Common use of Specific Performance and Other Remedies Clause in Contracts

Specific Performance and Other Remedies. The parties hereto each acknowledge that the rights of each party to consummate the transactions contemplated hereby are special, unique and of extraordinary character, and that, in the event that any party violates or fails or refuses to perform any covenant or agreement made by it herein, the non-breaching party may be without an adequate remedy at law. The parties each agree, therefore, that in the event that either party violates or fails or refuses to perform any covenant or agreement made by such party herein, the non-breaching party or parties may, subject to the terms of this Agreement and in addition to any remedies at law for damages or other relief, institute and prosecute an action in any court of competent jurisdiction to enforce specific performance of such covenant or agreement or seek any other equitable relief.

Appears in 13 contracts

Sources: Series E Convertible Preferred Stock Purchase Agreement (Fleetcor Technologies Inc), Asset Purchase Agreement (Dan River Inc /Ga/), Asset Purchase Agreement (Healthcare Recoveries Inc)

Specific Performance and Other Remedies. The parties hereto Parties each acknowledge that the rights of each party Party to consummate the transactions contemplated hereby by this Agreement are special, unique and of extraordinary character, character and that, in the event that any party Party violates or fails or refuses to perform any covenant or agreement made by it hereinin this Agreement, the non-breaching party Party may be without an adequate remedy at law. The parties each Parties agree, therefore, that in the event that either party any Party violates or fails or refuses to perform any covenant or agreement made by such party hereinParty in this Agreement, the non-breaching party Party or parties Parties may, subject to the terms of this Agreement and in addition to any remedies at law for damages or other relief, institute and prosecute an action in any court of competent jurisdiction to enforce specific performance of such covenant or agreement or seek any other equitable relief.

Appears in 6 contracts

Sources: Asset Purchase Agreement, Asset Purchase Agreement (PRGX Global, Inc.), Asset Purchase Agreement (Chase Corp)

Specific Performance and Other Remedies. The parties hereto each acknowledge Each Party acknowledges that the rights of each party Party to consummate the transactions contemplated hereby Transactions are special, unique and of extraordinary character, character and that, in the event that if any party Party violates or fails or refuses to perform any covenant or agreement made by it hereinin this Agreement, the non-breaching party Party or Parties may be without an adequate remedy at law. The parties each agreeNotwithstanding the provisions of Section 13.6, therefore, that in the event that either party if any Party violates or fails or refuses to perform any covenant or agreement made by such party hereinthe Party in this Agreement, the non-breaching party Party or parties Parties may, subject to the terms of this Agreement and in addition to any remedies remedy at law for damages or other relief, institute and prosecute an action a Proceeding in any court of competent jurisdiction to enforce specific performance of such the covenant or agreement or seek any other equitable relief.

Appears in 4 contracts

Sources: Transaction Agreement and Plan of Merger, Transaction Agreement and Plan of Merger (Sprint Nextel Corp), Transaction Agreement and Plan of Merger (Clearwire Corp)

Specific Performance and Other Remedies. The parties hereto each acknowledge that the rights of each party to consummate the transactions contemplated hereby by this Agreement are special, unique and of extraordinary character, and that, in the event that if any party violates or fails or refuses to perform any covenant or agreement made by it hereinin this Agreement, the non-breaching party may be without an adequate remedy at law. The parties each agree, therefore, that in the event that if either party violates or fails or refuses to perform any covenant or agreement made by such party hereinin this Agreement, the non-breaching party or parties may, subject to the terms of this Agreement seek remedies at law, including an action for damages arising from such violation or failure, and in addition to any remedies at law for damages or other relief, institute and prosecute an action in any court of competent jurisdiction to enforce specific performance of such covenant or agreement or seek any other equitable relief.

Appears in 2 contracts

Sources: Merger Agreement (Cruise America Inc), Merger Agreement (Budget Group Inc)

Specific Performance and Other Remedies. The parties hereto each acknowledge Each Party acknowledges that the rights of each party Party to consummate the transactions contemplated hereby Transactions are special, unique and of extraordinary character, character and that, in the event that if any party Party violates or fails or refuses to perform any covenant or agreement made by it hereinin this Agreement, the non-breaching party Party or Parties may be without an adequate remedy at law. The parties each agreeNotwithstanding the provisions of Section 7.6, therefore, that in the event that either party if any Party violates or fails or refuses to perform any covenant or agreement made by such party hereinthe Party in this Agreement, the non-breaching party Party or parties Parties may, subject to the terms of this Agreement and in addition to any remedies remedy at law for damages or other relief, institute and prosecute an action a Proceeding in any court of competent jurisdiction to enforce specific performance of such the covenant or agreement or seek any other equitable relief.

