger Agreement (Retail Properties of America, Inc.)

Specific Performance. The 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 its specific terms or were otherwise breachedand that any remedy at law for any breach of the provisions of this Agreement would be inadequate. It Accordingly, it is accordingly agreed that, in addition to any other applicable remedies at Law or equity, that the Parties shall be entitled to an injunction or injunctions, without proof of damages, to prevent breaches of this Agreement and injunctions to enforce specifically the terms and provisions of this Agreementhereof.

Appears in 6 contracts

Samples: Shareholders Agreement, Shareholders Agreement (GeoPark LTD), Shareholders Agreement (GeoPark LTD)

Specific Performance. The Parties parties agree that irreparable damage would occur in the event that any of the provisions of this Agreement or of any other agreement between them with respect to the Transfer were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, the Parties parties shall be entitled to an injunction or injunctions, without proof of damages, to prevent breaches of this Agreement or of any other agreement between them with respect to the Transfer and to enforce specifically the terms and provisions of this Agreement.

Appears in 6 contracts

Samples: Membership Interest Purchase Agreement (Brookfield Retail Holdings VII LLC), Membership Interest Purchase Agreement (Brookfield Retail Holdings VII LLC), Membership Interest Purchase Agreement (Brookfield Retail Holdings VII LLC)

Specific Performance. The Parties parties agree that irreparable damage would occur and that the parties would not have any adequate remedy at Law 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, in addition to any other applicable remedies at Law or equity, that the Parties parties shall be entitled to seek an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement and to seek to enforce specifically the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.

Appears in 6 contracts

Samples: Voting and Support Agreement (Malone John C), Voting Agreement (Lions Gate Entertainment Corp /Cn/), Voting Agreement (Discovery Communications, Inc.)

Specific Performance. The Parties agree that irreparable damage would occur in the event that that, prior to Closing, any of the provisions of this Agreement were are not performed in accordance with their specific terms or were are otherwise breached. It is The Parties accordingly agreed agree that, in addition to any other applicable remedies available at Law law or in equity, prior to Closing the Parties shall be entitled to an injunction or injunctionsseek a temporary restraining order and a preliminary and permanent injunction, without proof the necessity of damagesproving actual damages or posting any bond or security, to prevent breaches a breach of this Agreement and to enforce specifically the terms and provisions of this Agreement.

Appears in 6 contracts

Samples: Combination Agreement (F5 Finishes, Inc), Combination Agreement (F5 Finishes, Inc), Combination Agreement (F5 Finishes, Inc)

Specific Performance. The Parties agree parties hereto acknowledge 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, in addition to any other applicable remedies at Law or equityAccordingly, the Parties parties hereto agree that an aggrieved party shall be entitled to an injunction or injunctions, without proof of damages, injunctive relief to prevent breaches of this Agreement and to enforce specifically the terms and provisions of hereof in any court having jurisdiction, this Agreementbeing in addition to any other right or remedy to which such party may be entitled under this Agreement at law, or in equity.

Appears in 6 contracts

Samples: Stockholder Agreement, Merger Agreement (Lecroy Corp), Stockholder Agreement (Teledyne Technologies Inc)

Specific Performance. The Parties agree Each party acknowledges and agrees 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 breachedbreached and that money damages would not be an adequate remedy for any such breach. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, that the Parties parties shall be entitled to an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement, this being in addition to any other remedy to which such party is entitled at law or in equity.

Appears in 5 contracts

Samples: Purchase Agreement (TransDigm Group INC), Purchase Agreement (Aar Corp), Purchase Agreement (Aar Corp)

Specific Performance. The Parties parties acknowledge and agree that irreparable damage would occur result 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, in addition to any other applicable remedies at Law or equity, the Parties that each party shall be entitled to an injunction or injunctionsother equitable relief, without proof the necessity of damagesposting a bond, to prevent or cure breaches of the provisions of this Agreement and to enforce specifically the terms and provisions of thereof, this Agreementbeing in addition to any other remedy to which the parties may be entitled by law or equity.

Appears in 5 contracts

Samples: Investment Agreement (Milestone Scientific Inc.), Investment Agreement (Sophiris Bio Inc.), Investment Agreement (Talon Therapeutics, Inc.)

Specific Performance. The Parties parties 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 is accordingly agreed that, in addition to any other applicable remedies at Law or equity, that the Parties parties shall be entitled to an injunction or injunctions, without proof of damages, injunctions to prevent or cure breaches of the provisions of this Agreement and to enforce specifically the terms and provisions of hereof, this Agreementbeing in addition to any other remedy to which they may be entitled by law or equity.

