This morning I encountered the following sentence on EDGAR:
Therefore, the obligations of the Sellers under this Agreement, including, without limitation, the Sellers’ obligation to sell the Shares to the Purchaser, shall be enforceable by a decree of specific performance issued by any court of competent jurisdiction, and appropriate injunctive relief may be applied for and granted in connection therewith.
It’s nothing special—I just happened to be searching for contracts using the phrase “special performance.” I haven’t looked closely at it; all I know is that it needs help.
I invite anyone with time on their hands to take a crack at redrafting it following MSCD guidelines. As usual, the first question I’d ask myself is, What category of contract language should it be?
I’ll offer my attempt early next week.