Common use of Specific Performance Clause in Contracts

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 135 contracts

Samples: Asset Purchase Agreement (Growlife, Inc.), Agreement and Plan of Merger, Agreement and Plan of Merger (Inogen Inc)

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Specific Performance. The parties hereto Parties to this Agreement agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist occur and money damages would may not be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereof, in a sufficient remedy. In addition to any other remedy at law or in equity, each of Purchaser and Seller shall be entitled to specific performance by the other Party of its obligations under this Agreement and immediate injunctive relief, without the necessity of proving the inadequacy of money damages as a remedy.

Appears in 25 contracts

Samples: Membership Interest Purchase Agreement (Clearway Energy, Inc.), Membership Interest Purchase Agreement (Clearway Energy LLC), Membership Interest Purchase Agreement (Clearway Energy LLC)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall will be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 22 contracts

Samples: Securities Purchase Agreement (P3 Health Partners Inc.), Securities Purchase Agreement (Chicago Pacific Founders UGP, LLC), Securities Purchase Agreement (P3 Health Partners Inc.)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were are not performed in accordance with their specific terms or were are otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 17 contracts

Samples: Asset Purchase Agreement (Accellent Corp.), Interest Purchase Agreement (Brimfield Precision LLC), Stock Purchase Agreement (Knight Energy Corp.)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereofhereof and immediate injunctive relief, without the necessity of proving the inadequacy of money damages as a remedy, in addition to any other remedy at law or equity.

Appears in 14 contracts

Samples: Shareholders Agreement (Fahnestock Viner Holdings Inc), Registration Rights Agreement (Oppenheimer Holdings Inc), Registration Rights Agreement (Fahnestock Viner Holdings Inc)

Specific Performance. The parties Parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties Parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 13 contracts

Samples: Equity Interest Purchase Agreement (Fortegra Group, LLC), Equity Interest Purchase Agreement (Fortegra Group, LLC), Equity Interest Purchase Agreement (Tiptree Inc.)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were are not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 11 contracts

Samples: Form of Shareholder Agreement (Istar Financial Inc), Shareholder Agreement (Istar Financial Inc), Shareholder Agreement (Istar Financial Inc)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law Law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law Law or in equity.

Appears in 11 contracts

Samples: Share Purchase Agreement (Gepco, Ltd.), Share Purchase Agreement (Wikifamilies, Inc.), Asset Purchase Agreement (American Scientific Resources Inc)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereof, without any requirement for securing or posting any bond, in addition to any other remedy at law or equity.

Appears in 10 contracts

Samples: Stock Option Agreement (Best Software Inc), Company Option Agreement (Kerr Group Inc), Stock Option Agreement (Sage Group PLC)

Specific Performance. The parties hereto Parties agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breachedterms, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties Parties shall be entitled to specific performance of the terms hereofhereof and immediate injunctive relief, without the necessity of proving the inadequacy of money damages as a remedy, in addition to any other remedy available at law or in equity.

Appears in 9 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement (Athlon Energy Inc.)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist exist, and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereof, without the posting of any bond whatsoever in addition to any other remedy at law or equity.

Appears in 9 contracts

Samples: Agreement and Plan of Merger (BPO Management Services), Agreement and Plan of Merger (Healthaxis Inc), Agreement and Plan of Merger (Expert Software Inc)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereofhereof (without requirement to post bond), in addition to any and all other remedy remedies at law or in equity.

Appears in 8 contracts

Samples: Agreement and Plan of Merger (Veterinary Centers of America Inc), Stockholders Agreement (Big 5 Sporting Goods Corp), Agreement and Plan of Merger (Interdent Inc)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed by the parties in accordance with their specific terms or were otherwise breachedbreached thereby, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties each party hereto shall be entitled to specific performance to prevent breaches of the provisions of this Agreement and to enforce specifically the terms and provisions hereof, in addition to any other remedy to which it may be entitled at law or in equity.

Appears in 7 contracts

Samples: Membership Interest Purchase Agreement (RCS Capital Corp), Membership Interest Purchase Agreement (Apollo Global Management LLC), Membership Interest Purchase Agreement (Apollo Global Management LLC)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereofhereof and immediate injunctive relief, in addition to any other remedy at law or equity.