Appears in 5 contracts

Samples: Registration Rights Agreement (Imperial Capital Group, Inc.), Registration Rights Agreement (Imperial Capital Group, Inc.), License Agreement (Lazard LTD)

Specific Performance. The Parties 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 thatAccordingly, subject to the limitations set forth in addition to any other applicable remedies at Law or equitythis Section 7.8, each of the Parties shall be entitled to an injunction or injunctions, without proof of damages, to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement and to obtain an injunction, injunctions or any form of equitable relief to prevent or remedy breaches of this Agreement. Each Party hereby waives any requirement for the security or posting of any bond in connection with any such equitable remedy.

Appears in 5 contracts

Samples: Transition Services Agreement (Vistra Energy Corp), Transition Services Agreement (Vistra Energy Corp), Transition Services Agreement (Energy Future Competitive Holdings Co LLC)

Specific Performance. The Parties 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 breached. It is accordingly agreed Accordingly, the parties agree that, in addition to any other applicable remedies at Law or equityremedies, the Parties each party shall be entitled to an injunction or injunctions, without proof of damages, to prevent breaches enforce the terms of this Agreement and to enforce specifically by a decree of specific performance without the terms and provisions necessity of this Agreementproving the inadequacy of money damages as a remedy. Each party hereby waives any requirement for the securing or posting of any bond in connection with such remedy.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (ZeroFox Holdings, Inc.), Asset Purchase Agreement (Emerald Holding, Inc.), Asset Purchase and Sale Agreement

Specific Performance. The Parties parties hereto agree that irreparable damage would occur to a party 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, in addition to that any other applicable remedies at Law or equity, the Parties party shall be entitled to an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement agreement by any other party and to enforce specifically specifically, to the fullest extent available, the terms and provisions hereof, including each party's obligation to close, in any court of the United States or any state having jurisdiction, this Agreementbeing in addition to any other right or remedy to which any party is entitled at law or in equity.

Appears in 5 contracts

Samples: Merger Agreement (U S Technologies Inc), Merger Agreement (Jarabek Barbara), Merger Agreement (On Site Sourcing Inc)

Specific Performance. The 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 breached. It is accordingly agreed thatThe Parties further agree that each party shall be entitled to seek specific performance of the terms hereof and immediate injunctive relief and other equitable relief to prevent breaches, or threatened breaches, of this Agreement, without the necessity of proving the inadequacy of money damages as a remedy and without bond or other security being required, this being in addition to any other applicable remedies remedy to which they are entitled at Law law or in equity, the Parties shall be entitled to an injunction or injunctions, without proof of damages, to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement.

Appears in 5 contracts

Samples: Lock Up/Leak Out Agreement (MGO Global Inc.), Lock Up Agreement (GoGreen Investments Corp), Lock Up Agreement (GoGreen Investments Corp)

Specific Performance. The Parties acknowledge and agree that irreparable damage would occur in the event that any of the provisions of this Letter Agreement were not performed in accordance with their its specific terms or were otherwise breached. It is accordingly agreed Accordingly, the Parties agree that, in addition to any other applicable remedies right or remedy to which a party may be entitled at Law or in equity, the Parties they each shall be entitled to an injunction or injunctions, without proof of damages, to prevent breaches enforce any provision of this Option Agreement by a decree of specific performance and to enforce specifically the terms obtain temporary, preliminary and provisions of this Agreementpermanent injunctive relief.

Appears in 4 contracts

Samples: Letter Agreement (Hightimes Holding Corp.), Letter Agreement (Hightimes Holding Corp.), Letter Agreement (Hightimes Holding Corp.)

Specific Performance. The Parties 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 breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, the Parties parties shall be entitled to an injunction or injunctions, without proof of damages, to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement.

Appears in 4 contracts

Samples: Private Placement Purchase Agreement, Private Placement Purchase Agreement (Tremont Mortgage Trust), Private Placement Purchase Agreement (Tremont Mortgage Trust)

Specific Performance. The 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 breached. It is accordingly agreed thatAccordingly, in addition to any other applicable remedies at Law or equity, the Parties each Party shall be entitled to obtain an injunction or injunctions, without proof of damages, restraining order to prevent threatened, actual or continuing breaches of this Agreement and to enforce specifically the terms and provisions of hereof, in each case without the requirement to post any bond or other security or to prove actual damages or that money damages would be inadequate, this being in addition to any other right or remedy to which such Party may be entitled under this Agreement, at law or in equity.

Appears in 4 contracts

Samples: Non Redeemption Agreement (Chijet Motor Company, Inc.), Non Redeemption Agreement (Jupiter Wellness Acquisition Corp.), Non Redemption and Share Forward Agreement (Thunder Bridge Capital Partners IV, Inc.)

