Specific Performance and Other Rights Sample Clauses

Specific Performance and Other Rights. 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.
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Specific Performance and Other Rights. The Parties recognize that several of the rights granted under this Agreement are unique and, accordingly, the parties shall, in addition to such other remedies as may be available to them at law or in equity, have the right to enforce their rights under this Agreement by actions for injunctive relief and specific performance.
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Specific Performance and Other Rights. (a) Subject to clause 14.6 and 14.10, nothing in this agreement precludes the Company from suing the Acquirer for specific performance or from otherwise terminating this agreement in accordance with its terms and/or suing the Acquirer for damages (the amount of which it is acknowledged will be limited to the amount of any Reverse Break Fee actually paid to the Company by the Acquirer in accordance with this agreement). (b) Subject to clause 14.6 and 14.9, nothing in this agreement precludes the Acquirer from suing the Company for specific performance or from otherwise terminating this agreement in accordance with its terms and/or suing the Company for damages (the amount of which it is acknowledged will be limited to the amount of the Break Fee actually paid to the Acquirer by the Company in accordance with this agreement).
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Specific Performance and Other Rights. (a) Nothing in this agreement precludes the Company from suing the Acquirer and/or Mercury for specific performance or from otherwise terminating this agreement in accordance with its terms and/or suing the Acquirer and/or Mercury for damages (the amount of which it is acknowledged will be reduced by the amount of any Reverse Break Fee actually paid to the Company by the Acquirer or Mercury in accordance with this agreement). (b) The Acquirer and ▇▇▇▇▇▇▇ acknowledge and agree that if the Acquirer or Mercury breaches this agreement, Loss may be suffered or incurred by Shareholders and, accordingly, the Acquirer and ▇▇▇▇▇▇▇ each acknowledges and agrees that the agreements and covenants that it provides in this agreement, are promises which confer, and are intended to confer, a benefit upon the Shareholders and, accordingly, the provisions of subpart 1 of part 2 of the Contract and Commercial Law Act 2017 apply to each of them. Nothing in the preceding sentence will prevent the Company, ▇▇▇▇▇▇▇ and the Acquirer amending this agreement without the consent of the Shareholders as contemplated by clause 20.1.
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Specific Performance and Other Rights. Subject to clause 15.5, nothing in this agreement precludes the Company from suing Apax for specific performance or from otherwise terminating this agreement in accordance with its terms and/or suing Apax for damages (the amount of which it is acknowledged will be reduced by the amount of any Reverse Break Fee actually paid to the Company by Apax in accordance with this agreement). Without limiting the foregoing, ▇▇▇▇ acknowledges and agrees that the Company may require Apax to enforce its rights under the Equity Commitment Letter and/or Debt Commitment Letters to cause Apax to fund the Consideration or the Reserve Break Fee (as applicable).
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Specific Performance and Other Rights. (a) Subject to clause 16.8(c), nothing in this Agreement precludes the Company from suing Meridian for specific performance. (b) Subject to clause 16.8(d), nothing in this Agreement precludes Meridian from suing the Company for specific performance. (c) The Company's right to receive the Reverse Break Fee or payment of any damages or any Losses under clause 11.4 will not limit or otherwise affect the Company's right to seek specific performance as provided in this clause 16.8, provided that in no event will the Company be entitled to receive both: (i) specific performance resulting in implementation of the Scheme and payment of the Reverse Break Fee; or (ii) specific performance resulting in implementation of the Scheme and payment of any damages or any Losses under clause 11.4. (d) Meridian's right to receive the Break Fee or payment of any damages or any Losses under clause 11.3 will not limit or otherwise affect Meridian's right to seek specific performance as provided in this clause 16.8, provided that in no event will Meridian be entitled to receive both: (i) specific performance resulting in implementation of the Scheme and payment of the Break Fee; or (ii) specific performance resulting in implementation of the Scheme and payment of any damages or any Losses under clause 11.3.
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Related to Specific Performance and Other Rights

  • 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.

  • Specific Performance and other Equitable Rights It is recognized and acknowledged that a breach by any party of any material obligations contained in this Agreement will cause the other party to sustain injury for which it would not have an adequate remedy at law for money damages. Accordingly, in the event of any such breach, any aggrieved party shall be entitled to the remedy of specific performance of such obligations and interlocutory, preliminary and permanent injunctive and other equitable relief in addition to any other remedy to which it may be entitled, at law or in equity.

  • Injunctive and Other Relief Because of the unique character of the services to be rendered by the Executive hereunder, the Executive understands that the Bank would not have an adequate remedy at law for the material breach or threatened breach by the Executive of any one or more of the Executive’s covenants in this Article 7. Accordingly, the Executive agrees that the Bank’s remedies for a breach of this Article 7 include, but are not limited to, (x) forfeiture of any money representing accrued salary, contingent payments, or other fringe benefits (including any amount payable pursuant to Article 4) due and payable to the Executive during the period of any breach by the Executive, and (y) a suit in equity by the Bank to enjoin the Executive from the breach or threatened breach of such covenants. The Executive hereby waives the claim or defense that an adequate remedy at law is available to the Bank and the Executive agrees not to urge in any such action the claim or defense that an adequate remedy at law exists. Nothing herein shall be construed to prohibit the Bank from pursuing any other or additional remedies for the breach or threatened breach.

  • EQUITABLE RELIEF AND OTHER REMEDIES The parties acknowledge and agree that the other party’s remedies at law for a breach or threatened breach of any of the provisions of this Section would be inadequate and, in recognition of this fact, the parties agree that, in the event of such a breach or threatened breach, in addition to any remedies at law, the other party, without posting any bond, shall be entitled to obtain equitable relief in the form of specific performance, temporary restraining order, a temporary or permanent injunction or any other equitable remedy which may then be available.

  • Specific Performance and Remedies Shareholder acknowledges that it will be impossible to measure in money the damage to Parent if Shareholder fails to comply with the obligations imposed by this Agreement and that, in the event of any such failure, Parent will not have an adequate remedy at law or in equity. Accordingly, Shareholder agrees that injunctive relief or other equitable remedy, in addition to remedies at law or in damages, is the appropriate remedy for any such failure and will not oppose the granting of such relief on the basis that Parent has an adequate remedy at law. Shareholder agrees that Shareholder will not seek, and agrees to waive any requirement for, the securing or posting of a bond in connection with Parent’s seeking or obtaining such equitable relief. In addition, after discussing the matter with Shareholder, Parent shall have the right to inform any third party that Parent reasonably believes to be, or to be contemplating, participating with Shareholder or receiving from Shareholder assistance in violation of this Agreement, of the terms of this Agreement and of the rights of Parent hereunder, and that participation by any such persons with Shareholder in activities in violation of Shareholder’s agreement with Parent set forth in this Agreement may give rise to claims by Parent against such third party.