Appears in 6 contracts

Samples: Purchase and Sale Agreement (Bell & Howell Co //), Stock Purchase Agreement (McLeodusa Inc), Stock Purchase Agreement (McLeodusa Inc)

Specific Performance. The parties hereto Parties agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breachedterms, irreparable damage would occur, no adequate remedy at law Law would exist and damages would be difficult to determine, and that the parties Parties shall be entitled to specific performance of the terms hereofhereof and immediate injunctive relief, without the necessity of proving the inadequacy of money damages as a remedy, in addition to any other remedy available at law or in equity.

Appears in 6 contracts

Samples: Purchase and Sale Agreement (Carbon Natural Gas Co), Purchase and Sale Agreement (Carbon Energy Corp), Purchase and Sale Agreement by And

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereofhereof (without the requirement of the posting of any bond or other security), in addition to any other remedy at law or equity.

Appears in 6 contracts

Samples: Share Exchange Agreement (Principal Solar, Inc.), Agreement and Plan of Merger (Novamex Energy Inc.), Securities Purchase Agreement (Homeseekers Com Inc)

Specific Performance. The parties hereto to this Agreement agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereofof this Agreement and immediate injunctive relief, without the necessity of proving the inadequacy of money damages as a remedy, in addition to any other remedy at law or in equity.

Appears in 6 contracts

Samples: Purchase Agreement (PostRock Energy Corp), Purchase Agreement (Vantage Drilling CO), Transaction Agreement (Texas Genco Inc.)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity, without any requirement to the securing or posting of any bond in connection with such remedy.

Appears in 6 contracts

Samples: Stock and Asset Purchase Agreement (American Standard Companies Inc), Acquisition Agreement (Valeant Pharmaceuticals International), Agreement and Plan of Merger (Teva Pharmaceutical Industries LTD)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law Law would exist and damages would be difficult to determine, and that the parties hereto shall be entitled to specific performance of the terms hereof, in addition to any other remedy available at law Law or in equity.

Appears in 6 contracts

Samples: Exchange Agreement, Stock Purchase Agreement (EPL Intermediate, Inc.), Stock Purchase Agreement (El Pollo Loco, Inc.)

Specific Performance. The parties hereto Parties agree that if any of the provisions of this Agreement were not performed by the Parties in accordance with their specific terms or were otherwise breachedbreached thereby, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall each Party will be entitled to specific performance to prevent breaches of the provisions of this Agreement and to enforce specifically the terms and provisions hereof, in addition to any other remedy to which it may be entitled at law or in equity.

Appears in 5 contracts

Samples: Release, (Schorsch Nicholas S), Release (RCS Capital Corp), Termination Agreement and Release (Spotlight Innovation, Inc.)

Specific Performance. The parties hereto Parties agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties Parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 5 contracts

Samples: Master Transaction Agreement (Enstar Group LTD), Stock Purchase Agreement (Ness Technologies Inc), Asset Purchase Agreement (Harbin Electric, Inc)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed by the parties hereto in accordance with their specific terms or were otherwise breachedbreached thereby at or prior to the Closing, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall each party hereto will be entitled to specific performance at or prior to the Closing to prevent such breaches of the provisions of this Agreement and to enforce specifically the terms and provisions hereof, in addition to any other remedy to which it may be entitled at law or in equity.

Appears in 5 contracts

Samples: Stock Purchase Agreement (Dealertrack Technologies, Inc), Stock Purchase Agreement (Dealertrack Technologies, Inc), Securities Purchase Agreement (Encore Capital Group Inc)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed by the parties hereto in accordance with their specific terms or were otherwise breachedbreached thereby, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall each party hereto will be entitled to specific performance to prevent breaches of the provisions of this Agreement and to enforce specifically the terms and provisions hereof, in addition to any other remedy to which it may be entitled at law or in equity.

Appears in 5 contracts

Samples: Agreement and Plan of Merger (ZAIS Financial Corp.), Sale and Purchase Agreement (J P Morgan Chase & Co), Sale and Purchase Agreement (E Trade Financial Corp)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their its specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine; accordingly, and that the parties shall be entitled to specific performance of the terms hereofhereof or injunctive relief, in addition to any other remedy at law or in equity.

Appears in 5 contracts

Samples: Stock Purchase Agreement (Bolt Technology Corp), Purchase Agreement (Advanced Cell Technology, Inc.), Share Exchange Agreement (Clorox Co /De/)

Specific Performance. The parties hereto agree that that, if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or in equity. In furtherance, the parties hereto expressly agree that they will not be entitled to a resolution of this Agreement nor of the sale and transfer of the Shares to Purchaser, expressly hereby waiving the acción resolutoria.