Appears in 2 contracts

Sources: Investment Agreement (Sprint Nextel Corp), Investment Agreement (Clearwire Corp /DE)

Specific Performance and Other Remedies. The parties hereto each acknowledge that the rights of each party to consummate the transactions contemplated hereby by this Agreement are special, unique and of extraordinary character, and that, in the event that if any party violates or fails or refuses to perform any covenant or agreement made by it hereinin this Agreement, the non-breaching party may be without an adequate remedy at law. The parties each agree, therefore, that in the event that if either party violates or fails or refuses to perform any covenant or agreement made by such party hereinin this Agreement, the non-non- breaching party or parties may, subject to the terms of this Agreement and in addition to any remedies at law for damages or other relief, institute and prosecute an action in any court of competent jurisdiction to enforce specific performance of such covenant or agreement or seek any other equitable relief.

Appears in 2 contracts

Sources: Merger Agreement (American Express Co), Merger Agreement (Rockford Industries Inc)

Specific Performance and Other Remedies. The parties hereto each acknowledge Each Party hereby acknowledges that the rights of each party Party to consummate the transactions contemplated hereby by this Agreement are special, unique and of extraordinary character, character and that, in the event that any party Party violates or fails or refuses to perform any covenant or agreement made by it hereinin this Agreement, the non-breaching party Party may be without an adequate remedy at law. The parties each agree, therefore, that in In the event that either party any Party violates or fails or refuses to perform any covenant or agreement made by such party hereinParty in this Agreement, the non-breaching party Party or parties Parties may, subject to the terms of this Agreement and in addition to any remedies remedy at law for damages or other relief, institute and prosecute an action in any court of competent jurisdiction to enforce specific performance of such covenant or agreement or seek any other equitable relief.

Appears in 1 contract

Sources: Agreement and Plan (Ems Technologies Inc)

Specific Performance and Other Remedies. The parties hereto Parties each acknowledge that the rights of each party Party to consummate the transactions contemplated hereby by this Agreement are special, unique and of extraordinary character, character and that, in the event that any party Party violates or fails or refuses to perform any covenant or agreement made by it hereinin this Agreement, the non-breaching party Party may be without an adequate remedy at lawLaw. The parties each Parties agree, therefore, that in the event that either party any Party violates or fails or refuses to perform any covenant or agreement made by such party hereinParty in this Agreement, the non-breaching party or parties Party may, subject to the terms of this Agreement and in addition to any remedies at law Law for damages or other relief, institute and prosecute an action in any court Court of competent jurisdiction to enforce specific performance of such covenant or agreement or seek any other equitable relief.

Appears in 1 contract

Sources: Merger Agreement (Internet Security Systems Inc/Ga)

Specific Performance and Other Remedies. The parties hereto each acknowledge Each Party acknowledges that the rights of each party Party to consummate the transactions contemplated hereby Transactions are special, unique and of extraordinary character, character and that, in the event that if any party Party violates or fails or refuses to perform any covenant or agreement made by it hereinin this Agreement, the non-breaching party Party or Parties may be without an adequate remedy at law. The parties each agreeNotwithstanding the provisions of Section 5.5, therefore, that in the event that either party if any Party violates or fails or refuses to perform any covenant or agreement made by such party hereinthe Party in this Agreement, the non-breaching party Party or parties Parties may, subject to the terms of this Agreement and in addition to any remedies remedy at law for damages or other relief, institute and prosecute an action a proceeding in any court of competent jurisdiction to enforce specific performance of such the covenant or agreement or seek any other equitable relief.

Appears in 1 contract

Sources: Investment Agreement (Sprint Nextel Corp)

Specific Performance and Other Remedies. The parties hereto each acknowledge that the rights of each party to consummate the transactions contemplated hereby by this Agreement are special, unique and of extraordinary character, and that, in the event that if any party violates or fails or refuses to perform any covenant or agreement made by it hereinin this Agreement, the non-breaching party may be without an adequate remedy at law. The parties each agree, therefore, that in the event that if either party violates or fails or refuses to perform any covenant or agreement A-40 41 made by such party hereinin this Agreement, the non-breaching nonbreaching party or parties may, subject to the terms of this Agreement and in addition to any remedies at law for damages or other relief, institute and prosecute an action in any court of competent jurisdiction to enforce specific performance of such covenant or agreement or seek any other equitable relief.

Appears in 1 contract

Sources: Merger Agreement (Harbinger Corp)

Specific Performance and Other Remedies. The parties hereto each --------------------------------------- acknowledge that the rights of each party to consummate the transactions contemplated hereby are special, unique and of extraordinary character, and that, in m the event that any party violates or fails or refuses to perform any covenant or agreement made by it herein, the non-breaching party may be without an adequate remedy at law. The parties each agree, therefore, that in the event that either party violates or fails or refuses to perform any covenant or agreement made by such party herein, the non-breaching party or parties may, subject to the terms of this Agreement and in addition to any remedies at law for damages or other relief, institute and prosecute an action in any court of competent jurisdiction to enforce specific performance of such covenant or agreement or seek any other equitable relief.

