Acceptance – Specific Performance Clause Samples

Acceptance – Specific Performance. If the Beneficiary wishes to enter into this Stock Options Acceleration Agreement, he/she shall comply with the acceptance process on the website ▇▇▇▇▇://▇▇▇▇▇▇▇-▇▇▇▇▇▇.▇▇▇▇▇▇.▇▇▇▇▇▇.▇▇▇/ by the last day of the Initial Offering Period (the “Acceptance Process”). Should the Beneficiary not enter into this Stock Options Acceleration Agreement in the manner and by the date referred to above, the Beneficiary shall be deemed to have finally and irrevocably waived and forfeited his/her right to enter into this Stock Options Acceleration Agreement. The Beneficiary is the only person who may decide to enter (or not) into this Stock Options Acceleration Agreement. In this respect, the Beneficiary is invited to consult his/her own specialized counsel if he/she wishes to obtain further information as to his/her rights and obligations hereunder. If the Beneficiary complies with the Acceptance Process, the Beneficiary (i) irrevocably undertakes to accept the Acceleration of the Accelerated Stock Options, the exercise of the Eligible Stock Options and the sale at the Sale Price of the Option Underlying Shares, and (ii) irrevocably accepts to be bound by the Underwater Stock Option Liquidity Agreement, without any further formality. In the event of breach, in addition to all other remedies which the non-breaching Party may have under applicable law, the non-breaching Party shall be entitled to specific performance (exécution forcée) and injunctive or equivalent relief in accordance with applicable law, including article 1221 of the draft order of the French Ministry of Justice (if applicable on the relevant date). In addition, each of the Parties agree to waive the benefit of article 1142 of the French Civil Code in the event of breach. This Agreement is made in electronic form according to the provisions of article 1325 of the French Civil code. Represented by: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Represented by: Represented by:
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Acceptance – Specific Performance. If the Beneficiary wishes to enter into this Performance Shares Acceleration Agreement, he/she shall comply with the acceptance process on the website ▇▇▇▇▇://▇▇▇▇▇▇▇-▇▇▇▇▇▇.▇▇▇▇▇▇.▇▇▇▇▇▇.▇▇▇/ by the last day of the Initial Offering Period (the “Acceptance Process”). Should the Beneficiary not enter into this Performance Shares Acceleration Agreement in the manner and by the date referred to above, the Beneficiary shall be deemed to have finally and irrevocably waived and forfeited his/her right to enter into this Performance Shares Acceleration Agreement. The Beneficiary is the only person who may decide to enter (or not) into this Performance Shares Acceleration Agreement. In this respect, the Beneficiary is invited to consult his/her own specialized counsel if he/she wishes to obtain further information as to his/her rights and obligations hereunder. In the event of breach, in addition to all other remedies which the non-breaching Party may have under applicable law, the non-breaching Party shall be entitled to specific performance (exécution forcée) and injunctive or equivalent relief in accordance with applicable law, including article 1221 of the draft order of the French Ministry of Justice (if applicable on the relevant date). In addition, each of the parties agree to waive the benefit of article 1142 of the French Civil Code in the event of breach. This Agreement is made in electronic form according to the provisions of article 1325 of the French Civil code. Represented by: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇
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Acceptance – Specific Performance. If the Beneficiary complies with the Acceptance Process of the Stock Options Acceleration Agreement, the Beneficiary irrevocably undertakes vis-a-vis Nokia to transfer to Nokia (and accept that the required instructions will be given to the Administrator) his/her Company Shares resulting from the exercise of his/her Stock Options during the Exercise Period and Nokia irrevocably undertakes vis-a-vis the Beneficiary to acquire such Company Shares in the conditions described in this Lock-Up Stock Options Liquidity Agreement. In the event of breach, in addition to all other remedies which the non-breaching Party may have under applicable law, the non-breaching Party shall be entitled to specific performance (exécution forcée) and injunctive or equivalent relief in accordance with applicable law, including article 1221 of the draft order of the French Ministry of Justice (if applicable on the relevant date). In addition, each of the Parties agree to waive the benefit of article 1142 of the French Civil Code in the event of breach.
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Acceptance – Specific Performance. If the Beneficiary complies with the Acceptance Process of the Stock Options Acceleration Agreement, the Beneficiary irrevocably undertakes vis-a-vis Nokia to transfer to Nokia (and accepts that the required instructions will be given to the Administrator) his/her Company Shares resulting from the exercise of his/her Stock Options which are in the scope of Article 3 of this Underwater Stock Options Liquidity Agreement and provided that the exercised occurred after the Reduced Liquidity Notification and Nokia irrevocably undertakes vis-a-vis the Beneficiary to acquire such Company Shares in the conditions described in this Underwater Stock Options Liquidity Agreement. In the event of breach, in addition to all other remedies which the non-breaching Party may have under applicable law, the non-breaching Party shall be entitled to specific performance (exécution forcée) and injunctive or equivalent relief in accordance with applicable law, including article 1221 of the draft order of the French Ministry of Justice (if applicable on the relevant date). In addition, each of the Parties agree to waive the benefit of article 1142 of the French Civil Code in the event of breach.
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Related to Acceptance – Specific Performance

  • Specific Performance The parties agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy to which they are entitled at law or in equity.