Appears in 4 contracts

Samples: Share Purchase Agreement (Itau Unibanco Holding S.A.), Share Purchase Agreement (Saieh Bendeck Alvaro), Share Purchase Agreement (Itau Unibanco Holding S.A.)

Specific Performance. (a) The parties hereto agree that if any of the material provisions of this Agreement were are not performed in accordance with their specific terms or were are otherwise breached, irreparable damage would occur, no adequate remedy at law Law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereofof this Agreement, in addition to any other remedy at law or equity.

Appears in 4 contracts

Samples: Trademark License Agreement, Trademark License Agreement (Realogy Corp), Asset Purchase Agreement (Bank of Chile)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at of law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 4 contracts

Samples: Class I Junior Preferred Stock Subscription Agreement (Ual Corp /De/), First Refusal Agreement (Ual Corp /De/), Preferred Stockholders' Agreement (Ual Corp /De/)

Specific Performance. The parties Parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 4 contracts

Samples: Purchase Agreement (Crescent Banking Co), Master Purchase Agreement (Wells Timberland REIT, Inc.), Master Purchase Agreement (Wells Timberland REIT, Inc.)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law Law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law Law or equity.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Kenon Holdings Ltd.), Agreement and Plan of Merger (Alesco Financial Inc), Stock Purchase Agreement (E Trade Financial Corp)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were are not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 4 contracts

Samples: Stock Purchase Agreement (HUGHES Telematics, Inc.), Stock Purchase Agreement (HUGHES Telematics, Inc.), Stock Purchase Agreement (HUGHES Telematics, Inc.)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 4 contracts

Samples: Tender and Support Agreement (GTCR Gridlock Acquisition Sub, Inc.), Agreement and Plan of Merger (Tradestation Group Inc), Agreement and Plan of Merger (PMC Sierra Inc)

Specific Performance. The parties hereto agree Each party acknowledges that if any of the provisions of this Agreement were not performed by it in accordance with their specific terms or were otherwise breachedterms, irreparable damage to the other party would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties such other party shall be entitled to specific performance of the terms hereofhereof and immediate injunctive relief, without the necessity of proving the inadequacy of money damages as a remedy, in addition to any other remedy available at law or in equity.

Appears in 4 contracts

Samples: Investment Agreement (PDC Energy, Inc.), Investment Agreement (PDC Energy, Inc.), Asset Purchase and Sale Agreement (PDC Energy, Inc.)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties hereto shall be entitled (without necessity of posting bond or other security) to injunctive relief to prevent breaches of, and to specific performance of of, the terms provisions hereof, in addition to any other remedy at law or in equity. The rights and remedies of the parties hereto shall be cumulative (and not alternative).

Appears in 4 contracts

Samples: Share Purchase Agreement (Capital Eagle Global LTD), Stock Purchase Agreement (Select Medical Corp), Share Purchase Agreement (Capital Eagle Global LTD)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity. Nothing contained herein shall release any party from any liability arising from any breach of any of its representations, warranties, covenants or agreements in this Agreement.

Appears in 4 contracts

Samples: Voting Agreement (Cornerstone Properties Inc), Voting Agreement (Eop Operating LTD Partnership), Voting Agreement (Stichting Pensioenfonds Voor De Gezonheid Geest en Maat Bel)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that that, in the event of a breach or threatened breach of this Agreement, the parties shall be entitled to specific performance of the terms hereofperformance, injunctive or other equitable relief, in addition to any other remedy available at law or in equity, without posting bond or other undertaking.

Appears in 4 contracts

Samples: Interim Operating Agreement (Fao Inc), Transition Services Agreement (Right Start Inc /Ca), Operating Agreement (Right Start Inc /Ca)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties hereto shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Apple REIT Ten, Inc.), Voting Agreement (Apple REIT Ten, Inc.), Asset Purchase Agreement (Standard Management Corp)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law Law would exist and damages would be difficult to determine, and that the parties shall be entitled to seek specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 4 contracts

Samples: Contribution Agreement, Contribution Agreement (Dividend Capital Trust Inc), Securities Transfer Agreement (Sl Green Realty Corp)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed by the parties in accordance with their specific terms or were otherwise breachedbreached thereby, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall each party hereto will be entitled to specific performance to prevent breaches of the provisions of this Agreement and to enforce specifically the terms and provisions hereof, in addition to any other remedy to which it may be entitled at law or in equity.