Appears in 1 contract

Sources: Asset Purchase Agreement (Westower Corp)

Specific Performance and Other Remedies. The parties hereto Parties each --------------------------------------- acknowledge that the each Party's rights of each party to consummate the transactions contemplated hereby by this Agreement are special, unique unique, and of extraordinary character, character and that, in the event that any party violates or fails or refuses to perform any covenant or agreement made by it herein, the non-breaching party may be without an adequate remedy at law. The parties each agree, therefore, that in the event that either party Party violates or fails or refuses to perform any covenant or agreement made by such party hereinParty in this Agreement, the non-breaching party Party may lack an adequate remedy at Law. Therefore, the Parties agree that, if any Party violates or parties fails or refuses to perform any covenant or agreement made by such Party in this Agreement, then the non-breaching Party may, subject to the terms of this Agreement and in addition to any remedies at law Law for damages or other relief, institute and prosecute an action in any court Court of competent jurisdiction to enforce specific performance of such covenant or agreement or seek any other equitable relief.

Appears in 1 contract

Sources: Merger Agreement (Concurrent Computer Corp/De)

Specific Performance and Other Remedies. The parties hereto each acknowledge that the rights of each party to consummate the transactions contemplated hereby by this Agreement are special, unique and of extraordinary character, and that, in the event that if any party violates or fails or refuses to perform any covenant or agreement made by it hereinin this Agreement, the non-breaching party may be without an adequate remedy at law. The parties each agree, therefore, that in the event that if either party violates or fails or refuses to perform any covenant or agreement made by such party hereinin this Agreement, the non-breaching party or parties may, subject to the terms of this Agreement and in addition to any remedies at law for damages or other relief, institute and prosecute an action in any court of competent jurisdiction to enforce specific performance of such covenant or agreement or seek any other equitable relief.

Appears in 1 contract

Sources: Merger Agreement (Premenos Technology Corp)

Specific Performance and Other Remedies. The parties hereto Parties each acknowledge that the rights of each party Party to consummate the transactions contemplated hereby by this Agreement are special, unique and of extraordinary character, character and that, in the event that any party Party violates or fails or refuses to perform any covenant or agreement made by it hereinin this Agreement, the non-breaching party Party may be without an adequate remedy at law. The parties each Parties agree, therefore, that in the event that either party any Party violates or fails or refuses to perform any covenant or agreement made by such party hereinParty in this Agreement, the non-breaching party or parties Party may, subject to the terms of this Agreement and in addition to any remedies at law for damages or other relief, institute and prosecute an action in any court of competent jurisdiction to enforce specific performance of such covenant or agreement or seek any other equitable relief.

Appears in 1 contract

Sources: Merger Agreement (Quanta Services Inc)

Specific Performance and Other Remedies. The parties hereto each acknowledge that the rights of each party to consummate the transactions contemplated hereby by this Agreement are special, unique and of extraordinary character, character and that, in the event that any party violates or fails or refuses to perform any covenant or agreement made by it hereinin this Agreement, the non-breaching party may be without an adequate remedy at lawLaw. The parties each agree, therefore, that in the event that either any party violates or fails or refuses to perform any covenant or agreement made by such party hereinin this Agreement, the non-breaching party or parties may, subject to the terms of this Agreement and in addition to any remedies at law Law for damages or other relief, institute and prosecute an action in any court of competent jurisdiction shall be entitled to enforce specific performance of such covenant or agreement or may seek any other equitable relief, and the parties hereby waive the requirement of any posting of a bond in connection with the remedies described herein.

Appears in 1 contract

Sources: Merger Agreement (KAR Auction Services, Inc.)

Specific Performance and Other Remedies. The parties hereto each acknowledge Each Party hereby acknowledges that the rights of each party Party to consummate the transactions contemplated hereby are special, unique and of extraordinary character, character and that, in the event that any party Party violates or fails or refuses to perform any covenant or agreement made by it herein, the non-breaching party Party may be without an adequate remedy at law. The parties each agree, therefore, that in In the event that either party any Party violates or fails or refuses to perform any covenant or agreement made by such party Party herein, the non-breaching party Party or parties Parties may, subject to the terms of this Agreement and hereof (including the preceding Section 10.2), in addition to any remedies remedy at law for damages or other relief, institute and prosecute an action in any court of competent jurisdiction to enforce specific performance of such covenant or agreement or seek any other equitable relief.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Internap Corp)

