Remedies Cumulative; Specific Performance. The rights and remedies of the Parties hereto shall be cumulative (and not alternative). The Parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement, for the benefit of any other party to this Agreement: (a) such other party shall be entitled (in addition to any other remedy at law or in equity that may be available to it) to seek: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such other party shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.
Appears in 4 contracts
Sources: Stock Purchase Agreement (Marygold Companies, Inc.), Membership Interest Purchase Agreement (Cleanspark, Inc.), Stock Purchase Agreement (Cleanspark, Inc.)
Remedies Cumulative; Specific Performance. The All rights and remedies of the Parties hereto shall be existing under this Agreement are cumulative (to, and not alternative)exclusive of, any rights or remedies otherwise available. The Parties Each party to this Agreement agree agrees that, in the event of any breach or threatened breach by any the other party to this Agreement of any covenant, obligation or other provision set forth in this Agreement, for the benefit of any other party to this Agreement: (a) such other party shall will be entitled entitled, without any proof of actual damages (and in addition to any other remedy at law or in equity that may be available to it) to seekto: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such other party shall will not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.
Appears in 4 contracts
Sources: Merger Agreement (Myos Rens Technology Inc.), Merger Agreement (Neurotrope, Inc.), Merger Agreement (DropCar, Inc.)
Remedies Cumulative; Specific Performance. The All rights and remedies of the Parties hereto shall be existing under this Agreement are cumulative (to, and not alternative)exclusive of, any rights or remedies otherwise available. The Parties to this Agreement agree Each Party agrees that, in the event of any breach or threatened breach by any party to this Agreement the other Party of any covenant, obligation or other provision set forth in this Agreement, for the benefit of any other party to this Agreement: (a) such other party shall first Party will be entitled entitled, without any proof of actual damages (and in addition to any other remedy at law or in equity that may be available to it) to seekto: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such other party shall first Party will not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.
Appears in 2 contracts
Sources: Share Exchange Agreement (Blackboxstocks Inc.), Securities Exchange Agreement (Blackboxstocks Inc.)
Remedies Cumulative; Specific Performance. The Except for the matters described in Section 8.3(d) as exclusive remedies, all rights and remedies of the Parties hereto shall be existing under this Agreement are cumulative (to, and not alternative)exclusive of, any rights or remedies otherwise available. The Parties to this Agreement agree Each Party agrees that, in the event of any breach or threatened breach by any party to this Agreement another Party of any covenant, obligation or other provision set forth in this Agreement, for the benefit of any other party to this Agreement: (a) such other party shall first Party will be entitled entitled, without any proof of actual damages (and in addition to any other remedy at law or in equity that may be available to it) to seekto: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such other party shall first Party will not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.
Appears in 2 contracts
Sources: Share Exchange Agreement (Biodel Inc), Share Exchange Agreement (Biodel Inc)
Remedies Cumulative; Specific Performance. The rights and remedies of the Parties parties hereto under this Agreement shall be cumulative (and not alternative). The Parties parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement of any covenant, obligation or other provision set forth in this Agreement, for the benefit of any other party to this Agreement: (a) such other party shall be entitled (in addition to any other remedy at law or in equity that may be available to it) to seekto: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such other party shall not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.
Appears in 2 contracts
Sources: Stock Purchase Agreement, Stock Purchase Agreement (OMNICELL, Inc)
Remedies Cumulative; Specific Performance. The All rights and remedies of the Parties hereto shall be existing under this Agreement are cumulative (to, and not alternative)exclusive of, any rights or remedies otherwise available. The Parties Each Party to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement the other Party of any covenant, obligation or other provision set forth in this Agreement, for the benefit of any other party to this Agreement: (a) such other party shall Party will be entitled entitled, without any proof of actual damages (and in addition to any other remedy at law or in equity that may be available to it) to seekto: (i) a decree or order Order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such other party shall Party will not be required to provide any bond or other security in connection with any such decree, order Order or injunction or in connection with any related action or Legal Proceeding.
Appears in 2 contracts
Sources: Merger Agreement (Minim, Inc.), Merger Agreement (Wavedancer, Inc.)
Remedies Cumulative; Specific Performance. The All rights and remedies of the Parties hereto shall be existing under this Agreement are cumulative (to, and not alternative)exclusive of, any rights or remedies otherwise available. The Parties Each Party to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement the other Party of any covenant, obligation or other provision set forth in this Agreement, for the benefit of any other party to this Agreement: (a) such other party shall Party will be entitled entitled, without any proof of actual damages (and in addition to any other remedy at law or in equity that may be available to it) to seekto: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such other party shall Party will not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.