Appears in 4 contracts

Samples: Transaction Agreement (Hennessy Advisors Inc), Transaction Agreement (Hennessy Advisors Inc), Transaction Agreement (Apollo Global Management LLC)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages Damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Michael Baker Corp), Asset Purchase Agreement (Mine Safety Appliances Co), Stock Purchase Agreement (Baker Michael Corp)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage damages would occur, no adequate remedy at law would exist and damages would be difficult to determine. Accordingly, and that the parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or in equity.

Appears in 4 contracts

Samples: Note Purchase Agreement (Deerfield Triarc Capital Corp), Agreement and Plan of Merger (Triarc Companies Inc), Agreement and Plan of Merger (Triarc Companies Inc)

Specific Performance. The parties hereto agree that if -------------------- any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 4 contracts

Samples: Agreement and Plan of Merger (Koo Koo Roo Inc/De), Share Exchange Agreement (International Cabletel Inc), Purchase Agreement (Dupont E I De Nemours & Co)

Specific Performance. The parties hereto Parties agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties Parties shall be entitled to specific performance of the terms hereofof this Agreement and immediate injunctive relief, without the necessity of proving the inadequacy of money damages as a remedy, in addition to any other remedy at law or in equity.

Appears in 4 contracts

Samples: Purchase and Sale Agreement (Inergy L P), Agreement for Purchase and Sale (Parker Drilling Co /De/), Agreement for Purchase and Sale (Parker Drilling Co /De/)

Specific Performance. The parties Parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties Parties shall be entitled to specific performance of the terms hereofof this Agreement, in addition to any other remedy at law or equity.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Halsey Drug Co Inc/New), Use and License Agreement (Halsey Drug Co Inc/New), Business Purchase Agreement (Phibro Animal Health Corp)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties hereto shall be entitled to specific performance of the terms hereofhereof (without the posting of any bond), in addition to any other remedy at law or equity.

Appears in 3 contracts

Samples: Escrow Agreement (Locateplus Holdings Corp), Asset Purchase Agreement (Bearingpoint Inc), Operating Lease Agreement (Locateplus Holdings Corp)

Specific Performance. The parties hereto Parties agree that if any of the -------------------- provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law Law would exist and damages would be difficult to determine, and that the parties shall Parties will be entitled to specific performance of the terms hereof, in addition to any other remedy at law Law or equity.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Group Maintenance America Corp), Agreement and Plan of Merger (Apollo Investment Fund Iv Lp), Agreement and Plan of Merger (Group Maintenance America Corp)

Specific Performance. The parties Parties hereto agree that that, if any of the provisions of this Agreement or any other document contemplated by this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that and, therefore, the parties Parties shall be entitled to specific performance of the terms hereofhereof and thereof, in addition to any other remedy at law or in equity.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (New Age Beverages Corp), Asset Purchase Agreement (New Age Beverages Corp), Noncompetition Agreement (New Age Beverages Corp)

Specific Performance. The parties hereto agree that that, if any of the provisions of this Agreement or any other document contemplated by this Agreement were not performed in accordance with their its specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that and, therefore, the parties shall be entitled to specific performance of the terms hereofhereof and thereof, in addition to any other remedy at law or in equity, and no bond or other security may be required from any party in connection therewith.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Steel Partners Holdings L.P.), Stock Purchase Agreement (Rogers Corp), Stock Purchase Agreement (Handy & Harman Ltd.)

Specific Performance. The parties hereto agree that if in the event any of the provisions provision of this Agreement were was not performed in accordance with their specific the terms or were otherwise breachedhereof, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall therefore be entitled to specific performance of the terms hereof, in addition to any other remedy that may be available to any of them at law or equityequity and, to the extent permitted by applicable law, each party waives any objection to the imposition of such relief.

Appears in 3 contracts

Samples: Registration Rights Agreement (Enterprise Products Partners L P), Registration Rights Agreement (Enterprise Products Partners L P), Registration Rights Agreement (Acin LLC)

Specific Performance. The Except as otherwise provided in Section 9.2(c), the parties hereto agree that if any of the provisions of this Agreement were are not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 3 contracts

Samples: Agreement and Plan of Reorganization (Republic Industries Inc), Agreement and Plan of Reorganization (Republic Industries Inc), Agreement and Plan of Reorganization (Guy Salmon Usa LTD)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement Plan were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall will be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (M&t Bank Corp), Agreement and Plan of Merger (Provident Bankshares Corp), Agreement and Plan of Merger (Sterling Financial Corp /Pa/)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall will be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 3 contracts

Samples: Exchange Agreement (Seritage Growth Properties), Exchange Agreement (Seritage Growth Properties), Exchange Agreement (Esl Partners, L.P.)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall be entitled to seek specific performance of on the terms hereof, in addition to any other remedy at law or equity.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Bel Fuse Inc /Nj), Merger Agreement (Collegiate Funding Services Inc), Merger Agreement (C&d Technologies Inc)

Specific Performance. The parties Parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties Parties shall be entitled to specific performance of the terms hereofhereof and immediate injunctive relief, without the necessity of proving the inadequacy of money damages as a remedy, in addition to any other remedy at law or in equity.

