Common use of Availability of Equitable Remedies Clause in Contracts

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Effective Time, in addition to any other right or remedy available to it, to an injunction restraining such breach or threatened breach and to specific performance of any such provision of this Agreement, and, in either case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 21 contracts

Sources: Merger Agreement (Cardax, Inc.), Agreement and Plan of Merger (Cardax, Inc.), Merger Agreement (Priced in Corp.)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Effective TimeClosing, in addition to any other right or remedy available to it, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, and, and in either case, case no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 21 contracts

Sources: Agreement and Plan of Reorganization (Media & Entertainment Com Inc), Acquisition and Share Exchange Agreement (Winsonic Digital Media Group LTD), Acquisition and Share Exchange Agreement (Winsonic Digital Media Group LTD)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Effective Timeany Closing, in addition to any other right or remedy available to it, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, and, and in either case, case no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 8 contracts

Sources: Preferred Stock Subscription Agreement (Abbott Gregory), Preferred Stock Subscription Agreement (Kriste George), Preferred Stock Subscription Agreement (Shield Juliet)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated compen sated by money damages, any party shall be entitled, either before or after the Effective Time, in addition to any other right or remedy available to it, to an injunction restraining such breach or threatened breach and to specific performance of any such provision of this Agreement, and, in either case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 6 contracts

Sources: Merger Agreement (Pangilinan Rich), Merger Agreement (Iparty Corp), Merger Agreement (Ninomiya Mori S)

Availability of Equitable Remedies. Since a breach of the provisions of this the Agreement could not adequately be compensated by money damages, any party either Party shall be entitled, either before or after the Effective Time, in addition to any other right or remedy available to it, to an injunction restraining such breach or threatened breach and to specific performance of any such provision of this the Agreement, and, in either case, no bond or other security shall be required in connection therewith, and the parties Parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 6 contracts

Sources: Acquisition Agreement (Auxer Group Inc), Acquisition Agreement (Auxer Group Inc), Plan of Acquisition (Auxer Group Inc)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Effective TimeClosing Date, in addition to any other right or remedy available to it, to seek an injunction restraining such breach or threatened breach and to seek specific performance of any such provision of this Agreement, and, in either case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 6 contracts

Sources: Membership Interest Sale Agreement (Alpha Investment Inc.), Sale Agreement (FC Global Realty Inc), Sale Agreement (First Capital Real Estate Trust Inc)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party the parties shall be entitledentitled before, either before or after the Effective Timeand only before, Closing, in addition to any other right or remedy available to itthem, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, and, ; and in either case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 6 contracts

Sources: Stock Purchase Agreement (Amedisys Inc), Asset Purchase Agreement (Amedisys Inc), Exchange Agreement (Amedisys Inc)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Effective TimeDate, in addition to any other right or remedy available to it, to an injunction restraining such breach or threatened breach and to specific performance of any such provision of this Agreement, and, in either case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 4 contracts

Sources: Contribution Agreement (Gadsden Growth Properties, Inc.), Omnibus Contribution Agreement (Gadsden Growth Properties, Inc.), Contribution Agreement (Gadsden Growth Properties, Inc.)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Effective TimeClosing, in addition to any other right or remedy available to it, to an injunction restraining such the breach or threatened breach and to specific performance of any such provision of this Agreement, and, in either case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 4 contracts

Sources: Acquisition Agreement (Fix Corp International Inc), Acquisition Agreement (Tenet Information Services Inc), Acquisition Agreement (Fix Corp International Inc)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement or any transaction contemplated hereby could not adequately be compensated by money damages, any a party shall be entitled, either before or after the Effective Time, in addition to any other right or remedy available to it, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, and, in either case, Agreement and no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 3 contracts

Sources: Management Agreement (Centerline Holding Co), Registration Rights Agreement (Centerline Holding Co), Registration Rights Agreement (Centerline Holding Co)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Effective TimeClosing, in addition to any other right or remedy available to it, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, and, and in either case, case no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 3 contracts

Sources: Stock Purchase Agreement (Drexel Burnham Lambert Real Estate Associates Iii), Subscription and Purchase Agreement (Insignia Financial Group Inc), Stock Purchase Agreement (Drexel Burnham Lambert Real Estate Associates)

