Other Remedies; Specific Performance. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party hereto shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by Law or equity upon such party, and the exercise by a party hereto of any one remedy will not preclude the exercise of any other remedy. The parties hereto agree that irreparable damage would occur in the event that any of the terms of this Agreement were not performed in accordance with its specific terms or were otherwise breached. It is accordingly agreed that the parties hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 6 contracts
Sources: General Assignment and Assumption Agreement (Maxtor Corp), Separation and Redemption Agreement (Maxtor Corp), Merger Agreement (Maxtor Corp)
Other Remedies; Specific Performance. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party hereto shall will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by Law law or equity or otherwise upon such party, and the exercise by a party hereto of any one remedy will not preclude the exercise of any other remedy. The parties hereto agree that irreparable damage would occur in the event that any of the terms provisions of this Agreement were not performed in accordance with its their specific terms or were otherwise breached. It is accordingly agreed that the parties hereto shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being jurisdiction in addition to any other remedy remedy, without proving actual damages, to which they are entitled at law or in equity.
Appears in 2 contracts
Sources: Merger Agreement (Diamond Multimedia Systems Inc), Merger Agreement (Micronics Computers Inc /Ca)
Other Remedies; Specific Performance. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party hereto shall will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by Law law or equity upon such party, and the exercise by a party hereto of any one remedy will not preclude the exercise of any other remedy. The parties hereto agree that irreparable damage would occur in the event that any of the terms provisions of this Agreement were not performed in accordance with its their specific terms or were otherwise breached. It is accordingly agreed that the parties hereto shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 2 contracts
Sources: Asset Purchase Agreement (Manufacturers Services LTD), Asset Purchase Agreement (Manufacturers Services LTD)
Other Remedies; Specific Performance. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party hereto shall will be deemed cumulative with and not Table of Contents exclusive of any other remedy conferred hereby, or by Law law or equity upon such party, and the exercise by a party hereto of any one remedy will not preclude the exercise of any other remedy. The parties hereto agree that irreparable damage would occur in the event that any of the terms provisions of this Agreement were not performed in accordance with its their specific terms or were otherwise breached. It is accordingly agreed that the parties hereto shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in the addition to any other remedy to which they are entitled at law or in equity.
Appears in 1 contract
Other Remedies; Specific Performance. Except as otherwise provided hereinin this Agreement, any and all remedies herein expressly conferred upon a party hereto shall the Lender will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by Law law or equity upon such party, and the exercise by a party hereto the Lender of any one remedy will not preclude the exercise of any other remedy. The parties hereto agree that irreparable damage would occur in the event that any of the terms provisions of this Agreement were not performed by the Borrowers in accordance with its their specific terms or were otherwise breached. It is The parties accordingly agreed agree that the parties hereto shall then Lender will be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy that the Lender is entitled to which they are entitled at law or in equity.
Appears in 1 contract
Sources: Debt Conversion Agreement (Terremark Worldwide Inc)
Other Remedies; Specific Performance. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party hereto shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by Law or equity upon such party, and the exercise by a party hereto of any one remedy will not preclude the exercise of any other remedy. The parties hereto agree that irreparable damage would occur in the event that any of the terms of this Agreement were not performed in accordance with its specific terms or were otherwise breached. It is accordingly agreed that the parties hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.and
Appears in 1 contract
Other Remedies; Specific Performance. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party hereto shall (including, without limitation, the remedies set forth in Section 8.2) will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by Law law or equity upon such party, and the exercise by a party hereto of any one remedy will not preclude the exercise of any other remedy. The parties hereto agree that irreparable damage would occur in the event that any of the terms provisions of this Agreement were not performed in accordance with its their specific terms or were otherwise breached. It is accordingly agreed that the parties hereto shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdictionjurisdiction under Section 9.13, this being in the addition to any other remedy to which they are entitled at law or in equity.
Appears in 1 contract
Sources: Merger Agreement (Nexmed Inc)
Other Remedies; Specific Performance. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party hereto shall be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by Law or equity upon such party, and the exercise by a party hereto of any one remedy will not preclude the exercise of any other remedy. The parties hereto agree that irreparable damage would occur in the event that any of the terms of this Agreement were not performed in accordance with its specific terms or were otherwise breached. It is accordingly agreed that the parties hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state or country having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 1 contract
Other Remedies; Specific Performance. Except as otherwise provided hereinset forth in Section 9.5, any and all remedies herein expressly conferred upon a party hereto shall will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by Law law or equity upon such party, and the exercise by a party hereto of any one remedy will not preclude the exercise of any other remedy. The parties hereto agree that irreparable damage would occur in the event that any of the terms provisions of this Agreement were not performed in accordance with its their specific terms or were otherwise breached. It is accordingly agreed that the parties hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 1 contract
Other Remedies; Specific Performance. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a any party hereto shall will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by Law law or equity upon such party, and the exercise by a any party hereto of any one remedy will not preclude the exercise of any other remedy. The parties hereto agree that irreparable damage would occur in the event that any of the terms provisions of this Agreement were not performed in accordance with its their specific terms or were otherwise breached. It is accordingly agreed that the parties hereto shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in addition to any other remedy to which they are may be entitled at law or in equity.
Appears in 1 contract
Sources: Merger Agreement (Lion Inc/Wa)
Other Remedies; Specific Performance. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party hereto shall will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by Law law or equity upon such party, and the exercise by a party hereto of any one remedy will not preclude the exercise of any other remedy. The parties hereto agree that irreparable damage would occur in the event that any of the terms provisions of this Agreement were not performed in accordance with its their specific terms or were otherwise breached. It is accordingly agreed that that, except as otherwise provided herein, the parties hereto shall be entitled to seek an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdiction, this being in the addition to any other remedy to which they are entitled at law or in equity.
Appears in 1 contract
Other Remedies; Specific Performance. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party hereto shall will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by Law or equity upon such party, and the exercise by a party hereto of any one remedy will not preclude the exercise of any other remedy. The parties hereto agree that irreparable damage would occur in the event that any of the terms provisions of this Agreement were not performed in accordance with its their specific terms or were otherwise breached. It is accordingly agreed by the parties hereto that the parties hereto shall be entitled to an injunction or injunctions injunctions, without the necessity of proving the inadequacy of money damages as a remedy and without the necessity of posting any bond or other security, to prevent breaches of the provisions of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdictionhereof, this being in addition to any other remedy to which they are the parties may be entitled at law or in equity.
Appears in 1 contract
Sources: Merger Agreement (Broadcom Corp)
Other Remedies; Specific Performance. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party hereto shall will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by Law law or equity upon such party, and the exercise by a party hereto of any one remedy will not preclude the exercise of any other remedy. The parties hereto agree that irreparable damage would occur in the event that any of the terms provisions of this Agreement were not performed in accordance with its their specific terms or were otherwise breached. It is accordingly agreed that the parties hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdictionthis Agreement, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 1 contract
Other Remedies; Specific Performance. Except as otherwise provided herein, any and all remedies herein expressly conferred upon a party hereto shall will be deemed cumulative with and not exclusive of any other remedy conferred hereby, or by Law law or equity upon such party, and the exercise by a party hereto of any one remedy will not preclude the exercise of any other remedy. The parties hereto agree that irreparable damage would occur in the event that any of the terms provisions of this Agreement were not performed in accordance with its their specific terms or were otherwise breached. It is accordingly agreed that the parties hereto shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of the United States or any state having jurisdictionCourt, this being in addition to any other remedy to which they are entitled at law or in equity.
Appears in 1 contract