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Summit Midstream Partners, LP), Purchase and Sale Agreement (Summit Midstream Partners, LP), Purchase and Sale Agreement (Markwest Energy Partners L P)

Specific Performance. The parties hereto agree that if any material breach or attempted or threatened breach of the provisions of this Agreement were not performed could result in accordance with their specific terms or were otherwise breached, irreparable damage would occur, injury to the parties for which no adequate remedy at law would exist exist, and damages would be difficult to determine, and that the parties shall be entitled consent to specific performance of the terms hereof, in addition to without limiting the applicability of any other remedy at law or equity.

Appears in 3 contracts

Samples: Agreement and Plan of Merger, Agreement and Plan of Merger (Activision Inc /Ny), Agreement and Plan of Reorganization (Activision Inc /Ny)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not to be performed in accordance with their specific terms or were to be otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that in such circumstances the parties shall will be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 3 contracts

Samples: Voting and Support Agreement (Hain Celestial Group Inc), Voting and Support Agreement (Tendercare International Inc), Voting and Support Agreement (Spectrum Organic Products Inc)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their its specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist exist, and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 3 contracts

Samples: Supplemental Agreement (Capstead Mortgage Corp), Supplemental Agreement (Fortress Investment Corp), Supplemental Agreement (Fortress Registered Investment Trust)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not to be performed in accordance with as required by their specific terms or were to be otherwise breached, breached irreparable damage would will occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the such parties shall be entitled entitled, without the necessity of posting a bond or other security, to an injunction or injunctions to prevent breaches, and to specific performance of the terms hereofterms, of this Agreement, in addition to any other remedy at law or equity.

Appears in 3 contracts

Samples: Voting and Support Agreement (Sterling Bancorp, Inc.), Voting and Support Agreement (Sterling Bancorp, Inc.), Voting and Support Agreement (Shawn Michael)

Specific Performance. The parties hereto agree that if -------------------- any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereof, without any requirement for securing or posting any bond, in addition to any other remedy at law or equity.

Appears in 3 contracts

Samples: Stock Option Agreement (Sage Group PLC), Company Option Agreement (Saffron Acquisition Corp), Company Option Agreement (Sun Coast Industries Inc /De/)

Specific Performance. The Notwithstanding any other provision of this Agreement, the parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereofhereof and immediate injunctive relief, without the necessity of proving the inadequacy of money damages as a remedy, in addition to any other remedy at law or equity.

Appears in 3 contracts

Samples: Agreement and Plan of Merger And (Avis Rent a Car Inc), Agreement and Plan of Merger and Reorganization (Fah Co Inc), Agreement and Plan of Merger and Reorganization (Cendant Stock Corp)

Specific Performance. The parties hereto agree that that, if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage damages would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 3 contracts

Samples: Stock Purchase Agreement (Tucows Inc /Pa/), Purchase Agreement (Merge Technologies Inc), Share Purchase Agreement (Wendys International Inc)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were are not performed in accordance with their specific terms or were are otherwise breached, irreparable damage would occur, no adequate remedy at law Law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereofof this Agreement, in addition to any other remedy at law or equity.

Appears in 3 contracts

Samples: Agreement and Plan of Merger (Borland Software Corp), Agreement and Plan of Merger (Segue Software Inc), Stock Purchase Agreement (St Joe Co)

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Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were are not performed in accordance with their specific terms or were are otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equityin equity (but subject to Section 5.11). Purchaser hereby waives and agrees not to assert any defenses in an action for specific performance.

Appears in 3 contracts

Samples: Purchase Option Agreement, Purchase Option Agreement (Istithmar PJSC), Purchase Agreement (Norman Gregory John)

Specific Performance. The parties hereto Parties agree that if any of the provisions of this Agreement were are not performed in accordance with their specific terms or were otherwise breachedterms, irreparable damage would occur, no adequate remedy at law Law would exist and damages would be difficult to determine, and that the parties Parties shall be entitled to specific performance of the terms hereofhereof and immediate injunctive relief, without the necessity of proving the inadequacy of money damages as a remedy, in addition to any other remedy available at law Law or in equity.