Specific Performance and Other Remedies. The parties hereto Parties each acknowledge that the rights of each party Party to consummate the transactions contemplated hereby by this Agreement are special, unique and of extraordinary character, and that, in the event that any party Party violates or fails or refuses to perform any covenant or agreement made by it hereinin this Agreement, the non-breaching party Party may be without an adequate remedy at law. The parties Parties each agree, therefore, that in the event that either party Party violates or fails or refuses to perform any covenant or agreement made by such party hereinParty in this Agreement, the non-breaching party Party or parties Parties may, subject to the terms of this Agreement and in addition to any remedies at law for damages or other relief, institute and prosecute an action in any court of competent jurisdiction to enforce specific performance of such covenant or agreement or seek any other equitable relief.

Appears in 1 contract

Sources: Asset Purchase Agreement (Consolidated Stainless Inc)

Specific Performance and Other Remedies. The parties hereto each acknowledge that the rights of each party to consummate the transactions contemplated hereby are special, unique and of extraordinary character, and that, in the event that any party violates or fails or refuses to perform any covenant or agreement made by it herein, the non-breaching party may be without an adequate remedy at law. The parties each agree, therefore, that in the event that either party violates or fails or refuses to perform any covenant or agreement made by such party herein, the non-breaching party or parties may, subject to the terms of this Agreement and in addition to any remedies at law for damages or other relief, relief institute and prosecute an action in any court of competent jurisdiction to enforce specific performance of such covenant or agreement or seek any other equitable relief.

Appears in 1 contract

Sources: Asset Purchase Agreement (Silver Falcon Mining, Inc.)

Specific Performance and Other Remedies. The parties hereto each acknowledge that the rights of each party to consummate the transactions contemplated hereby are special, unique and of extraordinary character, and that, in the event that any party violates or fails or refuses to perform any covenant or agreement made by it herein, the non-non- breaching party may be without an adequate remedy at law. The parties each agree, therefore, that in the event that either party violates or fails or refuses to perform any covenant or agreement made by such party herein, the non-breaching party or parties may, subject to the terms of this Agreement and in addition to any remedies at law for damages or other relief, institute and prosecute an action in any court of competent jurisdiction to enforce specific performance of such covenant or agreement or seek any other equitable relief.

Appears in 1 contract

Sources: Asset Purchase Agreement (Horizon Medical Products Inc)

Specific Performance and Other Remedies. The parties hereto each acknowledge that the rights of each party the others to consummate the transactions contemplated hereby are special, unique and of extraordinary character, and that, in the event that any party violates or fails or and refuses to perform any covenant or agreement made by it herein, the non-breaching party may be without an adequate remedy at law. The parties each agree, therefore, that in the event that either party he or it violates or fails or refuses to perform any covenant or agreement made by such party him or it herein, the non-non breaching party or parties may, subject to the terms of this Agreement and in addition to any remedies at law for damages or other relief, institute and prosecute an action in any court of competent jurisdiction to enforce specific performance of such covenant or agreement or seek any other equitable relief.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Locateplus Holdings Corp)

Specific Performance and Other Remedies. The parties hereto each acknowledge Each Party acknowledges that the rights of each party Party to consummate the transactions contemplated hereby by this Agreement are special, unique and of extraordinary character, character and that, in the event that any party Party violates or fails or refuses to perform any covenant or agreement made by it hereinin this Agreement, the non-breaching party non‑breaching Party may be without an adequate remedy at law. The parties each Parties agree, therefore, that in the event that either party any Party violates or fails or refuses to perform any covenant or agreement made by such party hereinParty in this Agreement, the non-breaching party non‑breaching Party or parties Parties may, subject to the terms of this Agreement and in addition to any remedies at law for damages or other relief, institute and prosecute an action in any court of competent jurisdiction to enforce specific performance of such covenant or agreement or seek any other equitable relief.

Appears in 1 contract

Sources: Asset Purchase Agreement (Telenav, Inc.)

Specific Performance and Other Remedies. The parties hereto Parties each acknowledge that the rights of each party Party to consummate the transactions contemplated hereby by this Agreement are special, unique and of extraordinary character, character and that, in the event that any party Party violates or fails or refuses to perform any covenant or agreement made by it hereinin this Agreement, the non-breaching party Party may be without an adequate remedy at law. The parties each Parties agree, therefore, that in the event that either party any Party violates or fails or refuses to perform any covenant or agreement made by such party hereinParty in this Agreement, the any non-breaching party or parties Party may, subject to the terms of this Agreement and in addition to any remedies at law for damages or other relief, institute and prosecute an action in any court of competent jurisdiction to enforce specific performance of such covenant or agreement or seek any other equitable relief.

Appears in 1 contract

Sources: Merger Agreement (Noble Corp / Switzerland)