Specific Performance. The Parties agree Each of the parties hereto agrees 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, in addition to any other applicable remedies at Law remedy that a party hereto may have under law or in equity, the Parties and notwithstanding any other provision of this Agreement, any party hereto shall be entitled to an injunction or injunctions, without proof of damages, injunctive relief to prevent breaches any breach or threatened breach of this Agreement and to enforce specifically the terms and provisions of this Agreementhereof.

Appears in 4 contracts

Samples: Securityholder Tender and Support Agreement, Securityholder Tender and Support Agreement (Forest Laboratories Inc), Securityholder Tender and Support Agreement (Forest Laboratories Inc)

Specific Performance. The Parties 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 breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, that the Parties parties shall be entitled to an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement, this being in addition to any other remedy to which such party is entitled at law or in equity.

Appears in 4 contracts

Samples: Stock Purchase Agreement (J2 Global, Inc.), Merger Agreement (Mid-State Bancshares), Merger Agreement (Vib Corp)

Specific Performance. The 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 breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, that the Parties shall be entitled to seek an injunction or injunctions, without proof of damages, 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 Agreementbeing in addition to any other remedy to which they are entitled at law or in equity.

Appears in 4 contracts

Samples: License Agreement (Catapult Communications Corp), License Agreement (Tekelec), International Rights License Agreement (Catapult Communications Corp)

Specific Performance. The Parties hereto agree that irreparable damage would occur in the event that if any of the provisions provision of this Agreement were not performed in accordance with their specific the terms or were otherwise breached. It is accordingly agreed thathereof for which money damages, in addition to any other applicable remedies at Law or equityeven if available, would not be an adequate remedy, and that the Parties shall be entitled to an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement and or to enforce specifically the performance of the terms and provisions of this Agreement.hereof in the courts referred to in Section 11.12, in addition to any other remedy to which such Party may be entitled under this

Appears in 4 contracts

Samples: Merger Agreement (U.S. Well Services, Inc.), Merger Agreement (U.S. Well Services, Inc.), Merger Agreement (ProFrac 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 by the Company or Secure in accordance with their specific terms or were otherwise breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equityAccordingly, the Parties further agree that prior to the termination of this Agreement in accordance with Section 7.1, each Party shall be entitled to seek an injunction or injunctions, without proof of damages, restraining order to prevent breaches of this Agreement and to seek to enforce specifically the terms and provisions of hereof, this being in addition to any other right or remedy to which such Party may be entitled under this Agreement, at law or in equity.

Appears in 4 contracts

Samples: Contribution Agreement (Secure America Acquisition CORP), Operating Agreement (Ultimate Escapes, Inc.), Operating Agreement (Secure America Acquisition 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 intent or were otherwise breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, that the Parties parties shall not be entitled to an injunction or injunctions, without proof of damagesbond, to prevent or cure breaches of the provisions of this Agreement and to enforce specifically the terms and provisions hereof, this being in addition to any other remedy to which they may be entitled by law or equity, and any party sued for breach of this AgreementAgreement expressly waives any defense that a remedy in damages would be adequate.

Appears in 4 contracts

Samples: Standstill and Stock Restriction Agreement (Intraware Inc), Standstill and Stock Restriction Agreement (Digital River Inc /De), Standstill and Stock Restriction Agreement (Commerce One Inc)

Specific Performance. The Parties hereto agree that irreparable damage would occur in the event that any of the terms or provisions of this Agreement were not performed in accordance with their specific terms wording or were otherwise breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, that each of the Parties hereto shall be entitled to an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of this Agreementthe United States of America or any state having jurisdiction, such remedy being in addition to any other remedy to which any Party may be entitled at law or in equity.

Appears in 3 contracts

Samples: Stock Purchase and Sale Agreement (Mvii LLC), Stock Purchase and Sale Agreement (Dsi Toys Inc), Stock Purchase and Sale Agreement (Mvii LLC)

Specific Performance. The Parties agree Each of the parties hereto agrees 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, in addition to any other applicable remedies at remedy that a party hereto may have under Law or in equity, the Parties any party hereto shall be entitled to an injunction or injunctions, without proof of damages, seek injunctive relief to prevent breaches any breach of this Agreement and to enforce specifically the terms and provisions of this Agreementhereof.

Appears in 3 contracts

Samples: Merger Agreement (Kellwood Co), Merger Agreement (SCSF Equities, LLC), Merger Agreement (Kellwood Co)

Specific Performance. The 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 breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, that the Parties shall be entitled to an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.

Appears in 3 contracts

Samples: Share Purchase Agreement (Micron Technology Inc), Framework Agreement (Micron Technology Inc), Termination and Release Agreement (American Residential Investment Trust Inc)

Specific Performance. The 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 breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, that the Parties shall be entitled to an injunction or injunctions, without proof of damages, injunctions or other appropriate equitable relief to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement, in addition to any other remedy to which they are entitled at law or in equity.