Appears in 2 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement (Carrizo Oil & Gas Inc)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall will be entitled to specific performance of the terms hereofhereof and immediate injunctive relief, without the necessity of proving the inadequacy of money damages as a remedy, in addition to any other remedy at law or equity.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Nasdaq Stock Market Inc), Note Amendment Agreement (Nasdaq Stock Market Inc)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were are not performed by the parties hereto in accordance with their specific terms or were are otherwise breachedbreached thereby, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall each party hereto will be entitled to specific performance to prevent such breaches of the provisions of this Agreement and to enforce specifically the terms and provisions hereof, in addition to any other remedy to which it may be entitled, subject to Section 9.2, at law or in equity.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (American Capital, LTD), Purchase and Sale Agreement (American Capital Agency Corp)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereofhereof and immediate injunctive relief, without the necessity of proving the inadequacy of money damages as a remedy and without the necessity of posting any bond or other security, in addition to any other remedy at law or equity.

Appears in 2 contracts

Samples: Asset Purchase Agreement (3com Corp), Asset Purchase Agreement (Utstarcom Inc)

Specific Performance. The parties hereto agree that if any of the -------------------- provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereofhereof (without requirement to post bond), in addition to any and all other remedy remedies at law or in equity.

Appears in 2 contracts

Samples: Transaction Agreement (Green Equity Investors Iii Lp), Transaction Agreement (North Face Inc)

Specific Performance. The parties hereto agree that if a party materially breaches any of the provisions provision of this Agreement were not performed or materially fails to perform any provision in accordance with their its specific terms or were otherwise breachedterms, irreparable damage would could occur, no adequate remedy at law would Law may exist and damages would be difficult to determine, and that the parties each party shall be entitled to seek an injunction and/or specific performance of the terms hereofof this Agreement, in addition to any other remedy contractual remedy, at law law, in equity, or equityotherwise, to which it may be entitled.

Appears in 2 contracts

Samples: Repowering Services Agreement (Terraform Global, Inc.), Repowering Services Agreement (Terraform Global, Inc.)

Specific Performance. The parties hereto Parties agree that if any of the provisions of this Agreement were not performed by the parties hereto in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall each party hereto will be entitled to specific performance to prevent such breaches of the provisions of this Agreement and to enforce specifically the terms and provisions hereof, in addition to any other remedy to which it may be entitled at law or in equity.

Appears in 2 contracts

Samples: Preferred Partnership Agreement (Hartford Life Insurance Co), Preferred Partnership Agreement (Hartford Financial Services Group Inc/De)

Specific Performance. The parties Parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, determine and that the parties shall be entitled to seek and enforce specific performance of the terms hereofthis Agreement, in addition to any other remedy at law or equitylegal rights and remedies, without the necessity of demonstrating the inadequacy of monetary damages.

Appears in 2 contracts

Samples: Share Purchase Agreement, Share Purchase Agreement (International Paper Co /New/)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, determine and that the parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 2 contracts

Samples: Share Purchase Agreement (Chipmos Technologies Bermuda LTD), Registration Rights Agreement (Chipmos Technologies Bermuda LTD)

Specific Performance. (a) The parties hereto Parties agree that if any of the material provisions of this Agreement were are not performed in accordance with their specific terms or were are otherwise breached, irreparable damage would occur, no adequate remedy at law Law would exist and damages would be difficult to determine, and that the parties Parties shall be entitled to specific performance of the terms hereofof this Agreement, in addition to any other remedy at law or equity.

Appears in 2 contracts

Samples: Trademark License Agreement (Bank of Chile), Trademark License Agreement (Bank of Chile)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were are not performed in accordance with their specific terms or were are otherwise breached, irreparable damage would will occur, no adequate remedy at law would will exist and damages would will be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereof, as well as immediate injunctive relief, in addition to any other remedy at law or equity.

Appears in 2 contracts

Samples: Branding and Operating Agreement (Yell Finance Bv), Stock Purchase Agreement (McLeodusa Inc)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not to be performed in accordance with as required by their specific terms or were to be otherwise breached, irreparable damage would will occur, no adequate remedy at law Law would exist and damages would be difficult to determine, and that the such parties shall be entitled entitled, without the necessity of posting a bond or other security, to an injunction or injunctions to prevent breaches, and to specific performance of the terms hereofterms, of this Agreement, in addition to any other remedy at law Law or equity.