Availability of Equitable Remedies. Since Each party acknowledges that a breach of the provisions of this Agreement could not adequately be compensated by money damages. Accordingly, any party shall be entitled, either before or after the Effective Time, in addition to any other right or remedy available to it, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, and, and in either case, case no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 3 contracts

Sources: Registration Rights Agreement (Cfi Proservices Inc), Registration Rights Agreement (Cfi Proservices Inc), Registration Rights Agreement (Cfi Proservices Inc)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party the Parties shall be entitledentitled before, either before or after the Effective Timeand only before, Closing, in addition to any other right or remedy available to itthem, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, and, ; and in either case, no bond or other security shall be required in connection therewith, and the parties Parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 2 contracts

Sources: Merger Agreement (Design Automation Systems Inc), Merger Agreement (Epicedge Inc)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement agreement could not adequately be compensated by money damages, any party to this agreement shall be entitled, either before or after the Effective Time, in addition to any other right or remedy available to it, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreementagreement, and, and in either case, case no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 2 contracts

Sources: Interest Purchase Agreement (California Real Estate Investment Trust), Preferred Share Purchase Agreement (California Real Estate Investment Trust)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated compen­sated by money damages, any party shall be entitled, either before or after the Effective Time, in addition to any other right or remedy available to it, to an injunction restraining such breach or threatened breach and to specific performance of any such provision of this Agreement, and, in either case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 2 contracts

Sources: Agreement and Plan of Merger (Media Exchange Group, Inc.), Merger Agreement (Media Exchange Group, Inc.)

Availability of Equitable Remedies. Since a A breach of the provisions of this Agreement could cannot adequately be compensated by money damages, any . Any party shall be entitled, either before or after the Effective Time, in addition to any other right or remedy available to ithim, to seek such equitable relief as may be granted by a court of competent jurisdiction, including obtaining an injunction injunction, restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, and, in either case, . In any such case no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 2 contracts

Sources: Stockholders Agreement (Kanders Warren B), Stockholders Agreement (Warren Russell F JR)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Effective TimeClosing, in addition to any other right or remedy available to it, to an injunction restraining such breach or threatened breach and to specific performance of any such provision of this Agreement, and, in either case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 2 contracts

Sources: Acquisition Agreement (PSPP Holdings Inc), Asset Purchase Agreement (Drug Guild Distributors Inc)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Effective TimeClosing, in addition to any other right or remedy available to it, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, and, . and in either case, case no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Star Services Group Inc), Asset Purchase Agreement (Maxplanet Corp)

Availability of Equitable Remedies. Since The Parties acknowledge and agree that (i) a breach of the provisions of this Agreement could may not adequately be compensated by money damages, and (ii) any party Party shall be entitled, either before or after the Effective TimeClosing, in addition to any other right or remedy available to it, to an injunction restraining such breach or threatened breach breach, and to specific performance of any such provision of this Agreement, and, in either case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 2 contracts

Sources: Asset Purchase Agreement (BOSTON OMAHA Corp), Asset Purchase Agreement (BOSTON OMAHA Corp)

Availability of Equitable Remedies. Since Without limiting the terms and provisions of Section 10 hereof, since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party the parties shall be entitledentitled before, either before or after the Effective Timeand only before, Closing, in addition to any other right or remedy available to itthem, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, and, ; and in either case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 1 contract

Sources: Stock Purchase Agreement (Amedisys Inc)

Availability of Equitable Remedies. Since Because a breach material Breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Effective TimeClosing, in addition to any other right or remedy available to it, to an injunction restraining such breach Breach or a threatened breach Breach and to specific performance of any such provision of this Agreement, and, and in either case, case no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 1 contract

Sources: Stock Purchase Agreement (Escalon Medical Corp)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Effective Time, in addition to any other right or remedy available to him or to it, to an injunction restraining such breach or threatened breach and to specific performance of any such provision of this Agreement, Agreement and, in either case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 1 contract