Appears in 3 contracts

Samples: Investor Rights Agreement (Iac/Interactivecorp), Investor Rights Agreement (ANGI Homeservices Inc.), Merger Agreement (Iac/Interactivecorp)

Specific Performance. The Parties agree that irreparable damage would occur in the event that any of the provisions of this Agreement or of any other agreement between them with respect to the Transaction were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, the Parties and each intended third party beneficiary of this Agreement shall be entitled to an injunction or injunctions, without proof of damages, to prevent breaches of this Agreement or of any other agreement between them with respect to the Transaction and to enforce specifically the terms and provisions of this Agreement.

Appears in 3 contracts

Samples: Share Purchase Agreement (Select Income REIT), Share Purchase Agreement (Government Properties Income Trust), Share Purchase Agreement (Government Properties Income Trust)

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, in addition to any other applicable remedies at Law or equityAccordingly, the Parties parties further agree that each party shall be entitled to an injunction or injunctions, without proof of damages, restraining order to prevent breaches of this Agreement and to enforce specifically the terms and provisions of hereof, this being in addition to any other right or remedy to which such party may be entitled under this Agreement, at law or in equity.

Appears in 3 contracts

Samples: Voting Agreement (Prides Capital Partners, LLC), Voting Agreement (Ediets Com Inc), Voting Agreement (Ediets Com Inc)

Specific Performance. The Notwithstanding anything herein to the contrary, the 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 breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, that the Parties shall be entitled to seek an injunction or injunctions, without proof of damages, injunctions to prevent breaches any breach or threatened breach of this Agreement and to enforce specifically the terms and provisions of this Agreement, without the requirement to post a bond or other security, this being in addition to any other remedy to which they are entitled at law or in equity.

Appears in 3 contracts

Samples: Share Purchase Agreement, Share Purchase Agreement (AMERI Holdings, Inc.), Merger Agreement (AMERI Holdings, Inc.)

Specific Performance. The Parties hereto agree that irreparable damage harm would occur in the event that if any of the provisions of this Agreement were not performed in accordance with their specific terms on a timely basis or were otherwise breached. It is accordingly agreed that, in addition to any without posting bond or other applicable remedies at Law or equityundertaking, the Parties hereto shall be entitled to an injunction injunctive or injunctions, without proof of damages, other equitable relief to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement.terms

Appears in 3 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement (Entropic Communications Inc), Asset Purchase Agreement (Entropic Communications Inc)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Joinder Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, that the Parties parties shall be entitled to an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Joinder Agreement and to enforce specifically the terms and provisions of this Joinder Agreement, this being in addition to any other remedy to which such party is entitled at law or in equity.

Appears in 3 contracts

Samples: Joinder Agreement (Lion Fund, L.P.), Joinder Agreement (Lion Fund, L.P.), Joinder Agreement (Lion Fund, L.P.)

Specific Performance. The 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 breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, that the Parties shall be entitled to seek an injunction or injunctions, without proof of damages, 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 Agreementbeing in addition to any other remedy to which they are entitled at Law or in equity.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Star Equity Holdings, Inc.), Stock Purchase Agreement (Digirad Corp), Merger Agreement (LKQ Corp)

Specific Performance. The Parties 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 breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equityAccordingly, the Parties parties shall be entitled to an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement, in addition to any other remedy to which they are entitled at law or in equity.

Appears in 3 contracts

Samples: Membership Interest Purchase Agreement (BBQ Holdings, Inc.), Purchase Agreement (Quintiles Transnational Corp), Share Purchase Agreement (Rayovac Corp)

Specific Performance. The Parties 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 breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, that the Parties parties shall be entitled to an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity. Nothing contained herein shall prevent a party from seeking damages in the event that specific performance is not available.

Appears in 3 contracts

Samples: Stock and Asset Purchase Agreement (Be Aerospace Inc), Stock and Asset Purchase Agreement (Honeywell International Inc), Stockholders Agreement (Be Aerospace Inc)

Specific Performance. The Parties 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 breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equityAccordingly, the Parties parties further agree that each party shall be entitled to seek an injunction or injunctions, without proof of damages, restraining order to prevent breaches of this Agreement and to seek to enforce specifically the terms and provisions hereof in any court of competent jurisdiction (subject to the provisions of Section 11.3), this being in addition to any other right or remedy to which such party may be entitled under this Agreement, at law or in equity.

Appears in 3 contracts

Samples: Merger Agreement (Babyuniverse, Inc.), Merger Agreement (Oracle Healthcare Acquisition Corp.), Merger Agreement (eToys Direct, Inc.)

