Specific Performance, Etc. Parent, Trikon and VPVP, in addition to being entitled to exercise all rights provided herein, in the New Athletics Certificate or granted by law, including recovery of damages, shall be entitled to specific performance of its rights under this Agreement. Parent, Trikon and VPVP agree that monetary damages would not be adequate compensation for any loss incurred by reason of a breach by it of the provisions of this Agreement and hereby agrees to waive the defense in any action for specific performance that a remedy at law would be adequate.
Appears in 3 contracts
Sources: Stockholder Agreement (New Athletics, Inc.), Stockholder Agreement (New Athletics, Inc.), Stockholder Agreement (Trikon Technologies Inc)