Appears in 2 contracts

Samples: Registration Rights Agreement (Us Bancorp \De\), Registration Rights Agreement (Us Bancorp \De\)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement or any other document contemplated by this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that and, therefore, the parties shall be entitled to seek specific performance of the terms hereofhereof and thereof, in addition to any other remedy at law or in equity.

Appears in 2 contracts

Samples: Debt Conversion Agreement (Granite City Food & Brewery LTD), Debt Conversion Agreement (InfoLogix Inc)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equityequity to which they are entitled.

Appears in 2 contracts

Samples: Stock Purchase Agreement, Stock Purchase Agreement

Specific Performance. (a) The parties hereto agree that if any of the provisions of this Agreement were are not performed in accordance with their specific terms or were are otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereofof this Agreement, in addition to any other remedy at law or equity.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Corel Corp), Agreement and Plan of Merger (Intervideo Inc)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, determine and that the parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 2 contracts

Samples: Stockholders Agreement (Pmi Group Inc), Agreement and Plan of Merger (Texas Utilities Co /Tx/)

Specific Performance. The parties hereto Parties agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties Parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or in equity.

Appears in 2 contracts

Samples: Share Purchase Agreement (Sun Cheng Yaw), Share Purchase Agreement (Sun Cheng Yaw)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity. The rights and remedies of the parties hereto shall be cumulative (and not alternative).

Appears in 2 contracts

Samples: Agreement and Plan of Merger (McKesson Corp), Agreement and Plan of Merger (US Oncology Holdings, Inc.)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereofof this Agreement, in addition to any other remedy at law or equity.

Appears in 2 contracts

Samples: Termination, Release and GPS Cart Systems Agreement (GPS Industries, Inc.), Stock Purchase Agreement (Napro Biotherapeutics Inc)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereof, without any requirement for securing or posting any bond, in addition to any other remedy at law or equity.. SECTION 5.2

Appears in 2 contracts

Samples: Agreement and Plan of Merger Agreement and Plan of Merger (Kerr Acquistion Corp), Company Option Agreement Stock Option Agreement (Kerr Acquistion Corp)

Specific Performance. The parties hereto agree that if a party materially breaches any of the provisions provision of this Agreement were not performed or materially fails to perform any provision in accordance with their its specific terms or were otherwise breachedterms, irreparable damage would could occur, no adequate remedy at law would Law may exist and damages would be difficult to determine, and that the parties each arty shall be entitled to seek an injunction and/or specific performance of the terms hereofof this Agreement, in addition to any other remedy contractual remedy, at law law, in equity, or equityotherwise, to which it may be entitled.

Appears in 2 contracts

Samples: Right of First Refusal Agreement, Repowering Services (TerraForm Power, Inc.)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereof (without the requirement of the posting of any bond or other security) as the sole and exclusive remedy for breach hereof, in addition to any other remedy at law or equity.

Appears in 2 contracts

Samples: Share Exchange Agreement (Rigby T Alec), Share Exchange Agreement (Rigby T Alec)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that and, therefore, the parties shall be entitled to seek specific performance of the terms hereof, in addition to any other remedy at law or in equity.

Appears in 2 contracts

Samples: Conversion Agreement (Hurvis John Thomas), Conversion Agreement (Kiphart Richard P)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed by any party hereto in accordance with their specific terms or were otherwise breachedbreached by any party hereto, irreparable damage would occur, no adequate remedy at law Law would exist and damages would be difficult to determine, and that the parties shall each non-breaching party would be entitled to specific performance to prevent breaches of the provisions of this Agreement and to enforce specifically the terms and provisions hereof, in addition to any other remedy to which they may be entitled at law Law or in equity.

Appears in 2 contracts

Samples: Purchase Agreement (Joy Global Inc), Merger Agreement (United Natural Foods Inc)

Specific Performance. The parties hereto Parties agree that if any of the provisions of this Agreement were or any other document contemplated by this Agreement are not performed in accordance with their specific terms or were are otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that and, therefore the parties Parties shall be entitled to specific performance of the terms hereofhereof and thereof, in addition to any other remedy at law or in equity.