Specific Performance. The 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 breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, that each of the Parties shall be entitled to seek an injunction or injunctions, without proof of damages, using the process set out in Section 4.14 to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement, this being in addition to any other remedy to which such Party is entitled at law or in equity.

Appears in 3 contracts

Samples: Support Agreement (Brookfield Wealth Solutions Ltd.), Support Agreement (Brookfield Asset Management Reinsurance Partners Ltd.), Support Agreement (Brookfield Asset Management Inc.)

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Specific Performance. The Parties 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, in addition to any other applicable remedies at Law or equity, Accordingly the Parties parties further agree that each party shall be entitled to an injunction injunctions or injunctions, without proof of damages, restraining orders to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any of the Courts, this Agreementbeing in addition to any other remedy to which they are entitled at law or in equity.

Appears in 2 contracts

Samples: Preferred Stock Purchase Agreement (Alarmguard Holdings Inc), Preferred Stock Purchase Agreement (Tyco International LTD /Ber/)

Specific Performance. The 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 breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, that the Parties shall be entitled to seek an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of hereof, this Agreementbeing in addition to any other remedy to which they are entitled at law or in equity, and the Parties hereby agree to waive any requirements for posting a bond in connection with any such action.

Appears in 2 contracts

Samples: Investor Agreement (Red Lion Hotels CORP), Investor Agreement (HNA Investment Management LLC)

Specific Performance. The Parties 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 breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, that the Parties parties shall be entitled to an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled pursuant to this Agreement.

Appears in 2 contracts

Samples: Registration Rights Agreement (AdvancePierre Foods Holdings, Inc.), Registration Rights Agreement (AdvancePierre Foods Holdings, Inc.)

Specific Performance. The 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 terms, including the order of the transactions contemplated hereby, or were otherwise breached. It is accordingly agreed thatthat the Parties shall be entitled to specific performance of the terms and provisions hereof, in addition to any other applicable remedies remedy to which they are entitled at Law law or in equity, the Parties shall be entitled to an injunction or injunctions, without proof of damages, to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement.

Appears in 2 contracts

Samples: Implementation Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Implementation Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD)

Specific Performance. The Parties 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 breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, that the Parties parties shall be entitled to an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement, in addition to any other remedy to which they are entitled pursuant to the terms of this Agreement, at law or in equity.

Appears in 2 contracts

Samples: Asset Purchase Agreement (NexCen Brands, Inc.), Asset Purchase Agreement (Iconix Brand Group, Inc.)

Specific Performance. The 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 the terms hereof or were otherwise breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, that the Parties shall be entitled to an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement, in addition to any other remedy at law or equity.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Covol Technologies Inc), Asset Purchase Agreement (Covol Technologies Inc)

Specific Performance. The Parties agree Each Party agrees that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed by it in accordance with their specific terms or were otherwise breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, the Parties that each Party shall be entitled to an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of hereof, this Agreementbeing in addition to any other remedy to which such Party may be entitled at law or in equity.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Kinser C Wayne), Agreement and Plan of Reorganization (Equivest Finance Inc)

Specific Performance. The 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 breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, that the Parties shall be entitled to an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled pursuant to this Agreement.

Appears in 2 contracts

Samples: Merger Agreement (Craft Brewers Alliance, Inc.), Merger Agreement (Redhook Ale Brewery Inc)

Specific Performance. The Parties agree that irreparable damage would occur in the event that any of the provisions of this Agreement or of any other agreement between them with respect to the Transaction were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, the Parties shall be entitled to an injunction or injunctions, without proof of damages, to prevent breaches of this Agreement or of any other agreement between them with respect to the Transaction and to enforce specifically the terms and provisions of this Agreement.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Government Properties Income Trust), Stock Purchase Agreement (CommonWealth REIT)

Specific Performance. The Parties parties agree that irreparable damage would occur and that the parties would not have any adequate remedy at law 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, in addition to any other applicable remedies at Law or equity, that the Parties parties shall be entitled to an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement., this being in addition to any other remedy to which they are entitled at law or in equity. [Signature Page Follows]

Appears in 2 contracts

Samples: Merger Agreement (Emc Corp), Merger Agreement (Documentum Inc)

Specific Performance. The Parties agree that irreparable damage would occur in the event that if any of the provisions provision of this Agreement were not performed in accordance with their specific the terms or were otherwise breached. It is accordingly agreed that, in addition to hereof any other applicable remedies at Law or equity, that the Parties shall be entitled to an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement and or to enforce specifically the performance of the terms and provisions of this Agreementhereof, without bond or other security required, in addition to any other remedy to which they are entitled at law or in equity.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Homeland Security Capital CORP), Stock Purchase Agreement (DJSP Enterprises, Inc.)

