Specific Performance Clauses

Summary

This specific performance clause provides for (i) an unlimited right of the parties to seek specific performance of the contractual obligations under the agreement regardless of the availability of any other remedies; and in the alternative (ii) a limited right to seek specific performance by the buyer in the context of a funding requirement. These clauses include practical guidance, drafting notes, and alternate clauses. For further discussion of specific performance clauses, see Termination Rights and Fees in Acquisition Agreements.