Appears in 2 contracts

Samples: Membership Interest Purchase Agreement (Ayr Wellness Inc.), Membership Interest Purchase Agreement

Specific Performance. The parties hereto agree that that, if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law Law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law Law or in equity.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Teco Energy Inc), Securities Purchase Agreement (Teco Energy Inc)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall be entitled to seek specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (SAVVIS, Inc.), Merger Agreement (Atlantic Tele Network Inc /De)

Specific Performance. The parties hereto to this Agreement agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms terms, or were otherwise breached, irreparable damage may occur which would occur, be extremely impractical or difficult to measure and that as a result no adequate remedy at of law would exist and damages would be difficult to determine, and that may exist; accordingly the parties shall be entitled to specific performance of the terms hereofnon-defaulting party, in addition to any other remedy at law available rights or equityremedies, shall have the right to seek, in a court of competent jurisdiction, specific performance of the terms of this Agreement.

Appears in 2 contracts

Samples: Development Agreement (Progenics Pharmaceuticals Inc), Acquisition Right of First Negotiation Agreement (Crdentia Corp)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 2 contracts

Samples: Sale Agreement (Accelrys, Inc.), Sale Agreement (Symyx Technologies Inc)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, to the extent that irreparable damage would occur, may occur and no adequate remedy at law would exist and damages would be difficult to determineexists, and that then the parties shall be entitled to seek specific performance of the terms hereof, in addition to any other remedy at law Law or equity.

Appears in 2 contracts

Samples: Escrow Agreement (Network 1 Security Solutions Inc), Patent Purchase Agreement (Network 1 Security Solutions Inc)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not to be performed in accordance with as required by their specific terms or were to be otherwise breached, irreparable damage would will occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the such parties shall be entitled entitled, without the necessity of posting a bond or other security, to an injunction or injunctions to prevent breaches, and to specific performance of the terms hereofterms, of this Agreement, in addition to any other remedy at law or equity.

Appears in 2 contracts

Samples: Stock Purchase Agreement, Stock Purchase Agreement (PNC Financial Services Group Inc)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist exist, and damages would be difficult to determine, and that the parties shall be entitled to seek specific performance of the terms hereof, in addition to any other remedy at law without requiring proof of damages or equityposting of a bond. The rights and remedies of the parties shall be cumulative (and not alternative).

Appears in 2 contracts

Samples: Purchase Agreement (Enstar Group LTD), Recapitalization Agreement (Enstar Group LTD)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist exist, and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 2 contracts

Samples: Stock Purchase Agreement (National Oilwell Inc), Agreement of Merger (Valdina Corp N v Et Al)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereofthereof, in addition to any other remedy at law or equity.

Appears in 2 contracts

Samples: Willoughby International Stockholders Agreement (PBG Acquisition Corp), International Stockholders Agreement (Ico Inc)

Specific Performance. The parties hereto to this Agreement agree that if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached, irreparable damage would occur, no adequate remedy at law would exist and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereofof this Agreement and immediate injunctive relief, without the necessity of proving the inadequacy of money damages as a remedy, in addition to any other remedy at law or in equity.. 42

Appears in 2 contracts

Samples: Purchase and Sale Agreement      purchase and Sale Agreement, Purchase and Sale Agreement (International Power PLC)

Specific Performance. The parties hereto Parties agree that if any of the provisions provision of this Agreement were is not performed in accordance with their specific its terms or were is otherwise breached, irreparable damage harm would occur, no adequate remedy at law Law would exist exist, and damages would be difficult to determine, and that the parties Party or Parties not in breach shall be entitled to the remedy of specific performance of the terms hereof, in addition to any other remedy remedies that may be available at law Law or equityin equity by reason of such breach.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Limoneira CO), Agreement and Plan of Merger (Insurance Auto Auctions, Inc)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were are not performed in accordance with their specific terms or were are otherwise breached, irreparable damage would occur, no adequate remedy at law would exist exist, and damages would be difficult to determine, and that the parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or equity.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Xlconnect Solutions Inc), Agreement and Plan of Merger (Intelligent Electronics Inc)

Specific Performance. The parties hereto agree that if any of the provisions of this Agreement were not performed by the parties hereto in accordance with their specific terms or were otherwise breachedbreached thereby at or prior to the Closing, irreparable damage would occur, no adequate remedy at law Law would exist and damages would be difficult to determine, and that the parties shall each party hereto will be entitled to specific performance at or prior to the Closing to prevent such breaches of the provisions of this Agreement and to enforce specifically the terms and provisions hereof, in addition to any other remedy to which it may be entitled at law Law or in equity.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Coinstar Inc), Purchase and Sale Agreement (Coinstar Inc)

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