Specific Performance. The 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 breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, that the Parties shall be entitled to an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of any state having jurisdiction, this Agreementbeing in addition to any other remedy to which they are entitled at law or in equity.

Appears in 2 contracts

Samples: Separation and Asset Purchase Agreement (Veraz Networks, Inc.), Separation and Asset Purchase Agreement (Veraz Networks, Inc.)

Specific Performance. The Parties 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 its specific terms or were was otherwise breached. It is accordingly agreed thatthat a party that is not in breach of its obligations under this Agreement may demand specific performance, in addition to any other applicable remedies at Law or equity, the Parties which case such Party shall be entitled to an injunction or injunctionsinjunction, without proof of damages, to prevent breaches of this Agreement and to enforce specifically the terms and provisions of hereof, this Agreementbeing in addition to any other remedy to which such Party is entitled at law or in equity.

Appears in 2 contracts

Samples: Founder Shares Purchase Agreement (Gardiner Healthcare Acquisitions Corp.), Founder Shares Purchase Agreement (Gardiner Healthcare Acquisitions Corp.)

Specific Performance. The Each of the Parties agree acknowledges and agrees that irreparable damage harm would occur in the event that if any of the provisions provision of this Agreement were not performed in accordance with their specific the terms thereof, or were otherwise breached, and that such harm could not be remedied by an award of damages. It is accordingly agreed that, in addition to any other applicable remedies at Law or equityAccordingly, the Parties hereto agree that any non-breaching Party shall be entitled to an injunction or injunctions, without proof of damages, to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreementhereof.

Appears in 2 contracts

Samples: Partnership Agreement (Toreador Resources Corp), Partnership Agreement (Toreador Royalty Corp)

Specific Performance. The Parties 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 its specific terms or were was otherwise breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, that the Parties parties shall be entitled to seek an injunction or injunctions, without proof of damages, injunctions as appropriate relief in order to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof, this being in addition to any other remedy to which they are entitled at law or in equity. No party shall object to the other parties’ right to specific performance as a remedy for breach of this Agreement.

Appears in 2 contracts

Samples: Merger Agreement (Xeta Technologies Inc), Merger Agreement (PAETEC Holding 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 by a party in accordance with their specific terms or were otherwise breachedbreached by a party hereto. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, the Parties that each party hereto shall be entitled to an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement by another party hereto and to enforce specifically the terms and provisions of hereof against another party hereto in any court having jurisdiction, this Agreementbeing in addition to any other remedy to which a party hereto is entitled at law or in equity.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Compass Group Diversified Holdings LLC), Merger Agreement (Rocket Lab USA, Inc.)

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 specific terms or were otherwise breached, and that monetary damages would not be sufficient. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, that the Parties parties shall be entitled to an injunction or injunctions, without proof the posting of damagesany bond, to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof, this being in addition to any other remedy to which any such party may be entitled pursuant to the terms of this Agreement.

Appears in 2 contracts

Samples: Subscription Agreement (21st Century Oncology Holdings, Inc.), Subscription Agreement (21st Century Oncology Holdings, Inc.)

Specific Performance. The Parties 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 breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, that the Parties parties shall be entitled to an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this AgreementAgreement in addition to any other remedy to which they are entitled at law or in equity.

Appears in 2 contracts

Samples: Voting Agreement (Burlington Coat Factory Warehouse Corp), Voting Agreement (Burlington Coat Factory Warehouse 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 its specific terms or were otherwise breached. It is accordingly agreed that, in addition to that any other applicable remedies at Law or equity, the Parties Party hereto shall be entitled to an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of hereof, this Agreementbeing in addition to any other remedy to which they are entitled hereunder or otherwise.

Appears in 2 contracts

Samples: License, Development and Engineering Agreement (American Sands Energy Corp.), License, Development and Engineering Agreement (American Sands Energy Corp.)

Specific Performance. The Parties hereto agree that irreparable damage would occur in the event that any of the provisions Section 5.13 of this Agreement were is not performed in accordance with their its specific terms or were otherwise breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, that the Parties shall will be entitled to an injunction or injunctions, without proof of damages, injunctions to prevent breaches of Section 5.13 of this Agreement and to enforce specifically the terms and provisions of thereof in any court having jurisdiction, this Agreementbeing in addition to any other remedy to which they are entitled at law or in equity.

Appears in 2 contracts

Samples: Merger Agreement (Caminosoft Corp), Merger Agreement (Shea Development Corp.)

Specific Performance. The Parties parties agree that irreparable damage would occur and that the parties would not have any adequate remedy at Law 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, in addition to any other applicable remedies at Law or equity, that the Parties parties shall be entitled to an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.