Sources: Purchase Agreement (Highway One Oweb Inc)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not fully and adequately be compensated by money damages, any party shall be entitled, either before or after the Effective TimeClosing, in addition to any other right or remedy available to it, to an injunction restraining such the breach or threatened breach and to specific performance of any such provision of this Agreement, and, in either case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 1 contract

Sources: Agreement (Mark Solutions Inc)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Effective TimeClosing, in addition to any other right or remedy available to it, . to an injunction restraining such breach or threatened breach and to specific performance of any such provision of this Agreement, and, in either case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 1 contract

Sources: Acquisition Agreement (UC Hub Group Inc)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated compen­sated by money damages, any party shall be entitled, either before or after the Effective TimeClosing, in addition to any other right or remedy available to it, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, and, and in either case, case no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 1 contract

Sources: Stock Purchase Agreement (Gse Systems Inc)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any non-breaching party shall be entitled, either before or after the Effective Time, in addition to any other right or remedy available to ithim, to an injunction restraining such breach or threatened breach and to specific performance of any such provision of this Agreement, and, and in either case, case no bond or other security shall be required in connection therewith, and the parties each party hereto hereby consent consents to the issuance of such an injunction and to the ordering of such specific performance.

Appears in 1 contract

Sources: Stockholders' Agreement (Theglobe Com Inc)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Effective Timedate of the execution and delivery hereof, in addition to any other right or remedy available to it, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, and, and in either case, case no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 1 contract

Sources: Termination Agreement (SRS Labs Inc)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Effective Time, entitled in addition to any other right or remedy available to it, to an injunction apply to a court of competent jurisdiction restraining such breach or threatened breach and to specific performance of any such provision of this Agreement, and, in either case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performancewherewith.

Appears in 1 contract

Sources: Exchange Agreement (Broadcast International Inc)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Effective TimeClosing, in addition to any other right or remedy available to it, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, and, and in either case, case no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.. 10.08

Appears in 1 contract

Sources: Stock Purchase Agreement (Orbit International Corp)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any either party shall be entitled, either before or after the Effective Time, in addition to any other right or remedy available to it, to an injunction restraining such breach or threatened breach and to specific performance of any such provision of this Agreement, and, in either case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 1 contract

Sources: Merger Agreement (Kinetiks Com Inc)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Effective TimeClosing, in addition to any other right or remedy available to it, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, and, in either case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 1 contract

Sources: Asset Purchase Agreement (Star Services Group Inc)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, damages any party shall be entitled, either before or after the Effective TimeClosing, in addition to any other right or remedy available to it, to an injunction restraining such breach or threatened breach and to specific performance of any such provision of this Agreement, and, in either case, no bond or other security shall be required in connection therewith, and the parties hereby herby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 1 contract

Sources: Share Exchange Agreement (L Air Holding Inc)

Availability of Equitable Remedies. Since a breach of the provisions ---------------------------------- of this Agreement could not adequately be compensated by money damages, any party the parties shall be entitledentitled before, either before or after the Effective Timeand only before, Closing, in addition to any other right or remedy available to itthem, to an injunction restraining such breach or a threatened breach and to specific performance of any such provision of this Agreement, and, ; and in either case, no bond or other security shall be required in connection therewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 1 contract

Sources: Asset Purchase Agreement (American International Assets Inc)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any party shall be entitled, either before or after the Effective Time, entitled in addition to any other right or remedy available to it, to an injunction restraining such breach or threatened breach and to specific performance of any such provision of this Agreement, and, in either case, no bond or other security shall be required in connection therewithwherewith, and the parties hereby consent to the issuance of such an injunction and to the ordering of specific performance.

Appears in 1 contract

Sources: Termination and Release Agreement (Broadcast International Inc)

Availability of Equitable Remedies. Since a breach of the provisions of this Agreement could not adequately be compensated by money damages, any non-breaching party shall be entitled, either before or after the Effective Time, in addition to any other right or remedy available to itavailable, to an injunction restraining such breach or threatened breach and to specific performance of any such provision of this Agreement, and, and in either case, case no bond or other security shall be required in connection therewith, and the parties each party hereto hereby consent consents to the issuance of such an injunction and to the ordering of such specific performance.

Appears in 1 contract

Sources: Stockholders' Agreement (Theglobe Com Inc)