  • Right to Specific Performance THE COMPANY HEREBY ACKNOWLEDGES AND AGREES THAT THE DAMAGES TO BE INCURRED BY PARTICIPANT AS A RESULT OF THE COMPANY’S BREACH OF THIS AGREEMENT WILL BE DIFFICULT, IF NOT IMPOSSIBLE, TO ASCERTAIN, THAT DAMAGES WILL NOT BE AN ADEQUATE REMEDY AND THAT ANY BREACH OR THREATENED BREACH OF ANY OF THE PROVISIONS OF THIS AGREEMENT BY THE COMPANY MAY CAUSE IMMEDIATE IRREPARABLE HARM FOR WHICH THERE MAY BE NO ADEQUATE REMEDY AT LAW. ACCORDINGLY, THE PARTIES AGREE THAT, IN THE EVENT OF ANY SUCH BREACH OR THREATENED BREACH, PARTICIPANT SHALL BE ENTITLED TO IMMEDIATE AND PERMANENT EQUITABLE RELIEF (INCLUDING INJUNCTIVE RELIEF AND SPECIFIC PERFORMANCE OF THE PROVISIONS OF THIS AGREEMENT) FROM A COURT OF COMPETENT JURISDICTION (IN ADDITION TO ANY OTHER REMEDY TO WHICH IT MAY BE ENTITLED AT LAW OR IN EQUITY). THE PARTIES AGREE AND STIPULATE THAT PARTICIPANT SHALL BE ENTITLED TO SUCH EQUITABLE (INCLUDING INJUNCTIVE) RELIEF WITHOUT POSTING A BOND OR OTHER SECURITY AND THE COMPANY FURTHER WAIVES ANY DEFENSE IN ANY SUCH ACTION FOR SPECIFIC PERFORMANCE OR INJUNCTIVE RELIEF THAT A REMEDY AT LAW WOULD BE ADEQUATE AND ANY REQUIREMENT UNDER LAW TO POST SECURITY AS A PREREQUISITE TO OBTAINING EQUITABLE RELIEF. NOTHING CONTAINED IN THIS SECTION SHALL LIMIT THE PARTIES’ RIGHT TO ANY REMEDIES AT LAW, INCLUDING THE RECOVERY OF DAMAGES FOR BREACH OF THIS AGREEMENT.

  • Specific Performance, Etc The parties recognize that if any provision of this Agreement is violated by the Company, Indemnitee may be without an adequate remedy at law. Accordingly, in the event of any such violation, Indemnitee shall be entitled, if Indemnitee so elects, to institute Proceedings, either in law or at equity, to obtain damages, to enforce specific performance, to enjoin such violation, or to obtain any relief or any combination of the foregoing as Indemnitee may elect to pursue.

  • Remedies; Specific Performance The Company stipulates that there would be no adequate remedy at law to the Holder of this Warrant in the event of any default or threatened default by the Company in the performance of or compliance with any of the terms of this Warrant and accordingly, the Company agrees that, in addition to any other remedy to which the Holder may be entitled at law or in equity, the Holder shall be entitled to seek to compel specific performance of the obligations of the Company under this Warrant, without the posting of any bond, in accordance with the terms and conditions of this Warrant in any court of the United States or any State thereof having jurisdiction, and if any action should be brought in equity to enforce any of the provisions of this Warrant, the Company shall not raise the defense that there is an adequate remedy at law. Except as otherwise provided by law, a delay or omission by the Holder hereto in exercising any right or remedy accruing upon any such breach shall not impair the right or remedy or constitute a waiver of or acquiescence in any such breach. No remedy shall be exclusive of any other remedy. All available remedies shall be cumulative.

  • Specific Performance; Injunctive Relief The parties hereto acknowledge that Parent will be irreparably harmed and that there will be no adequate remedy at law for a violation of any of the covenants or agreements of Stockholder set forth herein. Therefore, it is agreed that, in addition to any other remedies that may be available to Parent upon any such violation, Parent shall have the right to enforce such covenants and agreements by specific performance, injunctive relief or by any other means available to Parent at law or in equity.