Appears in 2 contracts

Samples: Voting Agreement (General Communication Inc), Voting Agreement (Malone John C)

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 by the Company or the Parent or the Parent Subsidiaries in accordance with their specific terms or were otherwise breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equityAccordingly, the Parties further agree that prior to the termination of this Agreement in accordance with Section 7.1, each Party shall be entitled to seek an injunction or injunctions, without proof of damages, restraining order to prevent breaches of this Agreement and to seek to enforce specifically the terms and provisions of hereof, this being in addition to any other right or remedy to which such Party may be entitled under this Agreement, at law or in equity.

Appears in 2 contracts

Samples: Agreement and Plan of Reorganization (Alternative Asset Management Acquisition Corp.), Business Combination Agreement (57th Street General Acquisition Corp)

Specific Performance. The 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 breached. It is accordingly agreed Accordingly, the Parties agree that, in addition to any other applicable remedies at Law or equityremedies, the Parties each Party shall be entitled to an injunction or injunctions, without proof of damages, to prevent breaches enforce the terms of this Agreement and to enforce specifically the terms and provisions by a decree of this Agreementspecific performance.

Appears in 2 contracts

Samples: Share Purchase Agreement (Battery Future Acquisition Corp.), Securities Transfer Agreement (Tristar Acquisition I Corp.)

Specific Performance. The Parties hereto agree that irreparable damage would occur in the event that any of the provisions of this Agreement or any agreements contemplated hereby were not performed in accordance with their specific the terms or were otherwise breachedhereof and thereof. It is accordingly agreed Accordingly, the Parties agree that, in addition to any all other applicable remedies available to the Parties at Law or in equity, the Parties each of them shall be entitled to an injunction or injunctions, without proof of damages, injunctive relief to prevent breaches of the terms of this Agreement and to enforce specifically specific performance of the terms and provisions of this Agreementhereof.

Appears in 2 contracts

Samples: Equity Purchase Agreement (True Nature Holding, Inc.), Stock Purchase Agreement (Imprimis Pharmaceuticals, Inc.)

Specific Performance. The 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 breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, that each of the Parties shall be entitled to seek an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement, this being in addition to any other remedy to which such Party is entitled at law or in equity.

Appears in 2 contracts

Samples: Voting Agreement (Brookfield Asset Management Ltd.), Voting Agreement (Brookfield Asset Management Ltd.)

Specific Performance. The Parties agree hereto acknowledge that irreparable damage would occur in the event that any of the provisions of result if this Agreement were not performed in accordance with their specifically enforced, and they therefore consent that the rights and obligations of the parties under this Agreement may be enforced by a decree of specific terms or were otherwise breachedperformance issued by a court of competent jurisdiction. It is accordingly agreed thatSuch remedy shall, however, not be exclusive and, shall be in addition to any other applicable remedies at Law or equity, the Parties shall be entitled to an injunction or injunctions, without proof of damages, to prevent breaches of which any party may have under this Agreement and to enforce specifically the terms and provisions of this Agreementor otherwise.

Appears in 2 contracts

Samples: Merger Agreement (Us Industries Inc), Merger Agreement (Zurn Industries Inc)

Specific Performance. The Parties agree parties hereto acknowledge 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, in addition to any other applicable remedies at Law or equityAccordingly, the Parties parties hereto agree that an aggrieved party shall be entitled to an injunction or injunctions, without proof of damages, injunctive relief to prevent breaches of this Agreement and to enforce specifically the terms and provisions of hereof in any court having jurisdiction, this Agreementbeing in addition to any other right or remedy to which such party may be entitled under this Agreement at law or in equity.

Appears in 2 contracts

Samples: Voting Agreement (Celeritek Inc/Ca), Voting Agreement (Celeritek Inc/Ca)

Specific Performance. The Parties parties hereto agree that irreparable damage would occur to one party in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breachedbreached by the other party. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, the Parties that either party shall be entitled to seek an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement by the other party and to seek to enforce specifically the terms and provisions of this AgreementAgreement against the other party without bond or other security being required, this being in addition to any other remedy to which they are entitled at law or in equity.

Appears in 2 contracts

Samples: Merger Agreement (Nurx Pharmaceuticals, Inc.), Merger Agreement (Quantrx Biomedical Corp)

Specific Performance. The Parties hereto agree that irreparable damage would occur for which there is no adequate remedy at law 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, in addition to any other applicable remedies at Law or equity, that the Parties shall be entitled to an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions thereof in any court of the United States or any state having jurisdiction, it being agreed by the Parties that this Agreementis in addition to any other remedy to which they are entitled at law or in equity.