Appears in 1 contract
Sources: Merger Agreement (Zev Ventures Inc.)
Remedies Cumulative; Specific Performance. The Except as expressly set forth in this Agreement, the rights and remedies of the Parties parties hereto shall be cumulative (and not alternative). The Parties parties to this Agreement agree that, in the event of any breach or threatened breach by any party to this Agreement hereto of any covenant, obligation or other provision set forth in this Agreement, for the benefit of any other party to this Agreement: (a) such each other party hereto shall be entitled entitled, without any proof of actual damages (and in addition to any other remedy at law or in equity that may be available to it) to seekto: (i) a decree or order an Order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such other no party shall not be required to provide any bond or other security in connection with any such decree, order or injunction Order or in connection with any related action or Legal Proceeding.
Appears in 1 contract
Remedies Cumulative; Specific Performance. The All rights and remedies of the Parties hereto shall be existing under this Agreement are cumulative (to, and not alternative)exclusive of, any rights or remedies otherwise available. The Parties Each Party to this Agreement agree agrees that, in the event of any breach or threatened breach by any party to this Agreement the other Party of any covenant, obligation or other provision set forth in this Agreement, for the benefit of any other party to this Agreement: (a) such other party shall Party will be entitled entitled, without any proof of actual damages (and in addition to any other remedy at law or in equity that may be available to it) to seekto: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such other party shall Party will not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.
Appears in 1 contract
Sources: Agreement and Plan of Merger and Reorganization (Ohr Pharmaceutical Inc)
Remedies Cumulative; Specific Performance. The Except for the matters described in Section 8.3(e) as exclusive remedies, all rights and remedies of the Parties hereto shall be existing under this Agreement are cumulative (to, and not alternative)exclusive of, any rights or remedies otherwise available. The Parties to this Agreement agree Each Party agrees that, in the event of any breach or threatened breach by any party to this Agreement another Party of any covenant, obligation or other provision set forth in this Agreement, for the benefit of any other party to this Agreement: (a) such other party shall first Party will be entitled entitled, without any proof of actual damages (and in addition to any other remedy at law or in equity that may be available to it) to seekto: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such other party shall first Party will not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.
Appears in 1 contract
Sources: Share Exchange Agreement (Spring Bank Pharmaceuticals, Inc.)
Remedies Cumulative; Specific Performance. The All rights and remedies of the Parties hereto shall be existing under this Agreement are cumulative (to, and not alternative)exclusive of, any rights or remedies otherwise available. The Parties Each party to this Agreement agree agrees that, in the event of any breach or threatened breach by any party to this Agreement the other Party of any covenant, obligation or other provision set forth in this Agreement, for the benefit of any other party to this Agreement: (a) such other party shall will be entitled entitled, without any proof of actual damages (and in addition to any other remedy at law or in equity that may be available to it) to seekto: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such other party shall will not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.
Appears in 1 contract
Remedies Cumulative; Specific Performance. The All rights and remedies of the Parties hereto shall be existing under this Agreement are cumulative (to, and not alternative)exclusive of, any rights or remedies otherwise available. The Parties Each Party to this Agreement agree agrees that, in the event of any breach or threatened breach by any party to this Agreement the other Party of any covenant, obligation or other provision set forth in this Agreement, for the benefit of any other party to this Agreement: (a) such other party shall Party will be entitled entitled, without any proof of actual damages (and in addition to any other remedy at law or in equity that may be available to it) to seekto: (i) a decree or order an Order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such other party shall Party will not be required to provide any bond or other security in connection with any such decree, order or injunction Order or in connection with any related action or Legal Proceeding.
Appears in 1 contract
Remedies Cumulative; Specific Performance. The All rights and remedies of the Parties hereto shall be existing under this Agreement are cumulative (to, and not alternative)exclusive of, any rights or remedies otherwise available. The Parties to this Agreement agree Each Party agrees that, in the event of any breach or threatened breach by any party to this Agreement another Party of any covenant, obligation or other provision set forth in this Agreement, for the benefit of any other party to this Agreement: (a) such other party shall first Party will be entitled entitled, without any proof of actual damages (and in addition to any other remedy at law or in equity that may be available to it) to seekto: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) such other party shall first Party will not be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related action or Legal Proceeding.
Appears in 1 contract
Sources: Share Exchange Agreement (GBS Inc.)