Appears in 2 contracts

Samples: Merger Agreement (Norwood Financial Corp), Merger Agreement (Norwood Financial Corp)

Specific Performance. The Parties agree that irreparable damage would occur in 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 is accordingly agreed that, in addition to any other applicable remedies at Law or equity, that the Parties shall be entitled to an injunction or injunctions, without proof of damages, to prevent breaches of this Agreement and injunctions to enforce specifically the terms performance of this Agreement in accordance with its terms. The foregoing is in addition to, and provisions not in lieu of, any other rights a Party may have in respect of a breach of this Agreement, whether at law or in equity. [Signatures on next pages.]

Appears in 2 contracts

Samples: Asset Purchase and Sale Agreement, Asset Purchase and Sale Agreement

Specific Performance. The 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 breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, that the Parties shall will be entitled to seek an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of appropriate jurisdiction, this Agreementbeing in addition to any other remedy to which they are entitled at law or in equity.

Appears in 2 contracts

Samples: Support and Exchange Agreement (Pyxus International, Inc.), Lock Up and Support Agreement (Arch Coal Inc)

Specific Performance. The Parties 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 its specific terms or were otherwise breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, by the Parties that each Party shall be entitled to an injunction or injunctions, without proof of damages, 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 without the requirement of posting a bond or other security, this Agreementbeing in addition to any other remedy to which such Party is entitled at Law or in equity.

Appears in 2 contracts

Samples: Merger Agreement (Skyworks Solutions, Inc.), Merger Agreement (Skyworks Solutions, Inc.)

Specific Performance. The 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 breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, that the Parties shall be entitled to an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this AgreementAgreement in any court of competent jurisdiction specified in Section 5.7, this being in addition to any other remedy to which they are entitled at law or in equity.

Appears in 2 contracts

Samples: Conversion Agreement (iMedicor), Conversion Agreement (iMedicor)

Specific Performance. The 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 breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, that the Parties shall be entitled to an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this AgreementAgreement in any court of competent jurisdiction specified in Section 6.7, this being in addition to any other remedy to which they are entitled at law or in equity.

Appears in 2 contracts

Samples: Recapitalization Agreement (iMedicor), Recapitalization Agreement (iMedicor)

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 intent or were otherwise breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, that the Parties parties shall be entitled to an injunction or injunctions, without proof the necessity of damagesposting any bond, to prevent or cure breaches of the provisions of this Agreement and to enforce specifically the terms and provisions hereof. The foregoing rights are in addition to any other remedy to which they may be entitled by law or equity. A party sued for breach of this AgreementAgreement expressly waives any defense that a remedy in damages would be adequate.

Appears in 2 contracts

Samples: Standstill Agreement (Lenox Group Inc), Standstill Agreement (Lenox Group 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, in addition to any other applicable remedies at Law or equity, that the Parties parties shall be entitled to an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of proper jurisdiction, including without limitation the obligation to close the Merger on the Closing Date pursuant to Section 1.4 hereof. Such remedies shall not be exclusive and shall be in addition to any other remedies that any party may have under Article IX of this Agreement.

Appears in 2 contracts

Samples: Merger Agreement (Knology Inc), Merger Agreement (Fisher Scientific International Inc)

Specific Performance. The Parties agree Each party agrees that irreparable damage would occur and that the parties would not have any adequate remedy at law 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, in addition to any other applicable remedies at Law or equity, that each of the Parties parties shall be entitled to an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.

Appears in 2 contracts

Samples: Services Agreement (Starz), Services Agreement (Liberty Spinco, Inc.)

Specific Performance. The Parties agree that irreparable damage would may occur in the event that if any of the provisions provision of this Agreement or any IVD Agreement were not performed in accordance with their the terms hereof and thereof and that the Parties shall be authorized and entitled to seek from any court of competent jurisdiction injunctive relief, whether preliminary or permanent, specific terms or were otherwise breached. It is accordingly agreed thatperformance and an equitable accounting of all earnings, profits and other benefits arising from such breach, in addition to any other applicable remedies at Law or equity, the Parties shall remedy to which such Party may be entitled to an injunction at law or injunctions, without proof of damages, to prevent breaches of this Agreement and to enforce specifically the terms and provisions of this Agreementin equity.

Appears in 2 contracts

Samples: Master Ivd Collaboration Agreement (Foundation Medicine, Inc.), Master Ivd Collaboration Agreement (Foundation Medicine, 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 was not performed in accordance with their its specific terms or were was otherwise breached. It is accordingly agreed that, in addition to any other applicable remedies at Law or equity, the Parties that each party shall be entitled to an injunction or injunctions, without proof of damages, injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions of hereof, this Agreementbeing in addition to any other remedy to which each party is entitled at law or in equity.

Appears in 2 contracts

Samples: Voting Agreement (LDR Holding Corp), Voting Agreement (RetailMeNot, Inc.)

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